M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation to the assessee on closing WDV as decided in A.Y. 2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.” 9.1 Respectfully following the above-referred decision of the Tribunal, rendered in the assessee’s own case and consistently applied in subsequent years, and in the absence of any material change in facts or legal position

NIRMA LIMITED,,AHMEDABAD vs. DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation to the assessee on closing WDV as decided in A.Y. 2003-04. Hence, the ground of appeal of the Revenue is hereby dismissed.” 9.1 Respectfully following the above-referred decision of the Tribunal, rendered in the assessee’s own case and consistently applied in subsequent years, and in the absence of any material change in facts or legal position

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

depreciation is concerned. In view of the above and after considering the facts in totality, the ground of appeal of the assessee is partly allowed for the statistical purposes in the manner as indicated above. 21. The next issue raised by the assessee is that the learned CIT-A erred in confirming the order of the AO by sustaining

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

depreciation is concerned. In view of the above and after considering the facts in totality, the ground of appeal of the assessee is partly allowed for the statistical purposes in the manner as indicated above. 21. The next issue raised by the assessee is that the learned CIT-A erred in confirming the order of the AO by sustaining

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

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

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

depreciation is concerned. In view of the above and after considering the facts in totality, the ground of appeal of the assessee is partly allowed for the statistical purposes in the manner as indicated above. 21. The next issue raised by the assessee is that the learned CIT-A erred in confirming the order of the AO by sustaining

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

depreciation is concerned. In view of the above and after considering the facts in totality, the ground of appeal of the assessee is partly allowed for the statistical purposes in the manner as indicated above. 21. The next issue raised by the assessee is that the learned CIT-A erred in confirming the order of the AO by sustaining

GUJARAT ALKALIES AND CHEMICALS LTD.,,BARODA vs. THE DY.CIT, CIRCLE-1(1),, BARODA

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.688/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2011-2012 Gujarat Alkalies & Chemicals Ltd., D.C.I.T., Near Ipcl Complex, Circle-1(1), Vs. Baroda-390007. P.O Petrochemicals, At Ranoli, Dist. Baroda-391346. Pan: Aaacg8896M आयकर अपील सं./Ita No.937/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2011-2012 D.C.I.T, Gujarat Alkalies & Chemicals Ltd., Circle-1(1), Near Ipcl Complex, Vs. Baroda-390007. P.O Petrochemicals, At Ranoli, Dist. Baroda-391346. Pan: Aaacg8896M

section 32(2)(iia) of the Act on the amount disallowed by treating the same as of capital nature. In this regard it is mentioned that since the entire expenditure of Rs. 9,57,77,910/- has been allowed as revenue expenditure ITA nos.688 & 937/AHD/2015 Asstt. Year 2011-12 24 and therefore the above further ground of appeal

CADILA PHARMACEUTICALS LTD. ,AHMEDABAD vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

In the result, Revenue’s appeal is allowed in part

Bench: Shri TR Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92B of the Act wherein the transaction of guarantee is inserted vide Explanation to provisions u/s 92B of the Act by the Finance Act, 2012 w.e.f. 01.04.2002 thereby covering such transaction under the ambit of International Transaction as defined u/s 92B of the Act for the said Assessment Year, (5) The CIT(A) has erred in facts

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CADILA PHARMACEUTICALS LTD. , AHMEDABAD

In the result, Revenue’s appeal is allowed in part

Bench: Shri TR Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 92B of the Act wherein the transaction of guarantee is inserted vide Explanation to provisions u/s 92B of the Act by the Finance Act, 2012 w.e.f. 01.04.2002 thereby covering such transaction under the ambit of International Transaction as defined u/s 92B of the Act for the said Assessment Year, (5) The CIT(A) has erred in facts

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

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

208 (Mumbai - Trib.), the Mumbai Tribunal held that the act of deposit of money in scheduled banks complying with specific provisions I.T.A No. 943/Ahd/2019 A.Y. 2010-11 Page No. 9 Sports Authority of Gujarat vs. DCIT (Exemption)(HQ) of section 11(5) and receipt of interest thereon is not an activity in nature of trade, commerce or business. The Mumbai

NATIONAL DAIRY DEVELOPMENT BOARD,,ANAND vs. THE ASSTT. COMMISSIONER OF INCOME TAX, ANAND CIRCLE,, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

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

THE DY.COMMISSIONER OF INCOME TAX.,ANAND CIRCLE,, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

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 ACIT.,ANAND CIRCLE,, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

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

THE ACIT,ANAND CIRCLE,, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, Ground No. 7 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

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

ASIAN OILFIELD SERVICES LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

In the result, appeal of the assessee for the A

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble&

section 32(1) of the Act, r/w item III(3)(ix)(b) of the Schedule of rates of depreciation in Appendix I to the Income-tax Rules, 1962. 49. Having decided the issue in the aforesaid terms, we may take liberty to look into this issue from a different point of view. Depreciation allowance is a kind of tax benefit

ASIAN OILFIELD SERVICE LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

In the result, appeal of the assessee for the A

Bench: Shri C.N. Prasad, Hon'Ble & Shri N.K. Pradhan, Hon'Ble&

section 32(1) of the Act, r/w item III(3)(ix)(b) of the Schedule of rates of depreciation in Appendix I to the Income-tax Rules, 1962. 49. Having decided the issue in the aforesaid terms, we may take liberty to look into this issue from a different point of view. Depreciation allowance is a kind of tax benefit

TORRENT POWER LTD.,,AHMEDABAD vs. THE ACIT.,RANGE-8,, AHMEDABAD

In the result cross objection filed by the assessee is partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 80-IA of the Act. 69. The learned CIT (A) disregarded the contention of the assessee by observing that the impugned income does not have nexus with the distribution of power activity of the assessee. Thus the learned CIT (A) upheld the finding of the AO. 70. Being aggrieved by the order of the learned CIT (A), the assessee

DCIT, CENTRAL CIRCLE-(1)(2), AHMEDABAD vs. SHREYASI DHARMEN SUTARIA, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 797/Ahd/2019 With C.O.No.173/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., Shreyasi Dharmen Sutaria, Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. 2Nd Address: 8, Amrashagun Bunglows, Nr. Hathisingh Park, Satellite, Ahmedabad-380015. Pan: Awops1881R

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : 7.2 From the above, it is transpired that it is necessary for the AO before initiating the proceedings under section 147 of the Act to form reasons