SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

section 115JB(2) of the Act, the disallowance u/s. 14A r.w.r 8D is also made to the book profit u/s. 115JB of the Act and made addition Rs.35,11,35,800/- and demanded tax thereon. 4. Next issue is claim of "depreciation

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

section 115JB(2) of the Act, the disallowance u/s. 14A r.w.r 8D is also made to the book profit u/s. 115JB of the Act and made addition Rs.35,11,35,800/- and demanded tax thereon. 4. Next issue is claim of "depreciation

THE ACIT,(OSD)CIRCLE-8,, AHMEDABAD vs. TORRENT POWER LTD.,, AHMEDABAD

In the result, the appeal of the Revenue and the Cross-objection of the assessee, both are dismissed

Bench: Shri Sandeep Gosain & Shri Amarjit Singh

depreciation, whichever is less as per books of account. It is submitted that as per explanation 1 (f) referred to above, only those expenditure which are specifically relatable to .income to which section 10(other than clause 38 of that section ITA No.1668/Ahd/2012(By Revenue) & CO No.178/Ahd/2012 (By Assessee) ACIT (OSD) vs. M/s.Torrent Power Ltd. Asst.Year

KALPATARU POWER TRANSMISSION LTD.,,GANDHINAGAR vs. THE DY. CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal of the assessee is dismissed

section 32(1) it is compulsory for the AO to allow depreciation whether claimed or not in I.T.A No. 2471 & 2853/Ahd/2017 & Ors. A.Y. 2012-13 & 2013-14 Page No 40 Kalpataru Power Transmission Ltd. . vs. DCIT the computation of total income. In view of the statutory provisions the AO was not correct in not allowing the additional depreciation claim made

KALPATARU POWER TRANSMISSION LTD.,,GANDHINAGAR vs. THE DY. CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal of the assessee is dismissed

section 32(1) it is compulsory for the AO to allow depreciation whether claimed or not in I.T.A No. 2471 & 2853/Ahd/2017 & Ors. A.Y. 2012-13 & 2013-14 Page No 40 Kalpataru Power Transmission Ltd. . vs. DCIT the computation of total income. In view of the statutory provisions the AO was not correct in not allowing the additional depreciation claim made

THE DY. CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR vs. M/S. KALPARATRU POWER TRANSMISSION LIMITED,, GANDHINAGAR

Appeal of the assessee is dismissed

section 32(1) it is compulsory for the AO to allow depreciation whether claimed or not in I.T.A No. 2471 & 2853/Ahd/2017 & Ors. A.Y. 2012-13 & 2013-14 Page No 40 Kalpataru Power Transmission Ltd. . vs. DCIT the computation of total income. In view of the statutory provisions the AO was not correct in not allowing the additional depreciation claim made

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LIMITED, AHMEDABAD

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LTD.,, AHMEDABAD

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

depreciation of Rs. 2,66,83,892/-. 13.1. Ground of appeal no. 2 is dismissed. 14. Ground no. 3 of the assessee reads as under: 3. Ld. CIT(A) has erred in law and on facts in confirming disallowance of Rs. 14,00,410/- computed by A.O. as per Rule 8D r.w.s. 14A(2) of the Act. Both the lower

URMIN PRODUCTS PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(3), AHMEDABAD

In the result, the appeal filed by the assessee bearing ITA

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

depreciation or credit for tax under section 115JAA or section 115JD (5) The assessee shall after making the payment of the tax determined under sub-rule (4), furnish the details of payment of tax in Form No 70 to the Assessing Officer within thirty days from date of making the payment.” 21. The above provision of Section and Rule makes

URMIN PRODUCTS PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(3), AHMEDABAD

In the result, the appeal filed by the assessee bearing ITA

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

depreciation or credit for tax under section 115JAA or section 115JD (5) The assessee shall after making the payment of the tax determined under sub-rule (4), furnish the details of payment of tax in Form No 70 to the Assessing Officer within thirty days from date of making the payment.” 21. The above provision of Section and Rule makes

GUJARAT FLUROCHEMICALS LIMITED.,,VADODARA vs. THE ACIT, CIRCLE-1(1)(1),, VADODARA

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

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

14A of the Act. We allow this ground of appeal in both the years and delete the additions. 25. Ground No.3 in the assessment years 2012-13 and 2013-14 is as under: Assessment Year 2012-13 ITA No.805 and 2744/Ahd/2017 Ground no.3: The ld.DRP has erred in making addition of Rs.2,58,962 to the total income, comprising

GUJARAT FLUOROCHEMICALS LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

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

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

14A of the Act. We allow this ground of appeal in both the years and delete the additions. 25. Ground No.3 in the assessment years 2012-13 and 2013-14 is as under: Assessment Year 2012-13 ITA No.805 and 2744/Ahd/2017 Ground no.3: The ld.DRP has erred in making addition of Rs.2,58,962 to the total income, comprising

