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

194A on loan of Rs. 19,56,37,008/- ITA No.220/Ahd/2015 & CO No. 24/Ahd/2016 ITA No. 421/Ahd/2017 & C.O. No. 54/Ahd/2017 Asst.Year –2007-08 & 2008-09 advanced by the assessee company to the other group companies has been mainly challenged before us. 3. The brief facts leading to the case is this that the assessee had given inter-corporate deposit

THE BAVLA GROUP SEVA SAHAKAR MANDALI LTD,BAVLA, AHMEDABAD vs. ITO, WARD 3(2)(5), AHMEDABAD, AMBAWADI, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

194A (3) of the Act, it appears that it provides for exemption from deducting Tax Deducted at Source ['TDS' for short] from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore

SOHAMNAGAR CO-OP HOUSING SOCIETY VIBHAG-III,AHMEDABAD vs. THE ITO, WARD-3(3)(5), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

194A (3) of the Act, it appears that it provides for exemption from deducting Tax Deducted at Source ['TDS' for short] from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore

SHRI ALTAFHUSEN M. SIDDIKI,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-9(4), AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

iii. Disallowance u/s 40(a)(ia) of the Act at Rs.45,42,816/- for non deduction of tax at source u/s 194A/194C of the Act. iv. Addition u/s 68 for unexplained cash credit of Rs.78,13,987/- v. Disallowance of vehicle expenses at Rs.27,050/- & telephone/mobile expenses at Rs.19,515/- after making above addition income of Rs.3

SHRI ALTAFHUSEN MAHEMUDUL HASAN SIDDIKI,AHMEDABAD vs. THE DY.CIT.,RANGE-9,, AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

iii. Disallowance u/s 40(a)(ia) of the Act at Rs.45,42,816/- for non deduction of tax at source u/s 194A/194C of the Act. iv. Addition u/s 68 for unexplained cash credit of Rs.78,13,987/- v. Disallowance of vehicle expenses at Rs.27,050/- & telephone/mobile expenses at Rs.19,515/- after making above addition income of Rs.3

DCIT, GANDHINAGAR CIRCLE, GANDHINAGAR, GANDHINAGAR vs. THE SARDAR PAEL COOPERATIVE CREDIT SOCIETY LIMITED, GANDHINAGAR

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

Bench: The Final Hearing Of The Appeal.

194A (3) of the Act, it appears that it provides for exemption from deducting Tax Deducted at Source [‘TDS’ for short] from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore

DHANLAXMI CREDIT CO. OP. SOCIETY LTD.,MEHSANA vs. THE ITO, WARD-2, PATAN

In the result, Ground Number 3 of the appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

194A (3) of the Act, it appears that it provides for exemption from deducting Tax Deducted at Source ['TDS' for short] from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore

THE ITO, WARD-1(1)(2),, AHMEDABAD vs. M/S. BAJAJ HERBALS PVT. LTD.,, AHMEDABAD

In the result, the appeal preferred by the Revenue is, thus, allowed for statistical purposes

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

194A(3) of the Act does not apply in the case of the assessee, Hence, the case of the assessee is clearly covered under the provisions of section 40(a)(ia) of the I.T.Act, 1961. Therefore, interest expenses amounting to Rs. 97,716/- on which TDS has not been deducted is disallowed

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), AHMEDABAD, AHMEDABAD vs. THE GUJARAT STATE CO. OP. HOUSING FINANCE CORPORATION LTD, AHMEDABAD

The appeals of the Revenue are hereby dismissed

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

194A (3), it appears that it provides for exemption from deducting Tax Deducted at Source from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore it cannot be said that cooperative banks

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), AHMEDABAD, AHMEDABAD vs. THE GUJARAT STATE CO. OP. HOUSING FINANCE CORPORATION LTD, AHMEDABAD

The appeals of the Revenue are hereby dismissed

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

194A (3), it appears that it provides for exemption from deducting Tax Deducted at Source from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore it cannot be said that cooperative banks

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. THE GUJARAT STATE CO. OP. HOUSING FINANCE CORPORATION LTD, AHMEDABAD

The appeals of the Revenue are hereby dismissed

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

194A (3), it appears that it provides for exemption from deducting Tax Deducted at Source from the income on interest other than interest on securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest on securities. Therefore it cannot be said that cooperative banks

SHREE SARVODAYA SAHAKARI MANDALI LTD.,VADODARA vs. NFAC, DELHI PRESENT JURISDICTION THE DY. CIT, CICLE-2(1)(1), VADODARA

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

Bench: Dr.Brr Kumar & Shri Siddhartha Nautiyal

194A (3), it appears that it provides for exemption from deducting Tax Deducted at Source from the income on interest other than interest on ITA No.1348 & 1349/Ahd/2024 Asst.Years 2016-17 & 2017-18 - 6– securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest

