DIAMOND TEXTILES MILLS LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(4),, AHMEDABAD

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

Bench: Shri N.K. Billaiya & Shri S. S. Godara)

276/- and the First Appellate Authority has netted off the process loss of Rs. 1,89,57,661/- and has restricted the addition justifiably at Rs. 32,14,385/-. The finding of the First Appellate Authority needs no disturbance. Ground no. 1 is accordingly dismissed. 11. Ground no. 2 relates to the addition of commission expenses

ITO(EXEMPTIONS),, AHMEDABAD vs. CHAMUNDA FOUNDATION,, AHMEDABAD

In the result, the CO No.83/Ahd/2015 filed by the assessee is allowed for statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl.

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

CHAMUNDA FOUNDATION,AHMEDABAD vs. THE CIT,, GANDHINAGAR

In the result, the CO No.83/Ahd/2015 filed by the assessee is allowed for statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl.

gains of business shall be computed in accordance with section 30 to section 43C. That, section 32(1) of the Act provides for depreciation in respect of building, plant and machinery owned by the assessee and used for business purposes. It further provides for deduction subject to section 34. In that matter also, a similar argument, as in the present

PRABODH MOHANLAL SHAH,VADODARA vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE INTL. TAXATION, VADODARA

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

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

section 144C(1) of the Income Tax Act, 1961 relating to the Asst. Year 2018-19. I.T.A No. 331/Ahd/2022 A.Y. 2018-19 Page No 2 Prabodh Mohanlal Shah vs. ACIT 2. Brief facts of the case is that the assessee is a Non Resident Indian residing in United States of America has shown Long Term Capital Gain of Rs.56

SUZUKI MOTOR GUJARAT PVT LTD,AHMEDABAD, GUJARAT vs. PRINCIPLE COMMISSONER OF INCOME TAX, AHMEDANAD-3, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

276/- u/s 115JB of the Act. 4. The issue : The Ld. PCIT has sought to revise the assessment order dated 08.11.2021 passed by the assessing officer under section 143(3) r.w.s 144C(3) and 144B of the Act on the ground that the same was erroneous in so far as prejudicial to the interests of the Revenue, inasmuch

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

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

section 115JB(2). 13. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance of proportionate R & D revenue expenses incurred by the assessee on behalf of Sun Pharmaceutical Industries and Sun Pharma Sikkim the firms without appreciating the facts and reasons mentioned by the AO in the assessment order

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

section 115JB(2). 13. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance of proportionate R & D revenue expenses incurred by the assessee on behalf of Sun Pharmaceutical Industries and Sun Pharma Sikkim the firms without appreciating the facts and reasons mentioned by the AO in the assessment order

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

section 115JB(2). 13. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance of proportionate R & D revenue expenses incurred by the assessee on behalf of Sun Pharmaceutical Industries and Sun Pharma Sikkim the firms without appreciating the facts and reasons mentioned by the AO in the assessment order

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

section 115JB(2). 13. On the facts and circumstances of the case and in law, the CIT(A) erred in deleting the disallowance of proportionate R & D revenue expenses incurred by the assessee on behalf of Sun Pharmaceutical Industries and Sun Pharma Sikkim the firms without appreciating the facts and reasons mentioned by the AO in the assessment order

THE ACIT, CIRCLE-5,, AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1187 & 896/Ahd/2013 िनधा"रण वष"/Asstt. Years: 2000-2001 & 2004-2005 Nirma Limited, A.C.I.T., Nirma House, Vs. Circle-5, Ashram Road, Ahmedabad. Ahmedabad.

