BANK OF BARODA,ANAND vs. THE ACIT, CPC, TDS, GHAZIABAD

In the result, the appeal of the assessee is dismissed

TDS return) and interest of " 20,328/- u/s 220(2) of the Act). The assessee filed an appeal before Ld. CIT(Appeals) against late filing levy u/s 234E of the Act. The main ground raised by the assessee in his Statement of Facts/Grounds of Appeal was that prior to 01.06.2015, there was no enabling provision for raising of demand

MIRANT NAVINBHAI PARIKH,VADODARA vs. THE DCIT ,CIRCLE INT.TAXA., VADODARA

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta, Accountnat Member & Shri T.R.Senthil Kumar

2. The Hon’ble CIT(A) has erred in law and on facts upholding action of Learned AO in restricting the credit for TDS to Rs.59,278 as against Rs.1,93,498 claimed by the appellant in the return of income, thereby granting short credit of TDS to the extent of Rs.1,34,220. It is submitted that

ROTOMAG MOTORS & CONTROLS (P) LTD.,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

Appeal is allowed

section 14A r.w.r. 8D(2)(ii) in the present case. The suo\nmotu disallowance of Rs. 1,60,838/- offered by the assessee in respect of\nadministrative expenditure is reasonable. We accordingly direct deletion of\nthe disallowance of Rs. 11,97,333/- sustained by the CIT(A). These grounds\nof appeal are allowed.\n6.5 Issue No. 5 – Addition

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA, VADODARA vs. TRUFORM TECHNO PRODUCTS PRIVATE LIMITED, NAGPUR

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Year: 2009-10

Section 68 of the. Act were duly submitted during the course of assessment proceedings itself. It therefore appears that the addition has been made purely on the basis of surmises and conjectures because the appellant had already proved the genuineness of the credit entries. No addition can be made on the basis of assumptions and presumptions and that no document

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA, VADODARA. vs. TRUFORM TECHNO PRODUCTS PRIVATE LIMITED, NAGPUR

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Year: 2009-10

Section 68 of the. Act were duly submitted during the course of assessment proceedings itself. It therefore appears that the addition has been made purely on the basis of surmises and conjectures because the appellant had already proved the genuineness of the credit entries. No addition can be made on the basis of assumptions and presumptions and that no document

ADF FOODS LTD.,,NADIAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, KHEDA CIRCLE,, NADIAD

In the result, all three appeals filed by the assessee as well as one appeal filed by the Revenue are set aside to the file of the learned CIT(A) to decide the matters as per law

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

220(2) of the Act on delayed payment of tax though the same is not in the nature of penalty. 3. The learned CIT(A) erred in fact and in law in confirming the action of the AO in disallowing an amount of Rs.1,37,87,905/- invoking section 40(a)(i) for non-deductiori of TDS

ADF FOODS LTD.,,NADIAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, KHEDA CIRCLE,, NADIAD

In the result, all three appeals filed by the assessee as well as one appeal filed by the Revenue are set aside to the file of the learned CIT(A) to decide the matters as per law

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

220(2) of the Act on delayed payment of tax though the same is not in the nature of penalty. 3. The learned CIT(A) erred in fact and in law in confirming the action of the AO in disallowing an amount of Rs.1,37,87,905/- invoking section 40(a)(i) for non-deductiori of TDS

THE JT. CIT (OSD) KHEDA RANGE, NADIAD vs. ADF FOODS LIMITED, NADIAD

In the result, all three appeals filed by the assessee as well as one appeal filed by the Revenue are set aside to the file of the learned CIT(A) to decide the matters as per law

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

220(2) of the Act on delayed payment of tax though the same is not in the nature of penalty. 3. The learned CIT(A) erred in fact and in law in confirming the action of the AO in disallowing an amount of Rs.1,37,87,905/- invoking section 40(a)(i) for non-deductiori of TDS

ADF FOODS LTD.,,NADIAD vs. THE DCIT, KHEDA CIRCLE, NADIAD

In the result, all three appeals filed by the assessee as well as one appeal filed by the Revenue are set aside to the file of the learned CIT(A) to decide the matters as per law

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

220(2) of the Act on delayed payment of tax though the same is not in the nature of penalty. 3. The learned CIT(A) erred in fact and in law in confirming the action of the AO in disallowing an amount of Rs.1,37,87,905/- invoking section 40(a)(i) for non-deductiori of TDS

