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.

2(22)(e) show that there are three limbs of the said section i.e. (i) the payment by a company by way of advance or loan should have been made to a shareholder who is a beneficial owner of the shares and substantial interest. (ii) or the payment should be made to any concern in which such share holder

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

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

22,72,726/- as per schedule 6 of investments to the balance sheet as on 31st March, 2008. These facts demonstrate that assessee was having enough interest free own fund and there was no unsecured loan reflected in the balance sheet of the company. Therefore, we are not inclined with the decision of the Id. CIT(A) to make disallowance

JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

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

22,72,726/- as per schedule 6 of investments to the balance sheet as on 31st March, 2008. These facts demonstrate that assessee was having enough interest free own fund and there was no unsecured loan reflected in the balance sheet of the company. Therefore, we are not inclined with the decision of the Id. CIT(A) to make disallowance

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

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

E R आदेश आदेश PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER All four appeals relate to the same assessee and pertain to two different assessment years i.e. Asst.Year 2015-16 and 2016-17 with the issues involved relating to levy of penalty under section 272A(2)(g) and section 271C of the Income Tax Act, 1961 ("the Act" for short

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

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

E R आदेश आदेश PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER All four appeals relate to the same assessee and pertain to two different assessment years i.e. Asst.Year 2015-16 and 2016-17 with the issues involved relating to levy of penalty under section 272A(2)(g) and section 271C of the Income Tax Act, 1961 ("the Act" for short

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

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

E R आदेश आदेश PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER All four appeals relate to the same assessee and pertain to two different assessment years i.e. Asst.Year 2015-16 and 2016-17 with the issues involved relating to levy of penalty under section 272A(2)(g) and section 271C of the Income Tax Act, 1961 ("the Act" for short

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

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

E R आदेश आदेश PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER All four appeals relate to the same assessee and pertain to two different assessment years i.e. Asst.Year 2015-16 and 2016-17 with the issues involved relating to levy of penalty under section 272A(2)(g) and section 271C of the Income Tax Act, 1961 ("the Act" for short

BEES INFRACON PRIVATE LIMITED,AHMEDABAD vs. INCOME TAX OFFICER, WARD1(1)(2), AHMEDABAD

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

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

section 2(22)(e) of the Act, Ld Counsel submitted that it is a current account with mutual consent of group company for the purpose of the business and that the amount given is not out of gratuitous. Therefore, while part of the loan repaid with interest of Rs.6,16,800/- with appropriate TDS

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

22 had disallowed the depreciation primarily on the ground that no cost was incurred for acquiring the goodwill and that the goodwill was not recorded in the books of the amalgamating company prior to amalgamation. The AO held that such goodwill arose merely on account of accounting adjustments and hence no depreciation was allowable under section

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

22 had disallowed the depreciation primarily on the ground that no cost was incurred for acquiring the goodwill and that the goodwill was not recorded in the books of the amalgamating company prior to amalgamation. The AO held that such goodwill arose merely on account of accounting adjustments and hence no depreciation was allowable under section

MATESHWARI BUS OPERATION PRIVATE LIMITED,AHEMDABAD vs. INCOME TAX OFFICER, TDS WARD 2, AHEMDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalmateshwari Bus Operations Vs. The Income Tax Officer, Private Limited, Tds, Ward-2, U-7, Swastik House, Near Old Ahmedabad. High Court, Navrangpura, Ahmedabad-380009. [Pan :Ahmm13678 A] (Appellant) .. (Respondent) Appellant By : Shri Amit Mundhra, Ar Respondent By: Shri Prateek Sharma, Sr. Dr Date Of Hearing 05.08.2025 Date Of Pronouncement 29.09.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-:- Delay Condoned This Appeal Has Been Filed By The Assessee Against The Order Dated 21.02.2025 Passed By The Ld. Addl/Jcit(A)-7, Mumbai (‘Ld. Cit(A)’ In Short), Under Section 250 Of The Income-Tax Act, 1961 (‘The Act’ In Short), Relating To The Assessment Year 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: “That On The Facts & In The Circumstances Of The Case & In Law, The Learned Assessing Officer Has Grossly Erred In Treating The Bona Fide Inter- Corporate Loan Of Rs.20,00,000/- Advanced By The Assessee To M/S Tak Bus Operations Pvt. Ltd. As "Deemed Dividend" Under Section 2(22)(E) Of The Income-Tax Act, 1961 & In Holding The Assessee To Be An Assessee In Default Under Section 201(1)/201(1A) For Not Deducting Tax At Source Under Section 194 Of The Act. The Learned Assessing Officer Failed To Appreciate That The Transaction Was A Commercial Loan, Fully Disclosed & Subsequently Repaid By The Recipient, The Assessee Was Not The Beneficial Owner Of Shares In The Recipient Company, No Benefit Accrued To Any Shareholder Individually & The Conditions Of Section 2(22)(E) Were Not Satisfied Either In Letter Or In Spirit. The Impugned Order Is Therefore Bad In Law, Based On Presumptions & Liable To Be Quashed In Its Entirety.” Maheshwari Bus Operation Pvt. Ltd. Vs. Ito Asst. Year 2015-16 - 2–

