BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

72 results for “depreciation”+ Section 255clear

Sorted by relevance

Delhi380Mumbai370Bangalore136Chennai124Ahmedabad72Kolkata71Chandigarh61Pune44Jaipur44Hyderabad30Cochin22Amritsar13Surat11Cuttack11Raipur10Karnataka9Guwahati8Lucknow8Rajkot8Visakhapatnam6SC6Jodhpur5Dehradun4Indore4Nagpur3Panaji3Telangana3Jabalpur2Gauhati1Agra1Calcutta1Punjab & Haryana1Patna1

Key Topics

Section 14A70Section 143(3)56Addition to Income43Section 115J41Disallowance38Depreciation27Deduction24Section 8020Penalty15Section 143(2)

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

ITA 1057/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad22 Jul 2022AY 2010-11
For Appellant: Shri Manish J. Shah, A.R. &For Respondent: Shri Purshottam Kumar, Sr. D.R
Section 143(3)Section 263Section 40A(2)(b)

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

THE DCIT, CIRCLE-4(1),, VADODARA vs. MUNJAL AUTO INDUSTRIES LTD.,, VADODARA

Showing 1–20 of 72 · Page 1 of 4

14
Section 26313
Section 27I12
ITA 2007/AHD/2007[2004-05]Status: Disposed
ITAT Ahmedabad
25 Mar 2025
AY 2004-05

Bench: SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER &\nSHRI MAKARAND V. MAHADEOKAR (Accountant Member)

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 43(1)

Section 115JB, the CIT(A) held that the AO could not arbitrarily add\nback the subsidy amount, as book profit is to be computed as per net profit\ndisclosed in the Profit & Loss Account. However, since the subsidy affects\ndepreciation, which in turn affects the net profit, the AO was directed to\nrecompute depreciation and then revise the book profit

M/S. MUNJAL AUTO INDUSTRIES LTD.,,BARODA vs. THE INCOME TAX OFFICER,WARD-4(1),, BARODA

Appeal is dismissed

ITA 784/AHD/2013[2003-04]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2003-04

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 115JSection 43(1)

Section 115JB, the CIT(A) held that the AO could not arbitrarily add back the subsidy amount, as book profit is to be computed as per net profit disclosed in the Profit & Loss Account. However, since the subsidy affects depreciation, which in turn affects the net profit, the AO was directed to recompute depreciation and then revise the book profit

THE DCIT, CIRCLE-4,, VADODARA vs. MUNJAL AUTO INDUSTRIES LTD.,, VADODARA

Appeal is dismissed

ITA 1619/AHD/2008[2005-06]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2005-06

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 115JSection 43(1)

Section 115JB, the CIT(A) held that the AO could not arbitrarily add back the subsidy amount, as book profit is to be computed as per net profit disclosed in the Profit & Loss Account. However, since the subsidy affects depreciation, which in turn affects the net profit, the AO was directed to recompute depreciation and then revise the book profit

THE DCIT, CIRCLE-4,, VADODARA vs. M/S. MUNJAL AUTO INDUSTRIES LTD.,, VADODARA

Appeal is dismissed

ITA 1383/AHD/2009[2006-07]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2006-07

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 115JSection 43(1)

Section 115JB, the CIT(A) held that the AO could not arbitrarily add back the subsidy amount, as book profit is to be computed as per net profit disclosed in the Profit & Loss Account. However, since the subsidy affects depreciation, which in turn affects the net profit, the AO was directed to recompute depreciation and then revise the book profit

THE DCIT, CIRCLE-4,, VADODARA vs. M/S. MUNJAL AUTO INDUSTRIES LTD.,, VADODARA

Appeal is dismissed

ITA 1382/AHD/2009[2003-04]Status: DisposedITAT Ahmedabad25 Mar 2025AY 2003-04

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Shri Waghe Prasadrao, Sr.DR
Section 115JSection 43(1)

Section 115JB, the CIT(A) held that the AO could not arbitrarily add back the subsidy amount, as book profit is to be computed as per net profit disclosed in the Profit & Loss Account. However, since the subsidy affects depreciation, which in turn affects the net profit, the AO was directed to recompute depreciation and then revise the book profit

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

ITA 198/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2016-17

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 115JSection 143(3)Section 14A

255 ITR 273 (SC) which held that “the Assessing Officer does not have the jurisdiction to go behind the net profit shown in the profit and loss account except to the extent provided in the Explanation to Section 115J.” The Court declines to frame a question on the above issue.” 21. Apart from the above, we have a binding precedent

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

ITA 302/AHD/2023[2016-17]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2016-17

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 115JSection 143(3)Section 14A

255 ITR 273 (SC) which held that “the Assessing Officer does not have the jurisdiction to go behind the net profit shown in the profit and loss account except to the extent provided in the Explanation to Section 115J.” The Court declines to frame a question on the above issue.” 21. Apart from the above, we have a binding precedent

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

ITA 199/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2017-18

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 115JSection 143(3)Section 14A

255 ITR 273 (SC) which held that “the Assessing Officer does not have the jurisdiction to go behind the net profit shown in the profit and loss account except to the extent provided in the Explanation to Section 115J.” The Court declines to frame a question on the above issue.” 21. Apart from the above, we have a binding precedent

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

ITA 303/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad12 Nov 2024AY 2017-18

