INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), 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

2 - Disallowance of Weighted Deduction under Section 35(2AB) of the Act amounting to Rs. 11,24,98,182/- 16. The Assessing Officer noted that the assessee had claimed weighted deduction under section 35(2AB) of the Act amounting to Rs.399,01,05,709/-, comprising Rs.6,30,74,642/- towards capital expenditure and Rs.199,50,52,854/- towards revenue expenditure

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) relied upon by the Assessing Officer for disallowing the claim of depreciation related to assets transferred in AIA Engineering Ltd - Cross Appeals AY : 2016-17 the scheme of amalgamation and goodwill being an intangible asset not transferred from the amalgamating company to the amalgamated company but resulting on account

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as “operating lease” and not as “finance lease”, especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

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

31-03-2020 has raised the additional ground of appeal as reproduced hereunder: “1. Ld. CIT(A) erred in law and on facts in confirming disallowance of depreciation of Rs. 2,51,50,281/- out of depreciation disallowed by AO of Rs. 2,74,83,963/-. Appellant craves leave to add, amend, alter, change, delete and edit the above ground

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

31-03-2020 has raised the additional ground of appeal as reproduced hereunder: “1. Ld. CIT(A) erred in law and on facts in confirming disallowance of depreciation of Rs. 2,51,50,281/- out of depreciation disallowed by AO of Rs. 2,74,83,963/-. Appellant craves leave to add, amend, alter, change, delete and edit the above ground

ACIT CENTRAL CIRCLE 2(3), AHMEDABAD vs. INTAS PHARMACEUTICALS LIMITED, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Suchitra R. Kamble & Shri Narendra Prasad Sinhaasst. Commissioner Of M/S. Intas Pharmaceuticals Ltd., Vs. Income-Tax, Corporate House, S.G. Highway, Central Circle 2(3), Nr. Sola Bridge, Thaltej, Ahmedabad Ahmedabad-380 054 [Pan : Aaaci 5120 L] (Appellant) .. (Respondent) Appellant Represented By : Shri Sher Singh, Cit (Dr) Respondent Represented By: Shri S. N. Soparkar, Sr. Advocate & Ms. Urvashi Sodhan, Ar Date Of Hearing 07.01.2026 Date Of Pronouncement 24.02.2026 O R D E R Per Ms. Suchitra R. Kamble:-

depreciation on goodwill and granting consequential relief. Accordingly, Ground Nos. 6 to 12 raised by the Revenue are dismissed. Ground No. 13 – Allocation of Common Expenses while Computing Deduction under Sections 80-IC, 80-IE & 10AA 8. This ground relates to deletion of addition made by the Assessing Officer on account of allocation of common/indirect expenses to the eligible units

ABDULVAHED A. SHEIKH, LEGAL HEIROF LATE SMT. SARIFABEN BIKHUBHAI SHEK,,AHMEDABAD vs. THE ITO, WARD-7(2)(5),, AHMEDABAD

The appeal of the assessee is allowed in above terms

depreciation allowance have been computed. The formation of the required opinion by the ITO is a condition precedent. Without formation of such an opinion he will not have jurisdiction to initiate proceedings under s. 34(1)(a). The fulfilment of this condition is not a mere formality but it is mandatory. The failure to fulfil that condition would vitiate

SABARMATI GAS LIMITED,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal of the Revenue is partly allowed for statistical purposes

2,13,31,9857- towards depreciation claimed on Plant & Machinery. 1.2 The learned CIT(A) has grossly erred in disallowing the claim of depreciation on the ground that appellant has not submitted documentary evidence like details of customers, bills of gas supplied, details of where the gas was supplied from and where it was supplied to, details of independent sections

THE JOINT COMMISSIONER OF INCOME TAX(OSD),, GANDHINAGAR vs. SABARMATI GAS LIMITED,, GANDHINAGAR

Appeal of the Revenue is partly allowed for statistical purposes

2,13,31,9857- towards depreciation claimed on Plant & Machinery. 1.2 The learned CIT(A) has grossly erred in disallowing the claim of depreciation on the ground that appellant has not submitted documentary evidence like details of customers, bills of gas supplied, details of where the gas was supplied from and where it was supplied to, details of independent sections

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\nAnd Shri T. R. Senthil Kumar (Judicial Member)

depreciation in respect of other assets, Ld. CIT(A) has not given a categorical findings as to why the lease of assets qualifies as \"operating lease\" and not as “finance lease\", especially in light of the fact that the Assessing Officer has given a categorical finding that the assets have been given on a long term lease basis, there

UTTAR GUJARAT VIJ COMPANY LTD.,,MEHSANA vs. THE DCIT, CIRCLE-2(1)(1),, BARODA

Bench: Shri P.M. Jagtap & Ms. Suchitra Kambleassessment Year: 2010-11

31. As regards to Ground No. 2 relating to interest on staff loans and advances amounting to Rs. 1,07,35,000/- as well as the interest on other loans and advances amounting to Rs. 1,84,43,000/-, issue relating to interest on staff loans and advances is identical to Ground No. 2 for A.Y. 2010-11 filed