EATON TECHNOLOGIES PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

Appeal is partly allowed in above terms

Bench: Shri S. S. Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.3075/Pun/2017 ननधधारण वषा / Assessment Year : 2013-14 Eaton Technologies Pvt. Ltd. Cluster C, Wing 1, Eon Free Zone, Plot No.1, Sr. No.77, Midc Kharadi Knowledge Park, Kharadi ,Pune- 411 014. .......अपऩलधथी / Appellant Pan : Aabce4323Q बनधम / V/S. ……प्रत्यथी / Respondent Dcit, Circle-1(2), Pune Assessee By : Shri Vishal Karla Revenue By : Shri S. P. Walimbe

dividend income in the absence of any nexus and further disallowance under section 14A of the Act was not warranted. Levy of interest 14. That on facts and circumstances of the case and in law, the AO erred in levying interest under section 234B of the Act.‖ 3. Learned counsel states at the outset that the assessee’s first substantive

FAURECIA INTERIOR SYSTEMS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

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

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am

dividend income from mutual fund units. Without prejudice to the above, even if disallowance relating to administrative expenses is to be invoked, the same should be restricted to Rs. 71,700 considering remote personnel and processing cost. 16. Non grant of deduction under section 10A of the Act of Rs, 3,34,928 in respect of disallowance made section

MANOJ JAIKUMAR TIBREWALA,,NASHIK vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE -1,, NASHIK

Accordingly. We make it clear that the assessee shall be at liberty to file all the relevant details in consequential proceedings. This last appeal ITA No. 609/Pun/2019 is allowed for statistical p...

Bench: Shri S.S. Godara & Dr. Dipak P. Ripoteit(Ss)A Nos. 06 & 07/Pun/2017 (Assessment Years: 2012-13 & 2013-14) Shri Manoj Jaikumar Tibrewala Acit, Central Circle-1 Vastu Shilp, Ground Floor Kendriya Rajaswa Bhavan Godavari Housing Society Vs. Gadkari Chowk Boys Town School Road Old Agra Road, Nashik Nashik 422005 Pan – Aakpt7009G Appellant Respondent Appellant By: Shri Pamod S. Shingte Respondent By: Shri S.P. Walimbe Date Of Hearing: 25.04.2022 Date Of Pronouncement: 10.05.2022

price receivable by appellant under the 3 IT(SS)A Nos. 06 & 07/Pun/2017 ITA No. 609/Pun/09 Shri Manoj Jaikumar Tibrewala development agreement. It was neither a gratuitous advance nor with the obligation to return the same. It did not bear any interest. 4.5 In similar situation of advance against sale of land, ITAT, Delhi „C‟ Bench, in the case

MSC SOFTWARE CORPORATION INDIA P.LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

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

Bench: Shri Anil Chaturvedi, Am & Shri Vikas Awasthy, Jm

dividend income, interest income and profit on sale of investment as well as premium of software contract totalling to Rs.2,30,48,603/- which is as per Schedule-13 “other sources”. From the various decisions relied on by the Ld. Counsel for the assessee we find Thirdware Solutions Ltd. has been rejected on the ground that it is functionally dissimilar

CARRORO INDIA PRIVATE LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Revenue in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

transfer pricing adjustment proposed by the TPO. He, however, did not approve the view point of the AO that the entire amount of payment of Rs.5.86 crore was liable to be added by observing that no independent reasoning was given by the AO and the amount also included Testing fees paid to group concern amounting to Rs.40.85 lakh and Generic

DEPUTY COMMISSIONER OF INCOME-TAX vs. CARRARO INDIA PVT. LTD.,, PUNE

In the result, appeal of the Revenue in ITA No

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

transfer pricing adjustment proposed by the TPO. He, however, did not approve the view point of the AO that the entire amount of payment of Rs.5.86 crore was liable to be added by observing that no independent reasoning was given by the AO and the amount also included Testing fees paid to group concern amounting to Rs.40.85 lakh and Generic

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

pricing report obtained and the transfer\npricing documentation maintained.”\n13. On going through the judgment of Hon'ble Jurisdictional\nHigh Court and applying the ratio laid down therein on the\nfacts of the present case, we find that the same are squarely\napplicable and, therefore, we hold that 1d. DRP's directions\nconfirming the action of TPO making the upward

CUMMINS INDIA LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, appeal of the assessee bearing ITA No

pricing report obtained and the transfer\npricing documentation maintained.”\n\n13. On going through the judgment of Hon'ble Jurisdictional\nHigh Court and applying the ratio laid down therein on the\nfacts of the present case, we find that the same are squarely\napplicable and, therefore, we hold that 1d. DRP's directions\n\nconfirming the action of TPO making

M/S. RAJMAL LAKHICHAND vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Department is dismissed

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

deemed dividend does not arise. The ld. AR referred to page 310 of the paper book to show that the opening balance as on 01-04-2009 is Rs.61,96,13,348/- as against the accumulated profits of the last year of Rs.5,01,44,572/- (at page 300 of the paper book). The ld. AR to support this alternate

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. RAJMAL LAKHICHAND,,

In the result, appeal of the Department is dismissed

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

deemed dividend does not arise. The ld. AR referred to page 310 of the paper book to show that the opening balance as on 01-04-2009 is Rs.61,96,13,348/- as against the accumulated profits of the last year of Rs.5,01,44,572/- (at page 300 of the paper book). The ld. AR to support this alternate

