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 would only result in corresponding enhancement of eligible profit and hence would be revenue-neutral. The AO has not disturbed the computation of deduction under section 80-IE. The goodwill recorded in the books has not been shown to be revaluation of existing tangible assets, and therefore, the ground is without merit. ITA No.281 and 222/Ahd/2021 38

ACIT ANAND CIRCLE, ANAND, ANAND vs. ELECON ENGINEERING COMPANY LTD, VALLABH VIDYANAGAR

In the result, appeal filed by the Revenue is dismissed

Bench: Us.

38,86,742/-. 5. The Ld. CIT(A), however appreciated the contention made by the assessee before him that the loss for the impugned year was depreciation loss and not business loss and noting the provisions of Section

SHRENO LIMITED,BARODA vs. THE ACIT, CIRCLE-4, NOW CIRCLE-2(1)(1), BARODA

In the result, appeal of the assessee is allowed

Bench: Tribunal Against The Order Of Learned Cit(A)-2, Vadodara, Dated 19.11.2015 Passed For A.Y. 2011-12. 2. The Grounds Of Appeal Taken By The Assessee Are Not In Consonance With Rule 8 Of Itat Rules, They Are Descriptive & Argumentative In Nature. In Brief, In The First Fold Of Grievance, Assessee Pleaded That The Learned Cit(A) Has Erred In Confirming The Disallowance Required To Be Made U/S. 14A Of The Income Tax Act, 1962 Read With Rule 8D Of The Income Tax Rules. Learned Counsel For The

38) thereof) or section 11 or section 12 apply; or (g) the amount of depreciation, (h) the amount of deferred

MAXXIS RUBBER INDIA PVT. LTD.,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar

Depreciation disallowed under - - section 38(2) of the I.T. Act (out of column 15) 17 Net aggregate depreciation (15- 5,29,41,01,183 - 11,07,99,883 16) 18 Proportionate

THE DY. CIT, B.K. CIRCLE,, PALANPUR vs. BANASKANTHA DISTRICT OIL SEEDS GROWERS UNION LTD.,, PALANPUR

In the result, both the appeals of the revenue are dismissed

Bench: Shri Waseem Ahmed&Smt. Madhumita Royआयकरअपीलसं.Ita No. 2121/Ahd/2017 "नधा"रणवष"/Asstt. Year: 2014-15 Dcit Vs. Banaskantha District Oil Bk Circle, Seeds Growers Co- Palanpur Operative Union Ltd. Palanpur Deesa Highway, At & Post:- Badarpura Taluka, Planpur Road, Palanpur- 385001 Pan:Aaa As1 902 L

Section 32(2) and judgment quoted above, cannot be carried forward beyond eight years, the depreciation loss of Rs.38,01,74,402/-of A.Y. 2001-02 was irregular. In view of the above discussion, carry forward of unabsorbed depreciation of A.Y. 2001-02 Rs. 38

ACIT CENTRAL CIRCLE 2(3), AHMEDABAD vs. INTAS PHARMACEUTICALS LIMITED, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Suchitra R. Kamble & Shri Narendra Prasad Sinhaasst. Commissioner Of M/S. Intas Pharmaceuticals Ltd., Vs. Income-Tax, Corporate House, S.G. Highway, Central Circle 2(3), Nr. Sola Bridge, Thaltej, Ahmedabad Ahmedabad-380 054 [Pan : Aaaci 5120 L] (Appellant) .. (Respondent) Appellant Represented By : Shri Sher Singh, Cit (Dr) Respondent Represented By: Shri S. N. Soparkar, Sr. Advocate & Ms. Urvashi Sodhan, Ar Date Of Hearing 07.01.2026 Date Of Pronouncement 24.02.2026 O R D E R Per Ms. Suchitra R. Kamble:-

Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for Assessment Year (AY) 2016-17. 2. The Revenue has raised the following grounds:- “1) Whether on the facts and the circumstances of the case and in law, the Id. CIT(A) has erred in deleting the upward adjustment

THE ACIT,(OSD)CIRCLE-8,, AHMEDABAD vs. TORRENT POWER LTD.,, AHMEDABAD

In the result, the appeal of the Revenue and the Cross-objection of the assessee, both are dismissed

Bench: Shri Sandeep Gosain & Shri Amarjit Singh

38) thereof) or section 11 or section 12 apply; or] (g) the amount of depreciation,] (h) the amount of deferred

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 2(1)(1), VADODARA, VADODARA vs. GUJARAT INSECTICIDES LIMITED, ANKLESHWAR

Appeal is dismissed

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2015-16 The Asstt.Commissioner Of Gujarat Insecticides Limited Income Tax Vs Plot No.805/806, Gidc Estate Circle-2(1)(1) Ankleshwar Vadodara Bharuch – 393 002 Pan: Aaacg 8436 D अपीलाथ"/ (Appellant) … "" यथ"/ (Respondent) Assessee By : Ms. Arti Shah, Ar Revenue By : Shri Atul Pandey, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25/06/2024 घोषणा क" तार"ख /Date Of Pronouncement: 04/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Filed By The Revenue Is Against The Order Of The Ld.Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “The Ld.Cit(A)”) Dated 19/10/2023, Arising Out Of An Appeal Filed By Assessee Against The Order Of Assessing Officer (Hereinafter Referred To As “Ao”) Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year (Ay) 2015-16. Facts Of The Case: The Acit Vs. Gujarat Insecticides Ltd. Asst. Year : 2015-16

