SHRI GIRISHBHAI M.PATEL,,AHMEDABAD vs. THE ACIT.,MEHSANA CIRCLE,, MEHSANA

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 337/Ahd/2014 िनधा"रण वष"/Asstt. Year: 2005-2006 Girishbhai M. Patel, A.C.I.T., 4, Regent Park, Vs. Mehsana Circle, Vanza Co-Operative Society, Mehsana. Part-Ii, Near Judges Bungalow, Bodakdev, Ahmedabad-380015. Pan: Abypp8093M

depreciation of cars Rs.1,02,991/- (4) Disallowance of insurance amount claimed Rs.40,184/- Rs.24,27,511/- Total Income Rs.32,47,959/- i.e Rs.32,47,960/- 4.1 The AO in the assessment order has recorded to have issued penalty notice under section 274 read with section 271(1)(c

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. APPLITECH SOLUTIONS LTD.,, AHMEDABAD

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

section 271(1)(c) of the Act. 2. The facts of the case are that In the case, return of income was filed on 01/11/2004 declaring total loss at Rs.20,55,32,687/-. The assessment u/s. 143 (3) of the IT. Act was completed on 26/12/2006 determining total loss at Rs. 15,13,78,404/- after making the following additions/disallowances

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(1)(c

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(1)(c

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(1)(c

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(1)(c

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:

section 271(1)(c) of the Act. 2. Briefly stated facts are that the assessee in the present case is a private Ltd company and engaged in the business of software development agency. The AO during the assessment proceedings made the disallowance of the following items: i. Depreciation

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

section 271(1)(c) of the Act. Having considered the record, we find that both the assessment order and the appellate order are reasoned and speak to the issues raised by the assessee. No specific instance has been pointed out to demonstrate any material submission having been overlooked. As regards Ground No. 4, it is well settled that initiation

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

section 271(1)(c) of the Act. Having considered the record, we find that both the assessment order and the appellate order are reasoned and speak to the issues raised by the assessee. No specific instance has been pointed out to demonstrate any material submission having been overlooked. As regards Ground No. 4, it is well settled that initiation

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

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

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

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

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

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

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

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

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

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

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

section (1) to S.271D and 27 IE of the Act which, categorically provides that the penalty under these provisions can be imposed by the Joint Commissioner. 8. The ld. IT(A) accordingly has erroneously assumed jurisdiction to record satisfaction to levy penalty u/s 27ID and 27IE of the Act, which is beyond his power and accordingly bad and illegal

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

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

ACIT, CIRCLE-1(1)(1), AHMEDABAD, VEJALPUR, AHMEDABAD vs. AIA ENGINEERING LIMITED, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 397/Ahd/2024 िनधा"रण वष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Dcit Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J आयकर अपील सं / Ita No. 532/Ahd/2024 िनधा"रणवष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Acit, Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" िनधा"रती की ओर से / Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar ""थ" की ओर से / Revenue By : Shri Pratik Sharma, Sr Dr & Shri Sudhendu Das, Cit-Dr तारीख/Date Of Hearing : 09.10.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 21.10.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश

271(1)(c) of the Act.” 10. The solitary issue in the present appeal relates to the disallowance of depreciation claimed by the assessee on goodwill. The contention of the ld. Counsel for the assessee before us was that:- (i) The intangible asset of good-will had accrued to the assessee on account of amalgamation of its wholly owned subsidiary