PIAGGIO VEHICLES PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -4,, PUNE

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

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपीऱ सं. / Ita No. 3029/Pun/2017 नििाारण वषा / Assessment Year : 2013-14 Piaggio Vehicles Private Limited „Sky One‟, 9Th Floor, S. No.210, Final Plot No.72, Town Planning Scheme, Yerwada No.1, Kalyani Nagar, Pune-411 006. Pan : Aabcp1225G .......अऩीऱाथी / Appellant बिाम / V/S. The Assistant Commissioner Of Income Tax, Circle-4, Pune. ……प्रत्यथी / Respondent

dividend in India as per the India -Italy Double Taxation Avoidance Agreement, is the Appellant entitled for refund of such excess DDT paid.” ADJUDICATION OF THE GROUNDS IN APPEAL MEMO 3. The Ld. Senior Counsel for the assessee opening his argument submitted that Ground No.1 is general in nature and hence, no adjudication is required. 4 A.Y.2013-14 4. Ground

M/S. BILCARE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

dividend stripping held to be is not a sham and bogus and ratio of the Hon'ble Supreme Court in the case of McDowells & Co. Ltd. (supra) cannot be applied. Similarly, after referring to the judgments of Hon'ble Supreme Court in McDowells & Co. Ltd. (supra) and Union of India & Anr vs. Azadi Bachao Andolan & Anr (supra

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2(2), PUNE vs. M/S. BILCARE LIMITED, PUNE

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

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपीऱ सं. / Ita No.273/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 Dcit, Central Circle-2(2), Vs. M/S. Bilcare Limited, Pune. 601, Icc Trade Tower, Pune- 411016. Pan : Aabcb2242F Appellant Respondent आयकर अपीऱ सं. / Ita No.334/Pun/2021 निर्धारण वर्ा / Assessment Year: 2016-17 M/S. Bilcare Limited, Vs. Dcit, Central Circle- 6Th Floor, B Wing, Icc 2(2), Pune. Trade Tower, Senapati Bapat Road, Pune- 411006. Pan : Aabcb2242F Appellant Respondent

dividend stripping held to be is not a sham and bogus and ratio of the Hon'ble Supreme Court in the case of McDowells & Co. Ltd. (supra) cannot be applied. Similarly, after referring to the judgments of Hon'ble Supreme Court in McDowells & Co. Ltd. (supra) and Union of India & Anr vs. Azadi Bachao Andolan & Anr (supra

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE vs. M/S. BELLFLOWER PROPERTIES PVT.LTD,, PUNE

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

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2013-14 Dcit, Circle-1(1), Vs. M/S. Kolte Patil Developers Ltd. Pune (Erstwhile Bellflower Properties Pvt. Ltd. Merged With Kolte Patil Developers Ltd.,) Second Floor, City Point, Dhole Patil Road, Pune – 411 001 Pan : Aadcb1007A Appellant Respondent िनधा"रण वष" / Assessment Year : 2013-14 M/S. Kolte Patil Developers Ltd. Vs. Dcit, Circle-1(1), (Erstwhile Bellflower Properties Pvt. Pune Ltd. Merged With Kolte Patil Developers Ltd.,) Second Floor, City Point, Dhole Patil Road, Pune – 411 001 Pan : Aadcb1007A Appellant Respondent

dividend distribution tax. The BEPS Action plan 4 notified the device of thin capitalization as a measure adopted by some related companies to erode taxation base from the concerned countries by unnecessarily opting for borrowings rather than capital so as to reduce its burden of taxation. Giving effect to the BEPS Action plan 4 and with an aim to reduce

M/S. KOLTE PATIL DEVELOPERS LTD., (ERSTWHILE:M/S. BELLFLOWER PROPERTIES PRIVATE LIMITED,),PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

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

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviिनधा"रण वष" / Assessment Year : 2013-14 Dcit, Circle-1(1), Vs. M/S. Kolte Patil Developers Ltd. Pune (Erstwhile Bellflower Properties Pvt. Ltd. Merged With Kolte Patil Developers Ltd.,) Second Floor, City Point, Dhole Patil Road, Pune – 411 001 Pan : Aadcb1007A Appellant Respondent िनधा"रण वष" / Assessment Year : 2013-14 M/S. Kolte Patil Developers Ltd. Vs. Dcit, Circle-1(1), (Erstwhile Bellflower Properties Pvt. Pune Ltd. Merged With Kolte Patil Developers Ltd.,) Second Floor, City Point, Dhole Patil Road, Pune – 411 001 Pan : Aadcb1007A Appellant Respondent

dividend distribution tax. The BEPS Action plan 4 notified the device of thin capitalization as a measure adopted by some related companies to erode taxation base from the concerned countries by unnecessarily opting for borrowings rather than capital so as to reduce its burden of taxation. Giving effect to the BEPS Action plan 4 and with an aim to reduce

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

dividend and salary to Shri Vinod Jadhav and same were offered to taxes @ 15%. He pointed out that the question was attribution of profits to Sava Healthcare Ltd and Sava Medica Ltd., but the DRP did not allow an application made under section 154 of the Act. Our attention was drawn to the issue raised vide ground of appeal No.3.1

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

dividend and salary to Shri Vinod Jadhav and same were offered to taxes @ 15%. He pointed out that the question was attribution of profits to Sava Healthcare Ltd and Sava Medica Ltd., but the DRP did not allow an application made under section 154 of the Act. Our attention was drawn to the issue raised vide ground of appeal No.3.1

M/S. SAVA HEALTHCARE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, 70% of world profits are added in the hands of assessee under guise of Profit Split Method

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.1062 To 1068/Pun/2017 यििाारण वषा / Assessment Years : 2007-08 To 2013-14

dividend and salary to Shri Vinod Jadhav and same were offered to taxes @ 15%. He pointed out that the question was attribution of profits to Sava Healthcare Ltd and Sava Medica Ltd., but the DRP did not allow an application made under section 154 of the Act. Our attention was drawn to the issue raised vide ground of appeal No.3.1