M/S PERSISTENT SYSTEMS LIMITED,PUNE vs. ASSESSMENT UNIT, INCOME-TAX DEPARTMENT, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.692/Pun/2022 िनधा"रणवष" / Assessment Year : 2018-19 M/S.Persistent Systems Assessment Unit, Income Limited, V Tax Department. “Bhageerath” 402, Senapati S Bapat Road, Pune – 411016. Pan: Aabcp 1209 Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Dhanesh Bafna& Shriaditya Vaidya– Ar’S Revenue By Shri Suhas Kulkarni - Irs Addl Commissioner Of Income Tax Date Of Hearing 26/09/2023 Date Of Pronouncement 02/11/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Assessment Order, Dated 20.07.2022 Under Section 143(3) R.W.S. 144C(13) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Order Is Invalid / Non Est  On The Facts & In The Circumstances Of The Case & In Law, The Assessment Unit (‘Au’) Has Erred In Passing The Draft Assessment M/S.Persistent Systems Limited [A]

disallowance of INR 4,50,70,798 under section 14A of the Act by directly applying formula given in Rule

DCIT, CIRCLE 8 PUNE, PUNE vs. ALFA LAVAL INDIA PVT LTD, PUNE

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

section 40(a)(i) and 40(a)(ia) under clause\n21(b) of Tax Audit Report and the same is reflected in return of income under\n\"Schedule BP: Computation of income from business or profession, Part A, Serial\nno.16\" on page no.86 ......”\n20.\nIt was submitted that the assessee company has claimed deduction in respect\nof amounts disallowed

WILDERNEST BETTER LIVING & MAINTENANCE CO-OPERATIVE SOCIETY LIMITED,PUNE vs. INCOME TAX OFFICER, WARD 6(1), PUNE, PUNE

In the result, the appeal of the assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.856/Pun/2025 िनधा"रण वष" / Assessment Year: 2020-21 Wildernest Better Living V The Income Tax Officer, Maintenance Co-Operative S Ward-6(1), Pune. Society Limited, Plot No.58, 59 & 60, Woldernest Society, Khadakwasla, Taluka Haveli, Pune – 411024. Maharashtra. Pan: Appellant/ Assessee Respondent / Revenue Assessee By Shri Arpit Dnyandeo Dambhare & Shri Deepak Sasar – Ca’S Revenue By Shri Madhan Thirmanpalli – Addl.Cit(Dr) Date Of Hearing 15/05/2025 Date Of Pronouncement 23/05/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Directed Against The Order Of Ld.Addl./Joint Commissioner Of Income Tax(Appeal), Panaji Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2021-22 Dated

disallowance of deduction claimed under 69[section 10AA or under any of the provisions of Chapter VI-A under the heading "C.—Deductions in respect of certain incomes", if] the return is furnished beyond the due date specified under sub-section (1) of section 139; or (vi) addition of income appearing in Form 26AS or Form 16A or Form

PRECISION CAMSHAFTS LTD.,SOLAPUR vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT (NFAC), SOLAPUR

In the result, appeal of the assessee is allowed

Bench: Ms. Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1962/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Precision Camshafts Ltd., V Assessment Unit, Income Tax E-102/103, Akkalkot Road, S Department (National Midc, Solapur – 413006. Faceless Assessment Center), Maharashtra. Jurisdiction Details : Pne- C(1), Range 63, Circle-1, Solapur. Pan: Aabcp1086B Appellant/ Assessee Respondent / Revenue Assessee By Shri Nikhil Pathak – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 17/06/2025 Date Of Pronouncement 10/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Assessment Unit, Income Tax Department Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961 For A.Y.2020-21 Dated 25.07.2024, Emanating From Order Of Dispute Resolution Panel U/S.144C(5) Of The Act For A.Y.2020-21

70,807/-. Assessee had suo-moto disallowed Rs.4,50,000/- u/s.14A of the Act, as per the calculation which is reproduced in para 4.3.1 of the order. The Assessing Officer in the assessment order noted that Assessee has made investment in Dividend Yielding Mutual Funds and shares of companies. The Assessing Officer relied on the amendment made by Finance

LIQUIDHUB ANALYTICS PVT. LTD. (NOW MERGED WITH CAPGEMINI TECHNOLOGY SERVICES INDIA LTD),PUNE vs. NFAC, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2020-21

disallowance of INR 27,38,849 under section 36(1)(va) of the Act and withdrawal of deduction claimed towards Health & Education Cess amounting to INR 24,70

DIMPLE ALNESH SOMJI,PUNE vs. ACIT, CENTRAL CIRCLE 1(3), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

disallowance of business expenditure of Rs.1,25,870/- is concerned, Learned Counsel for the Assessee, drew the attention of the Bench to pages-25 to 29 of the paper book with regard to the details of expenditure such as professional fees of Rs.30,000/; salary Rs.42,850/-; 8 ITA.No.973/PUN./2024 travelling and conveyance Rs.30,593/-; Bank charges Rs.944

PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

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

70 of the order of Hon'ble SB). Appellant's rebuttals The Appellant's rebuttals to observation no. 1 are as follows: a. As per Section 3 read with Section 4 of the Act, tax under the Act can be only levied on 'income'. While Section 115-0 of the Act is a notwithstanding section, it cannot create a charge

M/S. PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.868/Pun/2022 िनधा"रण वष" / Assessment Year: 2015-16 Piaggio Vehicles Private Ltd., V The Assistant Sky One Corporate Park, S Commissioner Of Income Ground Floor, Survey Tax, Circle-4, Pune. No.239/02, Near Pune Airport, Pune – 411032. Pan: Aabcp1225G Appellant/ Assessee Respondent / Revenue Assessee By Shri Siddhesh Chaugule – Ar Revenue By Shri Vidya Ratan - Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-13, Pune For Assessment Year 2015-16 Dated 06.10.2022 Passed Under Section 250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. Refund Of Excess Taxes Paid On Dividend Distributed On The Facts & Circumstances Of The Case & In Law, The Hon'Ble Cit(A) Has Erred In Not Granting The Benefit Of Article 11 Of The India-

disallowance of expenditure under section 14A of the Act. These 4 decisions, therefore, limited their observations to the applicability of section 14A of the Act on dividend income. Also, the G&B HC decision and the G&B SC decision have not laid down any principle contrary to those laid down by the Hon'ble SC in Tata Tea decision

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

disallowed\nthe claim of deduction u/s 35(2AB) amounting to Rs.13,81,70,841/- and\nadded the same to the total income of the assessee.\n\n15. The Assessing Officer accordingly, determined the total income of the\nassessee at Rs.142,10,63,651/- as against the returned income of\nRs.124,08,48,810/-.\n\n16. Before

VINAYAK HANUMANTRAO GHORPADE,PUNE vs. VAISHNAVI SATISH BANKAR, PUNE

In the result, appeal in ITA No

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.1438 & 1439/Pun/2024 निर्धारण वषा / Assessment Years: 2019-20 & 2020-21 Vinayak Hanumantrao V Vaishnavi Satish Bankar, Ghorpade, S. Pune. F.No.7, Plot No.60/61, S.No.165/1B, Shivanjali, Near Central Circle-1(3), Pune. Mahadev Temple, Indira Nagar, Pune – 411033. Pan: Afdpg6919A Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte Revenue By Shri Aviyogi Ambadkar –Addl.Cit Date Of Hearing 11/09/2025 Date Of Pronouncement 08/12/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Against The Common Order Of Ld.Commissioner Of Income Tax(Appeal), Pune-11 Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2019-20 & 2020-21, Both Dated 02.05.2024 Emanating From Separate Assessment Order U/S.153A R.W.S 144 Of The I.T.Act, Both Dated 23.09.2021.For The Sake Of Convenience, These Two Appeals

70,774/- being sales promotion and travelling expenses made by appellant without appreciating the facts of the case. Your appellant prays for deletion of entire addition. 4. On the facts and in the circumstances of the case and in law Ld. CIT has erred in making disallowance of Rs.11,84,777/- being GST paid by invoking the provisions of section

VINAYAK HANUMANTRAO GHORPADE,PUNE vs. INCOME TAX OFFICER, PUNE

In the result, appeal in ITA No

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita Nos.1438 & 1439/Pun/2024 निर्धारण वषा / Assessment Years: 2019-20 & 2020-21 Vinayak Hanumantrao V Vaishnavi Satish Bankar, Ghorpade, S. Pune. F.No.7, Plot No.60/61, S.No.165/1B, Shivanjali, Near Central Circle-1(3), Pune. Mahadev Temple, Indira Nagar, Pune – 411033. Pan: Afdpg6919A Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte Revenue By Shri Aviyogi Ambadkar –Addl.Cit Date Of Hearing 11/09/2025 Date Of Pronouncement 08/12/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Against The Common Order Of Ld.Commissioner Of Income Tax(Appeal), Pune-11 Passed Under Section 250 Of The Income Tax Act, 1961 For A.Y.2019-20 & 2020-21, Both Dated 02.05.2024 Emanating From Separate Assessment Order U/S.153A R.W.S 144 Of The I.T.Act, Both Dated 23.09.2021.For The Sake Of Convenience, These Two Appeals

70,774/- being sales promotion and travelling expenses made by appellant without appreciating the facts of the case. Your appellant prays for deletion of entire addition. 4. On the facts and in the circumstances of the case and in law Ld. CIT has erred in making disallowance of Rs.11,84,777/- being GST paid by invoking the provisions of section

