SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-8,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

3 cars namely Audi-A6, Sonata, Innova on the reasoning A.Y. 2009-2010 with others 11 that the assessee has failed to furnish the ownership of the cars in dispute which is one of the prerequisite to claim depreciation. Admittedly, the assessee has furnished the purchase invoices and RC book which are placed on pages 145

THE DCIT, CIRCLE-8,, AHMEDABAD vs. SHIVAM WATER TREATERS PVT. LTD.,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

3 cars namely Audi-A6, Sonata, Innova on the reasoning A.Y. 2009-2010 with others 11 that the assessee has failed to furnish the ownership of the cars in dispute which is one of the prerequisite to claim depreciation. Admittedly, the assessee has furnished the purchase invoices and RC book which are placed on pages 145

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-8, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

3 cars namely Audi-A6, Sonata, Innova on the reasoning A.Y. 2009-2010 with others 11 that the assessee has failed to furnish the ownership of the cars in dispute which is one of the prerequisite to claim depreciation. Admittedly, the assessee has furnished the purchase invoices and RC book which are placed on pages 145

THE DCIT, (OSD), CIRCLE-8,, AHMEDABAD vs. M/S. V. F. ARVIND BRANDS PRIVATE LIMITED, AHMEDABAD

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.1904/Ahd/2013 & Cross Objection No. 204/Ahd/2013 (In Ita No.1904/Ahd/2013) िनधा"रण वष"/Assessment Year : 2008-09 D.C.I.T.(Osd), M/S. V. F. Arvind Brands Pvt. Circle-8, Vs. Ltd. Ahmedabad. Arvind Mills Premises, Naroda Road, Ahmedabad-380025. Pan: Aaccv 2727 L (Applicant) (Responent) / Cross Objector

145,037,091 2. Divinitee Genesis Apparel Pvt. Ltd. 3% 7,067,728 3. Trinity Apparels 3% 5,550,448 4. S R Fashion 2% 4,534,597 5. Devki Designs 2% 4,060,842 6. Silk Fashion Export 2% 3,996,205 7. Sree Shilpa Apparels 2% 3,619,944 8. Shoha Designs Pvt. Ltd. 2% 3

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE ACIT(OSD), CIRCLE-8, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 145 of the Act and adopting GP @40% of the turnover in place of 37% as worked out by the appellant. Ld. CIT(A) failed to appreciate detailed submissions, evidences and supporting place on record to substantiate fall in GP by the appellant. Ld. ought to have accepted correction of the books and deleted addition made

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE DY.CIT(OSD)CIRCLE-8,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 145 of the Act and adopting GP @40% of the turnover in place of 37% as worked out by the appellant. Ld. CIT(A) failed to appreciate detailed submissions, evidences and supporting place on record to substantiate fall in GP by the appellant. Ld. ought to have accepted correction of the books and deleted addition made

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-8(4),, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 145 of the Act and adopting GP @40% of the turnover in place of 37% as worked out by the appellant. Ld. CIT(A) failed to appreciate detailed submissions, evidences and supporting place on record to substantiate fall in GP by the appellant. Ld. ought to have accepted correction of the books and deleted addition made

THE ACIT,(OSD) CIRCLE-8,, AHMEDABAD vs. M/S. SHREE RAMA MULTI-TECH LTD.,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 145 of the Act and adopting GP @40% of the turnover in place of 37% as worked out by the appellant. Ld. CIT(A) failed to appreciate detailed submissions, evidences and supporting place on record to substantiate fall in GP by the appellant. Ld. ought to have accepted correction of the books and deleted addition made

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASIAN GRANITO INDIA LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

145(3) and to make the assessment in the manner contemplated in these provisions.” 18.12 We also note that the books of accounts cannot be rejected if the assessee does not maintain the stock registers until and unless it is coupled with other defects such as sales/ purchase outside the books of accounts. But Page 31 of 36 ITA nos.1517

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASIAN GRANITO INDIA LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

145(3) and to make the assessment in the manner contemplated in these provisions.” 18.12 We also note that the books of accounts cannot be rejected if the assessee does not maintain the stock registers until and unless it is coupled with other defects such as sales/ purchase outside the books of accounts. But Page 31 of 36 ITA nos.1517

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE DY.CIT.,CRCLE-8,, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

145(91) of the IT Act, the assessee is not entitled for deduction. The AO is directed to allow this claim of the appellant after verifying the facts as to whether this customs duty was actually paid by the appellant during the previous year.” 21. This order of the Ld. CIT-A was not challenged before the ITAT, meaning thereby

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE ACIT(OSD) CIRCLE-8, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

