XCELLON EDUCATION LIMITED,,AHMEDABAD vs. ADDL. CIT, TDS,, AHMEDABAD

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

TDS provisions. A survey operation under section 133A of the Act was carried out at the business premises of the assessee

XCELLON EDUCATION LIMITED,,AHMEDABAD vs. ADDL. CIT, TDS,, AHMEDABAD

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

TDS provisions. A survey operation under section 133A of the Act was carried out at the business premises of the assessee

HUBTOWN BUS TERMINAL (AHMEDABAD) PRIVATE LIMITED,AHMEDABAD vs. DCIT CIRCLE(TDS), AHMEDABAD, AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133A of the Income-tax Act, 1961 (“the Act”) was carried out on 07.08.2015 at the business premises of the assessee for verification of TDS compliance. During the course of survey, it was noticed that the assessee had deducted TDS aggregating to ₹2,89,37,379/- for the financial year 2014-15 under various sections

JT. CIT(OSD), TDS-CIRCLE,, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

TDS Circle, Ahmedabad, challenging the orders passed by the CIT (Appeals), Ahmedabad dated 14.3.2017, 20.3.2017 and 24.3.2017 in the assessment proceedings under Section 201(1)/201(1A) of the said Act, and ITA Nos.1269/Ahd/2017, 1270/Ahd/2017, 1271/Ahd/2017 were filed by the respondent Assessee against the said three orders, before the Tribunal. 3. The brief facts giving rise to the present appeals

JT. CIT(OSD), TDS-CIRCLE,, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

TDS Circle, Ahmedabad, challenging the orders passed by the CIT (Appeals), Ahmedabad dated 14.3.2017, 20.3.2017 and 24.3.2017 in the assessment proceedings under Section 201(1)/201(1A) of the said Act, and ITA Nos.1269/Ahd/2017, 1270/Ahd/2017, 1271/Ahd/2017 were filed by the respondent Assessee against the said three orders, before the Tribunal. 3. The brief facts giving rise to the present appeals

JT. CIT(OSD), TDS-CIRCLE,, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

TDS Circle, Ahmedabad, challenging the orders passed by the CIT (Appeals), Ahmedabad dated 14.3.2017, 20.3.2017 and 24.3.2017 in the assessment proceedings under Section 201(1)/201(1A) of the said Act, and ITA Nos.1269/Ahd/2017, 1270/Ahd/2017, 1271/Ahd/2017 were filed by the respondent Assessee against the said three orders, before the Tribunal. 3. The brief facts giving rise to the present appeals

SAKARIYA METAL ROLLING MILLS,AHMEDABAD vs. ITO, WARD-3(3)(10), AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita No. 34/Ahd/2019 िनधा"रण वष"/Asstt. Year:2015-2016 Sakariya Metal Rolling Mills, I.T.O., 257, Gujrat Vapraj Mahamandal, Vs. Ward-3(3)(10), Vasahat, S.P. Ring Road, Ahmedabad. Odhav, Ahmedabad-382415. Pan: Aadfs3443A

section 133A of the Act wherein the word MARA was recorded which is a Gujarati word and its translation in English stands as MY. Based on this, the learned AR contended that the impugned piece of document belongs to the partner of the firm. We are not again convinced with the argument of the learned AR for the assessee

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

TDS on payment ,of Rs 19,86,207/- made on account of consultancy fees to tax residents of USA & Canada without appreciating that such incomes were taxable in India in terms of Section 9(1)(vii) of the IT Act and also as per the provisions of respective DTAA's. ( Page166 of the appellate order). 8.1 In any case

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

TDS on payment ,of Rs 19,86,207/- made on account of consultancy fees to tax residents of USA & Canada without appreciating that such incomes were taxable in India in terms of Section 9(1)(vii) of the IT Act and also as per the provisions of respective DTAA's. ( Page166 of the appellate order). 8.1 In any case

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

TDS on payment ,of Rs 19,86,207/- made on account of consultancy fees to tax residents of USA & Canada without appreciating that such incomes were taxable in India in terms of Section 9(1)(vii) of the IT Act and also as per the provisions of respective DTAA's. ( Page166 of the appellate order). 8.1 In any case

