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)(2),, AHMEDABAD vs. KANSARA POPATLAL TRIBHOVANDAS METAL PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed while the Cross

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyal

Section 115JB of the Act and not the depreciation as per the Income-tax Act. He accordingly disallowed the excess depreciation of Rs.14,40

M/S. SABARMATI GAS LTD.,GANDHINAGAR vs. THE PR. CIT-3, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2018-19 Sabarmati Gas Ltd. The Ld.Pr.Cit Plot No.907, Sector 21 Vs Ahmedabad-3. Gandhinagar 382 021 Pan : Aakcs 0110 N

depreciation, being mandatory deduction as per section 32 of the Act. (III) Disallowance u/s 40(a)(ia) of Rs. 58,56,612/- on account

THE DCIT, CIRCLE-4(1)(2), AHMEDABAD vs. TROIKAA PHARMACEUTICALS LTD, AHMEDABAD

In the result, the CO filed by the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos. 939 & 1129/Ahd/2019 With C.O.Nos.169 & 181/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., Troikaa Pharmaceuticals Ltd., Circle-4(1)(2), Vs. Commerce House-I, Ahmedabad. Opp. Rajvansh Apartment, Judges Bunglow Road, Ahmedabad-380054. Pan: Aabct0228K

40. Both the ld. DR and AR before us vehemently supported the order of the authorities below as favourble to them. 41. We have heard the rival contention of both the parties and perused the materials available on record. At the outset we find that the issue of allowances of depreciation on electrical installations came before this tribunal

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD vs. TROIKAA PHARMACEUTICLAS LIMITED,, AHMEDABAD

In the result, the CO filed by the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos. 939 & 1129/Ahd/2019 With C.O.Nos.169 & 181/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., Troikaa Pharmaceuticals Ltd., Circle-4(1)(2), Vs. Commerce House-I, Ahmedabad. Opp. Rajvansh Apartment, Judges Bunglow Road, Ahmedabad-380054. Pan: Aabct0228K

40. Both the ld. DR and AR before us vehemently supported the order of the authorities below as favourble to them. 41. We have heard the rival contention of both the parties and perused the materials available on record. At the outset we find that the issue of allowances of depreciation on electrical installations came before this tribunal

BHAVANI COTTON GINNING & PRESSING FACTORY,,AHMEDABAD vs. ITO, WARD-3(2)(5),, AHMEDABAD

In the result appeal of the assessee is hereby partly allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 1130-1131/Ahd/2018 िनधा"रण वष"/Asstt. Years: (2013-2014 & 2014-15) Bhavani Cotton Ginning & Pressing I.T.O., Factory, Vs. Ward-3(2)(5), Plot No.100/15, Gidc, Ahmedabad. Ranpur Road, Dhandhuka, Ahmedabad.

section 36 of the Act to find out whether the capital was borrowed for the purposes of business or not. Thus, the question of allowability or otherwise of deduction does not arise except for S. 40(b) of the Act. 11.5 The above order of the ITAT reveals that interest on the partners’ capital and remuneration to the partners

BHAVANI COTTON GINNING & PRESSING FACTORY,,AHMEDABAD vs. ITO, WARD-3(2)(5),, AHMEDABAD

In the result appeal of the assessee is hereby partly allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 1130-1131/Ahd/2018 िनधा"रण वष"/Asstt. Years: (2013-2014 & 2014-15) Bhavani Cotton Ginning & Pressing I.T.O., Factory, Vs. Ward-3(2)(5), Plot No.100/15, Gidc, Ahmedabad. Ranpur Road, Dhandhuka, Ahmedabad.

section 36 of the Act to find out whether the capital was borrowed for the purposes of business or not. Thus, the question of allowability or otherwise of deduction does not arise except for S. 40(b) of the Act. 11.5 The above order of the ITAT reveals that interest on the partners’ capital and remuneration to the partners

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE INDIA PRIVATE LIMITED , HARYANA

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokar

40,908/- — 2020–21 Rs.66,26,59,520/- Rs.2,65,61,88,427/- 2022–23 — Rs.1,26,54,00,107/- 5.3 We now take up the Revenue’s ground challenging the deletion of disallowance of depreciation on goodwill. 5.4 During the course of assessment proceedings, the AO noted that the assessee had claimed depreciation of Rs.6

