THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

15,18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill 2,27,92,50,000 3 Disallowance due to Allocation of Common 10,19,24,003 Expenses (Inter-unit allocation) 4 Disallowance under Section

ACIT, CIRCLE-1(1)(1), AHMEDABAD, VEJALPUR, AHMEDABAD vs. AIA ENGINEERING LIMITED, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 397/Ahd/2024 िनधा"रण वष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Dcit Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J आयकर अपील सं / Ita No. 532/Ahd/2024 िनधा"रणवष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Acit, Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" िनधा"रती की ओर से / Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar ""थ" की ओर से / Revenue By : Shri Pratik Sharma, Sr Dr & Shri Sudhendu Das, Cit-Dr तारीख/Date Of Hearing : 09.10.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 21.10.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश

2)(a)(ii) and (v) Section 49(1)(iii)(e), as noted above, the assessee was not entitled to any depreciation on the same. AIA Engineering Ltd - Cross Appeals AY : 2016-17 The contention of the ld. Counsel for the assessee is that goodwill was not acquired on transfer of the same from the amalgamating company to the amalgamated company

SPORTS AUTHORITY OF GUJARAT,GANDHINAGAR vs. THE DCIT (EXEMPRTION) (HQ), AHMEDABAD

In the result, Ground Number 3 of the assessee’s appeal is dismissed

2) of the Act was issued on 20-11-2017 initiating assessment proceedings. During the course of assessment, the ld. Assessing Officer noticed that the assessee had earned interest income of Rs. 1,15,71,995/- from investment made by it. The assessee also claimed depreciation of Rs. 1,15,65,042/- against interest income. Therefore, income

THE ACIT (EXEMPTIONS), CIRCLE-1,, AHMEDABAD vs. ELECTRONICS & QUALITY DEVELOPMENT CENTRE,, GANDHINAGAR

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No.1757/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2015-2016 A.C.I.T.(Exemptions), Electronics & Quality Development Circle-1, Vs. Centre, Ahmedabad. B-177/178, Gidc, Electronic Centre Sector-25, Gandhinagar-382024. Pan: Aaate0718R

2(15) of the Act, the AO did not treat the capital expenditure as application of income. Thus the AO disallowed the same and added to the total income of assessee 13. The aggrieved assessee preferred an appeal before the Ld. CIT(A), who confirmed the order of the AO. 14. Being aggrieved by the order

HAGGLUNDS DRIVES (INDIA) PVT. LTD. ( NOW MERGED IN BOSCH REXROTH (INDIA) LTD.),,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1)(2),, AHMEDABAD

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

depreciation office equipment to ten percent. The Appellant prays that the aforesaid addition be deleted. 2. On the facts and in the circumstances of the case and in law the Ld. AO erred in disallowing expenses amounting to Rs. 15,21,424 under section

BOSCH REXROTH (INDIA) PVT. LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(3), AHMEDABAD

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

depreciation office equipment to ten percent. The Appellant prays that the aforesaid addition be deleted. 2. On the facts and in the circumstances of the case and in law the Ld. AO erred in disallowing expenses amounting to Rs. 15,21,424 under section

GIVE FOUNDATION,BANGALORE vs. THE DY.CIT, CIRCLE-1(EXEMPTION), AHMEDABAD

In the result, the primary matter involved in all the Assessment

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 2(15) of the Act. Accordingly, looking into the totality of facts of the assessee's case, the Assessing Officer may also analyse whether the aforesaid decisions have a bearing on the assessee's set of facts. In the result, the primary matter involved in all the Assessment Years under consideration before us is restored to the file

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

2(1B), section 32(1) and Explanation 3 thereto, as well as the judgment of the Hon’ble Supreme Court in Smifs Securities Ltd., categorically held that goodwill so arising in the scheme of amalgamation is an “acquired” intangible asset and that the assessee is eligible for depreciation on such goodwill. 5.1. It is evident that the goodwill in respect

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD, AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

2(1B), section 32(1) and Explanation 3 thereto, as well as the judgment of the Hon’ble Supreme Court in Smifs Securities Ltd., categorically held that goodwill so arising in the scheme of amalgamation is an “acquired” intangible asset and that the assessee is eligible for depreciation on such goodwill. 5.1. It is evident that the goodwill in respect

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING PRIVATE LIMITED, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

2(1B), section 32(1) and Explanation 3 thereto, as well as the judgment of the Hon’ble Supreme Court in Smifs Securities Ltd., categorically held that goodwill so arising in the scheme of amalgamation is an “acquired” intangible asset and that the assessee is eligible for depreciation on such goodwill. 5.1. It is evident that the goodwill in respect

