M/S. EDELWEISS BROKING LTD. ( AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.),AHMEDABAD vs. THE JT. CIT, RANGE-3,, AHMEDABAD

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

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

Capital expenditures are often employed to improve operational efficiency, increase revenue in the long term, or make improvements to the existing assets of a company. Capital spending is different from other types of spending that focus on short-term operating expenses, such as overhead expenses or payments to suppliers and creditors. 115.2 Depreciation is used to expense the fixed asset

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS BROKING LTD., AHMEDABAD

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

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

Capital expenditures are often employed to improve operational efficiency, increase revenue in the long term, or make improvements to the existing assets of a company. Capital spending is different from other types of spending that focus on short-term operating expenses, such as overhead expenses or payments to suppliers and creditors. 115.2 Depreciation is used to expense the fixed asset

DIPAL SURESHBHAI PATEL,AHMEDABAD vs. ITO, WARD-3(3)(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

163 has been relied upon;The relevant portion whereof is as follows:- “10. The said question has been answered by the Hon’ble High Court in the following words:- “As is clear from Sub-Section (4) in the event of the assessee not investing the capital gains either in purchasing the residential house or in constructing a residential hour within

SUMIT H BHAGCHANDANI,AHMEDABAD vs. DCIT, CIRCLE 3(1)(1), AHMEDABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

163 (Karnataka)/[2015] 230 Taxman 334 (Karnataka)/[2015] 277 CTR 522 (Karnataka)[14-07-2014] has held that section 54F is a beneficial provision, but the benefit is subject to fulfilment of statutory conditions. The Court held that while deposit in the Capital Gains Account Scheme preserves the exemption, the quantum of deduction must still be computed in accordance with

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

section (5) of Section 80-IA. In this case, the question that arose for consideration ITA.Nos.1285/Ahd/2017 & 7 others A.Y.2009-10 38 before this Court related to computation of the profits for the purpose of deduction under section 80-E, as it then existed, after setting off the loss incurred by the assessee in the manufacture of alloy steels. Section

ANIRUDDH RINKI GANDHI,BARODA vs. DCIT (INTL. TAXN), BARODA

In the result, the appeal of the assessee is allowed

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumarassessment Year :2015-16 Aniruddhrinki Gandhi Dcit (Intl.Taxn.) 14, Vaikunh Apartment Vs Baroda. Laxminarayan Co-Op. Society Gotri Road, Baroda. Pan : Bbnpg 1052 P अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri Manish J. Shah, Advocate Revenue By : Shri V.K.Singh, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 23/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 28/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Assessee Against Order Dated 21.01.2019 Passed By Ld.Commissioner Of Income-Tax (Appeals)-13, Ahmedabad [For Short “Ld.Cit(A)] In Appeal No.Cit(A)- 13/Intl.Taxn./Ahd/75/2017-18 Relating To The Assessment Year 2015-16. 2. Assessee’S Grounds Of Appeal Are As Follows:

1,20,00,000/- is received on 12/10/2015 and still appellant has made investment only Rs.6,61,329/- on 10/10/2015 and rest of the investment house property was made in December 2015 and onwards which prove that even though sale proceeds were received in October 2015, funds were not used immediately but appellant waited and made investment made in span

SURESHBHAI PRABHUDAS PATEL,VADODARA vs. ITO - WARD 1(2)(5), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 255-256/Ahd/2021 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-13 Sureshbhai Prabhudas Patel, D.C.I.T. Opp Parbadi Padra Road, Vs. Central Circle-2(1) Samiyala Village, Ahmedabad. Vadodara-390002. Pan: Atypp6249H

163 where in the following question was raised and adjudicated: “(2) When the assessee invests the entire sale consideration construction of a residential house within three years from the date of transfer can be denied exemption under Section 54F on the ground that he did not deposit the said amount in capital gains account scheme before the due date prescribed

SURESHBHAI PRABHUDAS PATEL,VADODARA vs. ITO - WARD 1(2)(5), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 255-256/Ahd/2021 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-13 Sureshbhai Prabhudas Patel, D.C.I.T. Opp Parbadi Padra Road, Vs. Central Circle-2(1) Samiyala Village, Ahmedabad. Vadodara-390002. Pan: Atypp6249H

163 where in the following question was raised and adjudicated: “(2) When the assessee invests the entire sale consideration construction of a residential house within three years from the date of transfer can be denied exemption under Section 54F on the ground that he did not deposit the said amount in capital gains account scheme before the due date prescribed

AVANI DIPAKBHAI SHAH,VADODARA vs. THE ACIT, CIRCLE INTL. TXN., VADODARA

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

1) of Section 271, Section 271A, Section 271AA, Section 271B, Section 271BA, Section 271BB, Section 271C, Section 271CA, Section 271D, Section 271E, Section 271F, etc., no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the said provision, if he proves that there was a reasonable cause

