SHREE GARUDA PLANT PRODUCTS LTD,,NASHIK vs. INCOME-TAX OFFICER, WARD - 1 (2),, NASHIK

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.492/Pun/2019 िनधा"रण वष" / Assessment Year : 2015-16 Shree Garuda Plant Products The Income Tax Officer, Ltd., Vs Ward-1(2), Nashik. B-26, Additional Midc Area, Ambad, Nashik. Pan: Aaacg 0563 H Appellant/ Assessee Respondent / Revenue Assessee By Shri Nishint Gandhi – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 20/07/2022 Date Of Pronouncement 14/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1, Nashik For The Assessment Year 2015-16, Dated 19.02.2019, Emanating Out Of Order Under Section 143(3) Of The Income Tax Act, 1961 Dated 26.12.2017. The Assessee Has Raised The Following Grounds Of Appeal: “1.In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) - 1, Nashik ["The Cit (A)" For Short] Erred In Confirming The Order Of The Learned Income Tax Officer - 1 (2), Nashik, ["The Ao" For Short] Which Was Passed In Violation Of Principles Of Natural Justice Without Affording A Proper Opportunity Of Being Heard To The Appellant. 2. In The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming The Action Of The Ao In Invoking Section 14A R.W.R. 8D Of The Act, Whereby A Disallowance Of Rs.12,81,831/- Was Made In The Hands Of The Appellant.

House Property. In the facts and circumstances of the case and in law, the Ld. AO erred in making an addition of Rs.6,86,813/- to the rent income of Rs.10,18,051/- offered by the Appellant and treating the same as taxable income of the Appellant without appreciating the fact that certain amount of rent was unrealized and therefore

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

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"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

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"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

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

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"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

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"

house R&D facility y/s.35(2AB) , i.e. before 03-08-2010. b. in not allowing the weighted deduction on expenditure incurred for clinical trials amounting to Rs.5,45,49,486/-. 6. in confirming the disallowance of ‘demat charges’ amounting to Rs.4,28,524/- made by the Assessing Officer. 7. in upholding the disallowance of purchases of Rs.61,172/- by treating

M/S. KOLTE PATIL DEVELOPERS LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of the assessee is allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

house property is justified, the assessee submits that the deduction u/s 24 and municipal taxes may be allowed to the assessee while computing the annual value of the various units.” 3. Before us, at the outset, Ld.A.R. submitted that ground Nos.1 to 7 are inter-connected and are with respect to disallowance u/s 14A of the Act and ground Nos.8

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.

section 43B of the Act. The Assessing Officer also brought to tax notional annual value of flats unsold of Rs.1,05,000/- under the head “Income from house property”. 7. Being aggrieved by the order of assessment, an appeal was preferred before the ld. CIT(A), who vide impugned order allowed the issue relating to the disallowance of interest

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.

section 43B of the Act. The Assessing Officer also brought to tax notional annual value of flats unsold of Rs.1,05,000/- under the head “Income from house property”. 7. Being aggrieved by the order of assessment, an appeal was preferred before the ld. CIT(A), who vide impugned order allowed the issue relating to the disallowance of interest

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.

section 43B of the Act. The Assessing Officer also brought to tax notional annual value of flats unsold of Rs.1,05,000/- under the head “Income from house property”. 7. Being aggrieved by the order of assessment, an appeal was preferred before the ld. CIT(A), who vide impugned order allowed the issue relating to the disallowance of interest

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

section 14A of the Act. It is also his submission that the disallowance, if any, u/s 14A read with Rule 8D should be applicable only to such expenditure which may have any nexus with earning exempt income and not extend the disallowance to expenses having direct relation to earning taxable income. 11. We find some force in the above arguments

ALNESH MOHAMADAKIL SOMJI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

house property. 5. The Assessing Officer further noted that in the revised computation of income the assessee has shown income from other sources at Rs.4,95,77,687/- which includes the income of Rs.3,44,55,942/- received from various firms in which the assessee has made investments as loan. He noted that the assessee has also shown receipt

