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

In the result the Ground Nos

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

depreciation on goodwill arising out of amalgamation of Rs.132,47,53,370/- u/s.32 of the Act. 6. The Ld. CIT(A) has erred in law and facts of the case in confirming the action of AO in holding that the goodwill has to be taken at NIL cost in the hands of the appellant. 7. Both the lower authorities have

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

In the result the Ground Nos

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

depreciation on goodwill arising out of amalgamation of Rs.132,47,53,370/- u/s.32 of the Act. 6. The Ld. CIT(A) has erred in law and facts of the case in confirming the action of AO in holding that the goodwill has to be taken at NIL cost in the hands of the appellant. 7. Both the lower authorities have

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

In the result the Ground Nos

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

depreciation on goodwill arising out of amalgamation of Rs.132,47,53,370/- u/s.32 of the Act. 6. The Ld. CIT(A) has erred in law and facts of the case in confirming the action of AO in holding that the goodwill has to be taken at NIL cost in the hands of the appellant. 7. Both the lower authorities have

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

In the result the Ground Nos

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

depreciation on goodwill arising out of amalgamation of Rs.132,47,53,370/- u/s.32 of the Act. 6. The Ld. CIT(A) has erred in law and facts of the case in confirming the action of AO in holding that the goodwill has to be taken at NIL cost in the hands of the appellant. 7. Both the lower authorities have

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

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

7. We reject the assessee's contention that the mode of receipt determines\nthe applicability of Explanation 10. The statutory liability retained by the\nassessee is equivalent to an inflow of funds, and thus, the benefit derived\nfrom it must be adjusted against the asset cost. Once the asset is merged into\nthe block of assets, its individual character

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

Appeal is dismissed

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

7. The DR argued that the Hon’ble Bombay High Court’s ruling in Welspun Steel Ltd. is ultimately based on the ratio laid down in P.J. Chemicals Ltd. and other pre-1999 cases, without analysing the impact of Explanation 10 to section 43(a) o. The AR further argued that Hon’ble Supreme Court’s ruling in P.J. Chemicals

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

Appeal is dismissed

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

7. The DR argued that the Hon’ble Bombay High Court’s ruling in Welspun Steel Ltd. is ultimately based on the ratio laid down in P.J. Chemicals Ltd. and other pre-1999 cases, without analysing the impact of Explanation 10 to section 43(a) o. The AR further argued that Hon’ble Supreme Court’s ruling in P.J. Chemicals

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

Appeal is dismissed

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

7. The DR argued that the Hon’ble Bombay High Court’s ruling in Welspun Steel Ltd. is ultimately based on the ratio laid down in P.J. Chemicals Ltd. and other pre-1999 cases, without analysing the impact of Explanation 10 to section 43(a) o. The AR further argued that Hon’ble Supreme Court’s ruling in P.J. Chemicals

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

Appeal is dismissed

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

7. The DR argued that the Hon’ble Bombay High Court’s ruling in Welspun Steel Ltd. is ultimately based on the ratio laid down in P.J. Chemicals Ltd. and other pre-1999 cases, without analysing the impact of Explanation 10 to section 43(a) o. The AR further argued that Hon’ble Supreme Court’s ruling in P.J. Chemicals

SAGARLAXMI AGRISEEDS PRIVATE LIMITED,AHMEDABAD vs. THE ACIT, CIRCLE-4(1)(1), AHMEDABAD

In the result, appeal of the assessee stands allowed

Bench: S/Shri Sanjay Garg & Narendra Prasad Sinhaassessment Year : 2017-18 Sagarlaxmi Agriseeds Pvt Ltd Acit, Cir.4(1)(1) 206, Ashwamegh Avenue Vs Ahmedabad. Opp: Mithakhali Garden Navrangpura Ahmedabad. Pan : Aawcs 7561 F (Respondent) (Appellant) Assessee By : Shri Deepak R. Shah, Ar Revenue By : Shri Dharnidas V.S., Sr.Dr सुनवाई की तारीख/Date Of Hearing : 15/05/2025 घोषणा की तारीख /Date Of Pronouncement: 05/08/2025 आदेश/O R D E R

7 to section 43(1) and section 55 of the Act. This is not a case where there was an amalgamation of the companies. This is a case of outright purchase of the business of the proprietorship concern by the assessee company. The Ld. CIT(A), himself, in para 8.3 and 8.4 of the impugned order has observed that that

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

In the result the order of the Ld

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

7 – Rs.144,45,49,407/- on which it had claimed deduction u/s.32AC of the Act @15% amounting to Rs.21,66,82,411/-. The assessee had stated the amount to be duly certified and reported in tax audit report by the statutory Auditor and had furnished the working of the same. It was also pointed out to us that vide letter

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&

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 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&

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

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

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

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

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

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

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 DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

255/- in respect of contract research receipts : At the outset the appellant most respectfully submits that in respect of upward adjustment in with regards to transaction in the nature of contract research receipt from Dishman USA Inc is amounting to Rs.2,96,26,763/- is concerned, the same is not at all tenable as the total contacts research receipt with

THE ACIT,(OSD)RANGE-1,, AHMEDABAD vs. M/S. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

255/- in respect of contract research receipts : At the outset the appellant most respectfully submits that in respect of upward adjustment in with regards to transaction in the nature of contract research receipt from Dishman USA Inc is amounting to Rs.2,96,26,763/- is concerned, the same is not at all tenable as the total contacts research receipt with

DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

255/- in respect of contract research receipts : At the outset the appellant most respectfully submits that in respect of upward adjustment in with regards to transaction in the nature of contract research receipt from Dishman USA Inc is amounting to Rs.2,96,26,763/- is concerned, the same is not at all tenable as the total contacts research receipt with