SADBHAV ENGINEERING LTD.,AHMEDABAD vs. DCIT, CENTRAL CIRCLE 1(3), AHMEDABAD, DCIT, CENTRAL CIRCLE 1(3), AHMEDABAD

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarsr. No. Appellant Respondent 1-7 It(Ss)A.No./ Asstt.Year 170 To 175 & 235/Ahd/2021 Asst. Year 2012- 13 To 2018-19 Sadbhav Engineering Ltd. Nr. Havmour Restaurant Navrangpura Ahmedbad. Dcit, Cent.Cir.1(3) Ahmedabad. 8-14 183 To 189/Ahd/2021 Asst. Year 2012- 14 To 2018-19 Pan : Aadcs 0852 Q Dcit, Cent.Cir.1(3) Ahmedabad. Sadbhav Engineering Ltd. Nr. Havmour Restaurant Navrangpura Ahmedabad. (Applicant) (Responent) Assessee By Shri Dhinal Shah, Ar Revenue By: Shri H. Phani Raju, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 18/10/2024 घोषणा की तारीख / Date Of Pronouncement: 10/01/2025 आदेश/Order Per Bench: The Above Cross-Appeals Of The Assessee & The Revenue Are Against The Consolidated Order Of The Ld. Commissioner Of Income Tax(Appeals) 11, Ahmedabad All Dated 04.08.2021 Passed Under Section 250(6) Of The Income Tax Act, 1961 (“The Act" For Short) For The

Section 35D deduction 6.4.3 Vadodara and Anjar based entities (Sorathia Group) 6.1.5 ESIC late payments 6.4.4 Kolkata based parties (expenses booked through Kumarbhai) 6.1.6 22. The above table therefore largely identifies the various alleged bogus sub-contractors/accommodation entry providers. And in the subsequent paras he has dealt in great detail, in an order running into 280 pages, with

NIRMA CHEMICALS WORKS PVT.LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-5,, AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

purchases & sale prices are accepted, the parties are independent and not related to the assessee u/s.40A(2)(b) of the Act and there was no evidence that suppressed sale price difference came back to the assessee, the loss on sale could not be disallowed as loss arising from sham transaction or as bogus loss. Hence, the addition made

NIRMA CHEMICAL WORKS PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-5,, AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

purchases & sale prices are accepted, the parties are independent and not related to the assessee u/s.40A(2)(b) of the Act and there was no evidence that suppressed sale price difference came back to the assessee, the loss on sale could not be disallowed as loss arising from sham transaction or as bogus loss. Hence, the addition made

NIRMA CHEMICALS WORKS PVT.LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-5,, AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

purchases & sale prices are accepted, the parties are independent and not related to the assessee u/s.40A(2)(b) of the Act and there was no evidence that suppressed sale price difference came back to the assessee, the loss on sale could not be disallowed as loss arising from sham transaction or as bogus loss. Hence, the addition made

THE ACIT, CIRCLE-5,, AHMEDABAD vs. NIRMA CHEMICALS WORKS PVT.LTD., AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

purchases & sale prices are accepted, the parties are independent and not related to the assessee u/s.40A(2)(b) of the Act and there was no evidence that suppressed sale price difference came back to the assessee, the loss on sale could not be disallowed as loss arising from sham transaction or as bogus loss. Hence, the addition made

THE ACIT, CIRCLE-5,, AHMEDABAD vs. NIRMA CHEMICALS WORKS PVT.LTD., AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

purchases & sale prices are accepted, the parties are independent and not related to the assessee u/s.40A(2)(b) of the Act and there was no evidence that suppressed sale price difference came back to the assessee, the loss on sale could not be disallowed as loss arising from sham transaction or as bogus loss. Hence, the addition made

THE ACIT, CIRCLE-5,, AHMEDABAD vs. NIRMA CHEMICALS WORKS PVT.LTD., AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

purchases & sale prices are accepted, the parties are independent and not related to the assessee u/s.40A(2)(b) of the Act and there was no evidence that suppressed sale price difference came back to the assessee, the loss on sale could not be disallowed as loss arising from sham transaction or as bogus loss. Hence, the addition made

BHOGILAL ODHAVJI INDUSTRIAL ENTERPRISES PVT. LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-1(1),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt Madhumita Royआयकर अपील सं./I.T.A. No. 2889/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2012-13) Bhogilal Odhavji Industrial Dcit, बनाम/ Enterprises Pvt. Ltd., Circle -1(1), Vs. Asarva Bethak, Asarva, Ahmedabad. Ahmedabad-380 016. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacv 6980 D .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri B. R. Popat, A.R. ""यथ" क" ओर से/Respondent By: Ms. Vasundhara Upmanya. Cit-D.R.

