ASSISTANT COMMISSIONER OF INCOME TAX, PUNE vs. PIAGGIO VEHICLES PRIVATE LIMITED, BARAMATI

In the result, appeal of the Revenue for A

Bench: Dr. Manish Borad & Ms. Astha Chandra

142(1) of the Income Tax Act, 1961 (the “Act”). Since the assessee entered into international transactions with its Associate Enterprises (AEs), reference was made to the Transfer Pricing Officer (TPO) u/s. 92CA(1) of the Act for determination of Arm‟s Length Price (ALP) of the international transactions. Ld. TPO made upward adjustments in respect of entire export

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

transfer pricing purposes in seven\n(7) earlier years in view of inter alia binding order of the\nTribunal?\n(iii) Whether in the facts and in the circumstances of the\ncase and in law the Tribunal erred in passing the\nimpugned order dated 28th September 2022 purporting\nto rely on decision of Delhi High Court in the case

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

In the result, appeal of the assessee bearing ITA No

transfer pricing purposes in seven\n(7) earlier years in view of inter alia binding order of the\nTribunal?\n\n(iii) Whether in the facts and in the circumstances of the\ncase and in law the Tribunal erred in passing the\nimpugned order dated 28th September 2022 purporting\nto rely on decision of Delhi High Court in the case

DATTATRAY HANMANTRAO DESAI,KARAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX, PUNE

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

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

142 (SC), he submitted that the Hon’ble Supreme Court in the said decision has dismissed the SLP filed against the order of High Court in holding that where Assessing Officer made addition of 3 per cent in respect of bogus purchases over and above rate of gross profit of 4.63 per cent declared by assessee and passed assessment order

KRISH WINES,JALGAON vs. ACIT CIRCLE 1,, JALGAON

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

transferred from the ITO, Ward\n2(2), Jalgaon to DCIT, Circle – 2, Jalgaon (now Circle – 1, Jalgaon) on 08.04.2019\nas per jurisdiction. Notice u/s 142(1) of the Act on 20.05.2019 along with\nquestionnaire asking the assessee to file certain details regarding the scrutiny\nassessment.\nSecond notice u/s 142(1) of the Act was issued on 31.10.2019\nrequesting the assessee

INCOME TAX OFFICER , JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED , JALNA

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the transactions entered with AEs. From the various details furnished by the assessee the TPO noted that the assessee has entered into following specified domestic transactions during the year: Sr. No. Name of AEs Description of Specific Amount (In Method domestic transactions INR) 1 ASSAM TEA PURCHASE

INCOME TAX OFFICER WARD 1 JALNA, JALNA vs. VIKRAM TEA PROCESSOR PRIVATE LIMITED, JALNA

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2013-14

Transfer Pricing Officer (TPO) to determine the Arm’s Length Price (ALP) of the transactions entered with AEs. From the various details furnished by the assessee the TPO noted that the assessee has entered into following specified domestic transactions during the year: Sr. No. Name of AEs Description of Specific Amount (In Method domestic transactions INR) 1 ASSAM TEA PURCHASE

M/S VODAFONE GLOBAL SERVICES P LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 1(1),, PUNE

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

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.660/Pun/2022 Assessment Year : 2018-19

Section 144B of the Income Tax Act, 1961. Consequently, the entire assessment deserves to be quashed. The Appellant craves leave to add to or alter, by deletion, substitution, modification or otherwise or amend or withdraw the Additional 3 M/s. Vodafone Global Services Private Limited Grounds of Appeal herein and to submit such statements, documents and papers as may be considered

KATERRA TECHNOLOGY SERVICES LLP,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2,, PUNE

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhury & Shri G.D. Padmahshalikaterra Technology Services Vs Acit, Circle-2, Llp, Unit No.301 & 302, Pune. 3Rd Floor, Nextgen Avenue Building, Off Senapati Bapat Road, Shivajinagar, Bhamburda, Tq. Haveli, Pune. Pan: Aarfk 3667 L Appellant/Assessee Respondent / Revenue Assessee By : Shri Ketan Ved, Ca Revenue By : Shri Anurag Shrivastava, Cit Dr Date Of Hearing : 18/05/2023 Date Of Pronouncement : 24/05/2023 O R D E R Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Findings Of Ld.Drp-3, Mumbai-2, Dated 19.05.2022 For A.Y.2018-19 As Per The Following Grounds Of Appeal:- “The Ld. Assessing Officer ["Ao"], Ld. Transfer Pricing Officer ["Tpo"] & Hon'Ble Dispute Resolution Panel Cdrp") Erred In Law & In Fact In Assessing The Total Income Of Inr 1,71,54,680 As Against Returned Income Of Inr 88,61,750 As Computed By The Appellant In Its Return Of Income. Transfer Pricing Adjustment On Account Of The International Transaction Relating To Information Technology Enabled Services ("Ites”) - Inr 82,92,925 1. On The Facts & Circumstances Of The Case & In Law, The Order Passed Under Section 143(3) R.W.S. 144C Of The Income Tax Act, 1961 ("The Act") By The Ld.Ao Is Erroneous & Bad In Law; 2. The Ld. Ao/Tpo/ Hon'Ble Drp Has Erred In Upholding Katerra Technology Services Llp

