THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3),, AHMEDABAD vs. M/S. AMIT INTERTRADE PVT. LTD.,, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2259/Ahd/2016 With C.O.No.162/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2007-2008 D.C.I.T., M/S. Amit Intertrade Pvt. Ltd., Central Circle-1(3), Vs. Iscon House, Ahmedabad. C.G. Road, Nr. Citi Bank, Navrangpura, Ahmedabad.

deemed dividend in hands of appellant company. It is also submitted that the transaction was not in the nature of advance or loan and it was simply inter corporate deposits (ICD). The appellant had provided for the interest expenses on the said ICD borrowed and have deducted the necessary TDS

THE ITO, WARD-1(1)(4),, AHMEDABAD vs. M/S. DHWANI INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, both the appeal filed by revenue and cross objection filed by assessee are dismissed

deemed dividend in hands of appellant company. It is also submitted that the transaction was not in the nature of advance or loan and it was simply inter corporate deposits (ICD). The appellant had provided for the interest expenses on the said ICD borrowed and have deducted the necessary TDS

MATESHWARI BUS OPERATION PRIVATE LIMITED,AHEMDABAD vs. INCOME TAX OFFICER, TDS WARD 2, AHEMDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalmateshwari Bus Operations Vs. The Income Tax Officer, Private Limited, Tds, Ward-2, U-7, Swastik House, Near Old Ahmedabad. High Court, Navrangpura, Ahmedabad-380009. [Pan :Ahmm13678 A] (Appellant) .. (Respondent) Appellant By : Shri Amit Mundhra, Ar Respondent By: Shri Prateek Sharma, Sr. Dr Date Of Hearing 05.08.2025 Date Of Pronouncement 29.09.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-:- Delay Condoned This Appeal Has Been Filed By The Assessee Against The Order Dated 21.02.2025 Passed By The Ld. Addl/Jcit(A)-7, Mumbai (‘Ld. Cit(A)’ In Short), Under Section 250 Of The Income-Tax Act, 1961 (‘The Act’ In Short), Relating To The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “That On The Facts & In The Circumstances Of The Case & In Law, The Learned Assessing Officer Has Grossly Erred In Treating The Bona Fide Inter- Corporate Loan Of Rs.20,00,000/- Advanced By The Assessee To M/S Tak Bus Operations Pvt. Ltd. As "Deemed Dividend" Under Section 2(22)(E) Of The Income-Tax Act, 1961 & In Holding The Assessee To Be An Assessee In Default Under Section 201(1)/201(1A) For Not Deducting Tax At Source Under Section 194 Of The Act. The Learned Assessing Officer Failed To Appreciate That The Transaction Was A Commercial Loan, Fully Disclosed & Subsequently Repaid By The Recipient, The Assessee Was Not The Beneficial Owner Of Shares In The Recipient Company, No Benefit Accrued To Any Shareholder Individually & The Conditions Of Section 2(22)(E) Were Not Satisfied Either In Letter Or In Spirit. The Impugned Order Is Therefore Bad In Law, Based On Presumptions & Liable To Be Quashed In Its Entirety.” Maheshwari Bus Operation Pvt. Ltd. Vs. Ito Asst. Year 2015-16 - 2–

deemed dividend provisions apply only when the recipient is a shareholder. Further, the TDS on dividend is applicable only when

INCOME TAX OFFICER TDS-1, VADODARA vs. AARAV REALITY PRIVATE LIMITED, VADODARA

In the result, the appeal of the Revenue is dismissed

Bench: Smt.Annapurna Guptaasstt.Year :2012-13 Ito, Tds-1 Aarav Reality Private Limited Vadodara. Vs 201, Payal Complex Opp: M.S. University Sayajiganj Vadodara 390 005. Pan : (Applicant) (Responent) : Shri Hemant Suthar, Ar Assessee By : Shri Atul Pandey, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 30/07/2024 घोषणा क" तारीख /Date Of Pronouncement: 23/08/2024 आदेश आदेश/O R D E R आदेश आदेश

TDS on amounts received by it by way of loan from M/s Aarav Reality P.Ltd., treating it as deemed dividend

SHRI RAM KRUPA MEDICARE PVT. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

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

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Years: 2021-22

dividend and deducted TDS thereon during Quarter 2 of F.Y. 2020-21. In view of this fact the assessee was required to bring on record Form No. 10F as well as tax residency certificate of the deductee for the period from 01.07.2020 to 30.09.2020. In the interest of justice, therefore, we deem

BEES INFRACON PRIVATE LIMITED,AHMEDABAD vs. INCOME TAX OFFICER, WARD1(1)(2), AHMEDABAD

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

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

deemed dividend u/s.2[22][e] of the Act and demanded tax thereon. 2.1. Aggrieved against the reassessment order, assessee filed an appeal before CIT[A] who has confirmed that addition by holding that the provisions of section 2[22][e] of the Act do not differentiate I.T.A No. 1283/Ahd/2024 A.Y. 2013-14 Page No 3 Bees Infracon

DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. LAMDA THERAPEUTIC RESEARCH LTD.,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

deemed dividend even incases where there ate common share holders holding stipulated voting rights between the giver and receiver companies. 11 The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. The 1st issue raised by the Revenue is that the learned CIT (A) erred in 35. allowing the deduction

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. LAMBDA THERAPEUTIC RESEARCH LTD.,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

deemed dividend even incases where there ate common share holders holding stipulated voting rights between the giver and receiver companies. 11 The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. The 1st issue raised by the Revenue is that the learned CIT (A) erred in 35. allowing the deduction

LAMBDA THERAPEUTIC RESEARCH LIMITED,,AHMEDABAD vs. THE JT. CIT, RANGE-4,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

deemed dividend even incases where there ate common share holders holding stipulated voting rights between the giver and receiver companies. 11 The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. The 1st issue raised by the Revenue is that the learned CIT (A) erred in 35. allowing the deduction

THE DCIT, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. LAMBDA THERAPEUTIC RESEARCH LTD.,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

deemed dividend even incases where there ate common share holders holding stipulated voting rights between the giver and receiver companies. 11 The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. The 1st issue raised by the Revenue is that the learned CIT (A) erred in 35. allowing the deduction

LAMBDA THERAPEUTIC RESEARCH LIMITED,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

deemed dividend even incases where there ate common share holders holding stipulated voting rights between the giver and receiver companies. 11 The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. The 1st issue raised by the Revenue is that the learned CIT (A) erred in 35. allowing the deduction

LAMBDA THERAPEUTIC RESEARCH LTD.,,AHMEDABAD vs. DCIT CIRCLE-2(1) (2),, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

deemed dividend even incases where there ate common share holders holding stipulated voting rights between the giver and receiver companies. 11 The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. The 1st issue raised by the Revenue is that the learned CIT (A) erred in 35. allowing the deduction

THE DY.CIT, CENTRAL CIRCLE-2(1), AHMEDABAD vs. M/S. ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS M/S. CADILA HEALTHCARE LTD.), AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: DR. BRR KUMAR (Vice President), SHRI SIDDHATHA NAUTIYAL (Judicial Member)

TDS, TCS. Advance Tax or Self- Assessment Tax paid u/s 140A. 4. Proviso to Sec. 244A(1) as relied upon is not applicable to the facts of the case, which is in fact governed by the provisions of Sec. 244A(1)(h), being in any other case. The amount of Rs. 75,04,960/-as determined to be refundable

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

dividend income of Rs. 89,27,021/- which was claimed as exempt u/s. 10(34) of the act. In the computation of income, the assessee had disallowed an amount of Rs. 8,34,503/- u/s. 14A of the act as expenses incurred towards earning tax free income. We have gone through the balance sheet and profit and loss account filed

JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

dividend income of Rs. 89,27,021/- which was claimed as exempt u/s. 10(34) of the act. In the computation of income, the assessee had disallowed an amount of Rs. 8,34,503/- u/s. 14A of the act as expenses incurred towards earning tax free income. We have gone through the balance sheet and profit and loss account filed

THE SANKHEDA JETPUR PAVI TALUKA GINNING PRESSING COTTON SALE CO.OP SOCIETY LTD,VADODARA vs. THE PR. CIT-3, VADODARA

In the result, the appeal of the assessee is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

TDS deductions by these companies, which were subsequently claimed by the assessee. This deduction was deemed disallowable, resulting in an underassessment of income amounting to Rs. 24,51,022/-. Thus, the assessment order passed under Section 143(3) was determined to be both erroneous and prejudicial to the interests of Revenue. In the 263 notice, it was mentioned that

GUJARAT URJA VIKAS NIGAM LTD,VADODARA vs. THE ACIT, CIRECLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes and the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

dividend income / income from mutual funds which does not form part of the total income as contemplated under Section 14A. The Assessing Officer can adopt a reasonable basis for effecting the apportionment. While making that determination, the Assessing Officer shall provide a reasonable opportunity to the assessee of producing its accounts and relevant or germane material having a bearing

ROTOMAG MOTORS & CONTROLS (P) LTD.,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

Appeal is allowed

deemed to accrue or arise in India within the meaning of section\n9(1)(i) of the Act, and therefore the assessee was obliged to deduct tax at\nsource u/s.195. Since no TDS was deducted, the AO invoked section 40(a)(i)\nand disallowed Rs.1,42,197/-.\nBefore the AO, the assessee contended that the commission was paid\nfor services