THE MEHSANA URBAN CO. OPERATIVE BANK LTD.,MEHSANA vs. THE ACIT, MEHSANA CIRCLE , MEHSANA

In the result, the appeal of the assessee in ITANo

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyal

section 36(1)(viii) of the Act. The order passed by the ld.CIT(A) on this issue is therefore set aside and ground raised by the assessee is allowed. 30. Ground No.3 and 4 are raised by the assessee relating to the issue of addition made to the income of the assessee on account of mismatch in the income reported

KIRI INDUSTRIES LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-2(1)(1), AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Dr.Brr Kumarshri Tr Senthil Kumar

36(1)(iii) cannot go together as the same results in double taxation not permissible as per the scheme of the Act. 9. Both the lower authorities have passed the orders without properly appreciating the facts and they further erred in grossly ignoring various submissions, explanations. and information submitted by the appellant from time to time which ought to have

SANKALP RECREATION PRIVATE LIMITED,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

36,89,277 12,48,87,401 8.1. The AO treated the entire unaccounted cash receipts as the income of the assessee for the relevant assessment years. The AO did not allow for any deductions or expenses related to these receipts, effectively treating the gross receipts as taxable income. The AO also made an addition under Section 69C, treating

THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. SANKALP RECREATION PVT. LTD., AHMEDABAD

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

36,89,277 12,48,87,401 8.1. The AO treated the entire unaccounted cash receipts as the income of the assessee for the relevant assessment years. The AO did not allow for any deductions or expenses related to these receipts, effectively treating the gross receipts as taxable income. The AO also made an addition under Section 69C, treating

INTAS BIOPHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DY.COMMISSIONER OF INCOME TAX,CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 865/Ahd/2016 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2011-12) िनधा"रण वष" िनधा"रण वष" Intas The Dy. Commissioner Of बनाम बनाम/ बनाम बनाम Biopharmaceuticals Ltd. Income Tax Vs. Plot 423/P/A, Sarkhej Circle-2(1)(1), Ahmedabad Bavla Highway, Moraiya, Sanand, Ahmedabad, Gujarat, 382213 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabci4722M (Appellant) .. (Respondent) Shri Bandish Soparkar & Shri Parin अपीलाथ" ओर से /Appellant By : Shah, Ars. ""यथ" क" ओर से/Respondent By : Dr. Darsi Suman Ratnam, Cit. Dr & Shri Ashish Rajesh Revar, Sr. Dr Date Of Hearing 24/07/2024 Date Of Pronouncement 07/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income-Tax (Appeals)-7, Ahmedabad (In Short ‘The Cit(A)’) Dated 20.01.2016 For The Assessment Year 2011-12. Ita No. 865/Ahd/2016 [Intas Biopharmaceuticals Ltd. Vs. Dcit] A.Y. 2011-12 - 2 –

TDS under Section 195 r.w.s. 40(a)(ia) of the Act. The AO, however, was of the opinion that the source of ITA No. 865/Ahd/2016 [Intas Biopharmaceuticals Ltd. vs. DCIT] A.Y. 2011-12 - 15 – income of the non-residents was in India and, therefore, their income was deemed to be accrued or arisen in India under Section

SAFAL HOSPITALITY AND MAINTANANCE SERVICE,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(2), AHMEDABAD

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

Bench: Ms. Suchitra Kamble (Judicial Member)

section 36(1)(va). The Assessing Officer also made addition of Rs. 41,649/- towards excess payments/receipts appearing in form 26AS. The Assessing Officer also made addition of Rs. 7800/- 7 I.T.A No. 76/Ahd/2019 A.Y. 2015-16 Page No. Safal Hospitality and Maintainance Service vs. DCIT towards depreciation and addition of Rs. 330/- in respect of TDS

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

36(1)(iii) of the Act. Accordingly, this ground of appeal raised by the Revenue stands dismissed. Ground Nos. 7 and 8 (original) and Revised Ground Nos. 12 and 13: Deletion of Disallowance amounting to Rs.8,70,747/- under section 14A read with Rule 8D and corresponding adjustment to book profits under section 115JB 88. The Assessing Officer, during

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

36(1)(iii) of the Act. Accordingly, this ground of appeal raised by the Revenue stands dismissed. Ground Nos. 7 and 8 (original) and Revised Ground Nos. 12 and 13: Deletion of Disallowance amounting to Rs.8,70,747/- under section 14A read with Rule 8D and corresponding adjustment to book profits under section 115JB 88. The Assessing Officer, during

