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129 results for “disallowance”+ Section 35(1)(iv)clear

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Key Topics

Section 143(3)82Section 143(2)61Addition to Income61Section 14A45Section 12A45Disallowance40Section 3539Section 14839Deduction38Section 80P

ASST COMMISSIONER OF INCOME TAX , PANVEL vs. EPYGEN BIOTECH PRIVATE LIMITED, NAVI MUMBAI

In the result, appeal of the Revenue is allowed

ITA 2719/PUN/2024[2018-19]Status: DisposedITAT Pune10 Mar 2026AY 2018-19

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Satya Prakash Singh, CAFor Respondent: Shri Nasavarak Jore,atj, Addl.CIT
Section 143(2)Section 143(3)Section 250Section 35(1)(iv)

35(1)(iv) of the Act observing as follows:- “In ground No.3, regarding the disallowance of capital expenditure related to scientific research amounting to Rs.3,72,88,916 under Section

DCIT,CIRCLE-8 , PUNE vs. MAHALE ANAND THERMAL SYSTEMS PVT. LTD. , PUNE

Showing 1–20 of 129 · Page 1 of 7

37
Section 143(1)33
Search & Seizure14

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 127/PUN/2024[2014-15]Status: DisposedITAT Pune22 Jan 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India. 5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section

DCIT CIRCLE 8 , PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 96/PUN/2024[2015-16]Status: DisposedITAT Pune22 Jan 2025AY 2015-16

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India. 5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section

MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 333/PUN/2024[2014-15]Status: DisposedITAT Pune22 Jan 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India. 5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section

DCIT, CIRCLE-8, PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD., PUNE

ITA 228/PUN/2024[2017-18]Status: DisposedITAT Pune22 Jan 2025AY 2017-18
For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India.\n\n5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section

MAHLE BEHR INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal filed by the assessee is allowed

ITA 795/PUN/2017[2012-13]Status: DisposedITAT Pune15 Jan 2025AY 2012-13
Section 143(3)Section 35Section 35(1)

disallowance of claim made u/s 35(2AB) of the R & D expenditure\nfor the reason that the appellant is not eligible to claim deduction u/s 35(2AB) for\nthe amount which is in excess of the amount approved by DSIR.\n3. Without prejudice to the above, after having denied weighted deduction claimed\nu/s 35 (2AB) in respect of the said

M/S. SHIVAMM INDUSTRIES,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-8, PUNE

In the result, appeal of the Assessee is Dismissed

ITA 393/PUN/2023[2013-14]Status: DisposedITAT Pune26 May 2023AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.393/Pun/2023 िनधा"रणवष" / Assessment Year : 2013-14 M/S.Shivamm Industries, The Dy.Commissioner Of Plot 76, Arihant Heights, Sector Vs Income Tax, Circle-8, No.25, Pradhikaran Nigdi, Pune. Pune – 411044. Pan: Aaefs 0458 A Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 15/05/2023 Date Of Pronouncement 26/05/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee I.E. Shivamm Industries For A.Y. 2013-14 Against The Order Of Ld.Commissioner Of Income Of Tax(Appeals)[Nfac] Dated 21.03.2023 Emanating From Assessing Officer’S Order Under Section 154 Of The Act Dated 22.03.2021. The Ground Of Appeal Are As Under : “1. The Order Dated 21/03/2023 Bearing No.Itba/Nfac/S/250/2022-23/1051048828[L] Passed Under Section 250 Of Income Tax Act, 1961 By The Hon’Ble Cit[Appeals], National Faceless Appeal Centre [Nfac], Delhi, Is Excessive, M/S.Shivamm Industries [A]

Section 139(1)Section 143(3)Section 154Section 250Section 36

iv) due to `increase in income’ is jettisoned. 12. Another argument point was put forth on behalf of the assessee that the assessee did not claim any deduction in the Profit and loss account of the amount under consideration and hence no disallowance should have been made. This argument is again bereft of force. The assessee claimed deduction for salary

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

ITA 1661/PUN/2024[2016-17]Status: DisposedITAT Pune25 Aug 2025AY 2016-17
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)Section 80I

1) in relation to approval of in-house R&D\nfacility in part A of form No.3CL and (ii) quantifying the expenditure incurred on\nin-house R & D facility by the company during the previous year and eligible for\nweighted deduction under sub-section 2AB of section 35 of the Act in part B of\nform No.3CL In other words