TDS on dividend is applicable only when payment is made to a shareholder and it is not possible to fasten the liability of tax deduction in the case of deemed dividend. Hence, keeping in view the fact that it is a commercial lending, we hold that neither the provisions of Section 2(22)(e

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

E R PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), National Faceless Appeal Centre (in short “NFAC”), Delhi vide order dated 20.09.2024 passed for A.Y. 2017-18. The assessee has taken the following grounds of appeal:- 2

ACIT, EXEMPTIONS, CIRCLE-1, AHMEDABAD, AHMEDABAD vs. VYAKTI VIKAS KENDRA INDIA, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

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

E R PER SHRI NARENDRA PRASAD SINHA, AM: This appeal is filed by the Revenue against the order of the National Faceless Appeal Centre (NFAC), Delhi (in short “the CIT(A)”) dated 25.06.2025 for the Assessment Year (A.Y.) 2016-17 in the proceeding under Section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 2

ATUL LIMITED,AHMEDABAD vs. THE ACIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal is partly allowed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2017-18 Atul Limited Acit, Cir.1(1)(1) Atul House, Gi Patel Mark Vs Ahmedabad. Mithila Society, Ahmedabad. Pan : Aabca 2390 M (Applicant) (Responent) Assessee By : Shri Bandish Soparkar, Ar : Shri Prathvi Raj Meena, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 01/05/2025 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2025 आदेश/O R D E R आदेश आदेश आदेश

E R आदेश आदेश आदेश PER MAKARAND V.MAHADEOKAR, AM: This appeal filed by the assessee is directed against the final assessment order dated 26.08.2022 passed under section 143(3) read with section 144C(13) of the Income Tax Act, 1961 [hereinafter referred to as “the Act”] in pursuance of directions issued by the Dispute Resolution Panel-2, Mumbai [hereinafter referred

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:-

e), and Explanation 2 to section 43(6), asserting that the cost or WDV in the hands of the amalgamating company should be taken as nil. We find that these provisions apply to tangible assets transferred in amalgamation, not to newly recognised intangible assets like goodwill which arises as a balancing figure under a recognised accounting method

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

E R PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: This appeal has been filed by the Assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), ADDL/JCIT (A)-3, Bengaluru vide order dated 25.11.2024 passed for A.Y. 2017-18. 2. The assessee has taken the following grounds of appeal:- “1. That the Ld. ADDL/JCIT

THE ACIT, CIRCLE- 2(1)(1),, AHMEDABAD vs. M/S. GUJARAT AMBUJA EXPORTS LIMITED,, AHMEDABAD

Bench: Us.

22 ACIT vs. M/s. Gujarat Ambuja Exports Ltd. 17. As far as second fold of reasoning is concerned, TDS under section 195 was required to be deducted if the income in hands of the alleged agents was taxable within India. The ld.CIT(A) has examined the issue elaborately and recorded the finding that these agents have no permanent establishment

ITO, WARD-1, PALANPUR, PALANPUR vs. GELOT AGRI EXPORTS, PALANPUR

The appeal of the assessee is allowed, while that of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year : 2018-19 Ito, Ward-1 Vs. Gelot Agri Exports Palanpur, Banaskantha At 13, Aditya Complex Gujarat. Opp: Jalaram Temple Deesa 385 535. Pan : Aapfg 5455 N Assessment Year : 2018-19 Gelot Agri Exports Vs. Ito, Ward-1 At 13, Aditya Complex Palanpur, Banaskantha Opp: Jalaram Temple Gujarat. Deesa 385 535. Pan : Aapfg 5455 N

E R आदेश आदेश PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER These are cross-appeals filed by the Revenue and the assessee against the order passed by the ld.Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi under section 250(6) of the Income Tax Act, 1961 ("the Act" for short) ITA No.1739 and 225/Ahd/2024 2 pertaining Assessment Year