JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE(INT.TAXN.)-1, AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

depreciation under Section 32(1)(iia) of the Act. These factual aspects were not disputed by the Ld. DR in the present Assessment Years as well. Thus, Ground No. 5 is allowed. 19. As regards to Ground Nos. 6 and 6.1, disallowance of weighted deduction under Section 35 (1)(ii) of the Act, the Ld. AR submitted that the assessee

ALDIABLOS INFOTECH PRIVATE LIMITED,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(1), AHMEDABAD

In the result, all the appeals of the assessee are allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 353, 354, 355, 356 & 357/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18

section 115BBE. The CIT(A) also passed an ex-parte order. The assessee contends that the proper opportunity was not given and seeks a chance to explain the nature and source of such credits. 5. Aggrieved by the orders of CIT(A), the assessee has raised the following grounds of appeal: 1. ITA No.353/Ahd/2024

ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS CADILA HEALTHCARE LTD.),AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

depreciation on the above (as per Para No.7) 10. Trade Mark Registration fee & Rs. 14,14,36,698 Patent Fee (as per Para No. 8) 11. Research & Development Rs. 109,74,61,000 (as per Para No. 9) 12.Disallowance u/s. 14A of the Act Rs.8,05,91,640/- Rs.234,23,50,734/- (as per Para No. 10) Assessed Business Income

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), AHMEDABAD, AHMEDABAD vs. H V INFRATEX LTD, AHMEDABAD

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

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1034/Ahd/2023 िनधा"रण वष" /Assessment Year : 2016-17 Assistant Cit H.V. Infratex Ltd. बनाम/ Circle-2(1)(1) 202, Parth Milan Complex V/S. Ahmedabad Nr. Hotel Nest,Navrangpura Ahmedabad – 380 009 (Gujarat) "थायी लेखा सं./Pan: Aabch 6794 C (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Prakash D. Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 30 /01/2025 घोषणा की तारीख /Date Of Pronouncement: 06/02/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal Filed By The Revenue Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 30.10.2023, Arising Out Of The Assessment Order Dated 10/12/2018 Passed Under Section 144 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”] By The Assistant Commissioner Of Income Tax, Circle 2(1)(1), Ahmedabad [Hereinafter Referred To As “Ao”] For The Assessment Year (Ay) 2016-17. The Asstt. Cit Vs. H.V. Infratex Ltd. Asst. Year : 2016-17

144 on 10.12.2018, making an addition of Rs.5,92,53,633/- under Section 37 of the Act by disallowing 25% of total other expenses of Rs.23,70,14,534/-, on the ground that the assessee failed to substantiate its claim with supporting documents. 3. The assessee preferred an appeal before CIT(A) challenging the ad-hoc disallowance. The assessee submitted

NIRMA LIMITED,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1) NOW DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD

Appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Ms. Suchitra R. Kambleिनधा"रण वष"/Assessment Year: 2013-14 Nirma Limited, The Dy. Commissioner Of Vs. Nirma House, Ashram Road, Income-Tax, Ahmedabad-380 009 Circle-3(1)(1), Pan : Aaacn 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Sanjay Kumar, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 11.07.2024 घोषणा क" तारीख /Date Of Pronouncement: 09.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income-Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 10.04.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2013-14. 2. The Effective Ground Raised By The Assessee Is As Follows:-

Depreciation is withdrawn assessed Normal at Rs.26.55 crores Book Profits at Rs.391.41 crores Tax paid: Rs.79.42 crores Tax payable: Rs.79.14 crores Refund due Rs.28.61 lakhs. Computation now gives full TDS credit, But 244A interest is not calculated although agreed to in order 11.06:2018 34-35 Rectification application by Assessee to correct error in order

THE ACIT., PATAN CIRCLE,, PATAN vs. SHIV REFOILS AND CAKES, CHANSAMA, PATAN

In the result, the Revenue’s appeal is dismissed

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1672/Ahd/2019 िनधा"रण वष" /Assessment Year : 2014-15 The Acit Shiv Refoils & Cakes बनाम/ Patan Circle, Plot No.2 Gidc Estate V/S. Patan – 384 265 Chanasma, Patan

144 of the Act. Various additions were made to the total income, including an addition of Rs.6,08,44,207/- under section 68 of the Act for unexplained capital, Rs.18,93,533/- for disallowance of interest on capital, and Rs.43,62,678/- for depreciation

M/S. TBEA SHENYANG TRASFORMER GROPUP COMPANY LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, INT. TAX.,, VADODARA