VISHAL ASHOK CHUGERA,PUNE vs. DCIT, CENTAL CIRCLE-1(3), PUNE, PUNE

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

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

disallowance the deduction of Rs. 1,70,71,299/- u/s 57 of ITA, 1961 by holding that the such interest expenditure was not incurred wholly or exclusively for the purpose of earning interest income under the 2 head "Income from Other Sources," without appreciating that there is direct indirect nexus of utilization of interest bearing funds for lending to appellant

ASSTT. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE, PUNE, PUNE vs. THE SHETKARI SHIKSHAN MANDAL, PUNE

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

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

section 144B of the Act thereby making addition of Rs.15,38,40,655/- being the total amount of the application of income of Rs.6,68,20,391/- claimed by the assessee on account of repayment of loan being disallowed and amount of Rs.8,70

ARISTON GROUP INDIA PRIVATE LIMITED,PUNE vs. THE ASSESSEMENT UNIT, INCOME TAX DEPARTMENT, NFAC AND THE DCIT, CIRCLE 1(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri R.K.Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1680/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Ariston Group India Private The Assessment Unit, Limited, Income Tax Department, 1St Floor, Office No.103, V National Faceless Mayfai Tower, Wakdewadi, S. Assessment Centre, Shivaji Nagar, Pune-411005. Delhi(“Nfac”), The Dcit, Circle-1(1), Pune. Pan: Aaoca7042D Appellant/ Assessee Respondent / Revenue Assessee By Shri Ketan Ved – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 15/01/2025 Date Of Pronouncement 09/04/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961, Dated 18.06.2024 For A.Y.2020- 21. The Assessee Has Raised The Following Grounds Of Appeal : “Based On The Facts & Circumstances Of The Case, Ariston Group India Private Limited (Hereinafter Referred To As "Ariston India' Or 'The Appellant) Prefers An Appeal For The Assessment Year 2020-21 Against

disallowing the 'Payment of management service' under section 37(1) of the act disregarding the fact that the said expenses are incurred wholly and exclusively for the purposes of the business of the Appellant and hence the same is allowable under section 37(1) of the Act. 7 Initiation of Penalty Proceedings: 7.1 The Ld. AD pursuant to the direction

BHARAT AGARWAL NAGARI SAHAKARI PATSANSTHA MARYADIT,LONAVALA, PUNE vs. ASSESSING OFFICER, AKURDI, PUNE

In the result, both the appeals of the assessee for A

Bench: Dr. Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2181 & 2182/Pun/2024 धििाारण वषा / Assessment Year: 2018-2019 & 2020-2021 Shri Bharat Agarwal Assessing Officer, Nagari Patsanstha Akurdi, Pune Maryadit, Vasantdada Patil Vs. Sankul, Lonavala, Pune- 410401 Maharashtra Pan-Aaaal1845P अपीलार्थी / Appellant प्रत्यर्थी/Respondent Assessee By: Shri Pramod S. Shingte Department By: Shri Ramnath P. Murkunde Date Of Hearing: 29-01-2025 Date Of 10-02-2025 Pronouncement:

disallowances under section 80P(2)(d) is at a sum of Rs. 70,71,431/- and Rs. 11,54,341/- respectively

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

70,86,646/-\nii\nAdd: Disallowances u/s.14A r.w.s.8D\n47,55,629/-\niii\nAdd: Denial of claim of deduction u/s.\n35(2AB)\n13,10,97,715/-\niv\nAdd: Denial of claim of deduction on\naccount of Education Cess Paid\n5,28,66,834/-\n2\nTotal Assessed Income\n31,58,06,824/-\n756,25,79,114/-\n6.\n13.1 Computation of Book Profit

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

In the result, appeal of the assessee bearing ITA No

70,86,646/-\nii\nAdd: Disallowances u/s.14A r.w.s.8D\n47,55,629/-\n\nill\n\nAdd: Denial of claim of deduction u/s.\n35(2AB)\n13,10,97,715/-\n\niv\nAdd: Denial of claim of deduction on\naccount of Education Cess Paid\n5,28,66,834/-\n\n2\nTotal Assessed Income\n31,58,06,824/-\n756

TARA CONSTRUCTIONS ,PUNE vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-5, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamore

disallowed and added back to the income of the assessee. (Addition of Rs. 70,48,370/-).” 4(b). Ld. AO also invoked the provisions of section

GARWARE TECHNICAL FIBRES LIMITED,PUNE vs. DCIT, CC-1(3), PUNE

In the result, all the eight appeals filed by the assessee are partly allowed and the only appeal filed by the Revenue is dismissed

Bench: Shri Rama Kanta Panda & Ms. Astha Chandra

70,841/- was disallowed and added to the total income. 58. Before the Ld. CIT(A) it was submitted that the assessee has completed all the formalities for claiming the deduction u/s 35(2AB) and the deduction was disallowed by the assessing officer only because the Form 3CL was not issued by DSIR. The assessee also contended that