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186 results for “disallowance”+ Section 9(1)(vii)clear

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Key Topics

Section 80P(2)(a)115Section 80P90Section 80P(2)(d)74Addition to Income70Deduction59Section 143(3)57Section 25046Disallowance43Section 143(2)32Section 14A

CMA CGM AGENCIES INDIA PRIVATE LIMITED,ELPHINSTONE ROAD-WEST, MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1), PUNE, PUNE

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

ITA 1454/PUN/2023[2013-14]Status: DisposedITAT Pune22 Aug 2024AY 2013-14

Bench: Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1454/Pun/2023 िनधा"रण वष" / Assessment Year : 2013-14 Cma Cgm Agencies India Vs. Dcit, Circle-1(1), Pune. Private Limited, One International Centre, Tower-3, 8Th Floor, Senapati Bapat Marg, Elphistone Road- West, Mumbai- 400013. Pan : Aadcc3951G Appellant Respondent Assessee By : Mahenov Thakkar Revenue By : Shri Nitin Patil Date Of Hearing : 24.07.2024 Date Of Pronouncement : 22.08.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 03.11.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “Disallowance Under Section 40(A)(Ia) Of The Act Amounting To Rs.4,86,77,518/- 1. Erred In Upholding The Action Of The Learned Assessing Officer (‘Ao’) & Holding That Payment Of It Services To Be In The Nature Of Royalty Under Section 9(1)(Vi) Of The Act/ Fees For Technical Services Under Section 9(1)(Vii) Of The Act;

For Appellant: Mahenov ThakkarFor Respondent: Shri Nitin Patil
Section 143(2)Section 143(3)Section 194JSection 195

Showing 1–20 of 186 · Page 1 of 10

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24
Section 26322
Natural Justice11
Section 271(1)(c)
Section 40
Section 9(1)(vi)
Section 9(1)(vii)

Disallowance under section 40(a)(ia) of the Act amounting to Rs.4,86,77,518/- 1. erred in upholding the action of the learned Assessing Officer (‘AO’) and holding that payment of IT services to be in the nature of royalty under section 9(1)(vi) of the Act/ fees for technical services under section 9(1)(vii

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

ITA 1883/PUN/2024[2019-20]Status: DisposedITAT Pune12 Jun 2025AY 2019-20

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

For Appellant: S/Shri Nikhil Mutha and Abhilash HiranFor Respondent: Shri Ramnath P Murkunde
Section 143(1)Section 2(91)Section 36(1)(va)

9. The written submission as filed by the Revenue ignores the fact that only one question has been referred to us for consideration. The issue referred to us is in respect of applicability of Section 143(1)(a) of the Act to disallow a claim for provision for bad debt by intimation i.e. without calling upon the assessee to explain

ACIT, CIRCLE-5, PUNE, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 1844/PUN/2024[2019]Status: DisposedITAT Pune22 Dec 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government Grants except relating to depreciable assets shall be recognized as income. Para 5.1 of the explanatory notes has explained that the existing provisions of explanation (10) of Section 43(1) of the Income Tax Act, already contains the guidance for treatment of the Government Grants relating to acquisition of assets. However there was no specific

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD.,PUNE vs. ACIT, CIRCLE-5, PUNE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 1423/PUN/2025[2019-20]Status: DisposedITAT Pune22 Dec 2025AY 2019-20

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government Grants except relating to depreciable assets shall be recognized as income. Para 5.1 of the explanatory notes has explained that the existing provisions of explanation (10) of Section 43(1) of the Income Tax Act, already contains the guidance for treatment of the Government Grants relating to acquisition of assets. However there was no specific

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 154/PUN/2025[2016-17]Status: DisposedITAT Pune22 Dec 2025AY 2016-17

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government Grants except relating to depreciable assets shall be recognized as income. Para 5.1 of the explanatory notes has explained that the existing provisions of explanation (10) of Section 43(1) of the Income Tax Act, already contains the guidance for treatment of the Government Grants relating to acquisition of assets. However there was no specific

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 156/PUN/2025[2018-19]Status: DisposedITAT Pune22 Dec 2025AY 2018-19

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government Grants except relating to depreciable assets shall be recognized as income. Para 5.1 of the explanatory notes has explained that the existing provisions of explanation (10) of Section 43(1) of the Income Tax Act, already contains the guidance for treatment of the Government Grants relating to acquisition of assets. However there was no specific

DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD., PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 114/PUN/2025[2020]Status: DisposedITAT Pune22 Dec 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government Grants except relating to depreciable assets shall be recognized as income. Para 5.1 of the explanatory notes has explained that the existing provisions of explanation (10) of Section 43(1) of the Income Tax Act, already contains the guidance for treatment of the Government Grants relating to acquisition of assets. However there was no specific

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

ITA 1256/PUN/2023[2018-19]Status: DisposedITAT Pune04 Dec 2025AY 2018-19
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 144C(5)Section 14ASection 250Section 80JSection 92C

vii) receipt of\ndesign engineering and testing services; (viii) insite pro\nregistration charges; (ix) user licence fees; (x) receipt of\nwarranty service; and (xi) receipt of training service,\nwith its AE. For the purpose of benchmarking, the\nassessee had aggregated all these transactions as\nrelated to its manufacturing activity and used TNMM as\nthe most appropriate method. The assessee worked

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

In the result, appeal of the assessee bearing ITA No

ITA 632/PUN/2022[2018-19]Status: DisposedITAT Pune04 Dec 2025AY 2018-19
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 144C(5)Section 14ASection 250Section 80JSection 92C

vii) receipt of\ndesign engineering and testing services; (viii) insite pro\nregistration charges; (ix) user licence fees; (x) receipt of\nwarranty service; and (xi) receipt of training service,\nwith its AE. For the purpose of benchmarking, the\nassessee had aggregated all these transactions as\nrelated to its manufacturing activity and used TNMM as\nthe most appropriate method. The assessee worked

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

ITA 157/PUN/2025[2020-21]Status: DisposedITAT Pune22 Dec 2025AY 2020-21
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government\nGrants except relating to depreciable assets shall be recognized as\nincome. Para 5.1 of the explanatory notes has explained that the\nexisting provisions of explanation (10) of Section 43(1) of the Income\nTax Act, already contains the guidance for treatment of the\nGovernment Grants relating to acquisition of assets. However there\nwas no specific

ACIT, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

ITA 1843/PUN/2024[2018]Status: DisposedITAT Pune22 Dec 2025
Section 2(24)(xviii)Section 43

VII provides that all Government\nGrants except relating to depreciable assets shall be recognized as\nincome. Para 5.1 of the explanatory notes has explained that the\nexisting provisions of explanation (10) of Section 43(1) of the Income\nTax Act, already contains the guidance for treatment of the\nGovernment Grants relating to acquisition of assets. However there\nwas no specific

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. ITO WARD 6(1), PUNE

In the result, ITA Nos.154 to 156/PUN/2025 filed by the\nassessee are partly allowed for statistical purposes, ITA\nNo

ITA 155/PUN/2025[2017-198]Status: DisposedITAT Pune22 Dec 2025AY 2017-198
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

VII provides that all Government\nGrants except relating to depreciable assets shall be recognized as\nincome. Para 5.1 of the explanatory notes has explained that the\nexisting provisions of explanation (10) of Section 43(1) of the Income\nTax Act, already contains the guidance for treatment of the\nGovernment Grants relating to acquisition of assets. However there\nwas no specific

CMA CGM AGENCIES (INDIA) PRIVATE LIMITED,ELPHINSTONE ROAD WEST, MUMBAI vs. INCOME TAX OFFICER, WARD - 1(2), PUNE, PUNE

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

ITA 1455/PUN/2023[2015-16]Status: DisposedITAT Pune01 Jul 2024AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1455 & 1456/Pun/2023 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18

For Appellant: Shri Vidur Munjal &
Section 143(3)Section 194JSection 28Section 40Section 9Section 9(1)(vii)

disallowing the payment of leased line /data link charges paid by the assessee for non deduction of tax at source by invoking the provisions of section 40(a)(ia) of the Act. This issue is no more res integra as the same is settled in favour of the assessee by the Hon’ble Supreme Court in the case

CMA CGM AGENCIES (INDIA) PRIVATE LIMITED,ELPHINSTONE ROAD WEST, MUMBAI vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1), PUNE, PUNE

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

ITA 1456/PUN/2023[2017-18]Status: DisposedITAT Pune01 Jul 2024AY 2017-18

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.1455 & 1456/Pun/2023 "नधा"रण वष" /Assessment Years : 2015-16 & 2017-18

For Appellant: Shri Vidur Munjal &
Section 143(3)Section 194JSection 28Section 40Section 9Section 9(1)(vii)

disallowing the payment of leased line /data link charges paid by the assessee for non deduction of tax at source by invoking the provisions of section 40(a)(ia) of the Act. This issue is no more res integra as the same is settled in favour of the assessee by the Hon’ble Supreme Court in the case

