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

In the result, appeal of the Revenue for A

Bench: Dr. Manish Borad & Ms. Astha Chandra

57,280/- which was again revised twice firstly on 26/09/2016 and finally on 30/03/2017 and declared taxable income of Rs.175,83,75,940/-. The case selected for limited scrutiny followed by validly serving the statutory notices u/s. 143(2) & 142(1) of the Income Tax Act, 1961 (the “Act”). Since the assessee entered into international transactions with its Associate Enterprises

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

SHRI GANESH SERVA SEVA SANGHA SHRIPUR,SOLAPUR vs. CIT(E), PUNE, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1230/Pun/2024 Assessment Year : 2016-17

57, 574/- in the revised return of income filed on 27.02.2018. However, the corresponding receipts of Rs. 63.67,40,291/- (Rs.59,03,01,928/- - Rs.4,62,38,363/-) from Pandurang Sahakari Sakhar Karkhana and Utopian Sugars Pvt. Ltd. had not been credited to the Income Expenditure Account/ Profit & Loss Account. Therefore the case was reopened

ZS ASSOCIATES INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE -12,, PUNE

In the result, appeal of the assessee is dismissed as withdrawn

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No.211/Pun/2022 निर्धारण वषा / Assessment Year: 2017-18 Zs Associates India Private V The Additional / Joint / Limited, S Deputy / Assistant Tower 3, World Trade Centre, Commissioner Of Kharadi, Pune – 411014. Income Tax, Dcit, Circle-12, Pune. Pan:Aaacz2157Q Appellant/ Assessee Respondent /Revenue Assessee By Shri Ninad Patade (Through Virtual) Revenue By Shri Prakash L Pathade Date Of Hearing 11/12/2025 Date Of Pronouncement 06/02/2026 आदेश/ Order Per Dr. Dipak P. Ripote, Am: In This Case, Assessee Has Filed An Appeal Against The Assessment Order Dated 16.02.2022 Passed U/S.143(3) R.W.S 144C(13) Read With Section 144B Of The Act, 1961 For The A.Y.2017- 18, Emanating From Order Of The Dispute Resolution Panel U/S.144C(5) Of The Act, Dated 06.12.2021, Which In Turn Emanates From Draft Assessment Order U/S.143(3) R.W.S 144C(1) Of The Act

section 1448 of the Income-tax Act, 1961 ("hereinafter referred to as "the Act"] on the following grounds which are independent of and without prejudice to each other General Ground Transfer pricing adjustment of INR 52,79,57

RENISHAW METROLOGY SYSTEMS LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 5,, PUNE

In the result, appeal of the assessee is dismissed

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपीलसं. / Ita No.619/Pun/2021 िनधा"रण वष" / Assessment Year : 2013-14 Renishaw Metrology Systems The Dy.Commissioner Limited, V Of Income Tax, Circle- S.No.283, Hissa No.2, S.No.284, S 5, Pune. Hissa No.2 & 3A, Raisoni Estate, Taluk – Mulshi, Dist-Pune. Pan: Aabcr6361F Appellant/ Assessee Respondent /Revenue Assessee By Shri Ajit Jain & Shri Siddesh Chaugule – Ar’S Revenue By Shri Suhas Kulkarni – Addl. Cit(Dr) Date Of Hearing 04/01/2024 Date Of Pronouncement 24/01/2024

transfer pricing study report maintained as per Section 92D of the Act read with Rule 1OD of the Rules used for determining the arm’s length price of the international transaction of the Appellant; 3.4 violating the principle of “Rule of Consistency” while making the adjustment to the international transaction of provision of software development services and provision of marketing

B & R INDUSTRIAL AUTOMATION PVT. LTD.,PUNE vs. DCIT, CIRCLE 1(1), PUNE

Bench: SHRI VINAY BHAMORE (Judicial Member)

Transfer Pricing Officer for determination of Arm’s Length Price as per section 92CA of the Act. The TPO noted that Assessee had applied Transactional Net Margin Method(TNMM) to determine Arm’s Length Price of its international transaction. The Assessee has selected Profit Level Indicator as Operating Profit upon Operating Revenue(OP/OR). The TPO passed an order u/s.92CA

