WOCKHARDT LIMITED,,AURANGABAD vs. ASSISTAMT COMMISSIONER OF INCOME TAX, CIRCLE -3,, AURANGABAD

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Revenue is partly allowed, the appeal filed by assessee is partly allowed and the CO filed by assessee is dismissed as withdrawn

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.775/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Acit, Circle-3, Aurangabad .......अऩीऱाथी / Appellant बिधम / V/S. Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M ……प्रत्यथी / Respondent आयकर अपीऱ सं. / Ita No.758/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......अऩीऱाथी / Appellant बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019 निर्धारण वषा / Assessment Year : 2013-14 Wockhardt Ltd., R&D Centre, D-4, Midc, Chikalthana, Aurangabad. Pan: Aaacw2472M .......Cross Objector बिधम / V/S. Acit, Circle-3, Aurangabad ……प्रत्यथी / Respondent Co No.43/Pun/2019

section 234C ought to be levied on the returned income and not on assessed income. 4. The grounds of appeal No.1 to 3 challenges the decision of ld. CIT(A) disallowing weighted deduction u/s 35(2AB) amounting to Rs.62,60,65,990/-. The factual background of the disallowance is as under: During the previous year relevant to the assessment under

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

disallowance made by the Assessing Officer amounting of Rs.47,46,67,962/- on account of Deduction u/s 10AA on sale to UNICEF, since the said section

KUMAR PROPERTIES AND REAL ESTATE PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 14, PUNE

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

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

46,67,130/-. The case was selected for scrutiny under CASS and a notice u/s 143(2) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 31.10.2017 was issued and served on the assessee. Subsequently the Assessing Officer issued 2 notice u/s 142(1) of the Act along with a questionnaire in response to which

POONAWALLA SHARES & SECURITIES PVT.LTD,PUNE vs. ASSISTANT COMMISSIONER OF WEALTH-TAX, CIRCLE-4, PUNE

Appeal is partly allowed in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.380/Pun/2020 िनधा"रण वष" / Assessment Year : 2016-17 Poonawalla Shares & Securities The Assistant Pvt. Ltd., Vs Commissioner Of Income 16-B,/1, Sarosh Bhavan, Tax, Dr.Ambedkar Road, Circle-4, Pune. Pune – 411001 Pan: Aaacp 6087 H Appellant/ Assessee Respondent /Revenue Assessee By Shri Percy Pardiwala – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 08/07/2022 Date Of Pronouncement 29/07/2022 आदेश/ Order Per S.S.Godara, Jm: This Assessee’S Appeal For Assessment Year 2016-17 Is Directed Against The Commissioner Of Income Tax(Appeals)-3, Pune’S Order Dated 11.12.2019 Passed In Case No.Pn/Cit(A)-3/Cir 4/193/2018-19/428, In Proceedings U/S.143(3) Of The Income Tax Act, 1961 [In Short “The Act”].

section 14A of the Act provides for disallowance of the expenditure even where in a particular year the assessee has not earned any exempt income. Thus all the investments from which exempt income is earned or will be earned need to considered for the calculation under Rule 8D. As seen from the show cause given to the assessee which

PUNE METROPOLITAN REGION DEVELOPMENT AUTHORITY,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE PUNE, PUNE

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

disallowance of exemption claimed under section 10(46) without first disposing off the application filed by the appellant is bad in law. Revenue

PUNE METROPOLITAN REGION DEVELOPMENT AUTHORITY,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE PUNE, PUNE

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

disallowance of exemption claimed under section 10(46) without first disposing off the application filed by the appellant is bad in law. Revenue

TATA TECHNOLOGIES LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 7,, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.2054/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Tata Technologies Limited, The Acit, Circle-7, Pune. Plot No.25, Phase I, Rajiv Vs Gandhi Infotech Park, Hinjawadi, Pune – 411057. Pan: Aaactg 3092 N Appellant/ Assessee Respondent / Revenue Assessee By Shri Dhanesh Bafana & Smt.Chandni Shah – Ar Revenue By Shri Shivraj B. Moray - Dr Date Of Hearing 01/08/2022 Date Of Pronouncement 18/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Assistant Commissioner Of Income Tax Circle-7, Pune Dated 30.10.2019 For The A.Y. 2015-16 U/S 143(3)Rws 144C(13) Of The Income Tax Act. The Appellant Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Ao, Following The Directions Of The Ld. Drp, Erred In Confirming The Action Of The Ld. Tpo In Rejecting The Alp Computation Undertaken By The Appellant For Benchmarking The International Transaction Pertaining To Payment Of Commission, Thereby Making A Tp Adjustment Of Rs.5,79,53,349 In The Software Distribution Segment.

section 271AA of the Act. The Appellant prays that the penalty proceedings ought to be dropped” ITA No.2054/PUN/2019for A.Y. 2015-16 Tata Technologies Ltd., Vs. ACIT[A] 2. Brief facts of the case are that the appellant assessee had filed return of Income on 27/11/2015 for AY 2015-16 declaring total income of Rs.1,34,62,70,040/-. The case

JCIT (OSD), CIRCLE 14, PUNE vs. KUMAR BUILDER MUMBAI REALTY PRIVATE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

46,100/-. While doing so, the Assessing Officer made the following disallowances/additions :- (i) Disallowance of service tax not paid u/s 43B of Rs.49,93,213/-. (ii) Disallowance of interest u/s 36(1)(iii) of Rs.26,31,67,414/- (iii) Addition on account of notional rent on account of completed flats of Rs.1,05,000/-. 6. The factual background leading

JCIT (OSD), CIRCLE 14, PUNE vs. KUMAR URBAN DEVELOPMENT PRIVATE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

46,100/-. While doing so, the Assessing Officer made the following disallowances/additions :- (i) Disallowance of service tax not paid u/s 43B of Rs.49,93,213/-. (ii) Disallowance of interest u/s 36(1)(iii) of Rs.26,31,67,414/- (iii) Addition on account of notional rent on account of completed flats of Rs.1,05,000/-. 6. The factual background leading

JCIT (OSD), CIRCLE 14, PUNE vs. KUMAR URBAN DEVELOPMENT PRIVATE LIMITED, PUNE

In the result, the appeal filed by the Revenue in ITA

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Ravisl.

