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

disallowance of Rs. 6,75,072/- by invoking provisions of section 36(1)(va) of IT Act, 1961, being ESIC

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 refers to expenditure on rent, taxes, salaries, interest, etc., in respect of which allowances are provided for." This observation clarifies that in case of composite and indivisible business having taxable and non-taxable income, expenditure like rent, taxes, salaries, interest etc are to be apportioned. Rule 8D(2)(iii) stipulates that 0.5% of average investment will be disallowed

NALCO WATER INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2, , PUNE

Appeal is allowed for statistical purposes

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm Assessment Year:2014-15

Section 92C(3) of the Act are satisfied for rejecting/ disregarding the transfer pricing study prepared by the Appellant. Corporate Taxation 2. Erroneous disallowance of depreciation of INR 1,75

SURIA STEELTECH PRIVATE LIMITED (PREVIOUSLY KNOWN AS TMS ENGINEERS PRIVATE LIMITED),PUNE vs. ASSESSING OFFICER, WARD-9(4), PUNE, PUNE

Appeal is dismissed in above terms

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

Disallowing the employees Contribution towards provident fund to tune of RS 71,73,633/- and Employees State Corporation of RS 49,75,899/- being paid after the Stipulated date as Mentioned in the respective act, Whereas paid before the due date of filling of return of income as per Section

SUDHAKAR BAJIRAO SHISODE,NASHIK vs. INCOME TAX OFFICER, NASHIK

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2780/Pun/2025 Assessment Year : 2018-19

Disallowance of deduction under section 80C of ₹1,50,000; (b) Addition of ₹12,27,400 treating the purchase of a motor car as unexplained expenditure under section 69C. 3. During the relevant previous year, the appellant made genuine eligible investments under section 80C such as Life Insurance premium. The motor car purchased for ₹14,75

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.

disallowance under section 14A. In this case, the Bombay High Court even while remanding the case back to Tribunal for adjudicating afresh observed (relying on its own previous judgment in same assessee's case for a different Assessment Year) that, if assessee possesses sufficient interest free funds as against investment in tax-free securities then, there is a presumption that

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.

disallowance under section 14A. In this case, the Bombay High Court even while remanding the case back to Tribunal for adjudicating afresh observed (relying on its own previous judgment in same assessee's case for a different Assessment Year) that, if assessee possesses sufficient interest free funds as against investment in tax-free securities then, there is a presumption that

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.

disallowance under section 14A. In this case, the Bombay High Court even while remanding the case back to Tribunal for adjudicating afresh observed (relying on its own previous judgment in same assessee's case for a different Assessment Year) that, if assessee possesses sufficient interest free funds as against investment in tax-free securities then, there is a presumption that

MACHINDRA EKNATH MITTHE,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CPC, , BANGALORE

In the result, the appeal is allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.504/Pun/2021 िनधा"रणवष" / Assessment Year : 2018-19 Machindra Eknath Mitthe, The Acit, Cpc, Bangalore 198, Shraddha Residency, Vs Prasad Netra Hospital, Samarth Nagar, Aurangabad – 431001. Pan: Aofpm 9122 A Appellant/ Assessee Respondent /Revenue Assessee By Shri Deepa Khare – Ar Revenue By Shri S P Walimbe – Dr Date Of Hearing 27/06/2022 Date Of Pronouncement 28/06/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre(Nfac), Delhi Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Also Called As ‘The Act’) In Relation To The Assessment Year 2018-19 Dated 28.09.2021. 2. The Only Issue Raised In This Appeal Is Against The Confirmation Of Disallowance Of Rs.38,75,425/- Made By The Assessing Officer (Ao) Under Section 36(1)(Va) Of The Act On Account Of Late Deposit Of The Employees’ Share Of Epf & Esi Etc.

section 250 of the Income-tax Act, 1961 (hereinafter also called as ‘the Act’) in relation to the Assessment Year 2018-19 dated 28.09.2021. 2. The only issue raised in this appeal is against the confirmation of disallowance of Rs.38,75