AVANI DIPAKBHAI SHAH,VADODARA vs. THE ACIT, CIRCLE INTL. TXN., VADODARA

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

1) of Section 271, Section 271A, Section 271AA, Section 271B, Section 271BA, Section 271BB, Section 271C, Section 271CA, Section 271D, Section 271E, Section 271F, etc., no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the said provision, if he proves that there was a reasonable cause

AVANI DIPAKBHAI SHAH,VADODARA vs. THE ACIT, CIRCLE INTL. TXN., VADODARA

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

1) of Section 271, Section 271A, Section 271AA, Section 271B, Section 271BA, Section 271BB, Section 271C, Section 271CA, Section 271D, Section 271E, Section 271F, etc., no penalty shall be imposable on the person or the assessee, as the case may be, for any failure referred to in the said provision, if he proves that there was a reasonable cause

TORRENT POWER LTD.,,AHMEDABAD vs. THE ACIT.,RANGE-8,, AHMEDABAD

In the result cross objection filed by the assessee is partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 80-IA of the Act. 69. The learned CIT (A) disregarded the contention of the assessee by observing that the impugned income does not have nexus with the distribution of power activity of the assessee. Thus the learned CIT (A) upheld the finding of the AO. 70. Being aggrieved by the order of the learned CIT (A), the assessee

DILIPKUMAR VITTHALDAS DESAI,VADODARA vs. THE INCOME TAX OFFICER,WARD-3(1)(1), VADODARA

Bench: The Tribunal Has Caused The Delay Of 87 Days In Filing The Appeal. The Assessee Enclosed The United States Passport Copy Of His Brother, Who Visited India In December 2023. We Are Satisfied With The Reasons Stated In The Notarized Affidavit Thereby We Hereby Condone The Delay Of 87 Days In Filing The Above Appeals & Adjudicate The Cases On Merits.

Capital Gain of the assessee. 4. Aggrieved against the reassessment order, the assessee filed an appeal before Ld. CIT(A) with a delay. The delay was condoned by the Ld. CIT(A) and after considering reply filed by the assessee and the Affidavit by Shri Mahesh Vitthaldas Desai and Smt. Smita Mahesh Desai dismissed the appeal filed by the assessee

DILIPKUMAR VITTHALDAS DESAI,VADODARA vs. THE INCOME TAX OFFICER, WARD-3(1)(1), VADODARA

Bench: The Tribunal Has Caused The Delay Of 87 Days In Filing The Appeal. The Assessee Enclosed The United States Passport Copy Of His Brother, Who Visited India In December 2023. We Are Satisfied With The Reasons Stated In The Notarized Affidavit Thereby We Hereby Condone The Delay Of 87 Days In Filing The Above Appeals & Adjudicate The Cases On Merits.

Capital Gain of the assessee. 4. Aggrieved against the reassessment order, the assessee filed an appeal before Ld. CIT(A) with a delay. The delay was condoned by the Ld. CIT(A) and after considering reply filed by the assessee and the Affidavit by Shri Mahesh Vitthaldas Desai and Smt. Smita Mahesh Desai dismissed the appeal filed by the assessee

SHRI LALITKUMAR OMDEV GUGLANI,,BARODA vs. THE DY.CIT, CIRCLE-8,, BARODA

In the result, ground no. 1 to 3 of appeal of the assesse are allowed for statistical purposes and ground no

163 sale transactions of various shares reporting short term capital gain of Rs. 3,74,470/-. As stated by the Ld.CIT(A) during the course of appellate proceedings the assesse has not furnished the detail of period of holding of shares etc. for the purpose of examination of his claim of short term capital gain on transactions in shares . Even

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

Capital Infusion. 55. The TPO found that the assessee during the year has made payment of share application money to the following AEs: S. Name of AE Amount in Rs. Date of Date of share No. payment allotted 1 Zao Torrent Pharma 20,51,66,850/- 08-08-2012 28-03-2013 2 Zao Torrent Pharma

SHRI DASHRATH AMBALAL PATEL,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD -7(2),, AHMEDABAD

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No. 296/Ahd/2014 ("नधा"रण वष" / Assessment Year : 2007-08) Dashrath Ambalal Patel, Ito, बनाम/ 9, Jashwant Society, Ward – 7(2), Vs. Jodhpur Char Rasta, Satellite, Ahmedabad. Ahmedabad – 380 015. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Akypp 5852 G .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri S. N. Divatia & Mehul Talera, A.R. ""यथ" क" ओर से/Respondent By: Shri N. J. Vyas, Sr. D.R.

capital gain at Rs.957447/-. The A.O. also not doubted about transaction of investment of Rs.11,11,000/- in a house property but only on the fact that for the same property the registration deed was made on 10.10.11, the time limit as stipulated under section 54F of the Act was not adhered hence the deduction was rejected. The appellant emphatically

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CADILA PHARMACEUTICALS LTD. , AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2012-13

163/- on which net profit of Rs.19,77,87,586/- was declared. The return of income was filed on 23.11.2012 declaring loss of Rs.(-) 11,67,17,728/-. The return was duly processed under Section 143(1) of the Income Tax Act, 1961 and notice under Section 143(2) of the Act was issued on 06.08.2013 which was duly served