46,100/-. While doing so, the Assessing Officer made the following disallowances/additions :- (i) Disallowance of service tax not paid u/s 43B of Rs.49,93,213/-. (ii) Disallowance of interest u/s 36(1)(iii) of Rs.26,31,67,414/- (iii) Addition on account of notional rent on account of completed flats of Rs.1,05,000/-. 6. The factual background leading

ADVIK HI TECH PVT LTD,PUNE vs. DY.COMM.OF INCOME TAX, CIRCLE 8, PUNE, AKURDI PUNE

In the result, the cross appeal filed by the Revenue in ITA

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1158/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Advik Hi Tech Pvt. Ltd., Vs. Dcit, Circle-8, Pune. Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent आयकर अपील सं. / Ita No.1330/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 Dcit, Circle-8, Pune. Vs. Advik Hi Tech Pvt. Ltd., Gat No.357, Plot No.99, Village- Kharabwadi, Tal.- Khed, Chakan- 410501. Pan : Aacca3106E Appellant Respondent Assessee By : Shri Sharad A. Shah & Shri Rohit S. Tapadiya Revenue By : Shri Amol Khairnar Date Of Hearing : 21.11.2024 Date Of Pronouncement : 18.02.2025 आदेश / Order Per Vinay Bhamore, Jm: These Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 16.10.2023 Passed By Ld.Cit(A)/Nfac For The Assessment Year 2020-21 Respectively.

disallowing an amount of INR 67,87,728/- claimed as deduction under section 80G of the Act, holding that the contributions towards Corporate Social Responsibility ("CSR") of the Appellant were not eligible for the said deduction under section 80G of the Act. 2.1 The learned AO and Learned CIT(A) has erred in fact and law, by holding that

DEPUTY COMMISSIONER OF INCOME-TAX vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,, PUNE

section 43B of the Act. 15. The last point for the adjudication is the special manner of determination of income of the insurance companies as prescribed under rule 5 of Schedule 1 of the Act. The Profit and Loss Account disclosed by the assessee i.e. its annual accounts are sacrosanct. The said rule provides that the income to be determined

BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

section 43B of the Act. 15. The last point for the adjudication is the special manner of determination of income of the insurance companies as prescribed under rule 5 of Schedule 1 of the Act. The Profit and Loss Account disclosed by the assessee i.e. its annual accounts are sacrosanct. The said rule provides that the income to be determined

DAR A1 HANDASAH CONSULTANTS (SHIR & PARTNERS) INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC,, BENGALURU

In the result, ground No. 2 of appeal of the assessee is allowed for statistical purposes

Bench: Shri Inturi Rama Roao & Shri Partha Sarathi Chaudhury

section 139(1) of the Act. On appeal before the ld. CIT(A), confirmed the said disallowance. The Tribunal held as follows: “6. When the matter was called on none appeared on behalf of the appellants listed at Sl. No.2 to 6 of above cause title, despite due service of notice of hearing, except in the case of Tilokchand Bhabutmal

CARRORO INDIA PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Revenue in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

section 14A r.w.Rule 8D of the Income Tax Rules, 1962. The Tribunal relied upon the decision of the Hon‟ble Delhi High Court in the case of Cheminvest Ld. Vs. CIT (2015) 61 taxmann.com 118/234 Taxman 761/378 ITR 33 (Delhi); the decision of the Punjab & Haryana High Court in the case of CIT Vs. Lakhani Marketing Inc. (2014) 49 taxman.com

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

In the result, appeal of the Revenue in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

section 14A r.w.Rule 8D of the Income Tax Rules, 1962. The Tribunal relied upon the decision of the Hon‟ble Delhi High Court in the case of Cheminvest Ld. Vs. CIT (2015) 61 taxmann.com 118/234 Taxman 761/378 ITR 33 (Delhi); the decision of the Punjab & Haryana High Court in the case of CIT Vs. Lakhani Marketing Inc. (2014) 49 taxman.com

LATE MR JAGADISH DESHPANDE THROUGH LEGAL HEIR VRISHALI DESHPANDE,PUNE vs. DY/ASSIT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE

In the result, appeal of the Assessee is allowed for statistical purpose

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripote

disallowance of deduction of Rs 46,46,516 u/s 80IA of the Act is required to be made on account of delayed furnishing of Audit Report in Form 10CCB electronically after due date of furnishing, the same cannot be made by way of intimation under section

LATE MR JAGADISH DESHPANDE THROUGH LEGAL HEIR VRISHALI DESHPANDE,PUNE vs. DY/ASST COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE

In the result, appeal of the Assessee is allowed for statistical purpose

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripote

disallowance of deduction of Rs 46,46,516 u/s 80IA of the Act is required to be made on account of delayed furnishing of Audit Report in Form 10CCB electronically after due date of furnishing, the same cannot be made by way of intimation under section