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:

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 194A of the Act, disallowance under Section 40(a)(ia) of the Act was held to be mandatory. The argument that similar interest payments had been allowed in earlier years was also not accepted

THE ITO, WARD-4(2)(5),, AHMEDABAD vs. SHRI YAGNESH DAYABHAI VYAS, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

TDS as per provisions of Section 194A the assessee has submitted copy of Form No. 26A, as envisaged in Section

ARCHIT CORPORATION,,BHAVNAGAR vs. ITO, WARD-2(3),, BHAVNAGAR

In the result, the appeal filed by the assessee is partly allowed for the statistical purposes

Bench: Shri Waseem Ahmed & Ms Suchitra Kambleआयकर अपील सं./Ita No. 683/Ahd/2018 िनधा"रण वष"/Asstt. Year:2014-2015 Archit Corporation Llp, I.T.O., (Earlier Known As Archit Corporation) Vs. Ward-2(3), 54, Ganesh Krupa, Bhavnagar. Vijayraj Nagar, Bhavnagar.

TDS from payments to resident payees not to be deemed as Assessee in Default if no loss to revenue results due to short deduction/non-deduction-i.e. (A) Payee has included the impugned amount, on which tax was not deducted/short deducted, in his return of income filed under section 139 and pays taxes due on returned income and (B) Payer produces a certificate

SHRI VIRAL ASHISH PARIKH,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-10,, AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 3505/Ahd/2014 िनधा"रण वष"/Asstt. Year: 2011-2012 Viral Ashish Parikh, The A.C.I.T,(Osd), Ashish Bunglow, Vs. Circle-10, Atira Road, Ahmedabad. Panjarapole Cross Road, Ambawadi, Ahmedabad.

TDS from payments to resident payees need not to be deemed as Assessee in Default in the following conditions: (A) Payee has included the impugned amount on which tax was not deducted/short deducted by the payer in his return of income filed under section 139 and pays the taxes due on returned income and (B) Payer produces a certificate

KESHAVPRIYA CORP PVT. LTD,AHMEDABAD vs. THE ITO, WARD-2 TDS, AHMEDABAD

In the result, the appeal of the assessee is dismissed

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

TDS on purchase of aforesaid properties under Section 194-IA of the Act. Accordingly, the Assessing Officer passed order under Section 201(1) and 201(1A) of the Act on 18.02.2020, alongwith order of penalty under Section 271(c) of the Act for non-deduction of tax at source on purchase of such properties. 7. In appeal before

KESHAVPRIYA CORP PVT. LTD,AHMEDABAD vs. THE ADDL.CIT, TDS, AHMEDABAD

In the result, the appeal of the assessee is dismissed

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

TDS on purchase of aforesaid properties under Section 194-IA of the Act. Accordingly, the Assessing Officer passed order under Section 201(1) and 201(1A) of the Act on 18.02.2020, alongwith order of penalty under Section 271(c) of the Act for non-deduction of tax at source on purchase of such properties. 7. In appeal before

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

TDS on the amount of rent under the provisions of section 194 I of the Act. Therefore, as per the provisions of section 40(a)(ia) of the Act, the same cannot be allowed as deduction as business expenses. In this connection we find that, there was the proviso attached to section 40(a)(ia) vide finance Act 2012, which

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

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 u/s 40(a)(ia) of the IT Act and added to the total income. On the other hand the appellant ahs submitted that payee has accounted for these payments in his books of accounts, financial

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 and Rs. 40,866/- as interest. 4. Aggrieved by this order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals). During appellate proceedings, the Kad Steel Rolling Mills vs. ITO Asst. Year –2013-14 - 3– assessee admitted that the forms were indeed filed late but submitted that the delay was due to an inadvertent oversight

NIMBESHWAR GUDADRAM DESAI,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1) (PREVIOUSLY CIRCLE-3(3)), AHMEDABAD

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

Bench: DR. BRR Kumar (Vice President), Shri Siddhartha Nautiyal (Judicial Member)

TDS was admitted by the assessee, CIT(Appeals) I.T.A No. 1436/Ahd/2025 A.Y. 2017-18 5 Nimbeshwar Gudadram Desai vs. DCIT held that this ground of appeal had no merit and upheld the addition. On the second issue relating to disallowance of 10% of certain expenses, the assessee contended that ledgers, audited financials, and specimen vouchers were submitted, and further argued

DCIT, CIRCLE-1(1)(1), AHMEDABAD, AHMEDABAD vs. BLAZENET LIMITED, AHMEDABAD

In the result, the appeal filed by the Department is Dismissed

TDS, allowability of business expenses, and related\ndisallowances. The final assessment order was completed at a total income\nof ₹9,76,16,700/- after making disallowances aggregating to\n₹8,12,33,410/-, including ₹40,34,000/- under section 40(a)(ia) for alleged\nTDS default, ₹2,16,90,868/- out of expenses claimed by the assessee

TORRENT ENERGY LIMITED (NOW MERGED WITH TORRENT POWER LIMITED),AHMEDABAD vs. THE ACIT CIRCLE 4(1)(1), AHMEDABAD

The appeal of the assessee is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2011-12 Torrent Energy Limited The Acit, Cir.4(1)(1) (Now Merged With Torrent Power Ltd) Ahmedabad. Samanvay, 600, Tapovan Ambawadi, Ahmedabad Pan : Aacct 8570 B (Applicant) (Responent) Assessee By : Shri Vartik Chokshi, Ar : Smt.Trupti Patel, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 08/05/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

TDS under Chapter XVII-B of the Act since DSL is located in a notified SEZ and is exempt from income tax. A Form 26A certificate from the Chartered Accountant was submitted in support, and copies of the same were placed at pages 52 to 56 of Paper Book Vol. 2. It was thus submitted that there was no default