MAGARPATTA TOWNSHIP DEVELOPMENT & CONSTRUCTION CO. LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

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

Bench: Shri Inturi Rama Rao, Am & Shri S. S. Viswanethra Ravi, Jm आयकर अपील सं. / Ita No.2945/Pun/2017 िनधा"रण वष" / Assessment Year : 2013-14 Magarpatta Township Development & Construction Co. Ltd., 13, Megaspace, Sholapur Bazar Road, Off East Street, Camp, Pune-411001. .......अपीलाथ" / Appellant Pan : Aabcm2461K बनाम / V/S. Dcit, Circle-14, ……""यथ" / Respondent Pune. Assessee By : Shri Sakharam Sable Revenue By : Shri S. P. Walimbe सुनवाई क" तारीख / Date Of Hearing : 04.03.2021 घोषणा क" तारीख / Date Of Pronouncement : 05.03.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 9, Pune (‘Cit(A)’ For Short) Dated 30.10.2017 For The Assessment Year 2013-14. 2. The Appellant Raised The Following Grounds Of Appeal :- “A) The Learned Assessing Officer Has Erred In Making An Addition Of Rs.3,86,352/- On Account Of Disallowance U/S 14A Read With Rule- 8(D), While The Appellant Company Has Not Received Any Sum By Way Of Exempt Income. Further, The Appellant Company Has Not Made Any Additional Investments Generating Exempt Income During The Year. The Company Has Not Utilized Any Borrowed Funds For Investments. On The Similar Facts, The Learned Commissioner Of Income Tax (Appeals) Has Deleted The Disallowance For A.Y. 2009-10 & 2011-12. The Same Has Been Upheld By Itat (Pune Bench) For A.Y. 2009-10. Therefore, In The Light Of Various Judicial Decisions, This Disallowance Being Unwarranted Needs Cancellation. B) The Appellant Craves Leave To Add, Modify, Expand The Ground(S) Of Appeal & Lay/Produce The Evidence(S) At The Time Of Hearing.”

house property’ as against the claim of the assessee that it should be assessed under the head ‘income from business’ and made addition of Rs.3,86,352/- u/s 14A of the Act. 4. Being aggrieved by the above assessment order, an appeal was preferred before the ld. CIT(A), who vide his impugned order held the issue of assessment

M/S SUKHWANI PROMOTORS AND BUILDERS,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME-TAX, (CENTRAL),, PUNE

In the result, appeal of the Assessee is Partly Allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.301/Pun/2022 िनधा"रण वष" / Assessment Year : 2017-18 M/S.Sukhwani Promoters & The Principal Builders, Vs Commissioner Of Income 208/2A, Near Swaminathan Tax, (Central), Pune. Clinic, Station Road, Pimpri, Pune – 411018. Pan: Abrfs 1253 P Assessee/ Appellant Respondent /Revenue Assessee By Shri Jitendra Jain – Ar Revenue By Shri Sardar Singh Meena – Dr Date Of Hearing 16/05/2023 Date Of Pronouncement 27/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central), Pune Dated 24.03.2022 Under Section 263 Of The Act For A.Y.2017-18. The Grounds Of Appeal Raised By The Assessee Are As Under : “1 & 2. Pcit Erred In Passing The Order U/S 263 Of The Act Which Is Bad In Law, Illegal, Ultra-Virus, In Excess Of And/Or In Want Of Jurisdiction & Otherwise Void. M/S.Sukhwani Promoters & Builders [A]

house property' after one/two years from the end of the financial year in which the certificate of completion of construction of the property is obtained on and from the A.Y. 2018- 19. Instantly, we are concerned with the assessment year 2013-14. As such, the amendment cannot apply to the year under consideration. In the absence of the applicability

M/S. ANGELICA PROPERTIES PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER INCOME-TAX,,

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

House Property'. 8. The Ld. CIT(A)) has erred in law and in facts in holding that the assessee is not eligible to claim deduction of maintenance expenses of Rs.50,39,563/- against the maintenance charges received from the tenants. 9. The Ld. CIT(A)) has erred in law and in facts in confirming the disallowance u/s. 14A