section 234B and 234C of the Act. The Appellant craves leave to add, alter, modify, and withdraw all or any of the above grounds of appeal at or before the time of hearing of the appeal. For the above and any other grounds which may be raised at the time of hearing, it is praye3d that necessary relief

DCIT, CIRCLE 8 PUNE, PUNE vs. ALFA LAVAL INDIA PVT LTD, PUNE

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

sections": [ "143(1)", "143(2)", "142(1)", "92CA(3)", "143(3)", "144C(3)", "144B", "40(a)(ia)", "14A", "40(a)(i)", "ICDS", "37", "40" ], "issues": "Whether the Ld. CIT(A) erred in deleting the additions made by the Assessing Officer concerning transfer pricing

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

transfer pricing adjustment on corporate guarantee fee came up for consideration before the Tribunal in the assessee‘s own case for the A.Yrs. 2013-14 and 2014-15. The lead order was passed for the A.Y. 2014-15 in ITA No.1693/PUN/2018 holding that guarantee fee should be charged at 0.5%, which should be further increased by any expenditure actually incurred

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

transfer pricing adjustment on corporate guarantee fee came up for consideration before the Tribunal in the assessee‘s own case for the A.Yrs. 2013-14 and 2014-15. The lead order was passed for the A.Y. 2014-15 in ITA No.1693/PUN/2018 holding that guarantee fee should be charged at 0.5%, which should be further increased by any expenditure actually incurred

SPECTRAFORCE TECHNOLOGIES (INDIA) PRIVATE LIMITED,PUNE vs. ACIT, CIRCLE 5, PUNE, PUNE

In the result, appeal of the assessee is partly allowed for statistical purposes as per terms indicated hereinabove

Bench: Dr.Manish Borad & Ms. Astha Chandra

142(1) of the Act validly served upon the assessee for carrying the scrutiny proceedings u/s.143(3) of the Act. Since the assessee entered into international transactions with its AE, reference made u/s.92CA(3) of the Act to the ld. Transfer Pricing Officer (TPO). During the course of the proceedings, ld. TPO observed that following are the two types

MEENAMANI GANGA BUILDER LLP ,PUNE vs. PCIT (CENTRAL), PUNE , PUNE

In the result, the appeal of the assessee is dismissed

142(1), details of the unsecured loans taken have\nbeen called for & placed on record by the Assessing Officer.\nHowever, the assessee had not submitted the complete details as\ncalled for. Thus the contention of the assessee that it had submitted\nthe documents as required by the AO is found not acceptable. The\nAO failed to make further inquiries

RAJKAMAL STONE METAL WORKS,AMBEGAON KHURD, DIST. PUNE vs. ACIT CIRCLE 5 PUNE, PUNE

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

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

142(1) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) were issued and served on the assessee to which, the AR of the assessee appeared before the Assessing Officer from time to time and filed the requisite details. 4. During the course of assessment proceedings the Assessing Officer noted from the capital account of the partner

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.

142(1) were issued along with questionnaire. After considering reply of the assessee, the to the returned income :- (a) Addition of Rs.4,40,88,228/- on account of disallowance of leasehold improvement expenses of Rs.4,64,08,661/-. (b) The assessee has not set-off of unabsorbed depreciation of past years of Rs.36,68,211/- before computing current year

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.

142(1) were issued along with questionnaire. After considering reply of the assessee, the to the returned income :- (a) Addition of Rs.4,40,88,228/- on account of disallowance of leasehold improvement expenses of Rs.4,64,08,661/-. (b) The assessee has not set-off of unabsorbed depreciation of past years of Rs.36,68,211/- before computing current year

JAGANNATH SAMBHAJI SATAV,PUNE vs. ITO WARD 12(4), PUNE, PUNE

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

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

142(1) and 143(2) of the Act were issued and served upon the assessee requesting to make compliance of the information/document sought thereof. The assessee failed to respond to the said notice(s). On perusal of the income tax return filed by the assessee in response to notice issued u/s 148 of the Act, the Ld. Assessing Officer