M/S. VISHAL ENGINEERS & GALVANIZERS,,AHMEDABAD vs. THE DY.CIT, CIRCLE-6,, AHMEDABAD

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

3. Ground No.1relates to deletion of disallowance of Rs.25,46,06,987/- on account of Long Term Capital Gain (LTCG) and Rs.3,26,02,919/- on account of Short Term Capital Gain (STCG). 4. The brief facts leading to this case is this that the assessee engaged in the business of Manufacturing of Transmission Towers and Job work of Engineering

RASIKBHAI RAMDAS PATEL,MEHSANA vs. THE PR. CIT-3, AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 98/Ahd/2021 िनधा"रण वष"/Asstt. Year:2011-2012 Rasikbhai Ramdas Patel, The Principal Commissioner Lal Vas, At. Thol, Vs. Of Income-Tax-3, Tal. Kadi, Ahmedabad Dist. Mehsana-382715. Gujarat.

capital gain in the assessment framed under section 143(3) read with section 147 of the Act. As such, there

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

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

143(3) dated 31.03.2013, 26.02.2014,25.03.2015, 01.03.2016, 28.12.2016 28.03.2013 respectively framed by JCIT, Range-3, ACIT, Circle-3, ACIT Circle 1(3), DCIT, Circle 1(3) & JCIT Circle-3, Ahmedabad. 2. The grounds raised by the assessee are as under; I Assessment Year 2010-11 1.The Ld. CIT(A) has erred in law and in fact in confirming disallowance made

ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS CADILA HEALTHCARE LTD.),AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

3 – manufacturing pharmaceutical products, such as, cardiovascular, gastrointestinal, pain management, biological, anti-infective, diagnostics, female healthcare, respiratory and other therapeutic drugs filed its return of income on 30.11.2016 declaring income at Rs.9,41,44,39,440/-. The return was duly processed under Section 143(1) of the Act. Upon selection for scrutiny under CASS, as there was international transaction

SMT. RASHIDABEN TAHER MORAWALA,GODHRA vs. THE DCIT, INT.-TAXA., BARODA

In the result, the appeal filed by the Assessee is hereby allowed

143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2015-16. 2. The brief facts of the case is that the assessee is an individual and Non Resident Indian. For the Assessment Year I.T.A No. 1353/Ahd/2019 A.Y. 2015-16 Page No 2 Smt. Rashidaben Taher Morawala vs. DCIT, Int.Taxa

RAJESH BALVANTRAI BRAHMBHATT,AHMEDABAD vs. THE PR. CIT(CENTRAL), AHMEDABAD

In the result, the appeals of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokar

143(3) r.w.s. 147 was completed after due enquiry and application of mind by the Ld. AO, wherein the appellant had duly disclosed the amount of Rs.2,30,00,000/- as Short Term Capital Gain, which was accepted by the AO. Further, no revenue loss has occurred as the income would have been taxed at the same rate irrespective

RAJESH BALVANTRAI BRAHMBHATT,AHMEDABAD vs. THE PR. CIT(CENTRAL), AHMEDABAD

In the result, the appeals of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokar

143(3) r.w.s. 147 was completed after due enquiry and application of mind by the Ld. AO, wherein the appellant had duly disclosed the amount of Rs.2,30,00,000/- as Short Term Capital Gain, which was accepted by the AO. Further, no revenue loss has occurred as the income would have been taxed at the same rate irrespective

STERLING ADDLIFE INDIA PRIVATE LTD.,,AHMEDABAD vs. PR. CIT-4,, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.967/Ahd/2018 ("नधा"रण वष"/Assessment Year : 2013-14) बनाम/ Sterling Addlife India The Pr.Cit-4 Pvt.Ltd. Ahmedabad Vs. Sterling Hospital Buildings Off Gurukul Road Memnagar Ahmedabad-380 052 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadca 0897 M (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By : Shri Dinal Shah & A.C.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing 28/01/2019 घोषणा क" तार"ख /Date Of Pronouncement 27/03/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Order Of The Commissioner Of Income Tax–4, Ahmedabad [Cit In Short] Dated 28/03/2018 Relevant To Assessment Year (Ay) 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

section 143(3) of the Act. However, we note that the assessee offered the capital gain income by the agreement

THE ACIT,(OSD)CIRCLE-8,, AHMEDABAD vs. TORRENT POWER LTD.,, AHMEDABAD

In the result, the appeal of the Revenue and the Cross-objection of the assessee, both are dismissed

Bench: Shri Sandeep Gosain & Shri Amarjit Singh

143(3) of the Act referred to above. Hence, the A. O. was not justified in enhancing such disallowance by reworking the disallowance from interest and administrative expenses. Further, it is noticed that the provisions of Rule 8D are applicable from A. Y. 2008-09 as held by Bombay High Court in the case of Godrej & Boyce

M/S. SURZLON GLOBAL SERVICES LTD. ,AHMEDABAD vs. THE PR. CIT-3,, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 67-68/Ahd/2021 िनधा"रण वष"/Asstt. Years: 2016-2017 & 2017-2018 M/S. Suzlon Global Services Limited, Principal Commissioner 5 Suzlon, Shrimali Society, Vs. Of Income-Tax, Near Shree Krishna Centre, Ahmedabad. Nr. Judges Bunglow Cross Road, Ahmedabad-380009. Pan: Aaics1406R

gains in the hands of shareholders of amalgamating company on transfer of shares of amalgamating company in the scheme of amalgamation under the provisions of section 47 (vii) of the Act. v. Cost of capital assets to be the same as in the hands of previous owner where capital assets became the assets of the successor as a result

SCARLETT DESIGNS PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-8(1),, AHMEDABAD

In the result, the appeal of the assessee stands allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

143(1) of the Act by CPC, Banglore on 15.03.2011 with the following modified computation of income: Profit & Gains from Business or Profession (-) 21,93,102/- Short Term Capital Gain 15,55,609/- Long Term Capital Loss (-) 30,586/- Gross Total Income (-) 6,68,079/- Less : Losses allowed to be carried forward 6,68,079/- Total Income