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

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

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

JT.CIT.(OSD),CIRCLE-1(1)(1),, AHMEDABAD vs. AXIS BANK LIMITED,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 852/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2015-2016 Axis Bank Limited, J.C.I.T., “Trishul”, 3Rd Floor, Vs. Circle-1(1)(1), Opp. Samtheshwar Mahadev, Ahmedabad. Near Law Garden, Ellisbridge, Ahmedabad-380006. Pan: Aaacu2414K

section 145 and the assesses can adopt either cash or mercantile method. Once the mercantile method is adopted for several years on the correct basis under which the commission income on normal type of financial guarantees is accounted for and taxed upfront, there is no justification to change the same in the year under consideration as that would disturb

AXIS BANK LIMITED,,AHMEDABAD vs. JT.CIT.,CIRCLE-1(1)(1),, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 852/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2015-2016 Axis Bank Limited, J.C.I.T., “Trishul”, 3Rd Floor, Vs. Circle-1(1)(1), Opp. Samtheshwar Mahadev, Ahmedabad. Near Law Garden, Ellisbridge, Ahmedabad-380006. Pan: Aaacu2414K

section 145 and the assesses can adopt either cash or mercantile method. Once the mercantile method is adopted for several years on the correct basis under which the commission income on normal type of financial guarantees is accounted for and taxed upfront, there is no justification to change the same in the year under consideration as that would disturb

THE DCIT(OSD) RANGE-1,, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

THE DCIT(OSD) RANGE-1,, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

CORRTECH INTERNATIONAL PVT. LTD.,AHMEDABAD vs. THE ADDL. CIT, TDS RANGE,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

CORRTECH INTERNATIONAL PVT. LTD.,AHMEDABAD vs. THE ADDL. CIT, TDS RANGE,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,(OSD),, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

CORRTECH INTERNATIONAL PVT.LTD.,,AHMEDABAD vs. THE ACIT.,(OSD) RANGE-1,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CORRTECH INTERNATIONAL PVT. LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

depreciation even if it is not claimed by the assessee if assets are owned ITA No. 1785/Ahd/2012 & 08 others Corrtech International Pvt. Ltd. vs. ACIT(OSD) Asst.Years–2009-10, 2010-11, 2008-09, 2014-15 & 2015-16 and put to use by the assessee. Thus, Ground No. 6 of Revenue’s appeal is dismissed. 29. Thus, ITA No. 1871/Ahd/2012 filed