38,754/- being assessee's claim of balance depreciation by way of additional depreciation in respect of machinery acquired and installed in the last year without appreciating the fact that relevant proviso to section

SUZUKI MOTOR GUJARAT PVT LTD,AHMEDABAD, GUJARAT vs. PRINCIPLE COMMISSONER OF INCOME TAX, AHMEDANAD-3, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

38(2) of the I.T. Act (out of - - - column 15) - 17 5,29,41,01,183 11,07,99,883 Net aggregate depreciation (15- 16) Proportionate aggregate depreciation allowable in the event - 18 of succession, - - amalgamation, demerger etc. (out of column 17) Expenditure incurred in - 19 connection with transfer of asset/ - - assets Capital gains/ loss under section

BAKERI PROJECTS PRIVATE LIMITED,AHMEDABAD vs. DCIT CIRCLE 1(1)(1), AHMEDABAD, AHMEDABAD

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

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2020-21 Bakeri Projects Pvt. Lt. The Dcit, Cir.(1)(1) 1St Floor, Sanskrut Vs. Ahmedabad. Old High Court Road Off: Ashram Road Ahmedabad. Pan : Aagcb 1864 L (Applicant) (Responent)

38,50,595/- was allowed as set-off of unabsorbed depreciation loss from A.Y. 2018–19. Thus, the assessment order, on the face of it, does not support the foundational assumption made by the PCIT that the AO allowed depreciation loss of Rs.48,03,58,938/- as claimed in the ITR. The basis for the PCIT's invocation of section

GUJARAT STATE ELECTRICITY CORPN. LTD.,VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for statistical purposes, while the appeal of the Revenue is dismissed

Bench: Dr Brr Kumarshri Siddhartha Nautiyalआयकर अपील सं /Ita No. 1596/Ahd/2024 िनधा"रण वष" /Assessment Year : 2006-07

38 ) thereof) or [ section 10A or section 10B or] section 11 or section 12 apply; or] [ (g) the amount of depreciation

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1)(1), VADODARA, VADODARA vs. GUJARAT STATE ELECTRICITY CORPORATION LIMITED, VADODARA

In the result, the appeal of the assessee is partly allowed for statistical purposes, while the appeal of the Revenue is dismissed

Bench: Dr Brr Kumarshri Siddhartha Nautiyalआयकर अपील सं /Ita No. 1596/Ahd/2024 िनधा"रण वष" /Assessment Year : 2006-07

38 ) thereof) or [ section 10A or section 10B or] section 11 or section 12 apply; or] [ (g) the amount of depreciation

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

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

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

Section 2(17) of the Income-tax Act, 1961. Once it is accepted, the addition made by the AO by holding that Vega UAE is a sole proprietorship concern of the assesse company is not sustainable and hence, the addition made by the AO is to be deleted.” Therefore, respectfully following the ratio of the Hon’ble ITAT’s order

M/S. KOSA CONSTRUCTION,,AHMEDABAD vs. INCOME TAX OFFICER, WARD-1(2)(3),, VADODARA

In the result, all the grounds appeal of the assessee are allowed

section 143(3) r.w.s. 147of the Income Tax Act, 1961; in short “the Act” 2. As the facts and issues involved in three appeals are similar, so, we take ITA No. 919/Ahd/2016 for assessment year 2007-08 as the lead case and its findings will be applicable to the other two appeal i.e. ITA Nos. 920 I.T.A

ATUL LIMITED,,AHMEDABAD vs. THE DY.CIT (OSD), RANGE-1,, AHMEDABAD

The appeal are dismissed

Bench: Us, Ld. Counsel For The Assessee Took Us Through The Chronology Of Events Leading To The Rectification Order Passed U/S. 154 Of The Act ,Which Was Carried In Appeal Before The Ld. Cit(A) Who Dismissed The Same & Against Which The Assessee Has Come Up In Appeal Before Us. Ld. Counsel For The

38,337613/- less: unabsorbed depreciation Rs. 26139016/- Assessed income Rs. 12198597 As discussed above, after adjusting the unabsorbed depreciation, the resultant income shall comprise Of Capita! Gain, income from House property and income from other sources which are not "Profit derived from the business of power" and hence not to be considered for deduction Under Section

MAKSON PHARMACEUTICALS(INDIA) PRIVATE LIMITED,SURENDRANAGAR vs. PR. CIT, AHMEDABAD-3, AHMEDABAD, AHMEDABAD

In the result, appeal filed by the assessee is allowed

Section 32 of the Income-tax Act, 1961 - Depreciation - Additional depreciation (Illustration) - Assessment years 2012- 13 and 2013-14-Assessee company was engaged in business of providing referral laboratory services and diagnostic services etc. Assessee had set up various collection centers at multiple locations - Assessee claimed additional depreciation on its assets used in such collection centres-Revenue was of view