DCIT, CIRCLE-1(1)(1), AHMEDABAD vs. ADANI PETRONET (DAHEJ) PORT PVT. LTD, AHMEDABAD

In the result, the appeal of the Revenue for AY 2014-15 and CO of the assessee for AY 2013-14 are treated as partly allowed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2012-13 Adani Petronet (Dahej) Port The Dy. Commissioner Of Pvt. Ltd., Vs Income-Tax, 9Th Floor, Shikhar Building, Circle 1(1)(1), Nr. Mithakali Circle, Ahmedabad Navrangpura, Ahmedabad-380009 Pan: Aaeca 5046 R Assessment Year : 2012-13 The Dy. Commissioner Of Adani Petronet (Dahej) Port Income-Tax, Vs Pvt. Ltd., Circle 1(1)(1), Ahmedabad-380009 Ahmedabad Pan: Aaeca 5046 R

14A while computing the book profit of the assessee- company under Section 115JB of the Act, the learned Counsel for the assessee has pointed out that the book profit under Section 115JB of the Act as computed by the Assessing Officer being negative, the MAT provision was held to be not applicable in the case of the assessee

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), AHMEDABAD vs. ADANI PETRONET( DAHEJ) PORT PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue for AY 2014-15 and CO of the assessee for AY 2013-14 are treated as partly allowed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2012-13 Adani Petronet (Dahej) Port The Dy. Commissioner Of Pvt. Ltd., Vs Income-Tax, 9Th Floor, Shikhar Building, Circle 1(1)(1), Nr. Mithakali Circle, Ahmedabad Navrangpura, Ahmedabad-380009 Pan: Aaeca 5046 R Assessment Year : 2012-13 The Dy. Commissioner Of Adani Petronet (Dahej) Port Income-Tax, Vs Pvt. Ltd., Circle 1(1)(1), Ahmedabad-380009 Ahmedabad Pan: Aaeca 5046 R

14A while computing the book profit of the assessee- company under Section 115JB of the Act, the learned Counsel for the assessee has pointed out that the book profit under Section 115JB of the Act as computed by the Assessing Officer being negative, the MAT provision was held to be not applicable in the case of the assessee

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), AHMEDABAD vs. ADANI PETRONET( DAHEJ) PORT PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue for AY 2014-15 and CO of the assessee for AY 2013-14 are treated as partly allowed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2012-13 Adani Petronet (Dahej) Port The Dy. Commissioner Of Pvt. Ltd., Vs Income-Tax, 9Th Floor, Shikhar Building, Circle 1(1)(1), Nr. Mithakali Circle, Ahmedabad Navrangpura, Ahmedabad-380009 Pan: Aaeca 5046 R Assessment Year : 2012-13 The Dy. Commissioner Of Adani Petronet (Dahej) Port Income-Tax, Vs Pvt. Ltd., Circle 1(1)(1), Ahmedabad-380009 Ahmedabad Pan: Aaeca 5046 R

14A while computing the book profit of the assessee- company under Section 115JB of the Act, the learned Counsel for the assessee has pointed out that the book profit under Section 115JB of the Act as computed by the Assessing Officer being negative, the MAT provision was held to be not applicable in the case of the assessee

ADANI PETRONET( DAHEJ) PORT PVT. LTD.,,AHMEDABAD vs. THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal of the Revenue for AY 2014-15 and CO of the assessee for AY 2013-14 are treated as partly allowed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2012-13 Adani Petronet (Dahej) Port The Dy. Commissioner Of Pvt. Ltd., Vs Income-Tax, 9Th Floor, Shikhar Building, Circle 1(1)(1), Nr. Mithakali Circle, Ahmedabad Navrangpura, Ahmedabad-380009 Pan: Aaeca 5046 R Assessment Year : 2012-13 The Dy. Commissioner Of Adani Petronet (Dahej) Port Income-Tax, Vs Pvt. Ltd., Circle 1(1)(1), Ahmedabad-380009 Ahmedabad Pan: Aaeca 5046 R

14A while computing the book profit of the assessee- company under Section 115JB of the Act, the learned Counsel for the assessee has pointed out that the book profit under Section 115JB of the Act as computed by the Assessing Officer being negative, the MAT provision was held to be not applicable in the case of the assessee

M/S. GUJARAT INDUSTRIAL INVESTMENT CORPORATION LTD.,GANDHINAGAR vs. THE ADDL.CIT.,GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Section 43B of the Act on the basis of payments made Disallowance u/s 43B In earlier years now written Back 1,103,934,501 Depreciation as per Income Tax Act 3,483,803 VRS Expenditure (1/5th) 6,912,699 Premium on pre-payment Excess provision written back Preliminary Expenditure u/s. 35D [1 /10th] 797,000 63.1 Thus there