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

section 2(24)(x) r.w.s.36(l)(va) of the I.T. Act. Nirma Limited Vs. DCIT (Five Appeals) 3 3) In law and in facts and circumstances of the Appellant's case, the learned CIT(A) has grossly erred in confirming disallowance of depreciation on goodwill for Rs.17,27,50,337/- 4) In law and in facts and circumstances

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

section 2(24)(x) r.w.s.36(l)(va) of the I.T. Act. Nirma Limited Vs. DCIT (Five Appeals) 3 3) In law and in facts and circumstances of the Appellant's case, the learned CIT(A) has grossly erred in confirming disallowance of depreciation on goodwill for Rs.17,27,50,337/- 4) In law and in facts and circumstances

SUN PHARMACEUTICAL INDUSTRIES,MUMBAI vs. JCIT 20(3), MUMBAI

In the result appeal of the Revenue is hereby dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

depreciation of plant and machinery used by Sun Pharma Industries & M/s. Sun Pharma Sikkim. III(a) On the facts and circumstances of the case and in law, the Ld. C.I.T.(A) erred in deleting, the disallowance of deduction u/s 80IE(6) r.w.s. 80IA(10) on apportionment of selling and distribution expenses of Rs.182,57,00,000/- incurred by the working

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-\n13 & 2013-14 filed by the assessee are partly allowed, while the appeal of the assessee\nfor AY 2014-15 is allowed

3)/144 of the Income-tax Act, 1961.\n2.\nBoth the assessee and the Revenue, being dissatisfied with the decision of the\nlearned CIT(A) to the extent it was adverse to them, preferred cross-appeals before us\nraising following grounds:\n3.\nGrounds raised in Assessee's for Asst. Year 2012-13, 2013-14 and 2014-15 are\nas follows

DAKSHIN GUJARAT VIJ COMPANY LTD.,,SURAT vs. THE PR. CIT-1,, VADODARA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Years : 2015-16 Dakshin Gujarat Vij Co. Ltd., Pri. Commissioner Of Urja Sadan, Nana Varachha Road, Vs Income-Tax-1, Kapodara Char Rasta, Surat, Ahmedabad Guajrat-395006 Pan : Aabcd 8912 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri Vijaykumar Jaiswal, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 16/03/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/03/2022 आदेश / O R D E R

3) of the Act in allowing additional depreciation of Rs.58,57,95,373/- to the assessee; and, setting aside the said order by exercising the powers conferred upon him under Section 263 of the Act, he directed the Assessing Dakshin Gujarat Vij Company Ltd Vs. PCIT AY : 2015-16 5 Officer to frame the assessment afresh. Aggrieved by the order

MADHYA GUJARAT VIJ COMPANY LTD.,,BARODA vs. ACIT, CIRCLE-2(1)(2),, BARODA

In the result, appeal of the assessee is allowed

Bench: S/Shri Waseem Ahmed & T.R. Senthil Kumarassessment Year : 2008-09 Madhya Gujarat Vij Company Ltd. Acit, Cir.2(1)(2) Sardar Patel Vidyut Bhavan Vs Baroda. Race Course Circle, Baroda Pan : Aadcm 7339 H

depreciation on related assets. It therefore, appears that assessment order u/s.147/143(3) is erroneous in so far as I is prejudicial to the interests of the revenue, in terms of section 263. This view is supported by the decisions of he Hon’ble High Court and ITAT in Veekaylal Investment Co P.Ltd., (2001) 249

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

section (5) of Section 80-IA. In this case, the question that arose for consideration ITA.Nos.1285/Ahd/2017 & 7 others A.Y.2009-10 38 before this Court related to computation of the profits for the purpose of deduction under section 80-E, as it then existed, after setting off the loss incurred by the assessee in the manufacture of alloy steels. Section

UTTAR GUJARAT VIJ COMPANY LTD.,,MEHSANA vs. THE ACIT, CIRCLE 4, BARODA

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

UTTAR GUJARAT VIJ COMPANY LTD.,,MEHSANA vs. THE INCOME TAX OFFICER, WARD-2(1)(4),, BARODA

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

THE INCOME TAX OFFICER, WARD-2(1)(1),, BARODA vs. UTTAR GUJARAT VIJ COMPANY LTD.,, MEHSANA

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

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

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. UTTAR GUJARAT VIJ COMPANY LTD.,, MEHSANA

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

UTTAR GUJARAT VIJ COMPANY LTD.,,MEHSANA vs. THE INCOME TAX OFFICER, WARD-2(1)(4),, BARODA

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

3 of assessee’s appeal is dismissed. 47. As regards to Ground Nos. 4 and 5 relating to charging interest under Section 234AB and 234AC of the Income Tax Act, 1961 as well as initiation of penalty proceedings under Section 271(1)(c) of the Act, the same are consequential, hence not adjudicated at this juncture. 48. Therefore

THE DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ARVIND RETAIL LTD. ( SINCE MERGED WITH ARVIND LIFESTYLE BRANDS LTD.,), AHMEDABAD

In the result, the Cross Objection of the assessee is partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

depreciation at the rate of 60% on the items/block of assets classified under the head data processing equipments treating them as computers in the assessment framed under section 143(3) of the Act for the assessment year 2010-11. In view of the above, the ld. CIT-A deleted the disallowance made by the AO. Being aggrieved by the order

DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), AHMEDABAD vs. M/S. CLP INDIA PVT.LTD.,, AHMEDABAD

In the result, the appeal is dismissed

section 143(3) r.w.s. 147 of the Income-tax Act, 1961 for the assessment year 2009-10. 2. Grievance raised by the appellant is as follows:- “The ld. CIT(A) has erred in law and on fact in holding that the depreciation claim of Rs.184,44,02,413/- on opening WDV of assets does not include the depreciation on assets

THE ITO, WARD-3(1)(1),, AHMEDABAD vs. M/S. NASCENT INFO TECHNOLOGIES PVT. LTD.,, AHMEDABAD

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & M/S. Madhumita Royआयकर अपील सं./I.T.A. No. 2828/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) बनाम/ Ito M/S. Nascent Info Technologies Pvt. Ltd. Ward-3(1)(1), Vs. A-805, Sapath-Iv, Opp. Ahmedabad Karnavati Club, Ahmedabad- 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aac Cn3 670 J (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Santosh Karnani, Sr. Dr ""यथ" क" ओर से / Respondent By: Mehul K. Patel, Ar सुनवाई क" तार"ख / Date Of Hearing 13/02/2019 घोषणा क" तार"ख /Date Of Pronouncement 27/03/2019 आदेश/O R D E R Per Waseem Ahmed - Am:

3) of the Act after making the addition of the above items to the total income of the assessee vide order dated 23-03-2015. Accordingly, the AO initiated the penalty proceedings in respect of the aforesaid addition on account of furnishing inaccurate particular of income under section 271(1)(c) of the Act. 4. The AO subsequently issued

SHRI ATUL BABUBHAI SHAH,AHMEDABAD vs. THE JT.CIT.,RANGE-10,, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed, Accountantmember & Ms. Madhumita Roy

depreciation as well as deduction under Section 24 of the Act. The Tribunal rightly held that there was no concealment of income nor was there any filing of inaccurate particulars of income. Thus, on finding the conduct of the assessee bona fide and this being a matter of bona-fide difference of opinion between the assessee and the department regarding