EATON TECHNOLOGIES PVT.LTD,,PUNE vs. PR. COMMISSIONER OF INCOME-TAX-1,, PUNE

Bench: Shri S.S.Godara & G.D.Padmahshaliआयकरअपीलसं. / Ita No.590/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Eaton Technologies Private Limited, Dcit, Circle-1(2), Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No.902/Pun/2018 िनधा"रण वष" / Assessment Year: 2011-12 Eaton Technologies Private Limited, Pr.Cit-1, Cluster C, Wing 1, Eon Free Zone, Vs Pune Plot No.1, Sr.No.77, Midc Kharadi Knowledge Park, Kharadi, Pune 411 014 Pan : Aabce4323Q Appellant/ Assessee Respondent /Revenue

6. Without prejudice to the above, that on facts and circumstances of the case and in law, the AO erred in arbitrarily selecting comparable companies, disregarding the fact that the comparable chosen were functionally not comparable. The CIT(A) further erred in upholding the arbitrary action of the AO. Disallowance under section

CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED ( SUCCESSOR OF ARICENT TECHNOLOGIES HOLDINGS LIMITED),PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Shri R.K. Panda & Ms. Astha Chandra

6)(a) of the Act. It is seen that a specific subsection was introduced in section 155, i.e. subsection 18, to specifically deal with the issue of the disallowance

EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.3075/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 Eaton Technologies Pvt. Ltd. Cluster C, Wing 1, Eon Free Zone, Plot No.1, Sr. No.77, Midc Kharadi Knowledge Park, Kharadi ,Pune- 411 014. .......अपऩलधथी / Appellant Pan : Aabce4323Q बनधम / V/S. ……प्रत्यथी / Respondent Dcit, Circle-1(2), Pune Assessee By : Shri Vishal Karla Revenue By : Shri S. P. Walimbe

disallowance of expenditure in relation to purchase of off-the-shelf software under section 40(a)(i) of the Act, holding the same to be in the nature of royalty paid for use of license on which TDS was to be deducted. The Assessing Officer passed final assessment order, against which the assessee is in appeal before us. 6

HSBC SOFTWARE DEVELOPMENT (INDIA) PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhurysl.

section 14 and thus, ld. AR submits 6 that the AO was not justified in making further disallowance u/s 14A in the absence

HSBC SOFTWARE DEVELOPMENT (INDIA) PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, the appeal in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhurysl.

section 14 and thus, ld. AR submits 6 that the AO was not justified in making further disallowance u/s 14A in the absence

SATYAM TRANSFORMERS PRIVATE LIMITED,AURANGABAD vs. ITO WARD 2(3), AURANGABAD

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.1239/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Satyam Transformers Private Limited, Ito, Ward-2(3), Sharadanand, Opposite Telephone Office, Aurangabad Ajabnagar, Aurangabad-431001 Vs. Pan : Aakcs4648D अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Shubham N. Rathi Department By : Shri Akhilesh Srivastva Date Of Hearing : 04-08-2025 Date Of 27-10-2025 Pronouncement : आदेश / Order

disallowance of index cost of acquisition is bad in law and therefore deserves to be allowed.” 6. The Ld. AR submitted that the assessee’s application under the Direct Tax Vivad Se Vishwas Act, 2020 (“DTVSV Act, 2020”) has been rejected by the Income Tax Department. Admittedly, there was a lapse on the part of the assessee to inform

KOTHARI AGRITECH PRIVATE LIMITED,SOLAPUR vs. DCIT CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

Bench: Shri R.K. Panda & Ms. Astha Chandra

6. ought to have appreciated that if the audit report in Form 10CCB is filed any time before the framing of the assessment, the requirements of the provisions of section 80-IA read with section 80AC of the Act may be treated as met; 7. ought to have appreciated that claim for deduction under section

KOTHARI AGRITECH PVT. LTD,,SOLAPUR vs. THE DCIT, CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

