THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. AUSOM ENTERPRISE LTD.,, AHMEDABAD

In the result, the appeals of the Revenue are partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 1519 & 1520/Ahd/2016 "नधा"रण वष"/Assessment Year: 2010-11 & 2012-13 & आयकर अपील सं./ Ita No. 857/Ahd/2017 "नधा"रण वष"/Assessment Year: 2013-14

Section 10A are effected? (v) Whether brought forward business losses and unabsorbed depreciation of 10A Units or non 10A Units

LOXIM INDUSTRIES LTD.,AHMEDABAD vs. DCIT (OSD)-1, CIRCLE-4,, AHMEDABAD

In the result, the captioned appeal of assessee is allowed

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

depreciation. 20.2 With a view to rationalize the existing tax incentives in respect of such units, sub-section (6) in sections 10A

SAHAJANAND LASER TECHNOLOGY LTD.,,GANDHINAGAR vs. THE ITO, WARD-4(1)(1),, AHMEDABAD

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Section 10A of the Act is applicable to the assessee. 10. We have heard both the parties and perused all the relevant materials available on record. It is pertinent to note that the CIT(A) has given categorical finding in paragraph no.5.2 of the order that the assessee in the revised Form No.56A has taken the profit from SEZ Unit

THE DY. CIT, CIRCLE-8,, AHMEDABAD vs. SAHAJANAND LASER TECHNOLOGY LIMITED, GANDHINAGAR

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

Section 10A of the Act is applicable to the assessee. 10. We have heard both the parties and perused all the relevant materials available on record. It is pertinent to note that the CIT(A) has given categorical finding in paragraph no.5.2 of the order that the assessee in the revised Form No.56A has taken the profit from SEZ Unit

ELITECORE TECHNOLOGIES PRIVATE LIMITED,AHMEDABAD vs. THE PR. CIT.-2,, AHMEDABAD

In the result, assessee’s appeal is allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

section 10A of the Act, and thus, the Assessing Officer was justified in setting off the unabsorbed losses and depreciation

DECISION CRAFT ANALYTICS LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, both the appeals of the assessee are allowed

Bench: Justice P.P. Bhatt & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1161 & 1162/Ahd/2015 ("नधा"रण वष"/Assessment Years : 2007-08 & 2008-09) Decision Craft Analytics Ltd. The Dcit बनाम/ 601, Shahpath-Ii Circle-1 Vs. Opp. Rajpath Club Ahmedabad Sg Highway, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc 5157 E .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Krupesh Patel, Ar ""यथ" क" ओर से/Respondent By: Shri Vinod Tanwani, Sr.Dr

depreciation on such expenditure. Accordingly, the AO in his assessment order framed under section 143(3) of the Act initiated penalty proceedings on account of furnishing inaccurate particulars of income which was subsequently levied in the penalty order and confirmed in by the learned CIT (A). 9.1. Now the issue before us arises whether the assessee has furnished inaccurate particulars

DECISION CRAFT ANALYTICS LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, both the appeals of the assessee are allowed

Bench: Justice P.P. Bhatt & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1161 & 1162/Ahd/2015 ("नधा"रण वष"/Assessment Years : 2007-08 & 2008-09) Decision Craft Analytics Ltd. The Dcit बनाम/ 601, Shahpath-Ii Circle-1 Vs. Opp. Rajpath Club Ahmedabad Sg Highway, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc 5157 E .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Krupesh Patel, Ar ""यथ" क" ओर से/Respondent By: Shri Vinod Tanwani, Sr.Dr

depreciation on such expenditure. Accordingly, the AO in his assessment order framed under section 143(3) of the Act initiated penalty proceedings on account of furnishing inaccurate particulars of income which was subsequently levied in the penalty order and confirmed in by the learned CIT (A). 9.1. Now the issue before us arises whether the assessee has furnished inaccurate particulars

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1)(1), VADODARA, VADODARA vs. GUJARAT STATE ELECTRICITY CORPORATION LIMITED, VADODARA

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

Bench: Dr Brr Kumarshri Siddhartha Nautiyalआयकर अपील सं /Ita No. 1596/Ahd/2024 िनधा"रण वष" /Assessment Year : 2006-07

10A or section 10B or] section 11 or section 12 apply; or] [ (g) the amount of depreciation,] [if any amount

GUJARAT STATE ELECTRICITY CORPN. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

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

Bench: Dr Brr Kumarshri Siddhartha Nautiyalआयकर अपील सं /Ita No. 1596/Ahd/2024 िनधा"रण वष" /Assessment Year : 2006-07

10A or section 10B or] section 11 or section 12 apply; or] [ (g) the amount of depreciation,] [if any amount

ATUL LIMITED,,AHMEDABAD vs. THE DY.CIT (OSD), RANGE-1,, AHMEDABAD

The appeal are dismissed

Bench: Us, Ld. Counsel For The Assessee Took Us Through The Chronology Of Events Leading To The Rectification Order Passed U/S. 154 Of The Act ,Which Was Carried In Appeal Before The Ld. Cit(A) Who Dismissed The Same & Against Which The Assessee Has Come Up In Appeal Before Us. Ld. Counsel For The

section 32(2) r.w.s 71 of the Act. 22. In the case of SRA systems(supra) the Hon’ble Madras high court was seized with the issue of set off of unabsorbed depreciation prior to deduction u/s 10A

THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. ZYDUS HOSPIRA ONCOLOGY PVT. LTD., AHMEDABAD

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.81/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2011-2012 Dcit, Cir.4(1)(2) Vs. M/S.Zydus Hospira Oncology Ahmedabad. P.Ltd. Plot No.3, Pharmez Sarkhej Bavla Highway Tal. Matoda, Ahmedabad Pin : 382 213. Pan : Aaacz 2327 A अपीलाथ"/ (Appellant) "त् यथ"/ (Respondent)

depreciation at the rate of 60% on computer and software. 5 8. Next ground of appeal of the Revenue is allowance of claim of deduction under section 10AA of the Act on exchange fluctuation gain by the ld.CIT(A). 9. Brief facts of the case in this regard are that assessee has claimed deduction under section 10A

TYCO VALVES & CONTROLS (INDIA) PVT. LTD.,BARODA vs. THE DY.CIT, BARODA CIR- 4,, BARODA

In the result, Assessee’s appeal is partly allowed for statistical purpose

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

10A of the Income-tax Act, even the existing hundred per cent export-oriented undertakings will be eligible to avail of the tax holiday for a full period of five assessment years in a block of eight years. Therefore, the start point of the limitation for claiming the benefit flowing from section 10B would commence from the year of manufacture

DCIT, CIRCLE-2(1)(2), AHMEDABAD vs. KOTA BARAN TOLLWAY PVT. LTD, AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Makarand Vasant Mahadeokar

depreciation. Further, it was submitted that in the case of group concern of the assessee, Chittorgarh Kota Baran Pvt. Ltd., Ahmedabad, similar expenditure has been allowed as revenue expenditure. The assessee further submitted that the assessee company is also eligible for claiming for deduction under Section 80IA(4) of the Act and relied on Gujarat High Court decision

THE ACIT, CICLE-3,, VADODARA vs. M/S. FINE LINE CIRCUITS COMPANY,, VADODARA

In the result, the appeal of the revenue is dismissed

section 10B before or after adjusting unabsorbed depreciation, is concerned, the Assessing Officer while making the adjustment in assessment order has relied on the judgments of the ITAT, Mumbai Tribunal in the case of Jewellery Solutions International (P) Ltd. [2009] 28 SOT 405 (Mum), In this decision it has been held that deduction u/s. 10B is to be allowed from

ANANYA FINANCE FOR INCLUSIVE GROWTH PVT.LTD.,,AHMEDABAD vs. DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(2),, AHMEDABAD

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

Bench: Smt.Annapurna Gupta & Shri Mahavir Prasadassessment Year : 2011-12 Ananya Finance For Inclusive The Dcit, Cir.1(1)(1) Growth P Ltd. Ambawadi 401, Shaan, Op: M.J. Library Ahmedabad 380015. Ashram Road Ahmedabad 380 009. Pan : Aahca 8023 D

depreciation against profits of MFD division. The entire transaction is ,we agree with the Revenue, nothing but a colorable device for tax evasion . 19 31. The doctrine of lifting the corporate veil in tax matters has always been judicially recognized right from the decision of the Hon’ble apex court in Mcdowell and Company Ltd. Vs Commercial Tax Officer reported

DECISION CRAFT ANALYTICS LTD. ( NOW MERGED WITH AUDIENCE MEASUREMENT AND ANALYTICS PVT. LTD. ),AHMEDABAD vs. THE DY.CIT.,(OSD),RANGE-1,, AHMEDABAD

In the result, the appeal is allowed for statistical purpose

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No. 2336/Ahd/2014 ("नधा"रण वष" / Assessment Year : 2006-07) Decisioncraft Analytics Ltd. Dy. Commissioner Of बनाम/ (Now Merged With Audience Income Tax (Osd), Vs. Measurement Private Range – I, Limited), Ahmedabad. 601, Shapath-Ii Opp. Rajpath Club Ahmedabad – 380 015. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcc 5157 E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Krutesh Patel, Ar ""यथ" क" ओर से/Respondent By : Shri V. K. Singh, Sr. D.R.

depreciation are first required to be set off against the business profits of the current year before computing any deduction/exemption under the Act. For the year under consideration, deduction under section 10A

CREST SPECIALITY RESINS PRIVATE LIMITED,KHEDA, GUJARAT vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), AHMEDABAD (NOW DCIT, CIRCLE 1(1)(1), AHMEDABAD), AHMEDABAD, GUJARAT

In the result, the appeal of the assessee is allowed for both the years under consideration

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

depreciation on electrical items as electrical installation at the rate of 15%. Your appellant craves the right to add to or alter, amend, substitute, delete or modify all or any of the above grounds of appeal.” Ground Nos. 3 to 5 : Research and Development expenses under Section 35(2AB) of the Act 3. The brief facts of the case

CREST SPECIALITY RESINS PRIVATE LIMITED,KHEDA, GUJARAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), AHMEDABAD (NOW DCIT, CIRCLE 1(1)(1),AHMEDABAD), AHMEDABAD, GUJARAT

In the result, the appeal of the assessee is allowed for both the years under\nconsideration

depreciation on electrical items as electrical installation at the rate of\n15%.\n\nYour appellant craves the right to add to or alter, amend, substitute, delete or modify\nall or any of the above grounds of appeal.\n\nدو\n\nGround Nos.3 to 5 : Research and Development expenses under Section\n35(2AB) of the Act\n\n3. The brief facts