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

Section 115JSection 143(3)Section 14A

255 ITR 273 (SC) which held that “the Assessing Officer does not have the jurisdiction to go behind the net profit shown in the profit and loss account except to the extent provided in the Explanation to Section 115J.” The Court declines to frame a question on the above issue.” 21. Apart from the above, we have a binding precedent

SUN PHARMA LABORATORIES LTD.,,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the Department’s appeal is partly allowed

ITA 712/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 14ASection 36(1)(va)Section 37(1)Section 80Section 80I

255 ITR 273]. The Hon'ble Supreme Court in Apollo Tyres Ltd (supra) has categorically stated that where the accounts are prepared in accordance with Companies Act and certified by the Auditor, then the assessing officer should not go beyond the net profit, except to the extent specifically provided under section 115JB of the Act observing as follows: “…the assessing

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

ITA 741/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad09 Oct 2024AY 2015-16

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 143(3)Section 14ASection 36(1)(va)Section 37(1)Section 80Section 80I

255 ITR 273]. The Hon'ble Supreme Court in Apollo Tyres Ltd (supra) has categorically stated that where the accounts are prepared in accordance with Companies Act and certified by the Auditor, then the assessing officer should not go beyond the net profit, except to the extent specifically provided under section 115JB of the Act observing as follows: “…the assessing

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

ITA 776/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad08 Dec 2021AY 2008-09

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri S.N. Soparkar, Sr. AdvocateFor Respondent: Shri Vinod Tanwani, CIT.D.R
Section 143(3)Section 254

255, where it was held as under: The provisions of sections 251 and 254(1) as well as the various judicial pronouncements make it clear that the powers of the AAC are wider than those of the Tribunal. The AAC, while hearing an appeal under section 251 can examine all matters covered by the assessment order and correct the assessment

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

In the result, appeal of the assessee for the A

ITA 144/AHD/2013[2009-10]Status: DisposedITAT Ahmedabad17 Feb 2021AY 2009-10

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

For Appellant: Shri Dharmesh ShahFor Respondent: Shri Brajendra Kumar
Section 143(3)

255/- of gain made by the appellant on sale of shares /securities is liable to be taxed as business income and not as short term capital gain." 3. The appeal was heard by the Ahmedabad Bench of the Tribunal on 12.09.2017 and the order was pronounced on 08.12.2017 wherein part of the aforesaid grounds of appeal were decided against

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

In the result, appeal of the assessee for the A

ITA 1266/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad17 Feb 2021AY 2008-09

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

For Appellant: Shri Dharmesh ShahFor Respondent: Shri Brajendra Kumar
Section 143(3)

255/- of gain made by the appellant on sale of shares /securities is liable to be taxed as business income and not as short term capital gain." 3. The appeal was heard by the Ahmedabad Bench of the Tribunal on 12.09.2017 and the order was pronounced on 08.12.2017 wherein part of the aforesaid grounds of appeal were decided against

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

ITA 1463/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad24 Aug 2022AY 2013-14

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

For Appellant: Advocate & Shri Parin Shah
Section 10Section 115JSection 28

255 ITR 273 (2002)]. 3.5 Without Prejudice to the above, the said remuneration of Rs. 67,25,69,731/- from SPS has been duly accounted and considered in determining book profits for AY 2012-13 and has already been subjected to addition in that year and hence, no addition in this regard ought to be made in the current year

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

ITA 1520/AHD/2018[2013-14]Status: DisposedITAT Ahmedabad24 Aug 2022AY 2013-14

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

For Appellant: Advocate & Shri Parin Shah
Section 10Section 115JSection 28

255 ITR 273 (2002)]. 3.5 Without Prejudice to the above, the said remuneration of Rs. 67,25,69,731/- from SPS has been duly accounted and considered in determining book profits for AY 2012-13 and has already been subjected to addition in that year and hence, no addition in this regard ought to be made in the current year

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

ITA 1462/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad24 Aug 2022AY 2011-12

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

For Appellant: Advocate & Shri Parin Shah
Section 10Section 115JSection 28

255 ITR 273 (2002)]. 3.5 Without Prejudice to the above, the said remuneration of Rs. 67,25,69,731/- from SPS has been duly accounted and considered in determining book profits for AY 2012-13 and has already been subjected to addition in that year and hence, no addition in this regard ought to be made in the current year

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

ITA 1519/AHD/2018[2011-12]Status: DisposedITAT Ahmedabad24 Aug 2022AY 2011-12

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

For Appellant: Advocate & Shri Parin Shah
Section 10Section 115JSection 28

255 ITR 273 (2002)]. 3.5 Without Prejudice to the above, the said remuneration of Rs. 67,25,69,731/- from SPS has been duly accounted and considered in determining book profits for AY 2012-13 and has already been subjected to addition in that year and hence, no addition in this regard ought to be made in the current year

M/S. GUJARAT AMBUJA EXPORTS LTD.,,AHMEDABAD vs. THE PR. CIT-1, AHMEDABAD

In the result the order of the Ld

ITA 194/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad26 Sept 2025AY 2017-18

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

For Appellant: Shri Tushar Hemani, Sr. Advocate &For Respondent: Shri Alpesh Parmar, CIT.DR
Section 143(3)Section 144C(3)Section 263Section 32ASection 35ASection 40A(3)

depreciation and those eligible for deduction u/s 32AC of the Act. And the AO having not examined this issue at all, we are in complete agreement with the Ld. PCIT that the assessment order was erroneous and causing prejudice to the interest of the Revenue. 15. The argument of the Ld.Counsel for the assessee therefore that on merits the assessee