INCOMETAX OFFICER, WARD-5(3)(2), AHMEDABAD, AHMEDABAD vs. TANMAI RAJ GOPAL, AHMEDABAD

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

capital gains of 9,25,60,844 in the computation sheet is directed to be deleted. The refund of 2,79,77,705 as claimed in the return is to be granted. Interest levied under section 234D

PUNITA KALPESH PATEL,AHMEDABAD vs. THE ACIT, CIRCLE-5(2)(1), AHMEDABAD

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

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

234D of the Act is unjustified. 7. Initiation of penalty proceedings u/s 270A of the Act is unjustified. 5. The learned Senior Counsel Mr. S.N. Soparkar appearing for the assessee submitted that: a. Section 94(7) should apply only to exempt dividend income and not to dividend which is already taxed under section 115BBDA. b. In the present case, only

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)

Capital Gain – [as per Return of income] Rs. 11,37,32,825/- D. Income from other sources [as per Return of income] Rs. 80,07,21,966/- Assessed Income Rs. 18,07,02,90,489/- Brought forward losses of Rs. 2,41,44,65,028/- Rs. Nil for A.Y. 2013-14 Adjusted fully by the Dept. while passing order

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. MADHYA GUJARAT VIJ COMPANY LTD., VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 6.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. I.T.A Nos. 372 to 374/Ahd/2022 & Ors. A.Ys. 2014-15, 2015-16 & 2018-19 Page No 4 DCIT Vs. Madhya Gujarat Vij Company

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. MADHYA GUJARAT VIJ COMPANY LTD., VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 6.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. I.T.A Nos. 372 to 374/Ahd/2022 & Ors. A.Ys. 2014-15, 2015-16 & 2018-19 Page No 4 DCIT Vs. Madhya Gujarat Vij Company

DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA vs. MADHYA GUJARAT VIJ COMPANY LTD., VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 6.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. I.T.A Nos. 372 to 374/Ahd/2022 & Ors. A.Ys. 2014-15, 2015-16 & 2018-19 Page No 4 DCIT Vs. Madhya Gujarat Vij Company

MADHYA GUJARAT VIJ COMPANY LIMITED,VADODARA vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 6.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. I.T.A Nos. 372 to 374/Ahd/2022 & Ors. A.Ys. 2014-15, 2015-16 & 2018-19 Page No 4 DCIT Vs. Madhya Gujarat Vij Company

MADHYA GUJARAT VIJ COMPANY LIMITED,VADODARA vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2), VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 6.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. I.T.A Nos. 372 to 374/Ahd/2022 & Ors. A.Ys. 2014-15, 2015-16 & 2018-19 Page No 4 DCIT Vs. Madhya Gujarat Vij Company

MADHYA GUJARAT VIJ COMPANY LIMITED,VADODARA vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), VADODARA

In the result, the appeal filed by the Revenue is allowed for statistical purpose

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 6.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. I.T.A Nos. 372 to 374/Ahd/2022 & Ors. A.Ys. 2014-15, 2015-16 & 2018-19 Page No 4 DCIT Vs. Madhya Gujarat Vij Company

GUJARAT URJA VIKAS NIGAM LTD,VADODARA vs. THE ACIT, CIRECLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes and the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

234D of the Income Tax Act, 1961. 4.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal.” Ground No.1:- This ground relates to disallowance under Section 14A 4. of the Act. ITA Nos.318&414/Ahd/2020 Gujarat Urja Vikas Nigam Ltd. vs. ACIT/DCIT

PUNEET SINGH R. BHADOURIA,VADODARA vs. THE ITO, WARD-4(1)(9), VADODARA

In the result, appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kambleassessment Year: 2014-15

234D is not justified. 7. Initiation of penalty under Section 271(1)(c) is not justified.” 3. The assessee filed return of income on 14.11.2014 declaring total income at Rs.1,49,070/-. Notice under Section 148 of the Income Tax Act, 1961 was issued on 26.03.2019. Notice under Section 142(1) alongwith Questionnaire was issued on 14.06.2019. In response