PAWAN EDIFICE PVT. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(2), VADODARA

Appeals are partly allowed for\nstatistical reasons

36(i)(iii) of Rs.5,95,000/- despite the fact that the advances\nwere given for business purposes only.\n3.\nThe Learned Commissioner of Income Tax (Appeals) erred in confirming\naddition of Rs.8,04,000/- being notional interest advances or rent given for\nbusiness purposes.\n4.\nThe Learned Commissioner of Income Tax (Appeals) erred in confirming\ndisallowance of site expenses

PAWAN EDIFICE PVT. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(2), VADODARA

36(i)(iii) of Rs.5,95,000/- despite the fact that the advances\nwere given for business purposes only.\n3. The Learned Commissioner of Income Tax (Appeals) erred in confirming\naddition of Rs.8,04,000/- being notional interest advances or rent given for\nbusiness purposes.\n4. The Learned Commissioner of Income Tax (Appeals) erred in confirming\ndisallowance of site expenses

THE DY.CIT, CENTRAL CIRCLE-1, VADODARA vs. PAWAN EDIFICE PVT. LTD., VADODARA

Appeals are partly allowed for\nstatistical reasons

36(i)(iii) of Rs.5,95,000/- despite the fact that the advances\nwere given for business purposes only.\n3.\nThe Learned Commissioner of Income Tax (Appeals) erred in confirming\naddition of Rs.8,04,000/- being notional interest advances or rent given for\nbusiness purposes.\n4.\nThe Learned Commissioner of Income Tax (Appeals) erred in confirming\ndisallowance of site expenses

JITENDRA PRAKASHCHANDRA SHAH,AHMEDABAD vs. ACIT, CIRCLE-1(1)(1), AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

36(1)(iii) of the Act since the same has been incurred for the purpose of business and profession. The remaining expenditure of Rs. 10,11,097/- was interest expenditure in the personal set of books of the assessee and claimed under Section 57 of the Act against the interest income of Rs. 52,893/- earned during the year under

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 not applicable in the case of NBFCs. The Assessing Officer held that the failure to deduct tax attracted disallowance of 30% of the expenditure under section 40(a)(ia) of the Act, and accordingly disallowed Rs. 12,36

UMA INDUSTRIES,MEHSANA vs. ITO, WARD-2, GANDHINAGAR

In the result, appeal filed by the assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmeduma Industries V/S Income Tax Officer C/O. Utsav Selection, Main Ward – 2, Gandhinagar Bazar, Kukurvada, Tal. Vijapur, Dist. Mehsana (Appellant) (Respondent)

TDS of Rs. 17,764/- . The appellant has thus drawn the credit balance of Rs.1,36,151/- as on 31.03.2011. However, the appellant has shown the opening balance as on 01.04.2011 at Rs.2,19,313/- which has been carried forward till 31.03.2013 and written off as bad debt. Further, the balance of Rs. 1,36,151/- was on account

VISHAL PLASTOMERS PVT. LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE-8,, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

section 41(1) of the Act. 19. Brief facts relating to the issue are that during assessment proceedings the AO noted credit balances outstanding in the books of the assessee from the past three years amounting to Rs.6,06,53,992/- on account of which the assesee failed to submit any confirmation of the balances. Accordingly, he treated the liability

THE ITO, WARD-8(4),, AHMEDABAD vs. VISHAL PLASTOMERS PVT. LTD.,, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

section 41(1) of the Act. 19. Brief facts relating to the issue are that during assessment proceedings the AO noted credit balances outstanding in the books of the assessee from the past three years amounting to Rs.6,06,53,992/- on account of which the assesee failed to submit any confirmation of the balances. Accordingly, he treated the liability

ASSTT. COMMISSIONER OF INCOME TAX,, CENTRAL CIRCLE - 1(4), AHMEDABAD vs. MAHALAXMI INFRACONTRACT PVT. LTD., AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

TDS u/s.37 of the Act. On plain reading of the section 37(1), it is seen that expenses which are not specifically allowed as deduction, can be claimed as deduction provided certain condition are fulfilled. In other words, as per section 37(1) of the Act, an expenditure can be claimed as a deduction while computing income from "business

ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), AHMEDABAD vs. MAHALAXMI INFRACONTRACT PRIVATE LIMITED, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

TDS u/s.37 of the Act. On plain reading of the section 37(1), it is seen that expenses which are not specifically allowed as deduction, can be claimed as deduction provided certain condition are fulfilled. In other words, as per section 37(1) of the Act, an expenditure can be claimed as a deduction while computing income from "business