INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

10 of the Revenue’s appeal are dismissed. Ground No. 6 (Original) and Revised Ground No. 11 – Deletion of Disallowance of Interest under Section 36(1)(iii) amounting to Rs. 11,29,21,996/- 79. The Assessing Officer disallowed a sum of Rs.11,29,21,996/- under section 36(1)(iii) of the Act on the ground that

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

10 of the Revenue’s appeal are dismissed. Ground No. 6 (Original) and Revised Ground No. 11 – Deletion of Disallowance of Interest under Section 36(1)(iii) amounting to Rs. 11,29,21,996/- 79. The Assessing Officer disallowed a sum of Rs.11,29,21,996/- under section 36(1)(iii) of the Act on the ground that

THE ASSTT. COMMISSIONER OF INCOME TAX, TDS CIRCLE,, AHMEDABAD vs. M/S. J.P. ISCON LTD. (FORMERLY KNOWN AS J.P. INFRASTRUCTURE LTD.),, AHMEDABAD

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

iii) Dwani Infrastructure Pvt. Ltd. (Date of incorporation : 13.11.2006): Number of shares held Name of shareholder during 13.11.2006 to Percentage of holding 31.03.2007 Mr Pravin T. Kotak 9,000 90 Mr Amit M. Gupta 1,000 10 Total 10,000 100 (iv) Rich Infrastructure Pvt. Ltd. (Date of incorporation : 13.11.2006): Number of shares held Name of shareholder during

THE DCIT, TDS CIRCLE,, AHMEDABAD vs. M/S. J.P. ISCON LTD. (FORMERLY KNOWN AS J.P.INFRASTRUCTURE LTD., AHMEDABAD

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

iii) Dwani Infrastructure Pvt. Ltd. (Date of incorporation : 13.11.2006): Number of shares held Name of shareholder during 13.11.2006 to Percentage of holding 31.03.2007 Mr Pravin T. Kotak 9,000 90 Mr Amit M. Gupta 1,000 10 Total 10,000 100 (iv) Rich Infrastructure Pvt. Ltd. (Date of incorporation : 13.11.2006): Number of shares held Name of shareholder during

SHRI DINESH MILLS LTD.,BARODA vs. THE ACIT, CIRCLE -2(1)(1), BARODA

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

10(34) of the Act. The assessee against such income has not made any disallowance of ITA No.781/Ahd/2016 & 3 others Shree Dinesh Mills Ltd. vs. DCIT/ACIT (cross-appeals) Asst.Years – 2012-13 & 2013-14 the expenses as per the provisions of section 14A read with rule 8D of Income Tax Rule. Therefore the AO after giving the opportunity of being

PAWAN EDIFICE PVT. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(2), VADODARA

section 115JB. 9. Before the CIT(A), the assessee submitted that certain interest expenses considered by the AO under Rule 8D(2)(ii) pertained to car loans, late payment of TDS, and late payment of taxes aggregating to Rs. 34,56,637/-, which were directly related to specific assets or statutory liabilities and had no nexus with earning exempt income

DCIT, CIRCLE-1(3), , AHMEDABAD vs. EDELWEISS BROKING LTD.(ON BEHALF OF AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

iii) So far as disallowance under Section 40(a)(ia) for VSAT and lease-line charges are concerned, my predecessor CIT(Appeals)-XVI vide his order dated 28th April, 2011 for A.Y. 2008-09 has upheld the disallowance and held as under: “10.3.1. I have considered the submission made by the appellant and observation of the Assessing Officer. With respect

M/S. EDELWEISS BROKING LIMITED,AHMEDABAD vs. THE DCIT, CIRCLE-1(3), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

iii) So far as disallowance under Section 40(a)(ia) for VSAT and lease-line charges are concerned, my predecessor CIT(Appeals)-XVI vide his order dated 28th April, 2011 for A.Y. 2008-09 has upheld the disallowance and held as under: “10.3.1. I have considered the submission made by the appellant and observation of the Assessing Officer. With respect

