SHRI JIGNESH JAYSUKHLAL GHIYA,VADODARA vs. THE DCIT CIRLCE-4(2), VADODARA

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

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

183/-). The Assessing Officer denied the benefit of Section 54 as the assessee failed to deposit unutilized amount of capital gain

SHRI ASHOKKUMAR KHIMRAJ,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt Madhumita Royआयकर अपील सं./I.T.A. No. 1247/Ahd/2015 ("नधा"रण वष" / Assessment Year : 2006-07) Shri Ashokkumar Khimraj Ito, बनाम/ Prop. Ridhi Siddhi Ward – 3(1), Vs. Enterprises, 21, Shitalkunj Ahmedabad. Society, Rambaug Road, Ahmedabad. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afdpk 6404 N .. (अपीलाथ"/Appellant) (""यथ" / Respondent) Shri Parin Shah, A.R. अपीलाथ" ओर से/ Appellant By : Shri Vinod Talwani, Sr. D.R. ""यथ" क" ओर से/Respondent By:

capital gain. 8.3 We also note that the benevolent circulars issued by the CBDT are binding on the Tribunal as held by the judgment of Hon’ble Supreme Court in the case of Keshavji Ravji & Co. Vs. CIT reported in 183 ITR 1 wherein it was observed as under : The task of interpretation of the laws is the exclusive domain

GUJARAT FLUOROCHEMICALS LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

gain. Accordingly there will be no difference on the tax to be levied on the income of the appellant under such situation also. Thus in the alternate situation also, there shall be no change in the total income of the appellant. 11.3 On the basis of these discussions, it is held that the revenue earned by the appellant company

GUJARAT FLUROCHEMICALS LIMITED.,,VADODARA vs. THE ACIT, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

gain. Accordingly there will be no difference on the tax to be levied on the income of the appellant under such situation also. Thus in the alternate situation also, there shall be no change in the total income of the appellant. 11.3 On the basis of these discussions, it is held that the revenue earned by the appellant company

SHRI HARISHBHAI KESHAVLAL PATEL,AHMEDABAD vs. THE DY.CIT.,CIRCLE-7,, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 1180/Ahd/2013 "नधा"रण वष"/Asstt. Year: 2006-2007

capital gain. Page 9 of 14 Asstt. Years 2006-07 10 8.3 We also note that the circulars issued by the CBDT which are beneficial to the assessee are binding on the Tribunal as held by the judgment of Hon'ble Supreme Court in the case of Keshavji Ravji & Co.v. CIT [1990] 183 ITR 1/49 Taxman 87 wherein

THE ACIT CIRCLE-3(3), AHMEDABAD vs. SHRI CHANDRAKANT G PATEL, AHMEDABAD

Appeal of the Revenue is dismissed

183 Taxman 444 pointing out that Dharamendra Textile Processors' case (supra) has been explained in Rajasthan Spg. &Wvg. Mills' case (supra) and concluded in line with this decision that penalty under section 11 AC of the Central Excise Act could not be levied in every case of non-payment or short payment of duty and that penalty in respect

HARSHADKUMAR HARGOVANDAS PATEL,KALOL vs. THE ITO, WARD-4, MEHSANA

In the result, the appeal of the assessee is allowed for statistical\npurposes

Capital Gain by disallowing the assessee's claim of expenditure of the\nsame amount incurred towards improvement and transfer of the property. The\nCounsel submitted that during the course of assessment proceedings, the\nassessee had duly furnished all relevant details and supporting documents,\nincluding copies of bills and vouchers, evidencing the expenditure incurred.\nThese bills and related details were placed

SHRI ARVINDBHAI POPATLAL PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-13(4),, AHMEDABAD

In the result appeal filed by the assessee is partly allowed

Bench: Shri Waseem Ahmed, Accountant Memebr & Shri Siddhartha Nautiyal, Judicial Memebr

section 50C of the Act. As such, the AO has revised the long-term capital gain with respect to the impugned bungalow by observing as under: ITA No. 374/Ahd/2016 [Shri Arvindbhai Popatlal Patel Vs. ITO] A.Y. 2011-12 - 5 - Sale Consideration Value of Rs.20,00,000/- Rs. 42,91,837/- However, as per 50C of the IT Act, the said

THE ITO, WARD-2(1)(4),, AHMEDABAD vs. MEDICAL TECHNOLOGIES PVT. LTD.,, AHMEDABAD

In the result, the appeal is dismissed

183 — 2002-03 303 113,797 — 2003-04 350 841 — 2004-05 600 — — 2005-06 — 95,642 2,352,854

