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

depreciation of 10A Units or non 10A Units can be set off against the profits of another 10A Units of the assessee. 13. Hon’ble Supreme Court has held that for the purpose of calculation of deduction under section 10AA it has to be computed prior to set off of these unabsorbed deprecation, brought forward loss of other units. Relevant

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

sections 10A and 10B were amended by Finance Act 2003 with retrospective effect from 1-4-2001. Circular No. 7/2003, dated 5-9-2003 explains the amendments brought by Finance Act, 2003. The relevant paragraph is reproduced below: "20. Providing for carry forward of business losses and unabsorbed depreciation

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

depreciation of Mumbai unit, while computing the deduction under section 10A of the Act. 5. Feeling aggrieved and dissatisfied with

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

5 of 12 8. The Ld. D.R. submitted that the assessee did not furnish Form No.56AA as per records. The Ld. D.R. further submitted that the documents relevant were not filed by the assessee. The ld. D.R. further observed that the CIT(A) has not provided any reason as regards the non-fulfilment of the conditions given under Section 10A

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

5 of 12 8. The Ld. D.R. submitted that the assessee did not furnish Form No.56AA as per records. The Ld. D.R. further submitted that the documents relevant were not filed by the assessee. The ld. D.R. further observed that the CIT(A) has not provided any reason as regards the non-fulfilment of the conditions given under Section 10A

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, if any such amount is credited to the profit and loss account; or [ (iia) the amount of depreciation debited to the profit and loss account (excluding the depreciation on account of revaluation of assets); or (iib ) the amount withdrawn from revaluation reserve and credited to the profit and loss

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, if any such amount is credited to the profit and loss account; or [ (iia) the amount of depreciation debited to the profit and loss account (excluding the depreciation on account of revaluation of assets); or (iib ) the amount withdrawn from revaluation reserve and credited to the profit and loss

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

depreciation prior to deduction u/s 10A of the Act, which it was held was not tenable in law since deduction u/s section 10A of the Act was to be made while computing the gross total income under chapter IV of the Act and not at the stage of computation of total income under chapter VI of the Act, being exemption

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

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

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

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

THE DY. CIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT MICROWAX LTD.,, AHMEDABAD

In the result, both of the Appeals of Revenue are partly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

depreciation, allocation of administrative and general expenses between Unit-I and Unit-II, etc. Therefore, the assessee submitted Revised COI with rectified working of deduction on multiple occasions. While completing assessment, Ld. AO allowed deduction u/s 10B as per his own working, which caused mainly following grievances to the assessee: (i) Deduction has been wrongly disallowed in respect of Misc

THE DY. CIT, CIRCLE-2(1)(1),, AHMEDABAD vs. M/S. GUJARAT MICROWAX LTD.,, AHMEDABAD

In the result, both of the Appeals of Revenue are partly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani

depreciation, allocation of administrative and general expenses between Unit-I and Unit-II, etc. Therefore, the assessee submitted Revised COI with rectified working of deduction on multiple occasions. While completing assessment, Ld. AO allowed deduction u/s 10B as per his own working, which caused mainly following grievances to the assessee: (i) Deduction has been wrongly disallowed in respect of Misc

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

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

RANBAXY LABORATORIES LTD.,DELHI vs. DCIT, NEW DELHI

In the result, the appeal of the assessee in IT(TP) A No

Bench: Justice P.P. Bhatt & Shri Waseem Ahmed1. आयकर अपील सं./It(Tp)A No. 1782/Del/2014 2. आयकर अपील सं./It(Tp)A No. 781/Del/2015 ("नधा"रण वष"/Assessment Years : 2009-10 & 2010-11) Ranbaxy Laboratories Ltd. The Dcit बनाम/ 12Th Floor, Devika Tower Circle-21(1), New Vs. 6, Nehru Place, New Delhi Delhi/ 110 019 Addl.Cit Range-15 New Delhi "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacr0127N .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri S.N.Soparkar, Shri Vartik Chokshi, Ms.Urvashi Shodhan & Shri P.Shah, Ars ""यथ" क" ओर से/Respondent By: Shri Mahesh Shah, Cit-Dr

section 192 of the Act. But the assessee has claimed such expenses without deducting the TDS. Thus the impugned expenses cannot be allowed under section 40(a)(ia) of the Act. The ld. DR vehemently supported the order of the lower authorities. 17. We have heard the rival contentions of both the parties and perused the material available on records