M/S. EDELWEISS BROKING LIMITED,AHMEDABAD vs. THE DCIT, CIRCLE-1(3), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

TDS is warranted. 129. Before parting, it is also important to note that the ITAT in the own case of the assessee for the Assessment Year 2008-09 in ITA No. 1718/AHD/2011 has set aside the identical issue to the file of the AO for fresh adjudication after verifying whether payees have included the amount received from the assessee

DCIT, CIRCLE-1(3), , AHMEDABAD vs. EDELWEISS BROKING LTD.(ON BEHALF OF AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.), AHMEDABAD

Appeal of the Revenue is dismissed whereas the ground of appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 2021/Ahd/2017 ("नधा"रण वष" / Assessment Year: 2013-14) M/S. Edelweiss Broking Ltd. Dcit बनाम/ (On Behalf Of Amalgamating Cricle-1(3), Vs. 1St Floor, B-109, Company, Edelweiss Financial Advisors Ltd.) Pratyaksh Kar Bhavan, Nr. 801-804, 8Th Floor, Abhishree Panjrapole, Ambawadi, Avenue, Opp. Hanumanji Ahmedabad-380015 Temple, Nehrunagar, Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabce9421H .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

TDS is warranted. 129. Before parting, it is also important to note that the ITAT in the own case of the assessee for the Assessment Year 2008-09 in ITA No. 1718/AHD/2011 has set aside the identical issue to the file of the AO for fresh adjudication after verifying whether payees have included the amount received from the assessee

KIFS SECURITIES PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

THE DY. CIT., CIRCLE-3,, AHMEDABAD vs. KHANDWALA INTEGRATED FINANCIAL SERVICES PVT. LTD, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

DY.COMMISSIONER OF INCOME TAX CIRCLE-1(3),, AHMEDABAD vs. KIFS PVT.LTD.,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

THE ACIT, CIRCLE-3,, AHMEDABAD vs. KIFS SECURITIES LIMITED,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3),, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

section 1941 of the Act. The A.O accordingly disallowed Rs. 7,49,455/- being VSAT charges and Rs. 72,500/- being lease line expenses. Assesse-e carried the matter before the Id. CIT(A) and the Id. CIT(A) gave partial relief to the assessee. Directing the A.O to give proportionate benefit of the TDS already deducted and paid

SHREE HARI ENTERPRISE ,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

Bench: Smt.Annapurna Gupta & Ms. Suchitra Raghunath Kamble

TDS not deducted on the rent paid by the assessee in terms of section 194-I of the Act. 8. As noted in the order of the ld.Pr.CIT, he found from the assessment records that the assessee had paid total rent of Rs.10,65

CRYSTAL QUINONE PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-1(1)(2),, AHMEDABAD

In the result, the assessee’s appeal stands allowed

Bench: Shri Waseem Ahmed & M/S. Madhumita Royआयकर अपील सं./I.T.A. No. 1420/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2011-12) बनाम/ Crystal Quinone Pvt. Ltd. Dcit, Cir-1(1)(2), Opp. Old Excise Chawky, Vs. Ahmedabad S.M. Road, Ahmedabad

65,683/- as capital expenditure. 3.2 The appellant respectfully submits that building repairing expenditure is in the nature of current repairs only. No new assets is created and therefore the disallowance of Rs.13,56,683/- be deleted. 4.1 That the learned CIT(Appeal) has erred in confirming addition of Rs. 18,91,764/- u/s 145A

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

In the result, Revenue’s appeal stands dismissed

Bench: Shri Waseem Ahmed & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No.2503/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2013-14) Dcit, M/S. Gujarat Microwax बनाम/ Cir – 2(1)(1), Pvt. Ltd., Vs. Ahmedabad. 401 & 02, Sarthik Square, Sarkhej Gandhinagar Highway, Bodakdev, Ahmedabad – 380 054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacg 5593 P .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Dr. Jayant Jhveri, Sr.D.R. ""यथ" क" ओर से/Respondent By : Shri G.C. Pipara, C.A.

TDS under section 195 of the Act. Ld. CIT(A) after considering the submission of the assessee deleted the addition made by the AO by observing as under: “2.9 Having considered the facts and submissions, the issues which are to be examined and decided are as under:- 1. Whether the commission paid to foreign agents is taxable in India

ELECTRONIC INSTRUMENTATION & CONTROL PRIVATE LIMITED,AHMEDABAD vs. THE ACIT, CIRCLE-4,, AHMEDABAD

In the result, these grounds of assessee’s appeal are partly allowed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

65,700/- of drawing charges and Rs. 2,48,050/- of PLC Programming Charges on account of non-deduction of TDS under section

SHRI SAMIR CHANDRAVADAB BHALAVAT,,BARODA vs. THE INCOME TAX OFFICER, SABARKANTHA WARD-4,, MODASA

In the result the appeal of the assessee is partly allowed

TDS under section 194C of the Act. Hence the ground of appeal of the assessee is allowed. 7. The 2nd issue raised by the assessee is that the learned CIT (A) erred in confirming the disallowance made by the AO for Rs. 7,16,466/- representing the amount of interest on the amount advanced as interest-free advance & loans

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

TDS. 8. The aggrieved assessee preferred an appeal to the learned CIT (A) who deleted the addition made by the AO. Being aggrieved by the order of the learned CIT (A), the revenue is in appeal before us. 9. Both the learned DR and the AR before us relied on the order of the authorities below as favourable to them

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.

section 14A read with rule 8D. The 1st issue raised by the assessee is that the learned CIT (A) erred in treating the expenses incurred on the renovation of an office building as capital in nature amounting to ₹ 1,02,65,533.00. 6. The assessee during the year has incurred expenses on the renovation of its office building amounting

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.

section 14A read with rule 8D. The 1st issue raised by the assessee is that the learned CIT (A) erred in treating the expenses incurred on the renovation of an office building as capital in nature amounting to ₹ 1,02,65,533.00. 6. The assessee during the year has incurred expenses on the renovation of its office building amounting