DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. AMOL DICALITE LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Royआयकर अपील सं./Ita No. 539/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2008-2009 & आयकर अपील सं./Ita No. 1246/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2010-2011 The D.C.I.T, Amol Dicalite Ltd. Circle-1(1)(1), Vs. 301, Akshay, 53, Ahmedabad Shirmali Society Navrangpura, Ahmedabad

301, Akshay, 53, Ahmedabad Shirmali Society Navrangpura, Ahmedabad PAN : AABCA2807K (Applicant) (Respondent) : Revenue by Ms. Sonia Kumar, Sr. DR Assessee by : Shri S.N. Soparkar, A.R. सुनवाई क" तार"ख/Date of Hearing : 29/01/2019 घोषणा क" तार"ख /Date of Pronouncement: 27/03/2019 आदेश/O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeals have been filed

SHRI DINESH MILLS LTD.,BARODA vs. THE ACIT, CIRCLE -2(1)(1), BARODA

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

section 14A read with rule 8D of Income Tax Rule in the own case of the assessee pertaining to the assessment year 2010-11 in ITA No.77/ AHD/2014, wherein it was held as under: ITA No.781/Ahd/2016 & 3 others Shree Dinesh Mills Ltd. vs. DCIT/ACIT (cross-appeals) Asst.Years – 2012-13 & 2013-14 “14. So far ground with regard to deleting

THE DCITANAND CIRCLE,, ANAND vs. ELECON ENGINEERING CO.LTD.,, ANAND

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Roysr.No.

301/- should have been disallowed in the assessment treating the same as capital expenditure. Omission to do so, resulted in incorrect allowance of the expenditure to the extent of Rs. 1,34,95,397/- and thus underassessment of income to that extent accordingly. 3. The provisions of Section 145A of the Act mandate inclusive method of accounting for the purpose

THE DCITANAND CIRCLE,, ANAND vs. ELECON ENGINEERING CO.LTD.,, ANAND

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Roysr.No.

301/- should have been disallowed in the assessment treating the same as capital expenditure. Omission to do so, resulted in incorrect allowance of the expenditure to the extent of Rs. 1,34,95,397/- and thus underassessment of income to that extent accordingly. 3. The provisions of Section 145A of the Act mandate inclusive method of accounting for the purpose

THE DY. CIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT MICROWAX LTD.,, AHMEDABAD

In the result, both of the Appeals of Revenue are partly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

301 days from actual date, that on 01.08.2008 the rate for all quantities was same, that Page 22 of 51 ITA No.2682 & 2683/Ahd/2016 A.Y. 2011-12 and 2012-13 Gujarat Microwax Pvt. Ltd. volume had no impact on rate. Departmental Representative (DR) supported the orders of the TPO and DRP. 3.2. We have heard the rival submissions and perused

THE DY. CIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT MICROWAX LTD.,, AHMEDABAD

In the result, both of the Appeals of Revenue are partly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

301 days from actual date, that on 01.08.2008 the rate for all quantities was same, that Page 22 of 51 ITA No.2682 & 2683/Ahd/2016 A.Y. 2011-12 and 2012-13 Gujarat Microwax Pvt. Ltd. volume had no impact on rate. Departmental Representative (DR) supported the orders of the TPO and DRP. 3.2. We have heard the rival submissions and perused

THE ITO, WARD-3(1)(1),, AHMEDABAD vs. M/S. NASCENT INFO TECHNOLOGIES PVT. LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & M/S. Madhumita Royआयकर अपील सं./I.T.A. No. 2828/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) बनाम/ Ito M/S. Nascent Info Technologies Pvt. Ltd. Ward-3(1)(1), Vs. A-805, Sapath-Iv, Opp. Ahmedabad Karnavati Club, Ahmedabad- 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aac Cn3 670 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Santosh Karnani, Sr. Dr ""यथ" क" ओर से / Respondent By: Mehul K. Patel, Ar सुनवाई क" तार"ख / Date Of Hearing 13/02/2019 घोषणा क" तार"ख /Date Of Pronouncement 27/03/2019 आदेश/O R D E R Per Waseem Ahmed - Am:

301 ITR 29, the Hon'ble Delhi High Court held that provisions of section 27l(1)(c) is attracted only in those instances where the assessee has concealed the particulars of his income or has furnished inaccurate particulars of such income with an intention to mislead the revenue. The Hon'ble Gujarat High Court in the case of National Textiles

THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. AMOL DICALITE LTD.,, AHMEDABAD

Appeals are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

301, Akshay, 53, Shrimali Ahmedabad. Society, Navrangpura, Ahmedabad – 380 009. [PAN No. AABCA 2707 K] (Appellant) .. (Respondent) Appellant by : Shri Vinod Tanwani, Sr. D .R. Respondent by : Shri S. N. Soparkar, A. R. 01.05.2019 Date of Hearing Date of Pronouncement 03.05.2019 O R D E R PER Ms. MADHUMITA ROY - JM: Both the appeals filed by the revenue are against

THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. AMOL DICALITE LTD.,, AHMEDABAD

Appeals are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

301, Akshay, 53, Shrimali Ahmedabad. Society, Navrangpura, Ahmedabad – 380 009. [PAN No. AABCA 2707 K] (Appellant) .. (Respondent) Appellant by : Shri Vinod Tanwani, Sr. D .R. Respondent by : Shri S. N. Soparkar, A. R. 01.05.2019 Date of Hearing Date of Pronouncement 03.05.2019 O R D E R PER Ms. MADHUMITA ROY - JM: Both the appeals filed by the revenue are against

AXIS BANK LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-1 NOW CIRCLE-1(1)(1), AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedsl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 311/Ahd/2016 2010-11 Axis Bank Limited, D.C.I.T., “Trishul”, 3Rd Floor, Circle-1(1)(1) Opp. Samtheshwar Ahmedabad. Mahadev Near Law Garden, Ellisbridge, Ahmedabad-380006. Pan: Aaacu2414K 2. 2176/Ahd/2016 2011-12 Axis Bank Limited, D.C.I.T., “Trishul”, 3Rd Floor, Circle-1(1)(1) Opp. Samtheshwar Ahmedabad. Mahadev Near Law Garden, Ellisbridge, Ahmedabad-380006. Pan: Aaacu2414K 3. 2173/Ahd/2016 2011-12 D.C.I.T., Axis Bank Limited, Circle-1(1)(1) Ahmedabad. Ahmedabad. Pan: Aaacu2414K 4. 165/Ahd/2017 2012-13 Axis Bank Limited, D.C.I.T., Ahmedabad. Circle-1(1)(1) Ahmedabad. Pan: Aaacu2414K 5. 287/Ahd/2017 2012-13 D.C.I.T., Axis Bank Limited, Circle-1(1)(1) Ahmedabad. Ahmedabad. Pan: Aaacu2414K 6-7 520 & 2013-14 Axis Bank Limited, D.C.I.T., 521/Ahd/2018 & Ahmedabad. Circle-1(1)(1) 2014-15 Ahmedabad. Pan: Aaacu2414K 8-9 604 & 605/ 2013-14 D.C.I.T., Axis Bank Limited, Ahd/2018 & Circle-1(1)(1) Ahmedabad. 2014-15 Ahmedabad. Pan: Aaacu2414K

section 43D is a beneficial provision but the provision iS very clear when it states that " {a} in the case of a scheduled bank the income by way of interest in relation to such categories of bad and^dou^btful debts as may be prescribed having regard to the guidelines issued by the Reserve Bank of India in relation

FORTUNE BARODA NETWORK PVT. LTD.,,VADODARA vs. THE PR. CIT-1,, VADODARA

In the result, the appeal of the assessee is dismissed

301, Yesha Vadodara-1, Apartment, Vs Vadodara Near Jain temple, (Respondent) Manjalpur, Vadodara PAN: AAACF7861P (Appellant) Revenue by: Shri N.S.A Khan, CIT-D.R. Assessee by: Shri Sunil Talati, A.R. Date of hearing : 18-02-2019 Date of pronouncement : 11-03-2019 आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- This assessee’s appeal for A.Y. 2005-06, arises from order

P. K. PARIKH, HUF,VADODARA vs. THE ITO, WARD-3(1)(1), VADODARA

In the result, the appeal of the assessee is allowed

Bench: Or During The Hearing Of This Appeal.

TDS of Rs. 6,32,301/- net tax refundable was Rs. 1,43,380/-. The Assessing Officer assessed the income of the assessee at Rs. 81,85,100/- and made addition of Rs. 59,93,015/- in respect of amount disallowed u/s. 43B regarding any sum in the nature of tax, duty, cess, or if under any other

M/S. SAKARLAL BALABHAI & COMPANY LTD,MUMBAI vs. THE ITO, WARD-4(1)(1), AHMEDABAD

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

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2012-13 M/S. Sakarlal Balabhai & Co. Ltd., Income Tax Officer, 1001/6, 10Th Floor, Ankush Apartment, Vs Ward 4(1)(1), 10Th Khetwadi Lane, Grant Road, Ahmedabad Mumbai-400004 Pan : Aadcs 0862 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bimlendu Bhusan, Ar Revenue By : Shri V.K. Mangla, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 05/09/2022 घोषणा क" तार"ख /Date Of Pronouncement: 07/09/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-8, Ahmedabad [“Cit(A) In Short]” Dated 20.09.2019 & The Grounds Raised By The Assessee Therein Read As Under:- “1. Learned Cit(A) Has Neither Discussed Anything Related To The Disallowance Made By The Ld. Assessing Officer Nor Considered Any Grounds Related To That Raised By The Us For Which Actually Appeal Has Been Filed By The Appellant. 2. The Learned Cit(A) Has Claimed That The Appellant Is Involved In Only Investment Activity & Does Not Have Any Business Activity & We Do Not Agree With It.”