THE DY. CIT, CIRCLE-8,, AHMEDABAD vs. SAHAJANAND LASER TECHNOLOGY LIMITED, GANDHINAGAR

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

TDS 34,146 10 Disallowance of Bonus and Leave 6,14,958 Encashment u/s.43B 11 Disallowance of Provision for Excise Duty 2,96,220 u/s.43B 12 Disallowance of interest towards China 10,37,451 Project 13 Disallowance of prepaid Insurance 2,39,630/- 14 Disallowance u/s.40A(2)(b) of the Act. 20,26,491/- 15 Disallowance u/s.14A

SAHAJANAND LASER TECHNOLOGY LTD.,,GANDHINAGAR vs. THE ITO, WARD-4(1)(1),, AHMEDABAD

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

TDS 34,146 10 Disallowance of Bonus and Leave 6,14,958 Encashment u/s.43B 11 Disallowance of Provision for Excise Duty 2,96,220 u/s.43B 12 Disallowance of interest towards China 10,37,451 Project 13 Disallowance of prepaid Insurance 2,39,630/- 14 Disallowance u/s.40A(2)(b) of the Act. 20,26,491/- 15 Disallowance u/s.14A

TORRENT POWER LTD.,,AHMEDABAD vs. THE ACIT.,RANGE-8,, AHMEDABAD

In the result cross objection filed by the assessee is partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 80-IA of the Act. 69. The learned CIT (A) disregarded the contention of the assessee by observing that the impugned income does not have nexus with the distribution of power activity of the assessee. Thus the learned CIT (A) upheld the finding of the AO. 70. Being aggrieved by the order of the learned CIT (A), the assessee

SHAMA AJAY PATEL,AHMEDABAD vs. THE CIT(IT & TP), AHMEDABAD

The appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

TDS was already deducted and taxed at 15.45%. She has submitted that shares were purchased out of legitimate NRE funds and sales proceeds were credited to the same NRE Account. However, the reply of the assessee is not acceptable because, the Search and seizure action u/s.132 of the I.T. Act was carried out in the Kushal Group of Ahmedabad

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,MUMBAI vs. THE ACIT, INTL. TAXN.-1,, AHMEDABAD

In the result, the appeal of the assessee is partly allowed, while the CO filed by the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarwith Co No.20/Ahd/2022 Assessment Year : 2014-15 & 1783/Ahd/2019 Assessment Year : 2015-16 Shell Global Solutions International B.V.,, Acit, International C/O. Bsr Associates & Llp Vs Taxation-1 903, Commerce House V Ahmedabad. Nr.Vodafone House Prahaladnagar Corporation Road, Ahmedabad. Pan : Aaics 3589 H (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar : Dr. Darsi Suman Ratnam, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 05/09/2024 & 06/12/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/12/2024

220,39,59,249 1.1. The learned AO / TPO has erred on the facts and in law and learned DRP has further erred in confirming the action of the AO / TPO on the fact and in law in applying the transfer pricing ('TP') provisions and making a TP adjustment of Rs.215,34,57,741 to the value of international transactions

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,MUMBAI vs. THE ACIT, INTL. TAXN.-2, AHMEDABAD

In the result, the appeal of the assessee is partly allowed, while the CO filed by the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarwith Co No.20/Ahd/2022 Assessment Year : 2014-15 & 1783/Ahd/2019 Assessment Year : 2015-16 Shell Global Solutions International B.V.,, Acit, International C/O. Bsr Associates & Llp Vs Taxation-1 903, Commerce House V Ahmedabad. Nr.Vodafone House Prahaladnagar Corporation Road, Ahmedabad. Pan : Aaics 3589 H (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ar : Dr. Darsi Suman Ratnam, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 05/09/2024 & 06/12/2024 घोषणा क" तारीख /Date Of Pronouncement: 18/12/2024

220,39,59,249 1.1. The learned AO / TPO has erred on the facts and in law and learned DRP has further erred in confirming the action of the AO / TPO on the fact and in law in applying the transfer pricing ('TP') provisions and making a TP adjustment of Rs.215,34,57,741 to the value of international transactions