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE INDIA PRIVATE LIMITED , HARYANA

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokar

40,908/- — 2020–21 Rs.66,26,59,520/- Rs.2,65,61,88,427/- 2022–23 — Rs.1,26,54,00,107/- 5.3 We now take up the Revenue’s ground challenging the deletion of disallowance of depreciation on goodwill. 5.4 During the course of assessment proceedings, the AO noted that the assessee had claimed depreciation of Rs.6

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE INDIA PRIVATE LIMITED , HARYANA

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokar

40,908/- — 2020–21 Rs.66,26,59,520/- Rs.2,65,61,88,427/- 2022–23 — Rs.1,26,54,00,107/- 5.3 We now take up the Revenue’s ground challenging the deletion of disallowance of depreciation on goodwill. 5.4 During the course of assessment proceedings, the AO noted that the assessee had claimed depreciation of Rs.6

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(1)(1) AHMEDABAD, AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE INDIA PRIVATE LIMITED, GURGAON

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokar

40,908/- — 2020–21 Rs.66,26,59,520/- Rs.2,65,61,88,427/- 2022–23 — Rs.1,26,54,00,107/- 5.3 We now take up the Revenue’s ground challenging the deletion of disallowance of depreciation on goodwill. 5.4 During the course of assessment proceedings, the AO noted that the assessee had claimed depreciation of Rs.6

DAKSHIN GUJARAT VIJ COMPANY LTD.,,SURAT vs. THE PR. CIT-1,, VADODARA

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Years : 2015-16 Dakshin Gujarat Vij Co. Ltd., Pri. Commissioner Of Urja Sadan, Nana Varachha Road, Vs Income-Tax-1, Kapodara Char Rasta, Surat, Ahmedabad Guajrat-395006 Pan : Aabcd 8912 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri Vijaykumar Jaiswal, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 16/03/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/03/2022 आदेश / O R D E R

40(a)(ia) being curative in nature should be given retrospective operation. He also relied on the decision of Hon’ble Gujarat High Court in the case of CIT vs. Gujarat Mitra Pvt. Ltd., [2013] 31 taxmann.com 378 (Guj.), wherein it was held that the amendment to Section 234B made for the purpose to remove the ambiguity was required

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

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

40, the income under this clause shall be adjusted to the extent of the amount not so allowed to be deducted ; 16.3 At this juncture we also refer the provisions of section 2(24) of the Act where the word income has been defined. The relevant clause (ve) of section 2(24) of the Act reads as under: (24) "income

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

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

40, the income under this clause shall be adjusted to the extent of the amount not so allowed to be deducted ; 16.3 At this juncture we also refer the provisions of section 2(24) of the Act where the word income has been defined. The relevant clause (ve) of section 2(24) of the Act reads as under: (24) "income

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

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

40, the income under this clause shall be adjusted to the extent of the amount not so allowed to be deducted ; 16.3 At this juncture we also refer the provisions of section 2(24) of the Act where the word income has been defined. The relevant clause (ve) of section 2(24) of the Act reads as under: (24) "income

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

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

40, the income under this clause shall be adjusted to the extent of the amount not so allowed to be deducted ; 16.3 At this juncture we also refer the provisions of section 2(24) of the Act where the word income has been defined. The relevant clause (ve) of section 2(24) of the Act reads as under: (24) "income

KALPATARU POWER TRANSMISSION LTD.,,GANDHINAGAR vs. THE DY. CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal of the assessee is dismissed

section 32(1) it is compulsory for the AO to allow depreciation whether claimed or not in I.T.A No. 2471 & 2853/Ahd/2017 & Ors. A.Y. 2012-13 & 2013-14 Page No 40

KALPATARU POWER TRANSMISSION LTD.,,GANDHINAGAR vs. THE DY. CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal of the assessee is dismissed

section 32(1) it is compulsory for the AO to allow depreciation whether claimed or not in I.T.A No. 2471 & 2853/Ahd/2017 & Ors. A.Y. 2012-13 & 2013-14 Page No 40