145(91) of the IT Act, the assessee is not entitled for deduction. The AO is directed to allow this claim of the appellant after verifying the facts as to whether this customs duty was actually paid by the appellant during the previous year.” 21. This order of the Ld. CIT-A was not challenged before the ITAT, meaning thereby

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)

depreciation amounting to Rs.5,06,392/-.” 8. The assessee has raised the following Additional Grounds of Appeal: “5.0 The impugned assessment order passed u/s 153A r.w.s. 143(3) r.w.s. 145(3) of the Income Tax Act, 1961 dated 27.09.2013 is void-ab-initio and should be quashed since the statutory and mandatory approval was granted u/s 153D

DCIT, CIR.1(1)(1),, AHMEDABAD vs. AWN AGRO PVT. LTD., 2014-15

In the result, the appeal of the revenue and the cross objection of the assessee both are dismissed

depreciation and allowances are dealt with in section 32. Therefore, the Parliament has used the expression 'any expenditure' in section 37 to cover both. Therefore, the expression 'expenditure' as used in section 37 may, in the circumstances of a particular case, cover an amount which is really a 'loss', even though said amount has not gone out from the pocket

SHRI ALTAFHUSEN MAHEMUDUL HASAN SIDDIKI,AHMEDABAD vs. THE DY.CIT.,RANGE-9,, AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

depreciation on such vehicle. ITA Nos.577/Ahd/2012 & ITANo.969/Ahd/2015 Altafhusen M. Siddiki For AY 2008-09 & 2010-11 4 5. That the CIT(A) erred in law and on the facts of the case in sustaining the addition of Rs.19,515/- being 10% of telephone expenses as personal use. 6. That the CIT(A) erred in law and on the facts

SHRI ALTAFHUSEN M. SIDDIKI,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-9(4), AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

depreciation on such vehicle. ITA Nos.577/Ahd/2012 & ITANo.969/Ahd/2015 Altafhusen M. Siddiki For AY 2008-09 & 2010-11 4 5. That the CIT(A) erred in law and on the facts of the case in sustaining the addition of Rs.19,515/- being 10% of telephone expenses as personal use. 6. That the CIT(A) erred in law and on the facts

BAKERI PROJECTS PRIVATE LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeals of the assessee on this ground are allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleassessment Year 2016-17

section 32(1)(ii) of the Income-tax Act, 1961 ("the Act") during the year under consideration on the goodwill of Rs. 96,12,19,145 recognized during the course of amalgamation. The AO has disallowed the said depreciation on goodwill at Rs. 24,03,04,786/-. 4. Being aggrieved by the assessment order, the assessee filed appeal before

AXIS BANK LIMITED,AHMEDABAD vs. THE DY.CIT, CIRCLE-1 NOW CIRCLE-1(1)(1), AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedsl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 311/Ahd/2016 2010-11 Axis Bank Limited, D.C.I.T., “Trishul”, 3Rd Floor, Circle-1(1)(1) Opp. Samtheshwar Ahmedabad. Mahadev Near Law Garden, Ellisbridge, Ahmedabad-380006. Pan: Aaacu2414K 2. 2176/Ahd/2016 2011-12 Axis Bank Limited, D.C.I.T., “Trishul”, 3Rd Floor, Circle-1(1)(1) Opp. Samtheshwar Ahmedabad. Mahadev Near Law Garden, Ellisbridge, Ahmedabad-380006. Pan: Aaacu2414K 3. 2173/Ahd/2016 2011-12 D.C.I.T., Axis Bank Limited, Circle-1(1)(1) Ahmedabad. Ahmedabad. Pan: Aaacu2414K 4. 165/Ahd/2017 2012-13 Axis Bank Limited, D.C.I.T., Ahmedabad. Circle-1(1)(1) Ahmedabad. Pan: Aaacu2414K 5. 287/Ahd/2017 2012-13 D.C.I.T., Axis Bank Limited, Circle-1(1)(1) Ahmedabad. Ahmedabad. Pan: Aaacu2414K 6-7 520 & 2013-14 Axis Bank Limited, D.C.I.T., 521/Ahd/2018 & Ahmedabad. Circle-1(1)(1) 2014-15 Ahmedabad. Pan: Aaacu2414K 8-9 604 & 605/ 2013-14 D.C.I.T., Axis Bank Limited, Ahd/2018 & Circle-1(1)(1) Ahmedabad. 2014-15 Ahmedabad. Pan: Aaacu2414K

145(3). 4.4 Section 143(2) for the purpose of section 30 defines (lease rent in this case) "paid" to mean actually paid or incurred according to the method of accounting followed. 4.5 It is, therefore, submitted that accounting estimate adopted by the Bank is commended by the highest accounting body in India, it reflects the best practices adopted