SHREE SARVODAYA SAHAKARI MANDALI LTD.,VADODARA vs. NFAC, DELHI PRESENT JURISDICTION THE DY.CIT, CIRCLE-2(1)(1), VADODARA

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

Bench: Dr.Brr Kumar & Shri Siddhartha Nautiyal

194A (3), it appears that it provides for exemption from deducting Tax Deducted at Source from the income on interest other than interest on ITA No.1348 & 1349/Ahd/2024 Asst.Years 2016-17 & 2017-18 - 6– securities as the cooperative societies other than cooperative banks meaning thereby that the cooperative banks are liable to deduct TDS from the interest other than interest

DUSHYANTSINH YADVENDRASINH CHUDASAMA,VADODARA vs. DY.COMM. OF INCOME TAX, CIRCLE-1(2), VADODARA

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.353/Ahd/2022 & 354/Ahd/2022 िनधा"रण वष" /Assessment Years : 2014-15 & 2015-16 Respectively Dushyantsinh Yadvendrasinh The Dy.Commissioner Of बनाम/ Chudasama Income Tax V/S. C/O.Anil R. Shah (Ca), Circle -1 (2) Shreeji House, 4Th Floor Vadodara – 390 007 B/H. M.J. Library Ahmedabad - 380 006 "थायी लेखा सं./Pan: Acrpc 1888 M (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Kinjal Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 19 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

iii) of the Act rather than under Section 57 of the Act. The AO also noted that Form 15G/15H, which could have exempted the assessee from TDS deduction, had not been furnished. Further, since no TDS had been deducted on these ITA Nos.353 & 354/Ahd/2022 Dushyantsinh Yadvendrasinh Chudasama vs. DCIT Asst. Years : 2014-15 & 2015-16 payments as required under Section

DUSHYANTSINH YADVENDRASINH CHUDASAMA,VADODARA vs. INCOME TAX OFFICER, WARD-1(2)(4), VADODARA

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.353/Ahd/2022 & 354/Ahd/2022 िनधा"रण वष" /Assessment Years : 2014-15 & 2015-16 Respectively Dushyantsinh Yadvendrasinh The Dy.Commissioner Of बनाम/ Chudasama Income Tax V/S. C/O.Anil R. Shah (Ca), Circle -1 (2) Shreeji House, 4Th Floor Vadodara – 390 007 B/H. M.J. Library Ahmedabad - 380 006 "थायी लेखा सं./Pan: Acrpc 1888 M (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Kinjal Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 19 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

iii) of the Act rather than under Section 57 of the Act. The AO also noted that Form 15G/15H, which could have exempted the assessee from TDS deduction, had not been furnished. Further, since no TDS had been deducted on these ITA Nos.353 & 354/Ahd/2022 Dushyantsinh Yadvendrasinh Chudasama vs. DCIT Asst. Years : 2014-15 & 2015-16 payments as required under Section

THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ARVIND RETAIL LTD. ( SINCE MERGED WITH ARVIND LIFESTYLE BRANDS LTD.,), AHMEDABAD

In the result, the Cross Objection of the assessee is partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

iii. Interest Expenses of Rs. 2,32,890/- to Kotak Mahindra Prime Limited (for short KMPL) under section 194A of the Act . 8.2. Accordingly, the AO disallowed the gross expenses of Rs. 2,71,11,613/- (7,23,145+2,61,55,578+2,32,890) on account of non-deduction of TDS under the relevant provisions

AQUAFIL POLYMERS CO.PVT.LTD.,AHMEDABAD vs. THE DY.CIT, TDS CIRCLE,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

194A, but not deposited the same in government account till the date of survey. Thus, the ld.AO has treated the assessee as an assessee-in-default to this extent. He raised demand of Rs.2,23,180/- under section 201(1) and computed interest at the rate of 1.5% under section 201(1A) and raised demand of Rs.1

GUJARAT STATE ELECTRICITY CORPORATION LTD.,BARODA vs. THE ACIT.,TDS, CIRCLE,, BARODA

In the result, assessee’s appeal in ITA No

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

III, Baroda both dated 31.12.2012 under section 154 of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) whereby and whereunder the demand order passed by the ACIT, TDS Circle, Baroda on account of interest u/s 201(1A) of the Act have been confirmed for Assessment Years 2007-08 & 2008-09. Since both the appeals relate