KALPANABEN VADILAL SHAH,AHMEDABAD vs. THE ITO, WARD-5(3)(1), AHMEDABAD

In the result, appeal filed by the assessee is allowed in above\nterms

Capital Gain earned during the\nyear under consideration, however without considering various\nsubmissions and material available on record, addition made\nmealy on mechanical manner on the basis of some general\nmodus operandi, without any evidence against the appellant is\nbad in law and therefore the addition made u/s 68 r.w.s.\n115BBE of the Income Tax Act, 1961 for Rs.1

SAURABH PRASANNAVADAN VAKIL,VADODARA, GUJARAT vs. INCOME TAX OFFICER, WARD 1(2)(4)VADODARA(NOW DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1)(1)) , VADODARA, GUJARAT

In the result, the appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 975/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2014-15) बनाम/ Saurabh Prasannavadan Income Tax Officer Ward Vakil 1(2)(4) (Now Deputy Vs. E 402 Nilamber Commissioner Of Income Bellissimo, Vasna Bhayli Tax Road, Vadodara 391410, Circle 1(1)(1), Vadodara Gujarat "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aalpv8393C (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Milin Mehta & Ms. Amrin Pathan, Ar ""यथ" क" ओर से/Respondent By Ms. Ketki Desai, Sr. Dr : Date Of Hearing 26/09/2024 15/10/2024 Date Of Pronouncement O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi, (In Short ‘The Cit(A)’), Dated 06.05.2024 For The Assessment Year (A.Y.) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Had Filed His Original Return Of Income For A.Y. 2014-15 On 30.07.2014 Declaring Total Income Of Rs.2,19,54,960/- & Subsequently A Revised Return With Total Income Of Rs.2,24,26,160/-. The Assessment Was Completed Under Section 143(3) Of The Income

234D of the Act. 5. Shri Milin Mehta, Ld. AR appearing for the assessee submitted that the assessee had sold an immovable property for a consideration of Rs.4,86,86,000/- on 22.02.2014. The capital gain arising on the sale of the property was invested in Bonds of REC & NHAI and exemption of Rs.1 Crore was claimed u/s.54EC

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1)(1), VADODARA vs. GUJARAT URJA VIKAS NIGAM LIMITED, VADODARA

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 4.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. 5.1 At the outset, Ld. Counsel Shri Manish J. Shah appearing for the assessee submitted that the disallowance made u/s.14A

GUJARAT URJA VIKAS NIGAM LTD.,VADODARA vs. THE ACIT, CIRCLE-1(1)(1), VADODARA

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 4.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. 5.1 At the outset, Ld. Counsel Shri Manish J. Shah appearing for the assessee submitted that the disallowance made u/s.14A

GUJARAT URJA VIKAS NIGAM LTD.,VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 4.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. 5.1 At the outset, Ld. Counsel Shri Manish J. Shah appearing for the assessee submitted that the disallowance made u/s.14A

THE JT.CIT, (OSD)CIRCLE-1(1)(1), VADODARA vs. GUJARAT URJA VIKAS NIGAM LTD., VADODARA

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

234D of the Income Tax Act, 1961. 4.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before or at the time of hearing of this appeal. 5.1 At the outset, Ld. Counsel Shri Manish J. Shah appearing for the assessee submitted that the disallowance made u/s.14A

THE ITO, WARD-8(4),, AHMEDABAD vs. VISHAL PLASTOMERS PVT. LTD.,, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

capital gain not claimed due to late receipt of the bills. It be so hold now. 6. Confirming levy of interest u/s 234A/234B/234C & 234D is not justified. 7. Initiation of penalty u/s 271(1)(c) of the Act is not justified.” 6. GROUND NO. 1 & 2 raised by the assessee contest the order of the Ld.CIT(A) confirming disallowance

VISHAL PLASTOMERS PVT. LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE-8,, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

capital gain not claimed due to late receipt of the bills. It be so hold now. 6. Confirming levy of interest u/s 234A/234B/234C & 234D is not justified. 7. Initiation of penalty u/s 271(1)(c) of the Act is not justified.” 6. GROUND NO. 1 & 2 raised by the assessee contest the order of the Ld.CIT(A) confirming disallowance