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

TDS on payment ,of Rs 19,86,207/- made on account of consultancy fees to tax residents of USA & Canada without appreciating that such incomes were taxable in India in terms of Section 9(1)(vii) of the IT Act and also as per the provisions of respective DTAA's. ( Page166 of the appellate order). 8.1 In any case

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

TDS on payment ,of Rs 19,86,207/- made on account of consultancy fees to tax residents of USA & Canada without appreciating that such incomes were taxable in India in terms of Section 9(1)(vii) of the IT Act and also as per the provisions of respective DTAA's. ( Page166 of the appellate order). 8.1 In any case

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

TDS on payment ,of Rs 19,86,207/- made on account of consultancy fees to tax residents of USA & Canada without appreciating that such incomes were taxable in India in terms of Section 9(1)(vii) of the IT Act and also as per the provisions of respective DTAA's. ( Page166 of the appellate order). 8.1 In any case

M/S. GANESH ENTERPRISE.,AHMEDABAD vs. THE ADDL. CIT, TDS, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.2308/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2015-2016 M/S Ganesh Enterprise, Addl.C.I.T., 205, Shubh House, Vs. Tds, 77, Swastik Soc. Opp. C.G. Road, Ahmedabad. Navrangpura, Ahmedabad.

section 133A of the Act at the business premises of the assessee on 15 July 2015 wherein it was found that the assessee has claimed interest expenses for Rs. 22,23,512.00 only for the year under consideration after deducting the TDS

RAVI PLANT BIOTECHNOLOGIES LTD.,VADODARA vs. THE ADDL. CIT, TDS, VADODARA

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

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2016-17

133A(2A) of the Income Tax Act, 1961 was conducted by the TDS Range at the premises of the Company on 18.02.2016 wherein the Revenue observed that TDS deducted from various payments was not deposited with the Department. Accordingly, the Assessing Officer (ITO, TDS) passed order under Section

TULSI REALITY,VADODARA vs. THE PR. CIT-1, VADODARA

The appeal of the assessee is dismissed

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.134/Ahd/2022 िनधा"रण वष" /Assessment Year : 2017-18 Tulsi Reality The Pr.Cit-1 बनाम/ G5 Anand Deep Complex Vadodara – 390 007 V/S. Gotri Road (Gujarat) Gotri, Vadodara – 390 021 (Gujarat) "थायी लेखा सं./Pan: Aafft 8908 B (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Ms. Urvashi Shodhan, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 27/01/2025 घोषणा की तारीख /Date Of Pronouncement: 30/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 29.03.2022 Passed By The Ld. Principal Commissioner Of Income Tax, Vadodara-1 (Hereinafter Referred To As "Pcit") Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") For The Assessment Year (Ay) 2017- 18, Setting Aside The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As “Ao”) Under Section 143(3) Of The Act Dated 12.12.2019. Tulsi Reality Vs. The Pr.Cit-1 Asst. Year : 2017-18

Section 133A of the Act was conducted at the premises of the assessee on 30.08.2016. During the survey, the assessee admitted an undisclosed income of Rs.50,10,000/- and stated that this amount represented receipts related to business activities. The admitted income was subsequently included in the return of income and reflected in the financial statements of the assessee

SANKALP RECREATION PRIVATE LIMITED,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

TDS non-compliance. This is consistent with judicial principles that when profit is computed based on estimation, it covers all aspects of the business, including potential violations. 13.2. We also find that the 12% Net Profit Rate (NPR) applied by the CIT(A) is reasonable, given the nature of the case. The assessee was found to have engaged in unaccounted

THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. SANKALP RECREATION PVT. LTD., AHMEDABAD

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

TDS non-compliance. This is consistent with judicial principles that when profit is computed based on estimation, it covers all aspects of the business, including potential violations. 13.2. We also find that the 12% Net Profit Rate (NPR) applied by the CIT(A) is reasonable, given the nature of the case. The assessee was found to have engaged in unaccounted