DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE vs. M/S. IGATE COMPUTER SYSTEM LTD.,, PUNE

In the result, the appeal of assessee is partly allowed and appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.74/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 Capgemini Technology Services India Ltd., (In The Matter Of Erstwhile Igate Computer Systems Ltd. Formerly Known As Patni Computer Systems Ltd. & Since Amalgamated With Igate Global Solutions Ltd. & Now Name Changed To Capgemini Technology Services India Ltd.) Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-Iii, Midc-Sez, Village Man, Taluka Mulshi, अऩीऱाथी/Appellant Hinjewadi, Pune – 411057 …. Pan:Aabcp6219N Vs. The Dy. Commissioner Of Income Tax …. प्रत्यथी / Respondent Circle 11, Pune आयकर अपीऱ सं. / Ita No.299/Pun/2016 यििाारण वषा / Assessment Year : 2011-12

89 and the Tribunal in final analysis has held as under:- “90. In conclusion, we hold that purchase of software by the assessee being copyrighted article is not covered by the term „royalty‟ under section 9(1)(vi) of the Act. Where the assessee did not acquire any copyright in the software, is not covered under Explanation 2 to section

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD., (FORMERLY IGATE GLOBAL SOLUTIONS LTD.,),PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the appeal of assessee is partly allowed and appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita No.74/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 Capgemini Technology Services India Ltd., (In The Matter Of Erstwhile Igate Computer Systems Ltd. Formerly Known As Patni Computer Systems Ltd. & Since Amalgamated With Igate Global Solutions Ltd. & Now Name Changed To Capgemini Technology Services India Ltd.) Plot No.14, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-Iii, Midc-Sez, Village Man, Taluka Mulshi, अऩीऱाथी/Appellant Hinjewadi, Pune – 411057 …. Pan:Aabcp6219N Vs. The Dy. Commissioner Of Income Tax …. प्रत्यथी / Respondent Circle 11, Pune आयकर अपीऱ सं. / Ita No.299/Pun/2016 यििाारण वषा / Assessment Year : 2011-12

89 and the Tribunal in final analysis has held as under:- “90. In conclusion, we hold that purchase of software by the assessee being copyrighted article is not covered by the term „royalty‟ under section 9(1)(vi) of the Act. Where the assessee did not acquire any copyright in the software, is not covered under Explanation 2 to section

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

PUNE ZILHA MADHYAWATI SAKAKAK PUNE,PUNE vs. ITO, WARD 6(3), PUNE

In the result, appeal of the assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.322/Pun/2025 िनधा"रण वष" / Assessment Year: 2019-20 Pune Zilla Madhyawati V The Income Tax Officer, Sakakak, S Ward-6(3), Pune. 92 Ranjan Co-Op Society, Shukrawar Peth, Shukrawar Peth S.O., Pune – 411002. Maharashtra. Pan: Aaatp6962E Appellant/ Assessee Respondent / Revenue

disallowance of deduction claimed under sections 10AA, 80-IA, 80- IAB, 80-IB, 80-IC, 80-ID or section 80-IE, 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 16 which has not been included in computing

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

FCA INDIA AUTOMOBILES PRIVATE LIMITED (SURVIVING ENTITY AFTER THE MERGER OF PCA MOTORS PVT LTD),PUNE vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE

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

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

89,611 Interest on advance 32,96,544 10,09,421 43,05,965 given to expats Total 61,97,065 1,15,98,511 1,77,95,576 4. The above disallowances are reflected in line-item no.23 in Schedule BP under the heading "Any other item or items of addition under section

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.

89,405/- but restricted the disallowance to the actual expenditure of Rs.26,31,67,414/-. Similarly, the Assessing Officer also disallowed the service tax of Rs.49,93,213/- which remain, unpaid before due date of filing of return of income by invoking the provisions of section

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.

89,405/- but restricted the disallowance to the actual expenditure of Rs.26,31,67,414/-. Similarly, the Assessing Officer also disallowed the service tax of Rs.49,93,213/- which remain, unpaid before due date of filing of return of income by invoking the provisions of section

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.

