THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS BROKING LTD., AHMEDABAD

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

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

2,000 may be charged to depreciation in each year over the next five years. There are several methods used to calculate depreciation. The full value of costs that are not capital expenditures must be deducted in the year they are incurred. 46 ITA Nos. 413,445,268&318/Ahd/2016 and 446/Ahd/2016

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS FINANCIAL ADVISORS LTD., ( FORMERLY KNOWN ANAGRAM STOCK BROKING LTD.,), AHMEDABAD

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

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

2,000 may be charged to depreciation in each year over the next five years. There are several methods used to calculate depreciation. The full value of costs that are not capital expenditures must be deducted in the year they are incurred. 46 ITA Nos. 413,445,268&318/Ahd/2016 and 446/Ahd/2016

M/S. EDELWEISS BROKING LTD. ( AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.),AHMEDABAD vs. THE JT. CIT, RANGE-3,, AHMEDABAD

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

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

2,000 may be charged to depreciation in each year over the next five years. There are several methods used to calculate depreciation. The full value of costs that are not capital expenditures must be deducted in the year they are incurred. 46 ITA Nos. 413,445,268&318/Ahd/2016 and 446/Ahd/2016

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.

TDS and have also paid back the said ICD along with interest during F. Y I 2008-09. Appellant's main objection was that in view of the various decisions including special bench of ITAT Mumbai in the case of Asstt. CIT v/s. Bhaumik Colour (P) Ltd.[2009] 118 ITD 1 (Mum.) (SB) and jurisdictional High Court decision

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)

2,29,932/- towards the membership fees paid to the stock exchanges. As per the assessee such membership subscription is not a payment in the nature of technical/professional services and therefore the same is not subject to the TDS under the provisions of Section 194J of the Act. 117.1 However, the AO observed that the stock exchanges are providing

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)

2,29,932/- towards the membership fees paid to the stock exchanges. As per the assessee such membership subscription is not a payment in the nature of technical/professional services and therefore the same is not subject to the TDS under the provisions of Section 194J of the Act. 117.1 However, the AO observed that the stock exchanges are providing

THE DCIT, CIRCLE-4(1)(2), AHMEDABAD vs. TROIKAA PHARMACEUTICALS LTD, AHMEDABAD

In the result, the CO filed by the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos. 939 & 1129/Ahd/2019 With C.O.Nos.169 & 181/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., Troikaa Pharmaceuticals Ltd., Circle-4(1)(2), Vs. Commerce House-I, Ahmedabad. Opp. Rajvansh Apartment, Judges Bunglow Road, Ahmedabad-380054. Pan: Aabct0228K

119 (Mum-Trib). It is a decision rendered on 28.6.2019. Bench has reproduced the discussion made in the assessee’s own case for earlier years. It reads as under: “9. We have heard both the parties, perused the material available on record and gone through the orders of authorities below. The issue involved in the present appeal, i.e. whether freebies

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD vs. TROIKAA PHARMACEUTICLAS LIMITED,, AHMEDABAD

In the result, the CO filed by the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos. 939 & 1129/Ahd/2019 With C.O.Nos.169 & 181/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., Troikaa Pharmaceuticals Ltd., Circle-4(1)(2), Vs. Commerce House-I, Ahmedabad. Opp. Rajvansh Apartment, Judges Bunglow Road, Ahmedabad-380054. Pan: Aabct0228K

119 (Mum-Trib). It is a decision rendered on 28.6.2019. Bench has reproduced the discussion made in the assessee’s own case for earlier years. It reads as under: “9. We have heard both the parties, perused the material available on record and gone through the orders of authorities below. The issue involved in the present appeal, i.e. whether freebies

EAGLE STEEL INDUSTRIES PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(1)(1),, AHMEDABAD

In the result, appeal filed by the Assessee is allowed

Bench: Shri P. K. Kedia & Shri Mahavir Prasad)

TDS, our attention is drawn to the fact that though the Finance Act, (NO.2) 2009 introduced, inter alia, Sec. 194C(6) and 194C(7), similar and analogous provision had been very much in existence under proviso 2 and 3 to Section 194C(3) of the Act. Placing such provisions in juxtaposition in the following chart makes it clear that they

SHRI BALASHAH BAVA SANSTHA SARVAJANIK TRUST,ANAND vs. THE CIT (EXEMPTION), AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

2) of section 239 had existed on the Statute book, it is found that the prescription of two years would not sustain even when viewed in the backdrop of that provision as it existed at the relevant time. The outer limit which came to be constructed by CBDT could have at best been shored by section 119. However

SHRI BALASHAH BAVA SANSTHA SARVAJANIK TRUST,ANAND vs. THE CIT (EXEMPTION), AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

2) of section 239 had existed on the Statute book, it is found that the prescription of two years would not sustain even when viewed in the backdrop of that provision as it existed at the relevant time. The outer limit which came to be constructed by CBDT could have at best been shored by section 119. However

STHAPTHYA BUILDCON PVT. LTD.,,AHMEDABAD vs. THE DCIT, WARD-4(1)(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 814/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2013-2014 Sthapathya Buildcon Pvt Ltd., D.C.I.T, Pavan Petroleum, Vs. Circle-4(1)(1), Nutun Mill Compund, Ahmedabad. Near City Gold Cinema, Saraspur, Ahmedabad. Pan: Aalcs8818G

TDS details c. Travelling expenses. d. Administrative expenses. iv) Please furnish the details of interest and Finance charges of Rs.5,25,04,447/- and Other expenses of Rs.38,37,556/- 8.2 We also find that the assessee in response to the above notice has made the submissions as detailed under: 4. Details of interest and finance charges of Rs.5

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT. LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against

CORRTECH INTERNATIONAL PVT. LTD.,AHMEDABAD vs. THE ADDL. CIT, TDS RANGE,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against

CORRTECH INTERNATIONAL PVT. LTD.,AHMEDABAD vs. THE ADDL. CIT, TDS RANGE,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE ACIT.,(OSD) RANGE-1,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against

THE DCIT(OSD) RANGE-1,, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

TDS Range, 380009 Ahmedabad-380014 [PAN No.AAACC0134G] (Appellant) (Respondent) .. Appellant by : Shri Tushar Hemani, Sr. Adv. & Shri Parimalsinh B. Parmar, A.R. Respondent by: Shri Purushottam Kumar, Sr. D.R. Date of Hearing 07.09.2022 Date of Pronouncement 19.10.2022 O R D E R PER Ms. SUCHITRA KAMBLE - JM: This bunch of appeals filed by the assessee and Revenue are filed against