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

SHRI NARESH GOPALDAS BHOJWANI,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(3), OLD WARD-10(3),, AHMEDABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Amarjit Singh & Ms. Madhumita Roynaresh Gopaldas Bhojwani Vs. Ito 1St Floor, A Wing, Gopal Palace, Ward-5(2)(3) Opp. Ocean Park, Nehrunagar, Ahmedabad Satellite Road, Ahmedabad- 380015 [Pan No. Ablpb3567B] (Appellant) .. (Respondent) Shri Pritesh Shah, Ar Appellant By : Respondent By: Shri Purushottam Kumar, Sr. Dr Date Of Hearing: 29/09/2021 Date Of Pronouncement: 05/10/2021 O R D E R

Section 143(3) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for A.Y. 2011-12 with the following grounds:- “1. The learned CIT(A) erred in confirming the addition of Rs. 82,95,183/- in respect of Long Term Capital Gain

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

183 CTR 182, the assessee contended that depreciation should not be reduced in the year under consideration. However, the AO did not accept the contentions of the assessee. While referring to the amendment in the provisions of section 32 of the Act and the principles laid down by the Hon'ble Jurisdictional High Court in the case

SHRI TEJAS ARVINDBHAI RAVAL,AHMEDABAD vs. THE INCOME TAX OFFICER (OSD) WARD-7(1), NOW WARD-3(3)(5),, AHMEDABAD

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No. 336/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2008-09) Shri Tejas Arvindbhai Raval, Ito(Osd), बनाम/ 803, Anand Hari Tower, Ward – 7(1), Vs. Opp. Chanakya Tower Ahmedabad. Bodakdev, Ahmedabad – 380 015. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afupr 7933 J .. (अपीलाथ"/Appellant) (""यथ" / Respondent) Shri S.N. Divatia, A.R. अपीलाथ" ओर से/ Appellant By : ""यथ" क" ओर से/Respondent By: Shri N. J. Vyas, Sr. D.R.

183/- The AO accepted all possible explanations and made addition u/s.68 only of Rs. 8,35,672/-. The appellant has further got relief of Rs. 4,08,480/- out of the addition made for cash deposits in the bank accounts. Consequently, addition of Rs. 4,27,192/- is confirmed. The ground No.3 is therefore partly allowed.” Being aggrieved

THE ACIT,(OSD)RANGE-1,, AHMEDABAD vs. M/S. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

gains from the export of articles but also the income from the business of the undertaking." In view of the aforesaid position, the appeals have to be dismissed. We order accordingly. 12. We thus find that the decision of Special Bench of Tribunal in the case of Maral Overseas (supra) wherein the ratio that once on income forms part

DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

gains from the export of articles but also the income from the business of the undertaking." In view of the aforesaid position, the appeals have to be dismissed. We order accordingly. 12. We thus find that the decision of Special Bench of Tribunal in the case of Maral Overseas (supra) wherein the ratio that once on income forms part

DISHMAN PHARMACEUTICALS & CHEMICALS LIMITED,,AHMEDABAD vs. THE ACIT, (OSD),RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

gains from the export of articles but also the income from the business of the undertaking." In view of the aforesaid position, the appeals have to be dismissed. We order accordingly. 12. We thus find that the decision of Special Bench of Tribunal in the case of Maral Overseas (supra) wherein the ratio that once on income forms part

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

gains from the export of articles but also the income from the business of the undertaking." In view of the aforesaid position, the appeals have to be dismissed. We order accordingly. 12. We thus find that the decision of Special Bench of Tribunal in the case of Maral Overseas (supra) wherein the ratio that once on income forms part

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

gains from the export of articles but also the income from the business of the undertaking." In view of the aforesaid position, the appeals have to be dismissed. We order accordingly. 12. We thus find that the decision of Special Bench of Tribunal in the case of Maral Overseas (supra) wherein the ratio that once on income forms part

THE JOINT COMMISSIONER OF INCOME TAX(OSD),, GANDHINAGAR vs. SABARMATI GAS LIMITED,, GANDHINAGAR

Appeal of the Revenue is partly allowed for statistical purposes

183 taxman 212 Depreciation—User for business—Flat purchased and used as office—Assessee obtained possession of the flat on 21st March,i2000 and got the deed registered on 29th March, 2000 after paying the charges to the concerned society—Flat was fitted with requisite amenities for using it as an office and one consignment was sent to this office