ASSISTANT COMMISSIONER OF INCOME-TAX vs. PERSISTENT SYSTEMS PVT. LTD.,, PUNE

In the result, the appeal of Revenue is dismissed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.2336/Pun/2016 यििाारण वषा / Assessment Year : 2011-12 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle – 4, Pune …. Vs. Persistent Systems Pvt. Ltd., Bhageerath, 402, Senapati Bapat Marg, …. प्रत्यथी / Respondent Pune – 411016 Pan: Aabcp1209Q

section 143(3) of the Income-tax Act, 1961 (in short ‘the Act’). 2. The Revenue has raised the following grounds of appeal:- 2 1. On the facts and circumstance of the case, the CIT(A) has erred in deleting the disallowance u/s 10A(7) r.w.s 80IA(10) of the Income Tax Act, 1961 of Rs.5,12,68

M/S. HONEWELL AUTOMATION INDIA LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, the appeal of Revenue is dismissed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

10A of the Act to Rs.7,74,60,281/- as against the claim of Rs.36,35,09,382/- is hereby set-aside. Thus, assessee succeeds on this aspect.” 8. Thus, in view of the above, ground Nos. 1 to 11 raised by the assessee are allowed. 9. Ground No. 12 raised by the assessee challenging the action

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. HONEYWELL AUTOMATION INDIA LTD.,, PUNE

In the result, the appeal of Revenue is dismissed

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi

10A of the Act to Rs.7,74,60,281/- as against the claim of Rs.36,35,09,382/- is hereby set-aside. Thus, assessee succeeds on this aspect.” 8. Thus, in view of the above, ground Nos. 1 to 11 raised by the assessee are allowed. 9. Ground No. 12 raised by the assessee challenging the action

M/S. HONEYWELL AUTOMATION INDIA LIMITED,,PUNE vs. ACIT, CIRCLE-7, PUNE

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं./ Ita No. 359/Pun/2013 िनधा#रण वष# / Assessment Year : 2008-09

68,534 with respect to Electronic Hardware Technology Parks (‘EHTP') operations of the Appellant and tax holiday claim under section 10AA of the Act amounting to Rs. 1,87,497 with respect to Special Economic Zone ('SEZ') operations of the Appellant 2. erred in recomputing the deduction under section 10A

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

68,32,323/-. The assessee has already disallowed Rs.50,00,000/- in the computation of income.” 35. The requirement of section 14(2) of the Act is that the Assessing Officer is to record as to why the disallowance made by the assessee i.e. Rs.50 lakhs under section 14A of the Act is not correct. The Assessing Officer

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

68,32,323/-. The assessee has already disallowed Rs.50,00,000/- in the computation of income.” 35. The requirement of section 14(2) of the Act is that the Assessing Officer is to record as to why the disallowance made by the assessee i.e. Rs.50 lakhs under section 14A of the Act is not correct. The Assessing Officer

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (2),, PUNE vs. M/S. EATON INDUSTRIES PRIVATE LIMITED,, PUNE

In the result, all the appeals of Revenue are dismissed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

section 10A of the Act. In this regard, we place reliance on the ratio laid down by the Hon'ble Bombay High Court in CIT Vs. Schmetz India Pvt. Ltd. (supra), where the SLP filed has been rejected by the Hon'ble Supreme Court. We also place reliance on the ratio laid down in Honeywell Automation India

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (2),, PUNE vs. M/S. EATON INDUSTRIES PRIVATE LIMITED,, PUNE

In the result, all the appeals of Revenue are dismissed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

section 10A of the Act. In this regard, we place reliance on the ratio laid down by the Hon'ble Bombay High Court in CIT Vs. Schmetz India Pvt. Ltd. (supra), where the SLP filed has been rejected by the Hon'ble Supreme Court. We also place reliance on the ratio laid down in Honeywell Automation India

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (2),, PUNE vs. M/S. EATON INDUSTRIES PVT.LTD,, PUNE

In the result, all the appeals of Revenue are dismissed

Bench: Shri Anil Chaturvedi & Shri Partha Sarathi Chaudhury

section 10A of the Act. In this regard, we place reliance on the ratio laid down by the Hon'ble Bombay High Court in CIT Vs. Schmetz India Pvt. Ltd. (supra), where the SLP filed has been rejected by the Hon'ble Supreme Court. We also place reliance on the ratio laid down in Honeywell Automation India

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -11,, PUNE vs. CAPGEMINI TECHNOLOGY SERVICES INDIA LIMITED , (FORMERLY IGATE GLOBAL SOLUTIONS LTD.),, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

10A by providing that the report of the auditor in the prescribed form should be filed before the specified date referred to in section 44AB, which, in turn, refers to section 139(1) of the Act. Thus, for the period anterior to the amendment carried out by the Finance Act, 2020, the only requirement was to furnish