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

2(1B), section 32(1) and Explanation 3 thereto, as well as the judgment of the Hon’ble Supreme Court in Smifs Securities Ltd., categorically held that goodwill so arising in the scheme of amalgamation is an “acquired” intangible asset and that the assessee is eligible for depreciation on such goodwill. 5.1. It is evident that the goodwill in respect

ACIT CC-1(3), AHMEDABAD, AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

2(1B), section 32(1) and Explanation 3 thereto, as well as the judgment of the Hon’ble Supreme Court in Smifs Securities Ltd., categorically held that goodwill so arising in the scheme of amalgamation is an “acquired” intangible asset and that the assessee is eligible for depreciation on such goodwill. 5.1. It is evident that the goodwill in respect

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING LLP, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

2(1B), section 32(1) and Explanation 3 thereto, as well as the judgment of the Hon’ble Supreme Court in Smifs Securities Ltd., categorically held that goodwill so arising in the scheme of amalgamation is an “acquired” intangible asset and that the assessee is eligible for depreciation on such goodwill. 5.1. It is evident that the goodwill in respect

BHANDARI CHARITABLE TRUST,,AHMEDABAD vs. THE ITO (EXEMPTIONS), WARD-1,, AHMEDABAD

In the result, the appeal preferred by the assessee is allowed for statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

2(15) of the Act. Therefore, the assessee is entitled for the registration under section 12AA of the Act. Accordingly, we reverse order of the ld.DIT(Exemption) and allow the application of the assessee for grant of registration under section 12AA of the Act. The ld.DIT is directed to issue registration certificate in favour of the assessee

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. 4.7) 3. Trade Mark Registration fee & Rs. 14,14,36,698 Patent Fee (as per Para No. 5.6) 4. Research & Development Rs. 109,74,61,000 (as per Para No. 6.7) 5. Disallowance u/s. 14A Rs. 8,05,91,640 Rs. 2,41,23,63,830/- of the Act (as per Para

ARUN GOPILAL SAMNANI,AHMEDABAD vs. THE ITO, WARD-5(3)(1), AHMEDABAD

In the result, the appeals of the assessees are allowed as indicated above

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaassessment Year : 2023-24 Arun Gopilal Samnani The I.T.O., Ward-5(3)(1) 7, Bank Of Baroda Society Vs Ahmedabad. Nr. P.T. College Paldi, Ahmedabad. Pan : Aywps 2887 D Assessment Year :2023-24 Bhargavkumarparsottambh The I.T.O., Ward-1(2)(1) Ai Patel-Huf Vs Ahmedabad. B/301, 3Rd Floor Shree Saran-2 Opp: Anand Niketan School Thaltej, Ahmedabad 380089. Pan : Aalhb 2685 R

15,00,000 30 per cent ITA No.2082 and 2083/Ahd/2024 7 Provided that where the person fails to satisfy the conditions contained in sub- section (2) in any previous year, the option shall become invalid in respect of the assessment year relevant to that previous year and other provisions of this Act shall apply, as if the option

BHARGAVKUMAR PARSOTTAMBHAI PATEL HUF,AHMEDABAD vs. THE ITO, WARD-1(2)(1), AHMEDABAD

In the result, the appeals of the assessees are allowed as indicated above

Bench: Shri Sanjay Garg & Smt.Annapurna Guptaassessment Year : 2023-24 Arun Gopilal Samnani The I.T.O., Ward-5(3)(1) 7, Bank Of Baroda Society Vs Ahmedabad. Nr. P.T. College Paldi, Ahmedabad. Pan : Aywps 2887 D Assessment Year :2023-24 Bhargavkumarparsottambh The I.T.O., Ward-1(2)(1) Ai Patel-Huf Vs Ahmedabad. B/301, 3Rd Floor Shree Saran-2 Opp: Anand Niketan School Thaltej, Ahmedabad 380089. Pan : Aalhb 2685 R

15,00,000 30 per cent ITA No.2082 and 2083/Ahd/2024 7 Provided that where the person fails to satisfy the conditions contained in sub- section (2) in any previous year, the option shall become invalid in respect of the assessment year relevant to that previous year and other provisions of this Act shall apply, as if the option

DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. ADANI ENTERPRISES LTD., AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

2,31,68,000/- + Rs. 1,16,00,000/-) as cost towards building and claimed depreciation on the same for the entire year. The AO disallowed the claim of the depreciation in earlier years by holding that having right to use property by virtue of acquiring share does not mean assessee becomes the owner of the building. Thus

DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. ADANI ENTERPRISES LTD., AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

2,31,68,000/- + Rs. 1,16,00,000/-) as cost towards building and claimed depreciation on the same for the entire year. The AO disallowed the claim of the depreciation in earlier years by holding that having right to use property by virtue of acquiring share does not mean assessee becomes the owner of the building. Thus