JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

JOHN DEERE INDIA PVT. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

JOHN DEERE EQIPMENT P. LTD.,,PUNE vs. DEPUTY DIRECTOR OF INCOME-TAX,,

In the result, all the appeals of assessee are allowed

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.905 & 906/Pun/2015 यििाारण वषा / Assessment Years :2007-08 & 2008-09

1), End User License was granted by Dakota Software Corporation under and subject to Master Agreement, as referred in the paras above and statement of work between Dakota Software Corporation and any other legal entity which was licensing access and use of software and instruction to access or use software. Then under clause 2.1 it is provided the access

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

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

68 r.w.s. 115BBE of the Act and also made further 26 CO No.43/PUN/2025 addition of the interest paid of Rs.17,80,059/- by invoking the provisions of section 37 of the Act. We find before the Ld. CIT(A) / NFAC the assessee, apart from challenging the addition on merit, challenged the validity of reopening of the assessment

FINOLEX PLASSON INDUSTRIES PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. FINOLEX PLASSON INDUSTRIES PVT. LTD.,, PUNE

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

FINOLEX PLASSON INDUSTRIES PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

FINOLEX PLASSON INDUSTRIES PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. FINOLEX PLASSON INDUSTRIES PVT. LTD.,, PUNE

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

FINOLEX PLASSON INDUSTRIES PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. FINOLEX PLASSON INDUSTRIES PVT. LTD.,, PUNE

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

FINOLEX PLASSON INDUSTRIES PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

The appeals of the Revenue are dismissed

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

68,880/- 20,00,000/- 93,18,439/- 1,03,441/- 1,07,47,000/- 2011-12 1,07,47,000/- - 1,07,46,255/- 745/- - 8.1 The ld. AR submitted that the practice of writing off bad debts followed by the assessee is in consonance with amended provisions of section 36(1)(vii) of the Act. The assessee

KIMBERLY CLARK LEVER P.LTD.,PUNE vs. ACIT, PUNE

In the result, the appeal of the assessee stands allowed

Bench: Shri Inturi Rama Rao, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No.2481/Pun/2012 िनधा"रण वष" / Assessment Year : 2008-09 Kimberly Clark Lever P. Ltd., Gat No.934 To 937, Village Sanaswadi Off Nagar Road, Ta- Shirur, Pune-412208. .......अपीलाथ" / Appellant Pan : Aaack4647E बनाम / V/S. Acit, Circle-Xi(I), ……""यथ" / Respondent Pune. Assessee By : Shri Percy Pardiwalla Revenue By : Shri Sandeep Garg सुनवाई क" तारीख / Date Of Hearing : 08.02.2021 घोषणा क" तारीख / Date Of Pronouncement : 22.02.2021 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Final Assessment Order U/S 143(3) R.W.S. 144C Of The Income Tax Act, 1961 (‘The Act’ For Short) Of The Asstt. Commissioner Of Income Tax, Circle-11(1), Pune (‘The Assessing Officer’ For Short) Dated 29.10.2012 For The Assessment Year 2008-09. 2. The Appellant Raised The Following Grounds Of Appeal :- “The Appellant Objects To The Order Dated 29 October 2012 Passed Under Section 143(3) R.W.S. 144(C) Of The Income-Tax Act, 1961 (‘The Act’) By The Assistant Commissioner Of Income Tax, Circle 11(1), Pune [‘Acit’ Or ‘Ao’] Following The Directions Issued By The Dispute Resolution Panel (‘Drp’) In Respect Of The Aforesaid Assessment Year On The Following Among Other Grounds:

vii) of the Act nor liable to deduct tax at source u/s 194J of the Act. Therefore, the Assessing Officer was not justified in invoking the provisions of section 40(a)(ia) of the Act to disallow the A&M expenses of Rs.2,47,13,051/-. Accordingly, we direct the Assessing Officer to 15 allow the A&M expenses

BRAHM PRECISION MATERIALS PVT LTD,AURANGABAD vs. CIT(A), NATIONAL FACELESS APPEAL CENTRE (NFAC) DELHI

In the result, appeal of the assessee for A

68 of the Act is\nhereby confirmed. This ground of appeal is hereby dismissed.”\n19. We have heard the rival contentions and perused the\nrecord placed before us. In Ground No.1, assessee has raised\nthe issue that 1d.CIT(A) erred in confirming the disallowance of\nRs.97,61,190/- made by the AO denying the claim of business\nloss/bad debt

TIBCO SOFTWARE B.V.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, (IT), CIRCLE - 2,, PUNE

Appeal is allowed for statistical purposes

Bench: Shri R.S.Syal & Sonjoy Sarma,Jm Assessment Year : 2014-15 Tibco Software B.V. ...... Appellant C/O Tibco Software India P.Ltd. 3 Floor, Binnarius,Deepak Complex, National Games Road, Shastri Nagar, Yerwada, Pune – 411 006. Pan : Aaect3252G V/S. Dcit(It),Circle-2, Pune ……Respondent

68 (Del), DCIT Vs. Ericsson A.B. (2012) 343 ITR 470 (Del), Tata Consultancy Services State of Andhra Pradesh (2004)271 ITR 401 (SC), Dassault Systems KK, In Re (2010) 229 CTR 105 (AAR), Geoquast Systems BV, Inre (2010) 327 ITR 1 (AAR), DDIT Vs. Reliane Industries Ltd. (2011) 43 SOT 506 (Mumbai), ITAT. 8. On the receipt of the above

BANK OF MAHARASHRA,PUNE vs. THE PR. COMMISSIONER OF INCOME TAX, PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

56,31,309/- under the normal provisions and determined the book profit u/s 115JB of the Act at Rs.6911,69,43,041/-. 4. Subsequently, the Ld. PCIT examined the records and observed that the said book profit under the provisions of section 115JB was rectified by the Assessing Officer to Rs.2404,02,51,679/- vide order dated 08.06.2021 under

BRAHM PRECISION MATERIALS PVT. LTD.,AURANGABAD vs. COMMISSIONER OF INCOME TAX (APPEALS), NATIONAL FACELESS APPEAL CENTRE, NEW DELHI

In the result, appeal of the assessee for A

68 of the Act is\nhereby confirmed. This ground of appeal is hereby dismissed.”\n\n19. We have heard the rival contentions and perused the\nrecord placed before us. In Ground No.1, assessee has raised\nthe issue that 1d.CIT(A) erred in confirming the disallowance of\nRs.97,61,190/- made by the AO denying the claim of business\nloss/bad debt

M/S KIRAN SANRAN ASSOCIATES,PUNE vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2018-19

56,225/- 27,41,121/- 3.1 Further, on perusal of assessment records, it is found that there is substantial variation between consideration received or accrued and value adopted or assessed or assessable. The same difference is corroborated by the Index-II submitted with respect to the concerned sales. However, during the course of assessment proceedings, the assessee had relied