THE DY.CIT, CENTRAL CIRCLE-1, VADODARA vs. PAWAN EDIFICE PVT. LTD., VADODARA

Appeals are partly allowed for\nstatistical reasons

10, on the facts and in the circumstances of the case\nand in law, the Ld. CIT(A) has erred in restricting the addition to\nRs.49,48,271/- as against addition of Rs.1,56,75,889/- made by the AO u/s 68\nof the I.T. Act as credited in the books on account of cancellation of bookings on\nthe

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE INCOME TAX OFFICER, TDS, CIRCLE-TDS, VADODARA

In the result, all appeals of the assessee are dismissed

Bench: Dr. B.R.R. Kumar, Vice-

TDS on the leave encashment paid. Hence, the Revenue Authorities treated the assessee as in default under Section 201(1) and 201(1A) of the Act. 3.2 The Revenue held that the payments are in excess of Rs. 3 lakhs, and since the recipients are neither State Government nor Central Government employees, hence the exemption limit cannot exceed Rs.3 lakhs

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE INCOME TAX OFFICER, TDS, CIRCLE-TDS, VADODARA

In the result, all appeals of the assessee are dismissed

Bench: Dr. B.R.R. Kumar, Vice-

TDS on the leave encashment paid. Hence, the Revenue Authorities treated the assessee as in default under Section 201(1) and 201(1A) of the Act. 3.2 The Revenue held that the payments are in excess of Rs. 3 lakhs, and since the recipients are neither State Government nor Central Government employees, hence the exemption limit cannot exceed Rs.3 lakhs

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE INCOME TAX OFFICER, TDS, CIRCLE-TDS, VADODARA

In the result, all appeals of the assessee are dismissed

Bench: Dr. B.R.R. Kumar, Vice-

TDS on the leave encashment paid. Hence, the Revenue Authorities treated the assessee as in default under Section 201(1) and 201(1A) of the Act. 3.2 The Revenue held that the payments are in excess of Rs. 3 lakhs, and since the recipients are neither State Government nor Central Government employees, hence the exemption limit cannot exceed Rs.3 lakhs

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE INCOME TAX OFFICER, TDS, CIRCLE-TDS, VADODARA

In the result, all appeals of the assessee are dismissed

Bench: Dr. B.R.R. Kumar, Vice-

TDS on the leave encashment paid. Hence, the Revenue Authorities treated the assessee as in default under Section 201(1) and 201(1A) of the Act. 3.2 The Revenue held that the payments are in excess of Rs. 3 lakhs, and since the recipients are neither State Government nor Central Government employees, hence the exemption limit cannot exceed Rs.3 lakhs

THE DCIT, CENTRAL CIRCLE-2(1),, AHMEDABAD vs. INTAS PHARMACEUTICALS LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is allowed

III, Ahmedabad dated 31-03-2014, in proceedings under section 154 of the Income Tax Act, 1961; in short “the Act”. 2. The revenue has raised following ground of appeal:- I.T.A No. 1740/Ahd/2014 A.Y. 2010-11 Page No 2 “On the facts and in the circumstances of the case, the Ld. CIT(A) has erred in law and on facts

ARCHANABEN RAJENDRASINGH DEVAL,AHMEDABAD vs. THE INCOME TAX OFFICER, TDS WARD-1,, AHMEDABAD

In the result, the appeal filed by the assessee is allowed, as indicated\nabove

Bench: SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER\nAND\nSHRI MAKARAND V. MAHADEOKAR, ACCOUNTANT MEMBER\nआयकर अपील सं/ITA No.1465/Ahd/2024\nनिर्धारण वर्ष / Assessment Year : 2015-16\nArchanaben Rajendrasingh\nDeval\nबनाम /\nv/s.\nThe Income Tax Officer\nTDS Ward-1,\nAhmedabad – 380 014\n42, Tirth Bhumi Co-op. Society\nNear Dhara Soap Factory\nNikol Gam Road,\nNikol, Ahmedabad – 382 350\nस्थायी लेखा सं./PAN: AHZPD 2745 D\n(अपीलार्थी/ Appellant)\n(प्रत्यर्थी/ Respondent)\nAssessee by :\nShri Jaimin Sha

