SANDEEP MOHANRAJ SINGHI,AHMEDABAD vs. ACIT, CIRCLE4(2), AHMEDABAD, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2018-19

capital gain arising on sale of shares was duly disclosed by the assessee in its return and deduction under Section 11(1A) of the Act was claimed, as eligible to the assessee. He submitted that this was not the case of any loan or share application money, the creditworthiness or genuineness of which was required to be established

THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. SHRI KAILASH RAMAVATAR GOENKA, AHMEDABAD

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

84,11,000 receipts - Unaccounted cash i 4,64,61,650 7,45,07,478 14,46,47,732 1,94,62,000 payments Total Assessed 5 25,67,83,317 39,25,26,792 86,11,44,005 45,66,39,878 Income 6 Rounded

DR K R SHROFF FOUNDATION,AHMEDABAD vs. THE DY. CIT, CIRCLE-1, EXMP, AHMEDABAD

In the result, appeal of the assessee is partly allowed\n\n29

capital gain arising on sale of shares\nwas duly disclosed by the assessee in its return and deduction under\nSection 11(1A) of the Act was claimed, as eligible to the assessee. He\nsubmitted that this was not the case of any loan or share application\nmoney, the creditworthiness or genuineness of which was required to be\nestablished

ACIT (EXEMPTION) CIRCLE 1 AHMEDABAD, AHMEDABAD vs. DR K R SHROFF FOUNDATION, AHMEDABAD

In the result, appeal of the assessee is partly allowed\n\n29

capital gain arising on sale of shares\nwas duly disclosed by the assessee in its return and deduction under\nSection 11(1A) of the Act was claimed, as eligible to the assessee. He\nsubmitted that this was not the case of any loan or share application\nmoney, the creditworthiness or genuineness of which was required to be\nestablished

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

84,012/- under section 36(1)(va) of the Act since the same was deposited beyond the statutory due date, relying on the jurisdictional Gujarat High Court ruling in Gujarat State Road Transport Corporation and subsequent amendments brought by Finance Act 2021 which clarified that section 43B relief is not available for employees’ contribution deposited beyond due date

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

84,012/- under section 36(1)(va) of the Act since the same was deposited beyond the statutory due date, relying on the jurisdictional Gujarat High Court ruling in Gujarat State Road Transport Corporation and subsequent amendments brought by Finance Act 2021 which clarified that section 43B relief is not available for employees’ contribution deposited beyond due date

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

84,012/- under section 36(1)(va) of the Act since the same was deposited beyond the statutory due date, relying on the jurisdictional Gujarat High Court ruling in Gujarat State Road Transport Corporation and subsequent amendments brought by Finance Act 2021 which clarified that section 43B relief is not available for employees’ contribution deposited beyond due date

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

84,012/- under section 36(1)(va) of the Act since the same was deposited beyond the statutory due date, relying on the jurisdictional Gujarat High Court ruling in Gujarat State Road Transport Corporation and subsequent amendments brought by Finance Act 2021 which clarified that section 43B relief is not available for employees’ contribution deposited beyond due date

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

84,012/- under section 36(1)(va) of the Act since the same was deposited beyond the statutory due date, relying on the jurisdictional Gujarat High Court ruling in Gujarat State Road Transport Corporation and subsequent amendments brought by Finance Act 2021 which clarified that section 43B relief is not available for employees’ contribution deposited beyond due date

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

84,012/- under section 36(1)(va) of the Act since the same was deposited beyond the statutory due date, relying on the jurisdictional Gujarat High Court ruling in Gujarat State Road Transport Corporation and subsequent amendments brought by Finance Act 2021 which clarified that section 43B relief is not available for employees’ contribution deposited beyond due date

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

84 taxmann.com 186 (Delhi) and held that the CBDT Circular dated 11th May 2014 cannot override the expressed provisions of Section 14A read with Rule 8D after considering various other High Court judgements as follows: 30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

84 taxmann.com 186 (Delhi) and held that the CBDT Circular dated 11th May 2014 cannot override the expressed provisions of Section 14A read with Rule 8D after considering various other High Court judgements as follows: 30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

84 taxmann.com 186 (Delhi) and held that the CBDT Circular dated 11th May 2014 cannot override the expressed provisions of Section 14A read with Rule 8D after considering various other High Court judgements as follows: 30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

84 taxmann.com 186 (Delhi) and held that the CBDT Circular dated 11th May 2014 cannot override the expressed provisions of Section 14A read with Rule 8D after considering various other High Court judgements as follows: 30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which

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

Appeal are dismissed

84,012/- under section 36(1)(va) of the Act since the same was deposited\nbeyond the statutory due date, relying on the jurisdictional Gujarat High\nCourt ruling in Gujarat State Road Transport Corporation and subsequent\namendments brought by Finance Act 2021 which clarified that section 43B\nrelief is not available for employees' contribution deposited beyond due date.\nThe

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

Appeal are dismissed

84,012/- under section 36(1)(va) of the Act since the same was deposited\nbeyond the statutory due date, relying on the jurisdictional Gujarat High\nCourt ruling in Gujarat State Road Transport Corporation and subsequent\namendments brought by Finance Act 2021 which clarified that section 43B\nrelief is not available for employees' contribution deposited beyond due date.\nThe

DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD, AAYAKAR BHAWAN, ASHRAM ROAD, AHMEDABAD vs. PARUL AROGYA SEVA MANDAL TRUST, , AHMEDABAD

Appeals are allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

84,991/- The addition is confirmed without any evidence and material deserves to be deleted. It be deleted now. 4. The assessee craves leave to add, amend, alter, delete, change or modify any or all grounds of appeal before or at the time of the hearing. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

PARUL UNIVERSITY,VADODARA vs. THE DY.CIT,EXEMPTION CIRCLE-1, AHMEDABAD

Appeals are allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

84,991/- The addition is confirmed without any evidence and material deserves to be deleted. It be deleted now. 4. The assessee craves leave to add, amend, alter, delete, change or modify any or all grounds of appeal before or at the time of the hearing. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University

DCIT, CENTRAL CIRCLE1(2), AHMEDABAD, AHMEDABAD vs. PARUL AROGYA SEVA MANDAL TRUST, AHMEDABAD

Appeals are allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar, Accountnat Member

84,991/- The addition is confirmed without any evidence and material deserves to be deleted. It be deleted now. 4. The assessee craves leave to add, amend, alter, delete, change or modify any or all grounds of appeal before or at the time of the hearing. ITA No 991,992,993,1018 & 1019/Ahd/2023. Parul Arogya Seva Mandal Trust & Parul University