DCIT CIRCLE-2(1)(1), AHMEDABAD, VEJALPUR vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT, BODAKDEV AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

DCIT, CIRCLE-2(1)(1) AHMEDABAD, AHMEDABAD vs. ERIS LIFESCIENCE LIMITED SHIVARTH AMBIT, AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

DCIE CIRCLE-2(1)(1), AHEMDABAD, VEJALPUR vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT, BODAKDEV AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DELHI (PRESENT JURISDICTION - THE DY. CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DEHI (PRESENT JURISDICTION- THE DY.CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DELHI (PRESENT JURISDICTION- THE DY. CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASMAN INVESTMENTS LTD., AHMEDABAD

In the result, Ground No.2 of the Revenue’s appeal is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad, Judicial Memebr आयकर अपील सं./I.T.A. No. 3138/Ahd/2015 ("नधा"रण वष" / Assessment Year : 2011-12)

Section 50 of the Act, the capital gains is deemed to be short term capital gain but wherever the assets have been held for a period of more than 36 months. Such capital gains for all other purposes of the Income Tax Act including for the purposes of set off has to be treated as long term capital gain

DCIT CIRCLE-2(1)(1), AHMEDABAD, AHMEDABAD vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT , BODAKDEV AHMEDABAD

Appeal are dismissed

gains must be considered as\npart of eligible income and recomputed the deduction under section 80-IE\naccordingly. Further, the assessee made additional claims during assessment\nproceedings namely exclusion of GST/excise refund from book profit and\ngrant of indexation while computing book profit u/s 115JB. The AO rejected\nthese claims on the ground that such relief could be claimed only

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DEHI (PRESENT JURISDICTION- THE DY. CIT, CIRCLE-2(1)(1), AHMEDABAD

Appeal are dismissed

gains must be considered as\npart of eligible income and recomputed the deduction under section 80-IE\naccordingly. Further, the assessee made additional claims during assessment\nproceedings namely exclusion of GST/excise refund from book profit and\ngrant of indexation while computing book profit u/s 115JB. The AO rejected\nthese claims on the ground that such relief could be claimed only

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

NUTAN NAGRIK SAHAKARI BANK LIMITED,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

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

section 5, refers to the total amount of income\nfrom whatever source derived, computed in accordance with the\nprovisions of the Act. The Statute does not carve out any exception\nexcluding capital gains or income under any other head for the limited\npurpose of computing this deduction. Therefore, when the law itself\nemploys the expression “total income” without qualification

THE ITO, WARD-3(3)(4),, AHMEDABAD vs. RAEVA PARIKH TRUST,, AHMEDABAD

In the result, the appeal is dismissed

capital gain of Rs. 1.25 Crore and claiming the deduction under Section 54 to the extent of Rs. 1.25 Crore declaring Rs. Nil as income. 6.5 The AO disallowed the deduction u/s.54 with following observations: (i) Trust cannot get the benefit of Section 54 but only Individual and HUF is entitled; and (ii) Bhavnaben is not the beneficiary on date

M/S. KIRI DYES AND CHEMICALS LTD.,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

237 ITR 579 and Pandian Chemicals Ltd. vs. CIT Reported in 262 ITR 278. 3.3 Besides this, the AO was also of the opinion that the assessee is not eligible for exemption under section 10B of the Act for the reasons as detailed under: i. It was mandatory on the part of the assessee to file the certificate

SHRI KAMLESH CHANDRAKANT PATEL,,AHMEDABAD vs. THE ACIT, CIRCLE-6,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

gain realized from sale of capital asset should have been parted by the assessee and invested either in purchasing a residential house or in constructing a residential house. If after making the entire payment, merely because a registered sale deed had not been executed and registered in favour of the assessee before the period stipulated, he cannot be denied

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. SMT. BIJALBEN VIPULBHAI HARIA,, AHMEDABAD

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Wassem Ahmedआयकर अपील सं./I.T.A. No. 1554/Ahd/2016 With C.O. No. 110/Ahd/2016 ("नधा"रण वष" / Assessment Year: 2010-11) Dcit Smt Bijalben Vipulbhai बनाम/ Cir. 1(1)(1), A’ Wing, Haria Vs. Room No. 309, 3Rd Floor, 2, Indraprastha Bunglow, Pratyakhsh Kar Bhavan, Opp Management Enclave, Ambawadi, Ahmedabad- Vastrapur, Ahmedbad- 380015 380015 Smt Bijalben Vipulbhai Dcit Haria Cir. 1(1)(1), A’ Wing, Room No. 309, 3Rd Floor, 2, Indraprastha Bunglow, Opp Management Enclave, Pratyakhsh Kar Bhavan, Vastrapur, Ahmedbad-380015 Ambawadi, Ahmedabad- 380015 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aac Ph7 513 E (Appellant/Respondent) .. (Respondent/Cross Objector) अपीलाथ" ओर से /Appellant By : Shri L. P. Jain, Sr. Dr, Shri Dhiren Shah, Ar ""यथ" क" ओर से / Respondent By : सुनवाई क" तार"ख / Date Of 13/06/2019 Hearing घोषणा क" तार"ख /Date Of 05/09/2019 Pronouncement आदेश/O R D E R Per Mahavir Prasad - Jm:

237 ITA No.1554/Ahd/2016 with C.O. No. 110/Ahd/2016 [DCIT vs. Smt. Bijalben Vipulbhai Haria] A.Y. 2010-11 - 3 - service charges 1998-99 Interest 12,530 1999-00 Interest 19,726 And later of these properties above said properties were mortgaged with the Madhupura Mercantile Co. Op. Bank Ltd. against loan taken for their business purpose. Thereafter, she entered into a Banakhat

NIRANJAN HATHISING SHAH,AHMEDABAD vs. ITO, INT.TAX-1, AHMEDABAD

In the result, appeal filed by the Assessee is allowed

Bench: Shri Mahavir Prasad & Shri Amarjit Singh) (Through Virtual Court)

237/-. In the return of income filed in response to notice u/s 148 of the Act, the assessee has shown consideration of sale of land at Rs. 18,70,000/- and after deducting indexed cost of acquisition, the assesse has worked out the Long Term Capital Gain of Rs. 12,12,616/-. 3 . A.Y. 2011-12 4. Against which assesse

THE ACIT, CIRCLE-2(2),, BARODA vs. SHRI PRABUDDHA P. PATEL,, BARODA

Appeal is dismissed

gains addition of Rs.3.08crores after taking fair market value of the capital asset sold as Rs.3.29 crores u/s.50C of the Act in assessment order dated 22.12.2011. 3. The assessee preferred appeal. The CIT(A) appointed a DVO u/s.50C (2) of the Act. The said Valuation Officer’s report/order dated 29.01.2014 determined fair market value of assessee’s capital asset

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