THE ACIT CIRCLE-3(3), AHMEDABAD vs. SHRI CHANDRAKANT G PATEL, AHMEDABAD

Appeal of the Revenue is dismissed

section 271(1)(c) of the Income-tax Act, 1961, was not proper. In the opinion of the Tribunal and in our opinion rightly, it was a case of a bona fide mistake rather than a deliberate mistake on the part of the assessee while calculating depreciation

SCHAEFFLER INDIA LTD. (FORMERLY KNOWN AS INA BEARING INDIA PVT. LTD.),VADODARA vs. THE ACIT, CICLE-1(1)(2) NOW DCIT, CIRCLE-1(1)(1), VADODARA

In the result, appeal of the assessee is allowed

depreciation on second-hand machinery valued at Rs.\n64,75,146/-. As a result, penalty proceedings under section 271(1)(c) were

AKAR LAMINATORS LIMITED,AHMEDABAD vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), AHMEDABAD, AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: This Tribunal & The Case Was Set-Aside Vide Order Dated 01.08.2014 In Ita No. 858 & 927/Ahd/2005 & Accordingly Assessment Was Finalized U/S. 143(3) R.W.S. 254 Of The Act & The Total Loss Was Determined At (-) Rs.22,47,26,293/- After Making Following Additions/Disallowances:

depreciation for plant and machinery under section 32(1)(iia) on strength of Tax Audit Report - Assessing Officer disallowed claim on ground that production had been started in current year by assessee and, therefore, it could not be said to have been already engaged in business of manufacturing He also levied penalty under section 271

INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), 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 Section 35(2AB) 6 Capitalization of Interest to Capital Work-in- 11,29,21,996 Progress

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 Section 35(2AB) 6 Capitalization of Interest to Capital Work-in- 11,29,21,996 Progress

WORLD TRADE IMPEX LTD.,,BARODA vs. THE ACIT.,CIRCLE-4,, BARODA

In the result, the appeal of the assessee is hereby allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmed

section 271(1)(c) was also initiated and such addition are detailed as under: 1. Cessation of liability Rs. 70,50,096/- 2. Inflated purchase Rs. 55,43,026/- 3. Excess depreciation

M/S. WORLD TRADE IMPEX LTD.,,BARODA vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, CIRCLE-5,, BARODA

In the result, the appeal of the assessee is hereby allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmed

section 271(1)(c) was also initiated and such addition are detailed as under: 1. Cessation of liability Rs. 70,50,096/- 2. Inflated purchase Rs. 55,43,026/- 3. Excess depreciation

THE DCIT, CIRCLE-1(1), NOW CIRCLE-1(1)(1),, BARODA vs. GUJARAT STATE ELECTRICITY CORPORATION LTD.,, BARODA

In the result, the appeal filed by the Assessee in ITA No

Bench: DR. BRR Kumar (Vice President), Shri T.R. Senthil Kumar (Judicial Member)

271(1)(c) of the IT Act. 7.0. The learned Commissioner of Income Tax (Appeals) erred in law and on facts in confirming the charging of interest under section 234B and 234C of the Income Tax Act, 1961. 8.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before

GUJARAT STATE ELECTRICITY CORPORATION LTD.,BARODA vs. THE DY.CIT, CIRCLE-1(1),, BARODA

In the result, the appeal filed by the Assessee in ITA No

Bench: DR. BRR Kumar (Vice President), Shri T.R. Senthil Kumar (Judicial Member)

271(1)(c) of the IT Act. 7.0. The learned Commissioner of Income Tax (Appeals) erred in law and on facts in confirming the charging of interest under section 234B and 234C of the Income Tax Act, 1961. 8.0 The appellant craves leave to add to, alter, delete or modify any of the grounds of appeal either before

GUJARAT POWER CORPORATION LIMITED-GPCL,,AHMEDABAD vs. THE ACIT, GANDHINAGAR CIRCLE, GANDHINAGAR

In the result, appeals filed by the Assessee are hereby allowed

depreciation on the leased machineries. The sale and leased back transaction entered into by the assessee with GEB which is nothing but an extension of financial assistance to GEB between two Public Sector Undertakings. 8. In order to invoke the penalty proceedings under section 271

GUJARAT POWER CORPORATION LIMITED-GPCL,,AHMEDABAD vs. THE ACIT, GANDHINAGAR CIRCLE, GANDHINAGAR

In the result, appeals filed by the Assessee are hereby allowed

depreciation on the leased machineries. The sale and leased back transaction entered into by the assessee with GEB which is nothing but an extension of financial assistance to GEB between two Public Sector Undertakings. 8. In order to invoke the penalty proceedings under section 271

GUJARAT POWER CORPORATION LIMITED-GPCL,,AHMEDABAD vs. THE ACIT, GANDHINAGAR CIRCLE, GANDHINAGAR

In the result, appeals filed by the Assessee are hereby allowed

depreciation on the leased machineries. The sale and leased back transaction entered into by the assessee with GEB which is nothing but an extension of financial assistance to GEB between two Public Sector Undertakings. 8. In order to invoke the penalty proceedings under section 271

