RAJDEEP BUILDCON PRIVAT LIMITED, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

section 147 i.e. reassessment, to the extent that these proceedings are for the benefit of revenue and not that of the assessee. Therefore, assessee could not be permitted to convert such reassessment proceedings as his appeal or revision in disguise and seek relief in respect of depreciation earlier not claimed in original return of income. 17. Thus

RAJDEEP BUILDCON PVT LTD, AHMEDNAGAR,AHMEDNAGAR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), PUNE, PUNE

In the result, the appeal filed by the assessee in ITA

Bench: SHRI R. K. PANDA (Vice President), SHRI VINAY BHAMORE (Judicial Member)

section 147 i.e. reassessment, to the extent that these proceedings are for the benefit of revenue and not that of the assessee. Therefore, assessee could not be permitted to convert such reassessment proceedings as his appeal or revision in disguise and seek relief in respect of depreciation earlier not claimed in original return of income. 17. Thus

ORBIT ELECTRICALS PVT. LTD.,,PUNE vs. JOINT COMMISSIONER OF INCOME-TAX (OSD),,

In the result, the appeal of assessee is allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

u/s. 14A r.w. Rule 8D without recording satisfaction. Before we proceed to decide the issue, it would be relevant to refer to the provisions of section 14A. The same are reproduce here-in-below : “14A. Expenditure incurred in relation to income not includible in total income.— (1) For the purposes of computing the total income under this Chapter, no deduction

KENERSYS INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

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

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

147 of the Act, the assessee filed appeal before the Commissioner of Income Tax (Appeals) challenging reopening of assessment as well as, assailing addition u/s. 14A r.w. Rule 8D on merits. The First Appellate Authority dismissed the appeal of assessee in toto and upheld the validity of reassessment proceedings and addition on merits. Hence, the present appeal by the assessee

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward. 2.2 Thereafter

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward. 2.2 Thereafter

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward. 2.2 Thereafter

MAHARASHTRA STATE WAREHOUSING CORPORATION,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

In the result, all the appeals of assessee are allowed

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

14A r.w. Rule 8D. The Assessing Officer while giving effect to the order of Tribunal recomputed the total income, as a result there was net business loss of Rs.13,00,25,239/-. The Assessing Officer vide order dated 14-12-2009 passed u/s. 143(3) r.w.s. 254 held that the business loss is allowed to be carried forward. 2.2 Thereafter

AADHUNIK INFRASTRUCTURE DEVELOPMENT PRIVATE LIMITED,JALGAON vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JALGAON

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2012-13

14A of the Act, Rs.50,935/- on account of Miscellaneous expenses and Rs.25,467/- on account of Legal and licence fees. Subsequently, on the basis of information obtained from the Investigation Wing, Kolkata, the Assessing Officer reopened the assessment by recording the following reasons: “Reasons for the reopening of the assessment in case of Gauri Plasticulture Pvt. Ltd. (Now Aadhunik

CYZA CHEM PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (1),, PUNE

In the result, the appeal of the assessee is partly allowed

147 r.w.s. 143(3) of the Act and assessed the total income of Rs.34,06,058/- after making certain additions i.e. (i) disallowance of expenditure of Rs.1,07,993/- u/s 14A of the Act and (ii) another disallowance of brought forward business losses of Rs.10,24,521/-. The CIT(A) upheld the action of the Assessing Officer and dismissed

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14A are applicable in this case. According to him, the provisions of section 36(1)(xii) are also not applicable to the assessee as the same are applicable in the case of Corporation or Body Corporate. He further noted that section 43B allows for deduction any such sum payable by the assessee as interest on any loan or borrowing from

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14A are applicable in this case. According to him, the provisions of section 36(1)(xii) are also not applicable to the assessee as the same are applicable in the case of Corporation or Body Corporate. He further noted that section 43B allows for deduction any such sum payable by the assessee as interest on any loan or borrowing from

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14A are applicable in this case. According to him, the provisions of section 36(1)(xii) are also not applicable to the assessee as the same are applicable in the case of Corporation or Body Corporate. He further noted that section 43B allows for deduction any such sum payable by the assessee as interest on any loan or borrowing from

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14A are applicable in this case. According to him, the provisions of section 36(1)(xii) are also not applicable to the assessee as the same are applicable in the case of Corporation or Body Corporate. He further noted that section 43B allows for deduction any such sum payable by the assessee as interest on any loan or borrowing from

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14A are applicable in this case. According to him, the provisions of section 36(1)(xii) are also not applicable to the assessee as the same are applicable in the case of Corporation or Body Corporate. He further noted that section 43B allows for deduction any such sum payable by the assessee as interest on any loan or borrowing from

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

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

14A are applicable in this case. According to him, the provisions of section 36(1)(xii) are also not applicable to the assessee as the same are applicable in the case of Corporation or Body Corporate. He further noted that section 43B allows for deduction any such sum payable by the assessee as interest on any loan or borrowing from

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

14A read with rule 8D(ii) of the Rules and therefore, the same conclusion ought to have been applied to section 36(1)(iii) as well. Therefore, in the fact situation of the case, the remand by the tribunal to the Assessing Officer to examine whether the investments were 14 Pune Mathadi Hamal and Other Manual Workers Board [A] made

AYOKI FABRICON PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is allowed

Bench: Shri R.S. Syal & Shri Vikas Awasthy

14A of the Act was not pressed by the ld. AR. The same is, therefore, dismissed. 13. In the result, appeal of the assessee is dismissed. ITA No.1608/PUN/2015 – A.Y.2008-09 : 14. Second ground of the assessee’s appeal is against initiation of re-assessment proceedings. 15. Succinctly, the facts of the case are that the assessee filed its original return