INCOME TAX OFFICER, PUNE vs. SAGAR CONSTRUCTION COMPANY, PUNE

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

ITA 1812/PUN/2025[2017-18]Status: DisposedITAT Pune08 Jan 2026AY 2017-18

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

For Appellant: Shri Suhas Bora and Riya OswalFor Respondent: Shri S. Sadananda Singh, JCIT
Section 142(1)Section 143(1)Section 147Section 148Section 269SSection 37Section 68

disallowed the same u/s 37 of the Act. Thus, the Assessing Officer computed the total income of the assessee at Rs.2,22,86,304/-. 6. Before the Ld. CIT(A) / NFAC the assessee submitted that the reasons for reopening were communited to the assessee after 11 months of issue of notice u/s 148 of the Act although the assessee

SHRI GANADHIPATI GANDHARACHARYA KUNTIUSAGAR VIDYA SODH SONSTHA,KOLHAPUR vs. ITO, EXEMPTION, PUNE, KOLHAPUR

ITA 2026/PUN/2025[2021-22]Status: DisposedITAT Pune09 Dec 2025AY 2021-22

Bench: Shri Manish Borad & Ms. Astha Chandra

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Bharat Andhale

Section 143(1) of the Act.” AYs 2018-19 to 2021-26 6. Dissatisfied, the assessee is in appeal before the Tribunal and all the grounds of appeal relate thereto. 7. The Ld. AR submitted that both the Ld. AO as well as Ld. Addl./JCIT(A) has erred in disallowing the assessee’s claim of exemption

SHRI GANADHIPATI GANDHARACHARYA KUNTIUSAGAR VIDYA SODH SONSTHA,KOLHAPUR vs. ITO, EXEMPTION, PUNE, KOLHAPUR

ITA 2024/PUN/2025[2019-20]Status: DisposedITAT Pune09 Dec 2025AY 2019-20

Bench: Shri Manish Borad & Ms. Astha Chandra

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Bharat Andhale

Section 143(1) of the Act.” AYs 2018-19 to 2021-26 6. Dissatisfied, the assessee is in appeal before the Tribunal and all the grounds of appeal relate thereto. 7. The Ld. AR submitted that both the Ld. AO as well as Ld. Addl./JCIT(A) has erred in disallowing the assessee’s claim of exemption

SHRI GANADHIPATI GANDHARACHARYA KUNTIUSAGAR VIDYA SODH SONSTHA,KOLHAPUR vs. ITO, EXEMPTION, PUNE, KOLHAPUR

ITA 2025/PUN/2025[2020-21]Status: DisposedITAT Pune09 Dec 2025AY 2020-21

Bench: Shri Manish Borad & Ms. Astha Chandra

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Bharat Andhale

Section 143(1) of the Act.” AYs 2018-19 to 2021-26 6. Dissatisfied, the assessee is in appeal before the Tribunal and all the grounds of appeal relate thereto. 7. The Ld. AR submitted that both the Ld. AO as well as Ld. Addl./JCIT(A) has erred in disallowing the assessee’s claim of exemption

SHRI GANADHIPATI GANDHARACHARYA KUNTIUSAGAR VIDYA SODH SONSTHA,PUNE vs. ITO, EXEMPTION, PUNE, PUNE

ITA 2023/PUN/2025[2018-19]Status: DisposedITAT Pune09 Dec 2025AY 2018-19

Bench: Shri Manish Borad & Ms. Astha Chandra

For Appellant: Shri Bhuvanesh KankaniFor Respondent: Shri Bharat Andhale

Section 143(1) of the Act.” AYs 2018-19 to 2021-26 6. Dissatisfied, the assessee is in appeal before the Tribunal and all the grounds of appeal relate thereto. 7. The Ld. AR submitted that both the Ld. AO as well as Ld. Addl./JCIT(A) has erred in disallowing the assessee’s claim of exemption

AGRA OBSTETRICAL AND GYNAECOLOGICAL SOCIETY,AGRA vs. PCIT, CENTRAL, PUNE

ITA 549/PUN/2023[2022-23]Status: DisposedITAT Pune26 Mar 2025AY 2022-23
Section 12A

disallowance u/s 37(1) of the Act, the pharmaceutical company i.e\nEmcure Pharmaceuticals Ltd. has routed the expense of providing of\nfreebies through the assessee trust as it enables the Emcure\nPharmaceuticals Ltd. to claim an otherwise inadmissible expense as\ndeduction. Such act of the assessee trust of carrying the activity of\nproviding freebies at the behest of the pharmaceutical