SEMPERTRANS INDIA PRIVATE LIMITED,ROHA vs. INCOME-TAX OFFICER, PANVEL

In the result, appeal filed by the assessee is partly\nallowed for statistical purposes

Price ('ALP') of the payment for services as 'NIL' by\ndisregarding the detailed benchmarking approach and the\nmethodology adopted by the Appellant in its TP documentation\nmaintained under section 92D of the Act read with Rule 10D of the\nIncome Tax Rules, 1962 ('Rules').\n8. Upholding/confirming the action of Ld. TPO, in going beyond\nthe scope under section 92CA

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

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

57,12,000/-.\nThe return was processed u/s 143(1) of the Income Tax Act, 1961 (hereinafter\nreferred to as 'the Act') on 16.10.2019 determining the total income of the assessee\nat Rs.247,08,48,210/- after making adjustments as per section 36(1)(va) of the Act.\nSubsequently, the case was selected for scrutiny under CASS for the following

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

PIAGGIO VEHICLES PVT LTD ,PUNE vs. ACIT, CIRCLE 4, PUNE, PUNE

In the result, the appeal of the assessee is dismissed

Bench: Ms. Astha Chandra & Shree Dr. Dipak P. Ripote

transfer pricing adjustment of Rs.7,36,97,574/- which were allowed by the Ld. CIT(A) relying on his decision in preceding AY 2015-16 in assessee’s own case involving the identical issues in respect of export of parts and component-service spares and export of parts and components – global sourcing and payment of corporate guarantee fees. Before

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.

57,685/- and taxable income as per normal provisions at Rs.2,15,34,462/-, as the tax liability as worked out u/s 115JB of the IT Act is more than the tax liability of total income as per normal provisions of the IT Act. The tax liability of the assessee company was worked on the books profits. 6. In first

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.

57,685/- and taxable income as per normal provisions at Rs.2,15,34,462/-, as the tax liability as worked out u/s 115JB of the IT Act is more than the tax liability of total income as per normal provisions of the IT Act. The tax liability of the assessee company was worked on the books profits. 6. In first

SAR SENAPATI UMABAI DABHADE NAGARI SAHAKARI PATSANSTA MARYADIT,PUNE vs. PCIT-3, PUNE

In the result, the appeal of the assessee is allowed

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

57 deductions must be allowed. o We respectfully request you to drop the revision proceedings under Section 263 and allow the deduction as per law. We trust that our submission clarifies our position. We request you to kindly consider the above facts and grant appropriate relief to the assessee.” 5. Despite the above submission/contention(s) of the assessee

ANAND DEVELOPERS,SANGLI vs. INCOME-TAX OFFICER, WARD 2(1), SANGLI

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

section 2(47) of the I.T. Act have no application in relation to the asset which is held as stock-in-trade. Therefore, the issue of transfer in relation to the immovable property held as stock-in-trade has to be decided under the general law. As the year of transfer is C.O. No.15/PUN/2023 important to decide the year

DY COMMISSIONER OF INCOME-TAX, SANGLI CIRCLE,, SANGLI vs. ANAND DEVELOPERS, SANGLI

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

section 2(47) of the I.T. Act have no application in relation to the asset which is held as stock-in-trade. Therefore, the issue of transfer in relation to the immovable property held as stock-in-trade has to be decided under the general law. As the year of transfer is C.O. No.15/PUN/2023 important to decide the year

SHAHU SHIKSHAN PRASARAK MANDAL, LATUR,LATUR vs. ACIT (EXMP.) CIRCLE, AURANGABAD, AURANGABAD

In the result, the appeal of the assessee is allowed for statistical\npurposes

sections, wherein the aforesaid grant is credited and certified by a\nChartered Accountant as a Trust Auditor. Therefore, it is beyond\ndoubt that, the institution is clearly covered by the provisions of sec.\n10(23C) (iiiab) of the Act.\nConsidering the facts and circumstances of the case we humbly pray\nbefore your honour to please accept our claim of exemption