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

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

Section 273B of the I.T. Act and therefore the impugned penalty is bad in law. It is therefore prayed that the impugned order may please be cancelled. 7. On the facts of the case as well as in law, learned CIT (A) grossly erred in confirming the impugned penalty order without appreciating the fact that the demand notice

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

The appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

Section 273B of the I.T. Act and therefore the impugned penalty is bad in law. It is therefore prayed that the impugned order may please be cancelled. 7. On the facts of the case as well as in law, learned CIT (A) grossly erred in confirming the impugned penalty order without appreciating the fact that the demand notice

SUZLON GUJARAT WIND PARK LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

In the result, the appeal of the assessee is partly allowed in the above\nterms

244 of the Act for ready\nreference:\nInterest on refunds.\n244A. (1) [Where refund of any amount becomes due to the assessee 94 under this Act],\nhe shall, subject to the provisions of this section, be entitled to receive, in addition to\nthe said amount, simple interest thereon calculated in the following manner, namely :-\n[(a) where the refund

THE KALUPUR COMMERCIAL CO.-OPERATIVE BANK LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

TDS, a sum of ₹16,00,00,000/- as advance tax, and a sum of ₹1,90,00,000/- as self-assessment tax, which was paid on 30th July 2011. The return was processed under section 143(1) by the Centralized Processing Centre (CPC) on 7th August 2012, resulting in a refund of ₹93,20,690/-. Thereafter, the case

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

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) initiated proceedings under section 201(1) and 201(1A) of the Income-tax Act, 1961 (Act) on the assessee based on information received from ITO, Ward 3(2)(9), Ahmedabad. During the assessment of M/s Kad Steel Rolling for A.Y. 2013–14, it was found that the assessee had paid interest of Rs. 4,29,244

NIRMA LIMITED,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1) NOW DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD

Appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Ms. Suchitra R. Kambleिनधा"रण वष"/Assessment Year: 2013-14 Nirma Limited, The Dy. Commissioner Of Vs. Nirma House, Ashram Road, Income-Tax, Ahmedabad-380 009 Circle-3(1)(1), Pan : Aaacn 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Sanjay Kumar, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 11.07.2024 घोषणा क" तारीख /Date Of Pronouncement: 09.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income-Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 10.04.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2013-14. 2. The Effective Ground Raised By The Assessee Is As Follows:-

TDS or advance tax, and not on self-assessment tax paid. That the assessee accordingly shall be entitled to interest u/s 244A(1)(b) of the Act on the refund of self-assessment tax as well. 10. Our attention was also drawn to paragraph No.12 reflecting the findings of the Tribunal in the said case to the effect that

M/S. KAMLESH GANDHI INFRASTRUCTURE,BARODA vs. THE DY.CIT, CIRCLE-1(2), VADODARA

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

TDS and the same was not added back while working out the return of income. The same was also disallowed relying upon the provision of Section 37(1); the assessee’s submission that the same was wrongly claimed was also taken into consideration by the Ld. AO. During the penalty proceeding the assessee made a detailed reply to the authorities

DCIT, CIRCLE-2(1)(2), AHMEDABAD vs. KOTA BARAN TOLLWAY PVT. LTD, AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Makarand Vasant Mahadeokar

244 (Hyderabad Tribunal), the ITAT held that the amount of statutory disallowance under Section 40(a)(ia) of the Act has to be considered as business profit eligible for deduction under Section 10A of the Act. 14. In the case of Sharavathi Pathina Sahakara Sangha Niyamitha vs. ITO 144 taxmann.com 170 (Bangalore Tribunal), the ITAT held that where disallowance

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE ACIT.,(OSD) RANGE-1,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

THE DCIT(OSD) RANGE-1,, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

THE DCIT(OSD) RANGE-1,, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,(OSD),, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

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

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

CORRTECH INTERNATIONAL PVT. LTD.,AHMEDABAD vs. THE ADDL. CIT, TDS RANGE,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case

CORRTECH INTERNATIONAL PVT. LTD.,AHMEDABAD vs. THE ADDL. CIT, TDS RANGE,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

Section 273B provides that in case reasonable cause is shown, penalty u/s 272A(2) must not be levied. The Assessee could not file TDS returns in time on account of reasons discussed hereinabove. Since the same is a reasonable cause, penalty cannot be levied. The Ld. AR relied upon the decision of the Hon’ble Apex Court in case