KIMBERLY CLARK LEVER P.LTD.,PUNE vs. ACIT, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2481/Pun/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 To 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant Pan : Aaack4647E बनाम / V/S. Acit, Circle-Xi(I), ……""यथ" / Respondent Pune. Assessee By : Shri Percy Pardiwalla Revenue By : Shri Sandeep Garg सुनवाई क" तारीख / Date Of Hearing : 08.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 22.02.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (‘The Act’ For Short) Of The Asstt. Commissioner Of Income Tax, Circle-11(1), Pune (‘The Assessing Officer’ For Short) Dated 29.10.2012 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Appellant Objects To The Order Dated 29 October 2012 Passed Under Section 143(3) R.W.S. 144(C) Of The Income-Tax Act, 1961 (‘The Act’) By The Assistant Commissioner Of Income Tax, Circle 11(1), Pune [‘Acit’ Or ‘Ao’] Following The Directions Issued By The Dispute Resolution Panel (‘Drp’) In Respect Of The Aforesaid Assessment Year On The Following Among Other Grounds:

75. As an analogy, and for no other purpose, in the context of a domestic transaction involving two or more related parties, reference may be made to Section 40 A (2) (a) under which certain types of expenditure incurred by way of payment to related parties is not deductible where the AO "is of the opinion that such expenditure

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

disallowance of expenditure under Section 14A of the Act. These 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

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-

disallows certain expenditure incurred to earn exempt income from being deducted from other income which is includible in the “total income” for the purpose of chargeability to tax.” The views expressed in Walfort Share and Stock Brokers P. Ltd. (supra), in our considered opinion, yet again militate against the plea urged on behalf of the Assessee. 34. For the aforesaid

BAJAJ FINANCE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-3, PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2019-20 Bajaj Finance Limited Pcit-3, Pune 3Rd Floor, Panchshil Tech Park, Vs. Viman Nagar, Pune – 411014 Pan: Aabcb1518L (Appellant) (Respondent) Assessee By : Shri Percy Pardiwalla Department By : Shri Amol Khairnar, Cit-Dr Date Of Hearing : 06-01-2026 Date Of Pronouncement : 29-01-2026

75,400/- iv) Addition on account of Fee for Technical service Rs.24,30,603/- v) Addition on account of Fee for Technical service Rs.58,788/- vi) Addition on the basis of Form No.15CA Rs.4,35,12,640/- 3 4. Subsequently the Ld. PCIT examined the record and upon verification found that certain issues on which prima facie disallowance should have

ADIENT INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

Appeals are partly allowed for statistical purposes in above terms

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

75% and allowed 35% as reasonable. The appellant and department contested the issue before the ITAT. Similar issue also arose n A.Y. 2008-09 and these expenditure has been disallowed by the Dispute Resolution Panel (DRP). In A.Y. 2008-09 the expenditure were disallowed as the assessee could not submit cogent evidences except policy documents and E-mails. During

ADIENT INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -7,, PUNE

Appeals are partly allowed for statistical purposes in above terms

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

75% and allowed 35% as reasonable. The appellant and department contested the issue before the ITAT. Similar issue also arose n A.Y. 2008-09 and these expenditure has been disallowed by the Dispute Resolution Panel (DRP). In A.Y. 2008-09 the expenditure were disallowed as the assessee could not submit cogent evidences except policy documents and E-mails. During

ADIENT INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

Appeals are partly allowed for statistical purposes in above terms

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

75% and allowed 35% as reasonable. The appellant and department contested the issue before the ITAT. Similar issue also arose n A.Y. 2008-09 and these expenditure has been disallowed by the Dispute Resolution Panel (DRP). In A.Y. 2008-09 the expenditure were disallowed as the assessee could not submit cogent evidences except policy documents and E-mails. During

DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE, PUNE vs. BANK OF MAHARASHTRA, PUNE

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

section 251(1)(a) of the Act and send the matter back to AO for verification on the issue of disallowance of write back of provision for restructured advance amounting to Rs.260,75

THE PIMPALGAON MERCHANTS CO.OP. BANK LTD.,,NASHIK vs. ACIT CIRCLE-1, NASHIK

In the result, appeal of the Assessee is partly allowed

75,17,991/-, which comes to ₹2,87,590/-.\nLd.AO made total disallowance u/s.14A of the Act of\n*31,33,380/-. We further observe that assessee failed to get\nany relief from Ld. CIT(A).\n6. Before us, the assessee has referred the judgment of\nHon'ble Apex Court in the case of Reliance Industries Ltd.\n(supra