CAPGEMINI TECHNOLOGY SERVICES INDIA LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 11,, PUNE

In the result, both the appeals are partly allowed

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhury

10A by providing that the report of the auditor in the prescribed form should be filed before the specified date referred to in section 44AB, which, in turn, refers to section 139(1) of the Act. Thus, for the period anterior to the amendment carried out by the Finance Act, 2020, the only requirement was to furnish

SKYLINE DEVELOPERS,PUNE vs. THE INCOME TAX OFFICER, WARD4(50, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.709/Pun/2023 Assessment Year : 2006-07

68% of Gross Sale Proceeds while, appellant to get 32% of the gross sale proceed. 13. The condition required for deduction u/s 80IB were fulfilled in the capacity of Joint Venture. As per this agreement, it was laid down that JV shall maintain books of accounts which shall be audited. However, Joint Venture did not obtain PAN or file

SOLAPUR DIST M S K SAMITI H MASTER T AND N T PATH MYDT PANDHARPUR,PANDHARPUR vs. ITO, WARD 2, PANDHARPUR

In the result appeal of the assessee is dismissed

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.804/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Solapur Dist M S K Samiti H The Income Tax Officer, Master T & N T Path V Ward-2, Pandharapur. Mydtpandharpur, S 3980, Station Road, Pandharpur. Maharashtra – 413304. Pan: Aanas9890E Appellant/ Assessee Respondent /Revenue Assessee By None Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 15/02/2024 Date Of Pronouncement 08/03/2024 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)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 11.05.2023 Emanating From Assessment Order Dated 30.07.2019Passed Under Section 144 R.W.S 144A Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Assessee Was In Presumption That Co Operative Societies Income Is Exempt Under 80P Generally Maximum Co Solapur Dist M S K Samiti H Master T & N T Path Mydt Pandharpur [A]

10A or Section 10AA or Section 10B or Section 10BA or under any provision of the said Chapter - VI A under the heading "C.-Deduction in respect of certain incomes", no deduction would be allowed to him under the said provision. In plain terms, this Sub Section (5) of Section 80A of the Act imposes

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

In the result, the appeal filed by the Revenue stands dismissed

10A shall apply to the articles or things or services referred to in sub-section (1) as if— (a) for the figures, letters and word "1st April, 2001", the figures, letters and word "1st April, 2006" had been substituted; (b) for the word "undertaking", the words "undertaking, being the Unit" had been substituted. (9) The provisions of sub-section

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. KPIT TECHNOLOGIES LTD.,, PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act on the increased income due to disallowance of depreciation on intangible assets amounting to ₹ 2.26 crores is though covered in favour of assessee by the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. Gem Plus Jewellery India Ltd. (supra), however, since we have allowed the claim of assessee

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act on the increased income due to disallowance of depreciation on intangible assets amounting to ₹ 2.26 crores is though covered in favour of assessee by the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. Gem Plus Jewellery India Ltd. (supra), however, since we have allowed the claim of assessee

KPIT CUMMINS GLOBAL BUSINESS SOLUTIONS LTD., (NOW MERGED WITH KPIT CUMMINS INFOSYSTEMS LTD),PUNE vs. ACIT, CIRCLE 11(1), PUNE

In the result, appeal of assessee relating to assessment year 2008-09 is partly allowed, appeal of assessee relating to assessment year 2009-10 and appeal of Revenue are partly allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.246/Pun/2013 यििाारण वषा / Assessment Year : 2008-09

section 10A of the Act on the increased income due to disallowance of depreciation on intangible assets amounting to ₹ 2.26 crores is though covered in favour of assessee by the ratio laid down by the Hon’ble Bombay High Court in CIT Vs. Gem Plus Jewellery India Ltd. (supra), however, since we have allowed the claim of assessee

SPRINGER NATURE TECHNOLOGY AND PUBLISHING SOLUTIONS PRIVATE LIMITED,PUNE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), PUNE

The appeal of the Assessee is Partly Allowed for\nStatistical Purpose

68,037/- on short term deposits of\nRs.6,46,88,606/- temporarily park in the CURRENT\nAccount held in Citi Bank, Hong-Kong was claimed as\nprofit of the business and eligible for exemption under\nsection 10A of the Act. Thus, the most important fact in the\ncase of Hawlett Packard Global Soft Ltd.,(supra) is that the\ninterest

ASSISTANT COMMISSIONER OF INCOME-TAX vs. LAXMI CIVIL ENGINEERING SERVICES PVT. LTD.,, KOLHAPUR

In the result, the appeal of the Revenue in ITA No

Bench: Shri D. Karunakara Rao, Am & Shri S. S. Viswanethra Ravi, Jm Sl.

section 10A the addition made on account of the disallowance of the provident fund/ESIC payments ought to be ignored cannot be accepted. No statutory provision to that effect having been made, the plain consequence of the disallowance made by the Assessing Officer must follow. The second question shall accordingly stand answered against the Revenue and in favour