UNIMED TECHNOLOGIES LIMITED,PANCHMAHAL vs. THE ACIT, CIRCLE-2(1)(1), VADODARA

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2016-17 Unimed Technologies Limited Acit, Cir.2(1)(1) Survey No.22 & 22, Vs. Vadodara. Baska, Ujeti Halol Panchmahal Pan : Aaace 4022 B Asstt.Year : 2016-17 Acit, Cir.2(1)(1) Unimed Technologies Limited Vadodara. Vs. Survey No.22 & 22, Baska, Ujeti Halol Panchmahal Pan : Aaace 4022 B (Applicant) (Responent) : Shri Bandish Soparkar, Ar Assessee By : Shri Sher Singh, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 17/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 24/07/2025 आदेश आदेश/O R D E R आदेश आदेश

245/- made on account of software expenditure holding it as allowable expenditure under section 37(1), without appreciating the findings of the AO that the expenditure gave enduring benefit to the assessee? 2. Whether, on facts and in the circumstances of the case and in law, the Ld. CIT(A) is justified in deleting the addition of Rs.1

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA, RACE COURSE vs. UNIMED TECHNOLOGIES LIMITED, HALOL

Accordingly dismissed.\n18.9 Based on the findings and conclusions set out hereinabove, the\nappeal filed by the Revenue stands dismissed, whereas the appeal filed by\nthe assessee is partly allowed

section 37(1) was also rejected by the CIT(A), following the Revenue's\nstand that such cess was not allowable as deduction from business income\nunder the prevailing interpretation of the law.\n5.\nAggrieved by the relief granted, the Revenue has filed appeal in ITA\nNo. 632/Ahd/2024 raising the following grounds:\n1. Whether, on facts and in the circumstances

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 RAHUL DHARMENDRA SHAH,AHMEDABAD vs. THE PR. CIT-5, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita Nos. 75/Ahd/2020 िनधा"रण वष"/Asstt. Year: 2015-2016 Rahul Dharmendra Shah, The Principal Commissioner 14, Chandra Prakash Society, Vs. Of Income Tax-5, Vibhag-2, Kankariya, Ahmedabad. Ahmedabad-380022. Pan: Cqjps5772C

capital gain claimed by the assessee merely on strength of primary evidences submitted by him. Thus, the AO erred in not conducting the proper and requisite enquiry despite having the report from DDIT and SEBI available on ITD portal which is prejudicial to the interest of Revenue. The learned Pr. CIT also placed reliance on the judgment

SHRI DHARMENDRA CHAMPAKLAL SHAH,AHMEDABAD vs. THE PR.CIT-5, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita Nos. 75/Ahd/2020 िनधा"रण वष"/Asstt. Year: 2015-2016 Rahul Dharmendra Shah, The Principal Commissioner 14, Chandra Prakash Society, Vs. Of Income Tax-5, Vibhag-2, Kankariya, Ahmedabad. Ahmedabad-380022. Pan: Cqjps5772C

capital gain claimed by the assessee merely on strength of primary evidences submitted by him. Thus, the AO erred in not conducting the proper and requisite enquiry despite having the report from DDIT and SEBI available on ITD portal which is prejudicial to the interest of Revenue. The learned Pr. CIT also placed reliance on the judgment

VAISHALI BABUBHAI PATEL,AHMEDABAD vs. THE PR. CIT-3, AHMEDABAD

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

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./ Ita No. 380/Ahd/2020 धििाधरणवरध/Asstt. Year: 2015-2016 Vaishali Babubhai Patel, The Principal Commissioner B-201, Vs. Of Income Tax-3, Gala Gardenia Apartments, Ahmedabad. Nr. Safal Parisar, South Bopal, Ahmedabad-380058. Pan: Abdpp0233G

gain was correctly computed. A.Y. 2015-16 4 5.2 The contentions raised by the assessee has been considered but not found acceptable. The assessee herself has admitted that the improvement expenses were Incurred before purchase of land and before execution of purchase deed. Further as per condition No.3 of the purchased deed No.892/2004, it has been specifically mentioned that

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX-1(1)(1),, BARODA

In the result, the appeal is allowed for statistical purposes

capital gains\n11.\nBefore us, the counsel for the assessee submitted that this ground is\nrelevant only if ground number 14A and ground related to brokerage charges\nare allowed in favour of the Revenue, in the appeal filed by the Department.\nITA No. 954/Ahd/2016, 1315/Ahd/2016,\n1807/Ahd/2017 & 2033/Ahd/2017\nAmbalal Sarabhai Enterprises Ltd. vs. DCIT\n& DCIT/ACIT vs. Ambalal Sarabhai Enterprises

THE ASST. CIT.,CIRCLE-1(1),, BARODA vs. AMBALAL SARABHAI ENTERPRISES LIMITED,, BARODA

In the result, the appeal is allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

capital gains 11. Before us, the counsel for the assessee submitted that this ground is relevant only if ground number 14A and ground related to brokerage charges are allowed in favour of the Revenue, in the appeal filed by the Department. ITA No. 954/Ahd/2016, 1315/Ahd/2016, 1807/Ahd/2017 & 2033/Ahd/2017 Ambalal Sarabhai Enterprises Ltd. vs. DCIT & DCIT/ACIT vs. Ambalal Sarabhai Enterprises Ltd. Asst

AMBALAL SARABHAI ENTERPRISES LIMITED,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

In the result, the appeal is allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

capital gains 11. Before us, the counsel for the assessee submitted that this ground is relevant only if ground number 14A and ground related to brokerage charges are allowed in favour of the Revenue, in the appeal filed by the Department. ITA No. 954/Ahd/2016, 1315/Ahd/2016, 1807/Ahd/2017 & 2033/Ahd/2017 Ambalal Sarabhai Enterprises Ltd. vs. DCIT & DCIT/ACIT vs. Ambalal Sarabhai Enterprises Ltd. Asst

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHI ENTERPRISES LIMITED,, VADODARA

In the result, the appeal is allowed for statistical purposes

capital gains\n11. Before us, the counsel for the assessee submitted that this ground is\nrelevant only if ground number 14A and ground related to brokerage charges\nare allowed in favour of the Revenue, in the appeal filed by the Department.\nITA No. 954/Ahd/2016, 1315/Ahd/2016,\n1807/Ahd/2017 & 2033/Ahd/2017\nAmbalal Sarabhai Enterprises Ltd. vs. DCIT\n& DCIT/ACIT vs. Ambalal Sarabhai Enterprises

SHRI HARAPALSINH B CHUDASAMA,AHMEDABAD vs. THE ITO, WARD-3(2)(2), AHMEDABAD

Bench: Ms. Suchitra Kambleassessment Year: 2015-16

245/- being Long Term Capital Gain u/s.50C of the Act. 3. On the facts and in the circumstances of the case of the appellant, the learned CIT(A) erred in not adjudicating Ground no.3 relating to addition of Rs.3,36,435/- being alleged undervaluation of property purchased by appellant u/s.56(2) of the Act.” 3. The assessee filed return

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)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

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)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

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)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

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)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

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)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

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)

gain on the sale of assets. 5.2 On the other hand, the learned DR vehemently supported the order of the authorities below. 6. As regards the interest income shown by the assessee on the loans & advances given to the employees, we note that there was identical issue before this Tribunal in the case of sister concern of the assessee namely

THE INCOME TAX OFFICER,WARD-3, GANDHINAGAR vs. SHRI RAMESH GOBARJI THAKOR, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Ms. Suchitra Raghunath Kambleassessment Year : 2010-11 Income-Tax Officer Vs. Shri Ramesh Gobarji Thakor Ward-3 Sector 11 Gandhinagar. Gandhinagar. Pan : Aespt 3446 H (Applicant) (Responent) Assessee By : Shri S.N. Soparkar, Sr.Advocate & Shri Parin Shah, Ars. Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 16/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 11/07/2024 आदेश आदेश/O R D E R आदेश आदेश

capital gain. Similarly for A.Y. 2010-11, the appellant has made available the copy of the assessment order passed u/s 144 r.w.s.147 of the Act in the case of Smt. Hansaben M. Patel which also reflected the addition of Rs.33,36,89,804/- being the aggregated amounts credited in the bank account with Indian Bank, Navrangpura Branch, Ahmedabad