M/S. DINESHCHANDRA R.AGRAWAL INFRACON PVT.LTD.,,DEESA vs. THE JT.CIT, B.K.RANGE,, PALANPUR

In the result, ground number 3 of the assessee’s appeal is dismissed

section 40A(3) are not attracted where the parties are identified and there was no material on record to doubt the genuineness of payment. In the case of Walford Transport vs. CIT 240 ITR 902 at page 906, it was held that where a transaction is found to be genuine and the identity of the payee is established, a liberal

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

section 40A(3). Therefore, all depended upon the manner of making the estimate. If it had been made in a way which covered the entire position regarding income and expenditure, naturally there would not be any scope for further deductions. 57.5 At this juncture, we also find pertinent to note that even assuming the closing stock declared by the assessee

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

section 40A(3). Therefore, all depended upon the manner of making the estimate. If it had been made in a way which covered the entire position regarding income and expenditure, naturally there would not be any scope for further deductions. 57.5 At this juncture, we also find pertinent to note that even assuming the closing stock declared by the assessee

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

section 40A(3). Therefore, all depended upon the manner of making the estimate. If it had been made in a way which covered the entire position regarding income and expenditure, naturally there would not be any scope for further deductions. 57.5 At this juncture, we also find pertinent to note that even assuming the closing stock declared by the assessee

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

section 40A(3). Therefore, all depended upon the manner of making the estimate. If it had been made in a way which covered the entire position regarding income and expenditure, naturally there would not be any scope for further deductions. 57.5 At this juncture, we also find pertinent to note that even assuming the closing stock declared by the assessee

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

Section 40A(3), non-compliance with TDS provisions, etc. and the assessee has not provided the details of expenses which

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

Section 40A(3), non-compliance with TDS provisions, etc. and the assessee has not provided the details of expenses which

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

sections 32, 40(a)(ia), 40A(3), 43B etc., of the Act. At times disallowance out of specific expenditure claimed may also be made. The effect of such disallowances is an increase in the profits. Doubts have been raised as to whether such higher profits would also result in claim for a higher profit-linked deduction under Chapter

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

sections 32, 40(a)(ia), 40A(3), 43B etc., of the Act. At times disallowance out of specific expenditure claimed may also be made. The effect of such disallowances is an increase in the profits. Doubts have been raised as to whether such higher profits would also result in claim for a higher profit-linked deduction under Chapter

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

HIMANSHU ENGINEERING WORKS,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(2)(7) PRESENT WARD- 3(2)(1), AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

TDS Rate] = Rs.2,92,38,879 - shown 48,54,918 = Rs.2,43,83,961) 7. Learned CIT(A), NFAC has erred in confirming the addition made by A.O. Rs.30,00,000/- on the ground that assessee received cash loan on advance and repaid the same during year by attracting provisions of Section 40A(3

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

3 to 5 of the assessee’s appeal is allowed. Ground Nos. 6 to 8 : Disallowance under Section 40A(2)(b) of the Act 11. The brief facts in relation to this ground of appeal are that during the course of assessment proceedings, the Assessing Officer observed that the assessee had paid commission to Shri Ranajit

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. DEVRAJ INFRASTRUCTURE LTD.,, AHMEDABAD

In the result, all three appeals of revenue are dismissed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanisl.

sections 32, 40(a)(ia), 40A(3), 43B etc., of the Act. At times disallowance out of specific expenditure claimed may also be made. The effect of such disallowances is an increase in the profits. Doubts have been raised as to whether such higher ITA Nos.1607/Ahd/2018, 1359/Ahd/2017& 2441/Ahd/2017 & Devraj Infrastructure Ltd. vs. DCIT/JCIT

JCIT(OSD), CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. DEVRAJ INFRASTRUCTURE LTD.,, AHMEDABAD

In the result, all three appeals of revenue are dismissed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyanisl.

sections 32, 40(a)(ia), 40A(3), 43B etc., of the Act. At times disallowance out of specific expenditure claimed may also be made. The effect of such disallowances is an increase in the profits. Doubts have been raised as to whether such higher ITA Nos.1607/Ahd/2018, 1359/Ahd/2017& 2441/Ahd/2017 & Devraj Infrastructure Ltd. vs. DCIT/JCIT

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

3) of\nsection 35 w.e.f. 1-04-2016 for furnishing of report, we consider that there is nothing\nbefore us on hand differs from the cases cited (supra) so as to take a different view on\nthis issue. Therefore, since the issue on hand being squarely covered following the\nprinciple of consistency, we find merit in the submission

INCOME TAX OFFICER, WARD-1(3)(1), AHMEDABAD, AHMEDABAD vs. RAJESHKUMAR RAMESHCHANDRA SHAH, AHMEDABAD

In the result, appeal filed by the Revenue is dismissed

Bench: SHRI SANJAY GARG (Judicial Member), SMT. ANNAPURNA GUPTA (Accountant Member)

section 40A(3) and also not deducted TDS on the payments. 6.3.1 The appellant has submitted that the salary was paid

GUJARAT INFRAPIPES PVT. LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

In the result, the appeal filed by the Revenue is hereby dismissed

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

TDS on International Transaction 54,000/- (v) Disallowance u/s. 50C of the Act 6,71,29,538/- (vi) Disallowance on account of Excess Depreciation 4,58,137/- Claimed on Software Licenses (vii) Capitalization of Interest on Capital Work in Progress 47,37,168/- (viii) Disallowance u/s. 40A(3) of the Act 60,517/-. 2.1. Thus, the Assessing Officer determined

THE DCIT, CIRCLE-1(1)(1),, VADODARA vs. M/S. GUJARAT INFRA PIPES PVT. LTD.,, VADODARA

In the result, the appeal filed by the Revenue is hereby dismissed

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

TDS on International Transaction 54,000/- (v) Disallowance u/s. 50C of the Act 6,71,29,538/- (vi) Disallowance on account of Excess Depreciation 4,58,137/- Claimed on Software Licenses (vii) Capitalization of Interest on Capital Work in Progress 47,37,168/- (viii) Disallowance u/s. 40A(3) of the Act 60,517/-. 2.1. Thus, the Assessing Officer determined