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

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleआयकर अपील सं./I.T.A. No. 581/Ahd/2017 (िनधा"रण वष" / Assessment Year : 2012-13) बनाम/ M/S. Tbea Shenyang Deputy Commissioner Of Transformer Group Income Tax Vs. Company Limited International Taxation, National Highway No.-8, Vadodara Villae : Miyagam, Karja, Vadodara, Gujarat - 390007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct4557F (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Arpit Jain, Ar ""यथ" क" ओर से/Respondent By : Shri Mahesh Shah, Cit. Dr 24/04/2025 Date Of Hearing Date Of Pronouncement 22/07/2025 O R D E R Per Smt. Annapurna Gupta, Am:

144 C of the Act and the DRP, after considering the objections of the assessee to the said draft order, dismissed all the objections, confirming the draft order passed by the AO. Accordingly, in the assessment order passed u/s.143(3) r.w.s. 144C of the Act an addition, amounting to Rs.29,50,86,132/-, was made to the income

AKAR LAMINATORS LIMITED,AHMEDABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), AHMEDABAD, AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: This Tribunal & The Case Was Set-Aside Vide Order Dated 01.08.2014 In Ita No. 858 & 927/Ahd/2005 & Accordingly Assessment Was Finalized U/S. 143(3) R.W.S. 254 Of The Act & The Total Loss Was Determined At (-) Rs.22,47,26,293/- After Making Following Additions/Disallowances:

section 144 of the Act was completed determining the loss at (-)Rs.11,72,67,828/-. That assessment was challenged before this Tribunal and the case was set-aside vide order dated 01.08.2014 in ITA No. 858 & 927/Ahd/2005 and accordingly assessment was finalized u/s. 143(3) r.w.s. 254 of the Act and the total loss was determined at (-) Rs.22

AARVEE DENIMS & EXPORTS LTD.,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

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

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.396/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Aarvee Denims & Exports Ltd. The Pr.Cit बनाम/ 191, Shahwadi Ahmedabad-1 V/S. Narol–Sarkhej Highway Ahmedabad – 382 405 (Gujarat) "थायी लेखा सं./Pan: Aabca 6019 P (अपीलाथ&/ Appellant) ('( यथ&/ Respondent) Assessee By : Shri Divyakant Parikh, Ar Revenue By : Shri Prithviraj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19/09/2024 घोषणा की तारीख /Date Of Pronouncement: 27/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

144 B of the Act, with direction to make fresh assessment, which was neither erroneous nor prejudicial to the interest of revenue. The conditions of section 263 having not been satisfied the learned CIT has no jurisdiction to invoke provisions of section 263. It be so held now and the order passed by CIT under section 263 be cancelled

DCIT, CIRCLE-2(1)(1), AHMEDABAD, AAYKAR BHAWAN VEJALPUR vs. SABARKANTHA DISTRICT CO-OPERATIVE MILK PRODUCERS UNION LIMITED, BORIA, HIMATNAGAR

Appeal is dismissed

144. The AO ought to have carved out specific expenditure relatable to the\nearning of such income, and thereafter worked out net dividend income as well as\ninterest income on which deduction under section 80P(2)(d) could be allowed. He did\nnot take such step. Nevertheless, we have examined the facts in the light of earlier\nyears' decisions

TECHNODOT ENGINEERS PVT. LTD,GANDHINAGAR vs. THE DCIT, CIRCLE-2(2), AHMEDABAD

Appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokari.T(Ss).A. Nos.147&148/Ahd/2019 (A.Ys.: 2005-06 & 2006-07) Smt. Neelu Sanjay Gupta, Vs. Deputy Commissioner Of L/H. Of Late Shri Sanjay Gupta Income Tax, B-202, Dhananjay Tower, Central Circle-2(2), Anand Nagar Road, Satellite, Ahmedabad Ahmedabad-380015 [Pan No.Adypg0351K] (Appellant) .. (Respondent) I.T(Ss).A. Nos.21 To 23/Ahd/2020 & 15/Ahd/2022 & Ita No. 93/Ahd/2020) (A.Ys.: 2007-08, 2008-09 & 2006-07 & 2010-11 To 2011-12) M/S. Technodot Engineers Ltd., Vs. Deputy Commissioner Of C/O. Cambay Hotel & Resorts, Income Tax, Plot No. 22, 23, 24 Gidc, Central Circle-2(2), Sector-25, Gandhinagar-382010 Ahmedabad [Pan No.Aabct5392A] (Appellant) .. (Respondent)

144, which allows the income to be determined based on the best judgment of the Assessing Officer when the books of accounts are found to be inadequate or unreliable. Consequently, the assessee was issued a specific questionnaire to clarify the issues raised in the special audit report, but further delays and non-compliance continued, demonstrating the assessee's persistent failure

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT,ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly