KOTHARI AGRITECH PVT. LTD,,SOLAPUR vs. THE DCIT, CIRCLE-1, SOLAPUR

In the result, the both appeals of the assessee in ITA Nos

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

68,26,650/-.” 3. Aggrieved, the assessee filed appeal(s) before the Ld. CIT(A) challenging both the orders dated 08.03.2023 and 03.07.2023 passed under section 143(3) and section 154 of the Act respectively. Before the Ld. CIT(A), the assessee filed detailed submissions. The Ld. CIT(A) disallowed the claim of deduction under section 80IA

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-7, PUNE vs. LB KUNJIR, PUNE

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

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

68 and 69 to 69D. Since, I have already upheld that the additional income corresponding to excess stock is taxable u/s 69B of the Act, therefore, as per provisions of section 115BBE(2), no deduction for this amount can be allowed to the appellant in any assessment year. Accordingly, the contention raised by the appellant is rejected. The grounds

DCIT, PUNE vs. L B KUNJIR, PUNE

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

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

68 and 69 to 69D. Since, I have already upheld that the additional income corresponding to excess stock is taxable u/s 69B of the Act, therefore, as per provisions of section 115BBE(2), no deduction for this amount can be allowed to the appellant in any assessment year. Accordingly, the contention raised by the appellant is rejected. The grounds

DCIT CIRCLE 7, BODHI TOWER SALISBURY PARK vs. L B KUNJIR, PUNE

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

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

68 and 69 to 69D. Since, I have already upheld that the additional income corresponding to excess stock is taxable u/s 69B of the Act, therefore, as per provisions of section 115BBE(2), no deduction for this amount can be allowed to the appellant in any assessment year. Accordingly, the contention raised by the appellant is rejected. The grounds

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

68 and 69 to 69D. Since, I have already upheld that the additional income corresponding to excess stock is taxable u/s 69B of the Act, therefore, as per provisions of section 115BBE(2), no deduction for this amount can be allowed to the appellant in any assessment year. Accordingly, the contention raised by the appellant is rejected. The grounds

M/S. L.B. KUNJIR,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 7, PUNE, PUNE

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

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

68 and 69 to 69D. Since, I have already upheld that the additional income corresponding to excess stock is taxable u/s 69B of the Act, therefore, as per provisions of section 115BBE(2), no deduction for this amount can be allowed to the appellant in any assessment year. Accordingly, the contention raised by the appellant is rejected. The grounds

DCIT CIRCLE 1(1), PUNE, SWARGATE vs. ENTRATA INDIA PVT. LTD, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

68,211 /-. iii. On the facts and the circumstances of the case and in law, the Ld. CIT(A) was not justified in interpreting the words “so arranged” used in section 80IA(10) to impose burden on AO to prove tax avoidance before invoking section 801A

ENTRATA INDIA PVT. LTD. ,PUNE vs. DCIT, CIRCLE-1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.133/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Entrata India Pvt. Ltd., Vs. Dcit, Circle-1(1), Pune. International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent आयकर अपील सं. / Ita No.66/Pun/2024 िनधा"रण वष" / Assessment Year: 2013-14 Dcit, Circle-1(1), Pune. Vs. Entrata India Pvt. Ltd., International Tech Park, Block-1, Wing-A, 14Th Floor, Kharadi, Pune- 411014. Pan : Aaacw7089A Appellant Respondent Assessee By : Shri Kishor B. Phadke Revenue By : Shri Ramnath P. Murkunde Date Of Hearing 14.11.2024 : Date Of Pronouncement : 24.12.2024 आदेश / Order Per Vinay Bhamore, Jm: These Are The Cross Appeals Filed By The Assessee As Well As By The Revenue Are Directed Against The Order Dated 24.11.2023 Passed By Ld. Cit(A)-13, Pune [‘Cit(A)’] For The Assessment Year 2013-14. 2. First, We Shall Take Up The Appeal Of The Assessee In Ita No.133/Pun/2024 For Adjudication.

68,211 /-. iii. On the facts and the circumstances of the case and in law, the Ld. CIT(A) was not justified in interpreting the words “so arranged” used in section 80IA(10) to impose burden on AO to prove tax avoidance before invoking section 801A

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

801A( 10) in the Appellant's case 3. erred in invoking the provisions of section 10A(7) and section 10AA(9) read with section 80IA(10) in the Appellant's case, on the ground that transactions between the Appellant and its associated enterprises are arranged to produce more than ordinary profits; 4. failed to appreciate that provisions

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

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

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

68,835/-. The grounds raised by the assessee are accordingly allowed. IT(SS)A Nos.23/PUN/2024 to 25/PUN/2024 (AYs 2017-18 to 2019-20) (Revenue) 24. The grounds raised by the Revenue in the instant appeals are identical. We, therefore, take up IT(SS)A No.23/PUN/2024 for assessment year 2017-18 as the lead case. 25. Facts of the case

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1,, AURANGABAD vs. M/S. M.B. PATIL CONSTRUCTION LTD,, AURANGABAD

In the result, the cross appeal filed by the Revenue in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

68 of the I.T. Act, 1961, by treating agricultural income as cash credit. 3. The learned Commissioner of Income-tax (Appeals)-12, Pune, has erred in law as well as in facts by confirming the addition of Rs.20,00,000/- on account of disallowance made under various heads. 4. The learned Commissioner of Income-tax (Appeals)-12, Pune, has erred

M/S. M.B.PATIL CONSTRUCTIONS LTD,,AURANGABAD vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE - 1,, AURANGABAD

In the result, the cross appeal filed by the Revenue in ITA

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

68 of the I.T. Act, 1961, by treating agricultural income as cash credit. 3. The learned Commissioner of Income-tax (Appeals)-12, Pune, has erred in law as well as in facts by confirming the addition of Rs.20,00,000/- on account of disallowance made under various heads. 4. The learned Commissioner of Income-tax (Appeals)-12, Pune, has erred

KUMAR URBAN DEVELOPMENT PVT. LTD (SUCCESSOR KUMAR HOUSING CORPORATION PVT LTD),PUNE vs. DCIT CIRCLE 14, PUNE

801A\n801A(4)(iii)\n7.\nName of the enterprise or undertaking eligible for deduction under section 80-IA, 80-IB or\n80-IC\nSection and sub-section of the Income-tax Act, 1961, under which deduction is being\nclaimed\nDate of commencement of operation/ activity by the undertaking or enterprise\n8.\n02/12/2005\n9.\nInitial assessment year from when

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. SHRI SAMEER B. LADKAR,, PUNE

In the result, the appeal of Revenue in ITA No

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.1358/Pun/2017 "नधा"रण वष" / Assessment Year : 2013-14

68,454/- is hereby deleted. Ground No.1 raised by the Appellant is accordingly allowed. " As the facts are pari materia with the earlier year, following judicial discipline, the AO is directed to allow the deduction claimed by the Appellant u/s 80IA(4). The Appellant succeeds in this Ground of Appeal which is accordingly allowed” Aggrieved by the order of Ld.CIT

DEPUTY COMMISSIONER OF INCOME TAX,, PUNE vs. SHRI GAUTAM B. LADKAT,, PUNE

In the result, the appeal of Revenue in ITA No

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपील सं. / Ita Nos.1358/Pun/2017 "नधा"रण वष" / Assessment Year : 2013-14

68,454/- is hereby deleted. Ground No.1 raised by the Appellant is accordingly allowed. " As the facts are pari materia with the earlier year, following judicial discipline, the AO is directed to allow the deduction claimed by the Appellant u/s 80IA(4). The Appellant succeeds in this Ground of Appeal which is accordingly allowed” Aggrieved by the order of Ld.CIT

DEPUTY COMMISSIONER OF INCOME TAX vs. GAUTAM B.LADKAT,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.177/Pun/2017 नििाारण वषा / Assessment Year : 2012-13 The Deputy Commissioner Of Income Tax, Circle-7, Pune. .......अऩीऱाथी / Appellant बिाम / V/S. Shri Gautam B. Ladkat, 36, Somwar Peth, Pune-411 011. Pan :Aafpl4838C ……प्रत्यथी / Respondent

68,454/- is hereby deleted. Ground no. 1 raised by the appellant is accordingly allowed.” 6. The Ld. AR of the asssessee at the time of hearing vehemently argued that the issue is squarely covered by the CBDT Circular No.1/2016 dated 15.02.2016 and specially by the ratio laid down by the Hon‟ble Madras High Court in the case

DEPUTY COMMISSIONER OF INCOME TAX vs. SAMEER B.LADKAT,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri Anil Chaturvedi, Am & Shri Partha Sarathi Chaudhury, Jm आयकर अपीऱ सं. / Ita No.177/Pun/2017 नििाारण वषा / Assessment Year : 2012-13 The Deputy Commissioner Of Income Tax, Circle-7, Pune. .......अऩीऱाथी / Appellant बिाम / V/S. Shri Gautam B. Ladkat, 36, Somwar Peth, Pune-411 011. Pan :Aafpl4838C ……प्रत्यथी / Respondent

68,454/- is hereby deleted. Ground no. 1 raised by the appellant is accordingly allowed.” 6. The Ld. AR of the asssessee at the time of hearing vehemently argued that the issue is squarely covered by the CBDT Circular No.1/2016 dated 15.02.2016 and specially by the ratio laid down by the Hon‟ble Madras High Court in the case

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

801A(10) when in fact the assessee has earned substantial excessive profits as discussed in Assessment Order. 5. The DRP has erred in directing the Assessing Officer to delete disallowance u/s FBT paid in Australia not treating it as income tax. 6. The Hon'ble DRP erred in allowing assessee's claim u/s 40a(i) in respect of disallowance made

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

801A(10) when in fact the assessee has earned substantial excessive profits as discussed in Assessment Order. 5. The DRP has erred in directing the Assessing Officer to delete disallowance u/s FBT paid in Australia not treating it as income tax. 6. The Hon'ble DRP erred in allowing assessee's claim u/s 40a(i) in respect of disallowance made