CREST SPECIALITY RESINS PRIVATE LIMITED,KHEDA, GUJARAT vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), AHMEDABAD (NOW DCIT, CIRCLE 1(1)(1), AHMEDABAD), AHMEDABAD, GUJARAT

In the result, the appeal of the assessee is allowed for both the years under consideration

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

40A(2)(b) stating that assessee has failed to establish the genuineness of the expenditure. On perusal of the material on record, it is observed that during the course of assessment, the assessee has explained the specific services rendered by the parties to whom the commission was paid along with the detail of their expenses and TDS on the transaction

JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

B it becomes clear that any industrial undertaking, which becomes eligible on satisfying sub-section(2), would be entitled to deduction under sub-section (1) only to the extent of profits derived from such industrial undertaking after specified date(s). Hence, apart from eligibility, sub-section (1) purports to restrict the quantum of deduction to a specified percentage of profits

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

B it becomes clear that any industrial undertaking, which becomes eligible on satisfying sub-section(2), would be entitled to deduction under sub-section (1) only to the extent of profits derived from such industrial undertaking after specified date(s). Hence, apart from eligibility, sub-section (1) purports to restrict the quantum of deduction to a specified percentage of profits

APEX HEALTH CARE LIMITED,ANKLESHWAR vs. THE ACIT, CIRCLE-2, BHARUCH PRESENT JURIDICTION THE DY.CIT, CENTRAL CIRCLE-2, VADODARA

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

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 40A(2)(b) of the Act. I.T.A No. 547/Ahd/2023 A.Y. 2015-16 Page No 3 Apex Health Care Ltd. vs. DCIT 2.2. In reply the assessee justified the increase by stating that on verification of the job work charges billed, it was much lesser than the cost incurred for doing job work. In view of the same, charges were

SABRI CHEMICALS PVT. LTD.,,BARODA vs. THE ACIT, CIRCLE-2(1)(1),, BARODA

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

Bench: Shri Waseem Ahmed & Smt Madhumita Royआयकर अपील सं./I.T.A. No. 1019/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) Sabri Chemicals Pvt. Ltd., Acit, बनाम/ A/2/236, Gidc, Nandesari, Circle 2(1)(1), Vs. Baroda – 391 340. Baroda. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccs 9406 K .. (अपीलाथ"/Appellant) (""यथ" / Respondent) Shri M. J. Shah, A.R. अपीलाथ" ओर से/ Appellant By : Shri Lalit P. Jain, Sr. D.R. ""यथ" क" ओर से/Respondent By:

40A(2)(b) and those who are not covered. But absence of such distinction cannot be taken to mean that the AO cannot lift the corporate veil and look into the real nature of transaction to establish that the apparent is not real and the transaction entered into by an assessee is nothing but a colourable Sabri Chemicals Pvt.Ltd

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-8,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

b) where the accounts are not correct or complete. In the case of the former, the Assessing Officer is empowered to compute the income upon such basis and in such manner as he may determine. So far as the latter is concerned, the Assessing Officer is empowered to make a best judgment assessment as provided in section 144, that

THE DCIT, CIRCLE-8,, AHMEDABAD vs. SHIVAM WATER TREATERS PVT. LTD.,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

b) where the accounts are not correct or complete. In the case of the former, the Assessing Officer is empowered to compute the income upon such basis and in such manner as he may determine. So far as the latter is concerned, the Assessing Officer is empowered to make a best judgment assessment as provided in section 144, that

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

b) where the accounts are not correct or complete. In the case of the former, the Assessing Officer is empowered to compute the income upon such basis and in such manner as he may determine. So far as the latter is concerned, the Assessing Officer is empowered to make a best judgment assessment as provided in section 144, that

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-8, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

b) where the accounts are not correct or complete. In the case of the former, the Assessing Officer is empowered to compute the income upon such basis and in such manner as he may determine. So far as the latter is concerned, the Assessing Officer is empowered to make a best judgment assessment as provided in section 144, that

CREST SPECIALITY RESINS PRIVATE LIMITED,KHEDA, GUJARAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), AHMEDABAD (NOW DCIT, CIRCLE 1(1)(1),AHMEDABAD), AHMEDABAD, GUJARAT

In the result, the appeal of the assessee is allowed for both the years under\nconsideration