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

ITA 1663/PUN/2024[2018-19]Status: DisposedITAT Pune25 Aug 2025AY 2018-19
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)Section 80I

1) in relation to approval of in-house R&D\nfacility in part A of form No.3CL and (ii) quantifying the expenditure incurred on\nin-house R & D facility by the company during the previous year and eligible for\nweighted deduction under sub-section 2AB of section 35 of the Act in part B of\nform No.3CL In other words

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

ITA 1660/PUN/2024[2014-15]Status: DisposedITAT Pune25 Aug 2025AY 2014-15
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)Section 80I

1) in relation to approval of in-house R&D\nfacility in part A of form No.3CL and (ii) quantifying the expenditure incurred on\nin-house R & D facility by the company during the previous year and eligible for\nweighted deduction under sub-section 2AB of section 35 of the Act in part B of\nform No.3CL In other words

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLIGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

ITA 506/PUN/2025[2015-16]Status: DisposedITAT Pune25 Aug 2025AY 2015-16
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)Section 80I

1) in relation to approval of in-house R&D\nfacility in part A of form No.3CL and (ii) quantifying the expenditure incurred on\nin-house R & D facility by the company during the previous year and eligible for\nweighted deduction under sub-section 2AB of section 35 of the Act in part B of\nform No.3CL In other words

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

ITA 1256/PUN/2023[2018-19]Status: DisposedITAT Pune04 Dec 2025AY 2018-19
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 144C(5)Section 14ASection 250Section 80JSection 92C

disallowance u/s.14A of the Act for the\nyear under consideration.\n11.2 The Appellant submits that considering the facts and\ncircumstances of its case and the law prevailing on the subject no\nadjustment whatsoever can be made to its \"book profits\" while\ncomputing its income u/s.115JB of the Act and the stand taken by\nthe Ld. AO/Hon'ble_DRP in this

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

ITA 632/PUN/2022[2018-19]Status: DisposedITAT Pune04 Dec 2025AY 2018-19
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 144C(5)Section 14ASection 250Section 80JSection 92C

disallowance u/s.14A of the Act for the\nyear under consideration.\n\n11.2 The Appellant submits that considering the facts and\ncircumstances of its case and the law prevailing on the subject no\nadjustment whatsoever can be made to its \"book profits\" while\ncomputing its income u/s.115JB of the Act and the stand taken by\nthe Ld. AO/Hon

SUBHADRA TANAJI CHAVAN,SATARA vs. INCOME TAX OFFICER WARD 2, SATARA

In the result, the appeal of the assessee is allowed

ITA 1389/PUN/2025[2021-22]Status: DisposedITAT Pune29 Jul 2025AY 2021-22

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1389/Pun/2025 िनधा"रण वष" / Assessment Year: 2021-22 Subhadra Tanaji Chavan, V The Income Tax Officer, Plot No.31, Suparna Niwas S Ward-2, Satara. Pawar Colony, Shahupuri, Satara – 415002. Maharashtra. Pan: Bgspc7420D Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Akhilesh Srivastva–Addl.Cit(Dr) Date Of Hearing 10/07/2025 Date Of Pronouncement 29/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2021-22Dated 30.03.2025, Emanating From Order U/S.143(1)Of The Income Tax Act, 1961, Dated 28.12.2022. The Assessee Has Raised Following Grounds Of Appeal :

Section 143(1)Section 250Section 500Section 50CSection 50C(1)

35,500/- being the stamp duty value of the property sold during the year). 5.2 The return of income was filed by the assessee on 08.12.2021 at an income of Rs.4,30,880/- which was processed u/s.143(1) of the Act vide order dated 28.12.2022 at an income of Rs.60,78,880/-. In its submission, the appellant submitted that that

INCOME TAX OFFICER, PUNE vs. SAGAR CONSTRUCTION COMPANY, PUNE

In the result, the appeal filed by the Revenue is dismissed and the CO filed by the assessee is allowed

ITA 1812/PUN/2025[2017-18]Status: DisposedITAT Pune08 Jan 2026AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