Bench: Shri R.K. Panda & Ms. Astha Chandra

6. ought to have appreciated that if the audit report in Form 10CCB is filed any time before the framing of the assessment, the requirements of the provisions of section 80-IA read with section 80AC of the Act may be treated as met; 7. ought to have appreciated that claim for deduction under section

VIJAY ARVIND RAYKAR,,PUNE vs. INCOME-TAX OFFICER, WARD - 6(2),, PUNE

In the result, the Ground No

Bench: Shri Satbeer Singh Godara, Jm & Dr. Dipak P. Ripote, Am आयकरअपीलसं. / Ita No.3010/Pun/2017 िनधा"रणवष" / Assessment Year : 2014-15 Vijay Arvind Raykar, The Income Tax Officer, Ward- S.No.33, Wadgaon(Bk), Vs 6(2), Pune. Singhagad Road, Haveli, Pune – 411041. Pan: Adqpr 1950 F Appellant/ Revenue Respondent/ Assessee Assessee By Shri Abhay A.Avchat– Ar Revenue By Shri S P Walimbe - Dr Date Of Hearing 19/04/2022 Date Of Pronouncement 22/04/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-4, Pune Dated 29.09.2017 For The Assessment Year 2014-15. The Assessee Raised The Following Grounds Of Appeal: “1. The Income Tax Officer, Ward 6(2), Pune, Has Erred In Disallowing An Amount To The Extent Of Rs. 94,526/- Under The Provisions Of Section 14A Of The Act Read With Rule 8D & The Commissioner Of Income Tax (Appeals)-4, Pune Has Erred In Confirming The Same. 2. There Is Error In Making Aggregate Addition Of Rs.27,30,900/- Under Section 43Ca Of The Act & Appropriate Relief Should Be Granted To The Assessee In Respect Thereof. 3. The Assessee Requests For Grant Of Appropriate Relief From Additions Made Under Section 14A & 43Ca Of The Income Tax Act, 1961. 4. The Order Of The Income Tax Officer, Ward 6(2), Pune, Under Section 143(3) Dated September 29, 2017 Is Bad In Law & Learned Commissioner Of Income Tax Officer (Appeals)-V, Pune Has Erred In Confirming The Same. 5. The Appellant Craves Leave To Add, Amend Or Alter Any Of The Grounds Of Appeal.”

6(2), Pune, has erred in disallowing an amount to the extent of Rs. 94,526/- under the provisions of section

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

disallowance of expenditure in relation to purchase of off-the-shelf software under section 40(a)(i) of the Act, holding the same to be in the nature of royalty paid for use of license on which TDS was to be deducted. The Assessing Officer passed final assessment order, against which the assessee is in appeal before us. 6

DEPUTY COMMISSIONER OF INCOME TAX CIR 1(1), PUNE vs. EATON TECHNOLOGIES PVT. LTD.,, PUNE

Appeals are partly allowed for statistical purpose in above terms

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita Nos.42 & 43/Pun/2021 िनधा"रणवष" / Assessment Years : 2015-16 & 16-17 Dcit, Circle-1(1), Pune. M/S.Eaton Technologies Pvt. Ltd., Vs Cluster C Wing-1, Eon Zone, Midc Kharadi, Knowledge Park, Plot No.1, Survey No.77, Kharadi, Pune – 411014. Pan: Aabce 4323 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Vishal Kalra & Shri Ss Tomar -Ar Revenue By Shri Sunil Kumar – Cit(Dr) Date Of Hearing 24/06/2022 Date Of Pronouncement 07/07/2022 आदेश/ Order Per S.S.Godara, Jm: These Revenue’S Twin Appeals For The Assessment Years 2015- 16 & 2016-17 Arise Against The Cit(A)-13, Pune’S Separate Orders; Both Dated 29.05.2020, Passed In Case No.Pn/Cit(A)-13/Dcit, Circle-1(2), Pune/10142/2019-20/02, Pn/Cit(A)-13/Dcit, Circle- 1(2), Pune/10142/2019-20/03 Respectively, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961. Heard Both The Parties. Case Files Perused.

