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

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

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

SMT. PASHIBEN PRAJAPATI FAMILY TRUST (DISC),AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(5), AHMEDABAD

The appeal of the assessee is partly allowed in the manner as indicated above

Bench: Ld. Cit(A) Has In-Turn Arisen From The Intimation Dated 07.12.2022 Issued By Cpc, Bengaluru, U/S.154(Cpc/2122/U5/ 314311772) Of The Act.

B)(2)(i) of the Income Tax Act is squarely applicable in the appellant's case. Hence, the decision of the AO by taxing the appellant at MMR is upheld. Accordingly, this ground of appeal is dismissed. 6.1 Further, the appellant contended the charging of interest u/s 234A, 234B and 234C of Rs.9,531/-, Rs.57,186/- and Rs.87,761/- respectively

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

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 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 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. DY. COMMISSIONER OF INCOME TAX,(OSD),, 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

KAD STEEL ROLLING MILLS,AHMEDABAD vs. INCOME TAX OFFICER, WARD - 2, TDS, ASHRAM ROAD,

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

TDS and Rs. 40,866/- as interest. 4. Aggrieved by this order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals). During appellate proceedings, the Kad Steel Rolling Mills vs. ITO Asst. Year –2013-14 - 3– assessee admitted that the forms were indeed filed late but submitted that the delay was due to an inadvertent oversight

JAYESHKUMAR TULSIDAS SUTARIA,AHMEDABAD vs. THE ITO, WARD 7(2)(1), AHMEDABAD, AHMEDABAD

In the result, both the appeals of the assessee are allowed

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

119(2)(b) cannot adjudicate or grant exemption u/s 10(108). The impugned direction amounts to abdication of duty, rendering the order bad in law. 5. The Ld. CIT(A) has failed to appreciate that the appellant received compensation under the duly approved "BSNL VRS-2019" scheme, which fully satisfies the conditions prescribed under Rule 2BA and is eligible

JAYESHKUMAR TULSIDAS SUTARIA,AHMEDABAD vs. THE ITO, WARD 7(2)(1), AHMEDABAD, AHMEDABAD

In the result, both the appeals of the assessee are allowed

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

119(2)(b) cannot adjudicate or grant exemption u/s 10(108). The impugned direction amounts to abdication of duty, rendering the order bad in law. 5. The Ld. CIT(A) has failed to appreciate that the appellant received compensation under the duly approved "BSNL VRS-2019" scheme, which fully satisfies the conditions prescribed under Rule 2BA and is eligible

KIRI INDUSTRIES LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-2(1)(1), AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Dr.Brr Kumarshri Tr Senthil Kumar

TDS was effected on the commission payment. The said disallowance was confirmed by the Ld.CIT(A) 8. At the outset, it was submitted that the amounts have been paid to non-resident agents who are not tax payable entities in India for the services rendered abroad. The commission agents who have been paid commission do not have any permanent establishment

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LTD.,, AHMEDABAD

TDS needs to be given while giving effect to this order. 53.3 From the above direction, we note that the learned CIT-A has just instructed the AO to allow the claim of the assessee subject to the direction. As such, at the time of hearing the learned DR has not brought any infirmity in the direction given