TDS was required to be deducted.\nITA No.1465/Ahd/2024\nArchanaben Rajendrasingh Deval\nAsst. Year: 2015-16\n3\nBased on these grounds, the assessee contended that the provisions of section\n194IA of the Act were not applicable.\n3. The AO rejected the assessee's claim that the land in question was\nagricultural in nature and therefore outside the purview of section 194IA

ACIT CENTRAL CIRCLE 2(3), AHMEDABAD vs. INTAS PHARMACEUTICALS LIMITED, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Suchitra R. Kamble & Shri Narendra Prasad Sinhaasst. Commissioner Of M/S. Intas Pharmaceuticals Ltd., Vs. Income-Tax, Corporate House, S.G. Highway, Central Circle 2(3), Nr. Sola Bridge, Thaltej, Ahmedabad Ahmedabad-380 054 [Pan : Aaaci 5120 L] (Appellant) .. (Respondent) Appellant Represented By : Shri Sher Singh, Cit (Dr) Respondent Represented By: Shri S. N. Soparkar, Sr. Advocate & Ms. Urvashi Sodhan, Ar Date Of Hearing 07.01.2026 Date Of Pronouncement 24.02.2026 O R D E R Per Ms. Suchitra R. Kamble:-

10. This ground relates to deletion of disallowance of interest expenditure made by the Assessing Officer under section 36(1)(iii) of the Act on account of alleged utilization of borrowed funds for capital work-in-progress (CWIP). 10.1 The Ld. AR submitted that the issue is squarely covered in favour of the assessee by the decision

VIRMATI SOFTWARE & TELECOMMUNICATION LIMITED,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1135/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 Virmati Software & Telecommunication D.C.I.T, Limited, Vs. Cirle-4(1)(2) A-2/3, Arjun Tower, Ahmedabad. Satellite Road, Satellite, Ahmedabad-380 015. Pan: Aaacv6480G

10. The assessee has shown income of Rs. 3,32,67,540.00 from the foreign parties based in Afghanistan for the software services rendered to them. These foreign parties deducted TDS for Rs. 23,17,075.00 being 7% of the income received by the assessee. Accordingly the assessee claimed that it has paid the taxes on the foreign income

IRM PRIVATE LIMITED,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

In the result the appeal filed by assessee is partly allowed for statistical purposes

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1590/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Irm Private Limited, The Deputy Commissioner Irm House, बनाम/ Of Income Tax, V/S. Off. C.G Raod, Circle 2(1)(1), Navrangpura, Ahmedabad. Ahmedabad-380009. "थायी लेखा सं./Pan: Aaaci3678M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Abhijit, Sr-Dr

iii) Rs. 10,12,600/- under section 68, being unexplained cash credits received through an employee’s bank account into the company account, as per report from ITO Jalandhar. 4. Accordingly, the AO determined total assessed income at Rs. 2,14,81,080/- and initiated penalty proceedings under section 271(1)(c) of the Act. 5. Being not satisfied

ASSTT. COMMISSIONER OF INCOME TAX,, CENTRAL CIRCLE - 1(4), AHMEDABAD vs. MAHALAXMI INFRACONTRACT PVT. LTD., AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

10,068 Entry Tax Interest 59,230 Total 4,31,63,343 Section 37 of the act allows deduction of expenditure which are not being expenditure of the nature described in sections 30 to 36 and not being in the nature of capital expenditure or personal expenses of the assessee and are expended wholly and exclusively for the purposes