disallowance of expenditure in relation to purchase of off-the-shelf software under section 40(a)(i) of the Act, holding the same to be in the nature of royalty paid for use of license on which TDS was to be deducted. The Assessing Officer passed final assessment order, against which the assessee is in appeal before us. 6

UTTAM ENERGY LIMITED,PUNE vs. ACIT CIRCLE-12, PUNE

Appeal of the Assessee is partly allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2033/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 Uttam Energy Limited, The Acit, Circle-12, Mahendra Chamber, Mayfair V Pune. Co-Op Housing Society, S A-4, Dhole Patil Road, Pune – 411001. Pan: Aabcu4100H Appellant/ Revenue Respondent /Assessee Assessee By Shri Ch Naniwadekar & Kiran Sanmane – Ar;S Revenue By Shri Deepak Garg – Cit Date Of Hearing 16/05/2024 Date Of Pronouncement 30/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Has Been Filed By The Assessee Against The Final Assessment Order Of The Learned Acit, Circle-12, Pune Passed U/Sec. 143(3) R.W.S. 144C(13) Of The Of The Income Tax Act, 1961 (In Short "The Act") After Giving Effect To The Learned Drp’S Order Dated 24.09.2019. 1.1 The Assessee Has Raised The Following Grounds Of Appeal :

6-A, therefore, again undoes the binding effect of these two judgments on an application of the ‘per incuriam’ principle.”[Fibre Boards (P) Ltd. vs CIT, (2015) 10 SCC 333 at p. 355] 3.7 It is to humbly submit that, the same two-Judge Bench of Fibre Boards case, once again after a month decided the said issue in detail

NITIN DWARKADAS NYATI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

disallowance under section 14A of the Income Tax Act 1961 read with rule 8D of the Income Tax Rules, 1962 in respect of such investments may please be restricted to only such exempt income which has been earned from such investments. 6

REXEL INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

In the result, appeal of the assessee is partly allowed for statistical\npurposes

Section 43(6) of the IT Act 1961\nestablishes that the depreciation on goodwill as a result of amalgamation is\nnot allowable.\nResultantly, the claims made by the appellant in support of this ground do\nnot have any merit. Therefore, the addition made by assessing officer on\naccount of disallowance

HAVELI TALUKA VEEJ KAMGAR SAHAKARI PATHSANSTHA MARYADIT,PUNE vs. INCOME TAX OFFICER WARD 6 (1) PUNE, PMT BUILDING, SWARGATE

In the result, the appeal of the assessee is allowed

6. We have heard the submissions made by the ld. DR. We have also perused\nthe orders of the authorities below and the written submissions filed by the\nassessee. The assessee in appeal has assailed the order of Commissioner of\nIncome Tax (Appeals) in disallowing deduction u/s.80P(2) in respect of incomes\nearned by the assessee from the following activities

E-ALLY SECURITIES (INDIA) PVT. LTD.,RAIGAD vs. DCIT CIRCLE, PANVEL, PANVEL

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2018-19

section 14A read with Rule 8D and relying on certain decisions and distinguishing the decisions cited by the assessee, he made the disallowance of Rs.40,53,508/-. 3 6

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

disallowance made by the ld AO by relying on the CBDT Circular No.5/2012 without appreciating the fact that the said Circular came into effect from 1 August 2012 and hence expenses incurred upto 31 July 2012 amounting to Rs 76,12,222 should be allowed under section 37(1) of the Act; Interest under section 234C of the Act 6

RAJDEEP INDUSTRIAL PRODUCTS P LTD,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, BENGALURU

The appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripote

6. Aggrieved by the said addition, the assessee filed appeal before the ld.CIT(A)[NFAC]. The ld.CIT(A) upheld the disallowance treating the amendment made to section