GUJARAT POWER CORPORATION LIMITED-GPCL,,AHMEDABAD vs. THE ACIT, GANDHINAGAR CIRCLE, GANDHINAGAR

In the result, appeals filed by the Assessee are hereby allowed

depreciation on the leased machineries. The sale and leased back transaction entered into by the assessee with GEB which is nothing but an extension of financial assistance to GEB between two Public Sector Undertakings. 8. In order to invoke the penalty proceedings under section 271

MOBILE TELECOMMUNICATIONS LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, BARODA

In the result, the appeal of the assessee is Dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 641/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-2010 & आयकर अपील सं./Ita No. 1311/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2010-2011 Mobile Telecommunications Pvt. Ltd., D.C.I.T., C/O. Ambalal M. Shah & Co., Vs. Circle-2(1)(2), Chartered Accountants, Baroda. 108, Bell-E-Vista Complex, Race Course Chakli Circle, Vadodara-390007. Pan: Aaccm2659J

depreciation of Rs. 2,16,027.00 only. The AO in the assessment initiated the penalty proceedings by issuing notice under section 274 read with section 271

MOBILE TELECOMMUNICATIONS PVE. LTD.,,VADODARA vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4,, BARODA

In the result, the appeal of the assessee is Dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 641/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-2010 & आयकर अपील सं./Ita No. 1311/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2010-2011 Mobile Telecommunications Pvt. Ltd., D.C.I.T., C/O. Ambalal M. Shah & Co., Vs. Circle-2(1)(2), Chartered Accountants, Baroda. 108, Bell-E-Vista Complex, Race Course Chakli Circle, Vadodara-390007. Pan: Aaccm2659J

depreciation of Rs. 2,16,027.00 only. The AO in the assessment initiated the penalty proceedings by issuing notice under section 274 read with section 271

SWAMINARAYAN CO.OP.BANK LTD.,,BARODA vs. THE ACIT, CIRCLE-3(1),, BARODA

In the result, the appeal of the Assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1411/Ahd/2019 "नधा"रण वष" /Assessment Year : 2010-11 Swaminarayan Co-Op. Bank Ltd. The Acit बना 1, Ashok Chambers Circle-3(1) Opp. Pathak Gate Police Station Ahmedabad म/ Madanzampa Road V/S. Vadodara 390 001 (Gujarat) "थायी लेखा सं./Pan: Aaaas 1932 N अपीलाथ"/ (Appellant) …… "" यथ"/ (Respondent) Assessee By : Shri Ashish Kanabar, Ar Revenue By : Shri Ashok Natha Bhalekar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 07/08/2024 घोषणा क" तार"ख /Date Of Pronouncement: 9/08/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 08/07/2019 Passed By The Commissioner Of Income-Tax (Appeals)-3, Vadodara [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Penalty Order Dated 27/02/2019 Passed By The Assessing Officer (Ao) Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2010-11. Swaminarayan Co-Op. Bank Ltd. Vs. Acit Asst. Year : 2010-11

depreciation only and therefore the same cannot be treated as concealment for the present proceeding initiated by you w/s 271(1)(c). Under the circumstances requested to the drop the penal proceeding us 271(1)(c) and do not create unnecessary demand particularly when the bank is under liquidation and the principle outstanding tax is also not recoverable

M/S. NEOTECH EDUCATION FOUNDATION,VADODARA vs. THE JT.CIT, CENTRAL RANGE, VADODARA

In the result, both the appeals filed by the Revenue are dismissed and both the appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2014-15

depreciation TOTAL 4,06,21,446 6. The Ld. AR submitted that the Tribunal vide order dated 13.01.2022 granted relief of Rs.3,96,31,306/- and sustained the addition of Rs.9,90,140/-. The Ld. AR further submitted that the assessee has not made any concealment of income or furnished any inaccurate particulars of income as envisaged under Section 271

THE DCIT, CENTRAL CIRCLE-2, VADODARA vs. M/S. NEOTECH EDUCATION FOUNDATION, VADODARA

In the result, both the appeals filed by the Revenue are dismissed and both the appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2014-15

depreciation TOTAL 4,06,21,446 6. The Ld. AR submitted that the Tribunal vide order dated 13.01.2022 granted relief of Rs.3,96,31,306/- and sustained the addition of Rs.9,90,140/-. The Ld. AR further submitted that the assessee has not made any concealment of income or furnished any inaccurate particulars of income as envisaged under Section 271

THE DCIT, CENTRAL CIRCLE-2, VADODARA vs. M/S. NEOTECH EDUCATION FOUNDATION, VADODARA

In the result, both the appeals filed by the Revenue are dismissed and both the appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2014-15

depreciation TOTAL 4,06,21,446 6. The Ld. AR submitted that the Tribunal vide order dated 13.01.2022 granted relief of Rs.3,96,31,306/- and sustained the addition of Rs.9,90,140/-. The Ld. AR further submitted that the assessee has not made any concealment of income or furnished any inaccurate particulars of income as envisaged under Section 271