R. K. TRADING COMPANY,,AHMEDABAD vs. DCIT. CIR 5(3),, AHMEDABAD

In the result, assessee’s appeal is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 2609/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2014-15) R. K. Trading Company Dy.Cit बनाम/ 89, Hirabhai Market, Circle – 5(3), Ahmedabad Vs. Diwan Ballubhai Road, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabfr0845B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri M. K. Patel, Advocate ""यथ" क" ओर से / Ms. Anam Benish, Sr. D.R. Respondent By : सुनवाई क" तार"ख / Date Of 10/11/2022 Hearing घोषणा क" तार"ख /Date Of 22/12/2022 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 20.10.2017 Passed By The Ld. Commissioner Of Income Tax (Appeals), Ahmedabad – 5 (In Short ‘Cit(A)’) Arising Out Of The Assessment Order Dated 27.12.2016 Passed By The Learned Acit, Circle-5(3), Ahmedabad Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2014-15. Ita No. 2609/Ahd/2017 (R. K. Trading Company Vs. Dcit) A.Y. 2014-15 - 2 - 2. Ground Nos. 1 To 3 Relates To Disallowance Of Donation Given By The Assessee To M/S. Herbicure Healthcare Bio-Herbal Research Foundation, Kolkata. At The Very Threshold Of The Matter, Ld. Advocate Appearing For The Assessee Submitted Before Us That The Issue Is Squarely Covered By The Judgment Passed By The Co-Ordinate Bench In Ita No. 2888/Ahd/2017, On 20.09.2019 In Favour Of The Assessee, Whereas, Ld. Dr Relied Upon The Orders Passed By The Authorities Below.

220/- Sales Promotion Expenses (NIL TDS) A/c - Rs. 35,91,147/- Sales Promotion Expenses (Cont) A/c - Rs. 9,87,018/- However, it seems that while submitting the. details," ledger account of only "Sales Promotion Expenses (NIL TDS)" has been submitted. We are hereby submitting herewith the copy of Ledger of all the 3 accounts for your record. Annexure

THE ITO, WARD-1(2)(4), AHMEDABAD vs. SHRI. SURESHCHANDRA SHANTILAL BRAHMBHATT, AHMEDABAD

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

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2016-17 Income Tax Officer, Shri. Sureshchandra Shantilal Ward-1(2)(4), Ahmedabad, Brahmbhatt, Room No. 220, V. 4 Shreenath Bangalow Part-2 2Nd Floor, Aayakar Bhawan, Opp. Matrushree Party Plot, Near Sachin Tower, Vejalpur, Chandkheda, Ahmedabad-380005 Ahmedabad-380051, Gujarat Gujarat Pan:Actpb8904H (Appellant) (Respondent) Assessee By: Sh. Tushar Hemani, Sr. Ar & Sh. Parimalsinh Parmar, Ar Revenue By: Sh. Prasad Rao Waghe Annasaheb, Sr. Dr Date Of Hearing: 25.01.2024 Date Of Pronouncement: 03.04.2024

220, v. 4 Shreenath Bangalow Part-2 2nd Floor, Aayakar Bhawan, Opp. Matrushree Party Plot, Near Sachin Tower, Vejalpur, Chandkheda, Ahmedabad-380005 Ahmedabad-380051, Gujarat Gujarat PAN:ACTPB8904H (Appellant) (Respondent) Assessee by: Sh. Tushar Hemani, Sr. AR & Sh. Parimalsinh Parmar, AR Revenue by: Sh. Prasad Rao Waghe Annasaheb, Sr. DR Date of hearing: 25.01.2024 Date of pronouncement

PARIMAL CHANDRAKANT ZAVERI,MUMBAI vs. THE PR. CIT-1, VADODARA

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

220 ITR 657), wherein it was held that the ITO is expected to make an enquiry of a particular item of income and if he does not make an enquiry as expected, that would be a ground for Commissioner of Income Tax to interfere under section 263 holding that the assessment order passed by the A.O. is an erroneous

SHRI CHIRAG P. PATNI,,BARODA vs. THE INCOME TAX OFFICER, WARD-5(4),, BARODA

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

Bench: This Tribunal & Before We Take Up The Grounds Raised By The Assessee, It Will Be Relevant To Recapitulate The Facts Of The Case.

TDS. 2. Holding that legal issues and reliance on judgments applicable to the facts of appellant case cannot be raised before him. Shri Chirag P.Patni vs. ITO Asst.Year 2005-06 3. Not granting the relief by ignoring the territorial tribunal judgment and other judgments squarely applicable to facts of appellant's case. 4. Not considering the submission of appellant That