VASCON ENGINEERS LTD (SUCCESSOR TO ANGELICA PROPERTIES PVT. LTD.),PUNE vs. ADDITIONAL COMMISSIONER OF INCOME-TAX,, PUNE

The appeals of the assessee are partly allowed

Bench: Shri S.S.Viswanethra Ravi, Hon’Ble Jm & Dr. Dipak P. Ripote, Hon’Ble Am आयकरअपीलसं. / Ita No: 403/Pun/2015 िनधा"रणवष" / Assessment Year : 2010-11 Vason Engineers Ltd., Theadditional Commissioner Of (Formerly Angelica Properties Pvt. Vs Income Tax, Range1, Pune. Ltd.,) 301, Phoenix, Opp.Residency Club, Bund Garden Road, Pune – 411037. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue आयकरअपीलसं. / Ita No: 1738/Pun/2016 िनधा"रणवष" / Assessment Year : 2011-12 Angelica Properties Pvt. Ltd., The Deputy Commissioner Of Opp. Grand Hyatt Hotel, Vs Income Tax, Circle-1(1), Pune. Vimannagar, Puune – 411 014. Pan: Aafca 8644 J Appellant/ Assessee Respondent /Revenue Assessee By Shri Dharmesh Shah – Ar Revenue By Shri Naveen Gupta – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 22/09/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Of Ld.Commissioner Of Income Tax(Appeals)-1, Pune Dated 30.01.2015 & 09.06.2016 For The Assessment Years 2010-11 & 2011-12 Respectively. 2. The Assessee In Ita No.403/Pun/2015 For The A.Y.2010-11 Has Raised Following Grounds Of Appeal: “1. The Ld. Cit(A) Has Erred In Law & In Facts Enhancing The Income From Sale Of ‘Matrix It Building’ By Changing The Head Of Income From Capital Gains To Business Income Without Complying With The Principles Of Natural Justice & Without Giving Any Opportunity Of Hearing.

House Property'. 8. The Ld. CIT(A)) has erred in law and in facts in holding that the assessee is not eligible to claim deduction of maintenance expenses of Rs.50,39,563/- against the maintenance charges received from the tenants. 9. The Ld. CIT(A)) has erred in law and in facts in confirming the disallowance u/s. 14A

KUMAR PROPERTIES AND REAL ESTATE PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.684/Pun/2018 िनधा"रण वष" / Assessment Year: 2014-15 Kumar Properties & Real Vs. Dcit, Circle-14, Pune. Estate Pvt. Ltd., 1St Floor, Kumar Capital, East Street, Camp, Pune-411001. Pan : Aaack7490H Appellant Respondent Assessee By : Shri Rajan R. Vora & Shri Rajendra Agiwal Revenue By : Shri Abhinay S. Kumbhar Date Of Hearing : 19.07.2022 Date Of Pronouncement : 25.08.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 7, Pune [‘The Cit(A)’] Dated 23.02.2018 For The Assessment Year 2014-15. 2. Briefly, The Facts Of The Case Are That The Appellant Is A Company Incorporated Under The Provisions Of The Companies Act, 1956. It Is Engaged In The Business Of Promoter & Developer Of The Housing Project. The Return Of Income For The Assessment Year

housing project. The return of income for the assessment year 2 2014-15 was filed on 05.11.2014 declaring total income of Rs.38,91,11,289/-. Against the said return of income, the assessment was completed by the Dy. Commissioner of Income Tax, Circle-14, Pune (‘the Assessing Officer’) vide order dated 26.12.2016 passed u/s 143(3) of the Income

SANDEEP OMPRAKASH KOYATE,,AHMEDNAGAR vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is partly allowed

Bench: Ms. Sushma Chowla, Jm आयकर अपीऱ सं. / Ita No.1536/Pun/2016 यििाारण वषा / Assessment Year : 2012-13

property claimed at ₹ 1,50,000/- on account of interest paid on housing loan. The issue in ground of appeal No.4 is against the disallowance made under section 14A

ATUL JAIPRAKASH GOEL,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 2,, PUNE

In the result, the appeal is partly allowed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviआयकर अपील सं. / Ita No.474/Pun/2018 "नधा"रण वष" / Assessment Year : 2010-11

house property’. This ground is, therefore, allowed. 6. The only other ground which survives for consideration is the confirmation of disallowance of Rs.2,01,816/- made by the AO u/.s.14A of the Act. 7. The facts of this ground are that the assessee was in receipt of certain exempt income. No disallowance u/s.14A of the Act was offered. On being

EATON TECHNOLOGIES PRIVATE LIMITED,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

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

house property 9. Reduction in profit due to ICDS 10. International transaction(s) 11. Loss from currency fluctuations 03. The assessment was completed u/s 143(3) r.w.s. 144C(13) r.w.s 144B of the Income Tax Act, 1961 on 26/02/2022 determining total income of Rs.455,25,53,250/- (Rs.722,11,90,423/- as per computation sheet). 04. On subsequent review