35D of the Act; and 2. Confirming the addition of Rs 22,59,10, 459/- made by the AO by treating the entire accounted cost of an immovable property as having been met out of unexplained sources and thereby treating the same as unexplained investment. While adjudicating this ground he ought to have inter alia appreciated the undisputed and admitted

ATREYA PETROCHEM LTD.,,BARODA. vs. THE DY. CIT., CIRCLE-1,, BARODA.

Bench: Justice Shri P. P. Bhatt & Shri Waseem Ahmed

35D of the I.T. Act. 6. The learned CIT(A) erred in confirming disallowance of Rs. 1,67,606/- towards foreign travelling expenses of appellant’s Managing Director. Your appellant submits that the same were for business purpose and hence additions confirmed be deleted. ITA Nos.1003 to 1005/Ahd/2004 and ITA Nos.1065 to 1067/Ahd/2004 Atreya Petrochem Ltd. Asst. Years

THE DY. CIT., BARODA CIRCLE-1,, BARODA. vs. JAL HI-POWER PETROCHEM LTD.,, BARODA.

Bench: Justice Shri P. P. Bhatt & Shri Waseem Ahmed

35D of the I.T. Act. 6. The learned CIT(A) erred in confirming disallowance of Rs. 1,67,606/- towards foreign travelling expenses of appellant’s Managing Director. Your appellant submits that the same were for business purpose and hence additions confirmed be deleted. ITA Nos.1003 to 1005/Ahd/2004 and ITA Nos.1065 to 1067/Ahd/2004 Atreya Petrochem Ltd. Asst. Years

ATREYA PETROCHEM LTD.,,BARODA. vs. THE DY. CIT., CIRCLE-1,, BARODA.

Bench: Justice Shri P. P. Bhatt & Shri Waseem Ahmed

35D of the I.T. Act. 6. The learned CIT(A) erred in confirming disallowance of Rs. 1,67,606/- towards foreign travelling expenses of appellant’s Managing Director. Your appellant submits that the same were for business purpose and hence additions confirmed be deleted. ITA Nos.1003 to 1005/Ahd/2004 and ITA Nos.1065 to 1067/Ahd/2004 Atreya Petrochem Ltd. Asst. Years

ATREYA PETROCHEM LTD.,,BARODA. vs. THE DY. CIT., CIRCLE-1,, BARODA.

Bench: Justice Shri P. P. Bhatt & Shri Waseem Ahmed

35D of the I.T. Act. 6. The learned CIT(A) erred in confirming disallowance of Rs. 1,67,606/- towards foreign travelling expenses of appellant’s Managing Director. Your appellant submits that the same were for business purpose and hence additions confirmed be deleted. ITA Nos.1003 to 1005/Ahd/2004 and ITA Nos.1065 to 1067/Ahd/2004 Atreya Petrochem Ltd. Asst. Years

THE DY. CIT., BARODA CIRCLE-1,, BARODA. vs. JAL HI-POWER PETROCHEM LTD.,, BARODA.

Bench: Justice Shri P. P. Bhatt & Shri Waseem Ahmed

35D of the I.T. Act. 6. The learned CIT(A) erred in confirming disallowance of Rs. 1,67,606/- towards foreign travelling expenses of appellant’s Managing Director. Your appellant submits that the same were for business purpose and hence additions confirmed be deleted. ITA Nos.1003 to 1005/Ahd/2004 and ITA Nos.1065 to 1067/Ahd/2004 Atreya Petrochem Ltd. Asst. Years

THE DY. CIT., BARODA CIRCLE-1,, BARODA. vs. JAL HI-POWER PETROCHEM LTD.,, BARODA.

Bench: Justice Shri P. P. Bhatt & Shri Waseem Ahmed

35D of the I.T. Act. 6. The learned CIT(A) erred in confirming disallowance of Rs. 1,67,606/- towards foreign travelling expenses of appellant’s Managing Director. Your appellant submits that the same were for business purpose and hence additions confirmed be deleted. ITA Nos.1003 to 1005/Ahd/2004 and ITA Nos.1065 to 1067/Ahd/2004 Atreya Petrochem Ltd. Asst. Years