89,405/- but restricted the disallowance to the actual expenditure of Rs.26,31,67,414/-. Similarly, the Assessing Officer also disallowed the service tax of Rs.49,93,213/- which remain, unpaid before due date of filing of return of income by invoking the provisions of section

KARMAYOGI SR PARICHARAK MULTISTATE COOPERTIVE CREDIT SOCIETY LIMITED,PANDHARPUR vs. ITO WARD 2, PANDHARPUR

In the result Appeal of the assessee is allowed

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamore

disallowance of deduction claimed under 83[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 3 ITA No.2476/PUN/2024[A] (vi) addition of income appearing in Form 26AS or Form

BHARAT FORGE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, the appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.13/Pun/2017 यििाारण वषा / Assessment Year : 2011-12

disallowance of weighted deduction of expenditure incurred on in-house research & development activities under section 35(2AB) of the Act to the extent of ₹ 18,42,000/-. 11. Brief facts relating to the issue are that the assessee had claimed weighted deduction of ₹ 15,04,89

DCIT, SWARGATE PUNE vs. GRIHUM HOUSING FINANCE LIMITED, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

disallowed by way of an intimation under section 143(1)(a) of the Act. He submitted that following the same analogy whether 7 CO No.39/PUN/2024 indirect items can be considered as part of the gross turnover is a highly debatable issue and therefore, the CPC has no power to make any such prima facie adjustment. The Ld. Counsel

M/S. AGH BATWAWALA,,KOLHAPUR vs. INCOME-TAX OFFICER,,

In the result, appeal of the assessee is partly allowed in the terms aforesaid

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 368/Pun/2014 "नधा"रण वष" / Assessment Year : 2010-11

89,436/- No tax at source was deducted on the interest payment as Form-15G was received from the said persons. The Assessing Officer made addition of the aforesaid amount merely on the ground that there was delay in furnishing copy of Form-15G to the office of Commissioner of Income Tax-I, Kolhapur. The ld. AR pointed that

PRAJ INDUSTRIES LIMITED,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

In the result, the appeal of assessee is allowed

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

section 14A r.w. Rule 8D were applicable proceeded to compute the disallowance which according to him worked out to Rs.82,62,396/- reducing there from suo- moto disallowance of Rs.51,41,522/-, he made disallowance of Rs.33,20,874/- u/s 14A of the Act. Thus, the Ld. AO completed the assessment

ATUL SHASHIKANT GARBHE ,AURANGABAD vs. INCOME TAX OFFICER, WARD 1(1), AURANGABAD , AURANGABAD

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

Section 89 is disallowed as claimed in ITR. Penalty proceedings under Section 270A of the IT Act are being initiated

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

disallowance made on account of profits on sale/redemption of investments. The relevant facts are that as a part of General Insurance business, the assessee is mandated by the Insurance Act, 1951 and IRDA to make investments in specified securities. During the A.Y. 2007-08, the assessee has earned profits on sale/redemption of investments

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

disallowance made on account of profits on sale/redemption of investments. The relevant facts are that as a part of General Insurance business, the assessee is mandated by the Insurance Act, 1951 and IRDA to make investments in specified securities. During the A.Y. 2007-08, the assessee has earned profits on sale/redemption of investments

PRASHANT VINAYAK ADHAV,RAJENDRA NAGAR PUNE vs. WARD 12 (1) PUNE, BODHI TOWERS PUNE

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

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.605/Pun/2024 "नधा"रण वष" Assessment Year : 2017-18

disallowance of deduction claimed under 98[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

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

In the result, both the appeals of the Revenue are dismissed

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.549 & 550/Pun/2016 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2011-12 & 2012-13 वष"

section 32(1)(iia) of the Act. Ld. Counsel contends that the generation of Electricity falls under the ambit of production of any article or thing. For this proposition, he relied on the following decisions : 1. CTR Manufacturing Industries Ltd. Vs. DCIT – 2. Giriraj Enterprises Vs. DCIT 163 ITD 1 (Pune Trib.) (TM) 14.4 We heard both the sides