TDS on the same. For genuineness of transaction, we have attached ledger confirmation of all this parties. This loan amount is received by company to keep the company going and make its expenses on time to time basis. Provided that any amount of the commission paid, in respect of capital borrowed for extension of existing business or profession. The Income

THE DCIT ( INTERNATIONAL TAXATION ),, AHMEDABAD vs. BLACK PEARL SERVICES LIMITED, G.S.E.C. LTD., AHMEDABAD

Appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms Madhumita Royआयकर अपील सं./Ita Nos. 2813-2815/Ahd/2017 "नधा"रण वष"/Asstt. Years: 2011-2012 To 2013-14 The D.C.I.T, Black Pearl Services Limited, (International Taxation), Vs. 2Nd Floor, Gujarat Chamber Of Ahmedabad Commerce Building, ‘’Sangram.’’ Ashram Road, Ahmedabad. Pan: Aaecb1176H

301/-. The assessee made this payment without the deduction of TDS. Accordingly, the AO issued SCN to the assessee. 13.1 The assessee in compliance of such notice submitted that the PMC machinery bearing PAN No AADCP5841L has paid tax on such income. According to the second proviso to section

THE DCIT ( INTERNATIONAL TAXATION ),, AHMEDABAD vs. BLACK PEARL SERVICES LIMITED, G.S.E.C. LTD., AHMEDABAD

Appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms Madhumita Royआयकर अपील सं./Ita Nos. 2813-2815/Ahd/2017 "नधा"रण वष"/Asstt. Years: 2011-2012 To 2013-14 The D.C.I.T, Black Pearl Services Limited, (International Taxation), Vs. 2Nd Floor, Gujarat Chamber Of Ahmedabad Commerce Building, ‘’Sangram.’’ Ashram Road, Ahmedabad. Pan: Aaecb1176H

301/-. The assessee made this payment without the deduction of TDS. Accordingly, the AO issued SCN to the assessee. 13.1 The assessee in compliance of such notice submitted that the PMC machinery bearing PAN No AADCP5841L has paid tax on such income. According to the second proviso to section

THE DCIT ( INTERNATIONAL TAXATION ),, AHMEDABAD vs. BLACK PEARL SERVICES LIMITED, G.S.E.C. LTD., AHMEDABAD

Appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms Madhumita Royआयकर अपील सं./Ita Nos. 2813-2815/Ahd/2017 "नधा"रण वष"/Asstt. Years: 2011-2012 To 2013-14 The D.C.I.T, Black Pearl Services Limited, (International Taxation), Vs. 2Nd Floor, Gujarat Chamber Of Ahmedabad Commerce Building, ‘’Sangram.’’ Ashram Road, Ahmedabad. Pan: Aaecb1176H

301/-. The assessee made this payment without the deduction of TDS. Accordingly, the AO issued SCN to the assessee. 13.1 The assessee in compliance of such notice submitted that the PMC machinery bearing PAN No AADCP5841L has paid tax on such income. According to the second proviso to section

BHIKHABHAI HIRABHAI PATEL,AHMEDABAD vs. DCIT, CPC, TDS, GHAZIABAD

In the result, all the 04 appeals filed by the assessee are allowed

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Roy

TDS @1%. The AO thus held that all the four assessees as defaulter u/s. 201(1) and created a total liability @ 1% i.e. Rs. 1,50,000/- by a common order u/s. 201(1) of the Act and Ld. CIT(A) confirmed the findings of the AO. During the hearing, Ld. Counsel for the assessee draw our attention towards

DHARAMTAR MOTORS SERVICES PETROLEUM PRODUCT,,AHMEDABAD vs. THE ITO, WARD-6(1)(4),, AHMEDABAD

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 1438 & 2534/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 M/S Dharamtar Motor Services Income Tax Officer, Petroleum Product, Vs. Ward 6(1)(4) C/O. Ketan H. Shah, Advocate 903, Ahmedabad. Sapphire Complex, C.G. Road, Navrangpura, Ahmedabad. Pan: Aabfd9182F

TDS By Other 14235 25. Vishnu D Desai 34000 26. Share Suryachandra Laboratories 500 27. JL Shah Co. 3000 28. PJ Shah 3000 29. Income Tax Exp.2010 3810 Total 13935033 2.2 The assessee in the year under consideration has credited and debited the partners capital account namely Chandrakant N Shah by the amount of aforesaid loan taken from the parties