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

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 14A r.w.s. Rule 8D 8,70,747 5 Disallowance of Weighted Deduction under 65,09,81,251

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

depreciation allowance' in section 147 after the conditions for reassessment are satisfied, is only relatable to the preceding expression in clauses (a) and (b) viz., 'escaped assessment'. The term 'escaped assessment' includes both 'non- assessment' as well as 'under assessment'. Income is said to have 'escaped assessment' within the meaning of this section when it has not been charged

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

depreciation allowance' in section 147 after the conditions for reassessment are satisfied, is only relatable to the preceding expression in clauses (a) and (b) viz., 'escaped assessment'. The term 'escaped assessment' includes both 'non- assessment' as well as 'under assessment'. Income is said to have 'escaped assessment' within the meaning of this section when it has not been charged

KANSARA POPATLAL TRIBHUVAN METAL PVT. LTD.,,AHMEDABAD vs. THE PR. CIT-2,, AHMEDABAD

In the result, ground number 9 of the assessee’s appeal is allowed

section 115JB of the Act. Accordingly, the assessee has been allowed excess depreciation of Rs. 2,75,00,917/- on the windmill, while computing the book profits for the relevant period. In the 263 proceedings, the assessee submitted that on the very said issue, the AO had raised query by letter dated 19-02-2012 at serial number

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

depreciation, donation, insurance expenses and loan interest amounting to Rs. 5,82,162/-. The ld. Assessing Officer held that in absence of any explanation, the assessee did not conduct any business and the assessee has earned only ‘interest income’ which is considered as ‘income from other sources’. Since the expenses claimed are not allowable against any income other than ‘income

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE ADIT(EXEMPTION),, AHMEDABAD

In the result, the appeal of the assessee is allowed

depreciation, donation, insurance expenses and loan interest amounting to Rs. 5,82,162/-. The ld. Assessing Officer held that in absence of any explanation, the assessee did not conduct any business and the assessee has earned only ‘interest income’ which is considered as ‘income from other sources’. Since the expenses claimed are not allowable against any income other than ‘income

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE ADIT(EXEMPTION),, AHMEDABAD

In the result, the appeal of the assessee is allowed

depreciation, donation, insurance expenses and loan interest amounting to Rs. 5,82,162/-. The ld. Assessing Officer held that in absence of any explanation, the assessee did not conduct any business and the assessee has earned only ‘interest income’ which is considered as ‘income from other sources’. Since the expenses claimed are not allowable against any income other than ‘income

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

depreciation, donation, insurance expenses and loan interest amounting to Rs. 5,82,162/-. The ld. Assessing Officer held that in absence of any explanation, the assessee did not conduct any business and the assessee has earned only ‘interest income’ which is considered as ‘income from other sources’. Since the expenses claimed are not allowable against any income other than ‘income

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

depreciation, donation, insurance expenses and loan interest amounting to Rs. 5,82,162/-. The ld. Assessing Officer held that in absence of any explanation, the assessee did not conduct any business and the assessee has earned only ‘interest income’ which is considered as ‘income from other sources’. Since the expenses claimed are not allowable against any income other than ‘income

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

depreciation, donation, insurance expenses and loan interest amounting to Rs. 5,82,162/-. The ld. Assessing Officer held that in absence of any explanation, the assessee did not conduct any business and the assessee has earned only ‘interest income’ which is considered as ‘income from other sources’. Since the expenses claimed are not allowable against any income other than ‘income

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. KANSARA POPATLAL TRIBHOVANDAS METAL PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed while the Cross

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyal

Section 115JB of the Act by way of following grounds:- “1. The C.I.T. (Appeals) erred in law and on facts in confirming the enhancement of book profit by the amount of Rs.1,82,82,237/- being the alleged excessive claim of depreciation without appreciating the facts of the case properly. 2. The C.I.T. (Appeals) erred in law in placing reliance

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

251(2) of the Act. Tax Effect: NIL, being technical ground. 9. Initiation of penalty u/s 270A is not justified, 10. Charging of Interest u/s 234B, 234C, 234D are” 3. Before us, the counsel for the assessee submitted that the issue is directly covered by the order of ITAT Ahmedabad in assessee’s own cases for previous assessment years

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

depreciation for Rs. 8,82,682/- only. 20. The aggrieved assessee carried the matter before learned CIT (A) and reiterated its contention as made during assessment proceeding. 21. However, the learned CIT(A) confirmed the disallowances of repair and maintenance expenses to the extent of Rs. 35,13,250/- in part by observing as under: “18.2. I have carefully considered

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

depreciation for Rs. 8,82,682/- only. 20. The aggrieved assessee carried the matter before learned CIT (A) and reiterated its contention as made during assessment proceeding. 21. However, the learned CIT(A) confirmed the disallowances of repair and maintenance expenses to the extent of Rs. 35,13,250/- in part by observing as under: “18.2. I have carefully considered

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

depreciation for Rs. 8,82,682/- only. 20. The aggrieved assessee carried the matter before learned CIT (A) and reiterated its contention as made during assessment proceeding. 21. However, the learned CIT(A) confirmed the disallowances of repair and maintenance expenses to the extent of Rs. 35,13,250/- in part by observing as under: “18.2. I have carefully considered

DCIT, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LTD. , BARODA

In the result, the appeal of the Revenue is partly allowed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

depreciation for Rs. 8,82,682/- only. 20. The aggrieved assessee carried the matter before learned CIT (A) and reiterated its contention as made during assessment proceeding. 21. However, the learned CIT(A) confirmed the disallowances of repair and maintenance expenses to the extent of Rs. 35,13,250/- in part by observing as under: “18.2. I have carefully considered

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

Appeal is dismissed

2) of the Act on 28-04-2005.During the course of assessment proceedings, the Assessing Officer (AO in short) noticed that though the assessee did not claim any depreciation in the AY 2001-02, the AO allowed the depreciation to the assessee in that year. Since the assessee had claimed depreciation of Rs.37,08,10,879/- in the year under consideration

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

2 per cent. We observe that in the instant facts, the assessee has computed the ALP at LIBOR plus 2.5%. The Ld. CIT(Appeals) has upheld the order of the Ld. Assessing Officer on the Ground that the assessee has not given the comparable basis for arriving at the aforesaid rate. However, in our view, the Ld. CIT(Appeals

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. CORRTECH INTERNATIONAL PVT.LTD.,, AHMEDABAD

Bench: Ms. Suchitra Kamble& Shri Waseem Ahmed

2 of Revenue’s appeal is allowed. 20. As regards Ground No. 3 relating to allowing standard deduction under Section 24(1), the Ld. D.R. submitted that treating the rent income as house property income when the assessee has claimed expenses relevant to leased house property as business expenditure amounts to double deduction and therefore, the Assessing Officer has rightly