276/- which was not allocated to the manufacturing units eligible for deduction under section 80IA of the Act. The assessee, for not allocating the loss of the corporate division to the eligible units, contended that: i. There was the huge interest expenses in the corporate division on the borrowed fund which was utilized for the purpose of the fixed assets

NIRMA LIMITED,AHMEDABAD vs. THE DY CIT, CIRCLE-5,, AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1187 & 896/Ahd/2013 िनधा"रण वष"/Asstt. Years: 2000-2001 & 2004-2005 Nirma Limited, A.C.I.T., Nirma House, Vs. Circle-5, Ashram Road, Ahmedabad. Ahmedabad.

276/- which was not allocated to the manufacturing units eligible for deduction under section 80IA of the Act. The assessee, for not allocating the loss of the corporate division to the eligible units, contended that: i. There was the huge interest expenses in the corporate division on the borrowed fund which was utilized for the purpose of the fixed assets

M/S THE SPUNPIPE & CONSTRUCTION CO. (BARODA) PVT. LTD.,,BARODA vs. DCIT, CIRCLE-2(1) (1),, BARODA

In the result, appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. Nos. 2594 & 2612/Ahd/2017 ("नधा"रण वष" / Assessment Years : 2013-14 & 2014-15)

capital gain and business income having regard the FMV of the land at the time of conversion while drawing the computation of income. The learned AR insisted that all the relevant details are available on record and therefore sought a direction that the tax liability should be determined applying correct position of law notwithstanding error committed by assessee instead

ABDULVAHED A. SHEIKH, LEGAL HEIROF LATE SMT. SARIFABEN BIKHUBHAI SHEK,,AHMEDABAD vs. THE ITO, WARD-7(2)(5),, AHMEDABAD

The appeal of the assessee is allowed in above terms

Capital Gain [LTCG] of Rs. 32,63,644 in as much as the fair market value as on 01-04-1981 should have been adopted as per Registered Valuer Report. 2.1 The appellant says and submits that the AR visited CIT(A) three to four times explained the case. However, the same is not taken into consideration and the order

THE ITO, WARD-1(4),, AHMEDABAD vs. M/S. DISHMAN INFRASTRUCTURE LTD.,, AHMEDABAD

In the result, appeal of the Revenue and its cross objections are dismissed, whereas the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Sinh

276 ITR 411 (Gu].], it was held as under: "27. The CIT, having issued certificate under section 68(2) of the Scheme, judicial discipline requires that the authorities entrusted with administering law proceed on the basis that the certificate granted by the CIT would indicate satisfaction of all the requisite conditions as required by the provisions of the scheme

DISHMAN INFRASTRUCTURE LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(4),, AHMEDABAD

In the result, appeal of the Revenue and its cross objections are dismissed, whereas the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Sinh

276 ITR 411 (Gu].], it was held as under: "27. The CIT, having issued certificate under section 68(2) of the Scheme, judicial discipline requires that the authorities entrusted with administering law proceed on the basis that the certificate granted by the CIT would indicate satisfaction of all the requisite conditions as required by the provisions of the scheme

THE ACIT, CIRCLE-5(2),, AHMEDABAD vs. M/S. RIVER VIEW HOTELS,, AHMEDABAD

In the result, Revenue’s appeal is dismissed

Bench: Shri N.K. Billaiya & Ms. Madhumita Royआयकर अपील सं./I.T.A. No.1799/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13)

276/-. The assessee has claimed deduction u/s.35AD of the Act. It is relevant to mention that the assessee has commenced its operation of business w.e.f. 17.11.2011 under the brand name “always” River view Hotel. The assessee thereafter applied for categorization as three-star hotel before the Ministry of Tourism under the aegis of Government of India on 07.06.2013. Such classification

APPLEWOODS ESTATE PVT. LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD

In the result, appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No. 198/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2012-13)

capital gains and quantification thereof. The FSI entitled to the assessee and attached to the global land that sold thereafter has to be assigned cost incurred in proportion to the quantity of FSI sold. The doctrine of matching concept for determination of true profits arising from a ITA Nos. 198 & 600/Ahd/18 [Applewood Estate Pvt. Ltd.] A.Y.2012-13 - 38 - transaction