40A(2)(b) of the Act, with respect to similar\ncommission expenses. Copy of the order passed by the ITAT has been placed\non record before us.\n\n15. Further, the Counsel for the assessee submitted that even for A.Y. 2014-\n15 the ITAT Ahmedabad in assessee's own case in ITA No. 2917/Ahd/2017\nvide order dated 23.02.2022 deleted similar

CREST COMPOSITES & PLASTICS PVT. LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

In the result, appeal of the assessee is allowed in respect of Ground

section 40A(2)(b) of the Act. In response thereto, the assessee vide letter dated 22.11.2016 furnished details of services rendered, which were towards commission for collection of old and doubtful debts, sales promotion, commission for loan syndication through SIDBI. The Ld. AO however rejected the assessee’s claim by holding that no documentary evidence was I.T.A No. 2917/Ahd/2017

THE ITO, WARD-2(1)(2),, AHMEDABAD vs. KRONE FINSTOCK PVT. LTD.,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No.2917/Ahd/2015 ("नधा"रण वष" / Assessment Year : 2012-13) The Income Tax Krone Finstock Pvt. Ltd., बनाम/ Officer, “Monarch House” Vs. Ward-2(1)(2), Opp: Ishwar Bhuwan, Ahmedabad Nr. Commerce Six Road, Navrangpura, Ahmedabad – 380 009 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacck 9850 B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Shri T. Sankar, Sr. D.R. अपीलाथ" ओर से / Appellant By : ""यथ" क" ओर से/Respondent By : Shri S. N. Divatia, A.R.

section 40A(2)(b) of the I. T. Act, 1961. It was also observed that assessee company have its client base in Ahmedabad since long and there was no reason to utilise the infrastructure facility of Monarch Research and Brokerage Pvt. Ltd. and Monarch Project and Finmarkets Ltd., Guregaon, situated outside Ahmedabad. As per the MOU agreement which was executed

THE ITO, WARD-3(1)(1),, AHMEDABAD vs. M/S POGGEN AMP NAGARSHETH POWERTRONICS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the revenue is dismissed

TDS u/s. 194A was duly deducted. However the assessing officer had not accepted the explanation of the assessee and he was of the view that M/s. Posco Pune Processing Pvt. Ltd. was an associated concern of the assessee covered by section 40A(2)(b

SHRI SAMIR TRIKAMLAL PRAJAPATI,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3,, MEHSANA

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

Bench: Shri Waseem Ahmed & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No. 882/Ahd/2015 ("नधा"रण वष" / Assessment Year : 2011-12) Shri Samir Trikamlal The Ito, बनाम/ Prajapati, Ward – 3, Vs. C/O Vijay Metal & Engg. Mehsana Corporation, Block No.C/6, Kartik Complex, Melamail Compound, Mahendra Mill, Kalol – 382 721 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abipp 7876 N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri U. S. Bhati & Abhimanyu Singh Bhati, A.R. ""यथ" क" ओर से/Respondent By : Shri Uma Shankar Prasad, Sr. D.R.

Section 40A(2)(b) of the Act. iv. Shri Vikrant P. Prajapati had helped the assessee financially as and when there was the need of the fund to the assessee. v. The commission was paid to Shri Vikrant P. Prajapati on a regular basis and after deducting TDS

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

40A(2)(b) of the Act being payment of interest to the related party. In view of the above, the AO disallowed the amount of interest debited to the profit and loss account for Rs. 2,84,70,757/- and the depreciation of Rs. 17,16,078/- attributable to the amount of interest capitalized in the year under consideration. Thus

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

40A(2)(b) of the Act being payment of interest to the related party. In view of the above, the AO disallowed the amount of interest debited to the profit and loss account for Rs. 2,84,70,757/- and the depreciation of Rs. 17,16,078/- attributable to the amount of interest capitalized in the year under consideration. Thus

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

40A(2)(b) of the Act being payment of interest to the related party. In view of the above, the AO disallowed the amount of interest debited to the profit and loss account for Rs. 2,84,70,757/- and the depreciation of Rs. 17,16,078/- attributable to the amount of interest capitalized in the year under consideration. Thus

PRIYA BLUE INDUSTRIES PVT. LTD.,,BHAVNAGAR vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1,, BHAVNAGAR

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./I.T.A. No.1195/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2012-13)

b) of section 40A(2) and such payment was excessive in respect of the services or goods availed from them if the rates are compared with the open market. In other words, if an assessee has availed services and goods from related parties at a higher rate, than it could be availed from open market at a lower rate