For Appellant: Shri Suhas Bora and Riya OswalFor Respondent: Shri S. Sadananda Singh, JCIT
Section 142(1)Section 143(1)Section 147Section 148Section 269SSection 37Section 68

disallowed the same u/s 37 of the Act. Thus, the Assessing Officer computed the total income of the assessee at Rs.2,22,86,304/-. 6. Before the Ld. CIT(A) / NFAC the assessee submitted that the reasons for reopening were communited to the assessee after 11 months of issue of notice u/s 148 of the Act although the assessee

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 7 PUNE, PUNE vs. KOLTE PATIL INTEGRATED TOWNSHIPS LIMITED, PUNE

In the result, both the appeals filed by the Revenue are dismissed

ITA 2011/PUN/2024[2016-17]Status: DisposedITAT Pune10 Mar 2025AY 2016-17
Section 143(3)Section 147Section 148Section 148ASection 151

35,789 cost incurred during\nthe year of Rs.327,42,32,668 closing WIP of Rs.396,30,86,527 CENVAT credit of\nRs.10,54,94,659) on cost of sales (construction) during the year and it is exclusive\nof finance cost. Further, It is noticed that the assessee had debited entire interest\nexpenses of Rs.32,30,50,317 in profit

AGRA OBSTETRICAL AND GYNAECOLOGICAL SOCIETY,AGRA vs. PCIT, CENTRAL, PUNE

ITA 549/PUN/2023[2022-23]Status: DisposedITAT Pune26 Mar 2025AY 2022-23
Section 12A

disallowance u/s 37(1) of the Act, the pharmaceutical company i.e\nEmcure Pharmaceuticals Ltd. has routed the expense of providing of\nfreebies through the assessee trust as it enables the Emcure\nPharmaceuticals Ltd. to claim an otherwise inadmissible expense as\ndeduction. Such act of the assessee trust of carrying the activity of\nproviding freebies at the behest of the pharmaceutical

COOPER CORPORATION PRIVATE LIMITED,SATARA vs. NATIONAL EASSESSMENT CENTRE, NOT KNOWN

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 212/PUN/2025[2020-21]Status: DisposedITAT Pune22 May 2025AY 2020-21

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21 Cooper Corporation Pvt. Ltd. Dcit, Satara Circle, Satara M60-1, Nariman House, Additional Vs. Midc, Vijay Nagar, Gojegaon B.O., Satara – 415004 Pan: Aaacc9687J (Appellant) (Respondent) Assessee By : Shri Krishna V Gujarathi Department By : Shri Amol Khairnar Cit-Dr Date Of Hearing : 14-05-2025 Date Of Pronouncement : 22-05-2025 O R D E R

For Appellant: Shri Krishna V GujarathiFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(2)Section 35

section 35(2AB). It was noticed from the records available that the assessee has claimed deduction of Rs.126917337/- u/s 35(2AB) for in house research and development work in their in house research facility. The assessee company has claimed total expenses of Rs.84611588 during the year on research and development (Rs.31127790/- as capital expenditure Rs.53483768/- and as revenue expenditure

M/S GERA DEVELOPMENTS PVT. LTD,PUNE vs. PCIT (CENTRAL), PUNE, PUNE

In the result, the appeal filed by the assessee is dismissed

ITA 1053/PUN/2024[2020-21]Status: DisposedITAT Pune09 Dec 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Hari KrishanFor Respondent: Shri Amol Khairnar
Section 143(2)Section 143(3)Section 263

disallowance u/s.14A r.w. Rule 8D at ₹3,82,623, and assessed the income at ₹1,83,60,35,564. 5. Subsequently, ld. PCIT (Central) invoked provisions of section 263 of the Act regarding the claim of depreciation on intangible assets at ₹1,86,95,184 giving reference of the generation of goodwill at the time of amalgamation

M.M. PATEL PUBLIC CHARITABLE TRUST,SOLAPUR vs. PCIT- CENTRAL, PUNE, PUNE

In the result, the appeal of the assessee is partly allowed

ITA 1130/PUN/2024[-]Status: DisposedITAT Pune21 Feb 2025
Section 12Section 127Section 12ASection 12A(1)(ac)Section 132Section 143(3)Section 153A

section (3) of section 143 for any\nprevious year; or\nc) Such case has been selected in accordance with the risk\nmanagement strategy, formulated by the Board from time to\ntime, for any previous year;\nThe Principal Commissioner or Commissioner shall—\ni.\ncall for such documents or information from the trust\nor institution, or make such inquiry as he thinks