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 80-IC, the CIT(A) rightly held that 70% of the depreciation claimed—representing the portion not eligible for deduction—would be an effective addition to income. Accordingly, the CIT(A) restricted the disallowance to Rs.52,69,97,415/-, being 70% of the depreciation claimed in respect of goodwill allocated to the Dehradun unit. This computation was consistent with

THE ITO, WARD-1(2)(1), AHMEDBAD vs. ASHIF MEHBBOBELAHI RUSHNAIWALA, AHMEDABAD

54 F of the IT Act, taking the view that the deeming fiction created u/s. 50 of the Act with respect to depreciable assets would be I.T.A No. 329/Ahd/2020 A.Y. 2011-12 Page No 5 ITO vs. Ashif Mehbubilahi Rushnaiwala confined for the purpose of mode of computation of capital gains contained in Section

HEENA PARTHIV THAKKAR,AHMEDABAD vs. THE ADIT, CPC, BENGALURU/THE ITO, WARD-1(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyalheena Parthiv Thakkar, Vs. Adit, Cpc, 38, Tulsi Co-Op. Hos. Soc. Ltd. Bengaluru/ Sagar Bungalow, Gulab Tower Income Tax Officer, Road, Sola Road, Thaltej, Ward-1(2)(3), Ahmedabad-380061. Ahmedabad.

depreciation of Rs. 9,54,375 while processing the return under Section 143(1) of the Income Tax Act. The appellant

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)

section 32(1)(iia) is not defined in the IT Act, 1961. The Supreme Court in case of State of Andhra Pradesh Vs. NTPC Ltd. 5 SSC 203 held that electricity is 'goods' and therefore production/generation of electricity is production of article or thing. Further, Delhi Tribunal in case of NTPC Ltd. Vs.DCIT (2012) 54 SOT 177 wherein I.T.A

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)

section 32(1)(iia) is not defined in the IT Act, 1961. The Supreme Court in case of State of Andhra Pradesh Vs. NTPC Ltd. 5 SSC 203 held that electricity is 'goods' and therefore production/generation of electricity is production of article or thing. Further, Delhi Tribunal in case of NTPC Ltd. Vs.DCIT (2012) 54 SOT 177 wherein I.T.A

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 80- IC, the CIT(A) rightly held that 70% of the depreciation claimed— representing the portion not eligible for deduction—would be an effective addition to income. Accordingly, the CIT(A) restricted the disallowance to Rs.52,69,97,415/-, being 70% of the depreciation claimed in respect of goodwill allocated to the Dehradun unit. This computation was consistent with

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

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.6,61,91,21,210/- on goodwill. This goodwill was stated to have arisen pursuant to the scheme of amalgamation of Reckitt

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

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.6,61,91,21,210/- on goodwill. This goodwill was stated to have arisen pursuant to the scheme of amalgamation of Reckitt

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

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.6,61,91,21,210/- on goodwill. This goodwill was stated to have arisen pursuant to the scheme of amalgamation of Reckitt

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

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.6,61,91,21,210/- on goodwill. This goodwill was stated to have arisen pursuant to the scheme of amalgamation of Reckitt

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

section 41(1) has no application to non payment of disputed amount. It be so held now. 4 Ld. CIT (A) erred in law and on facts in confirming disallowance made by AO of Rs. 1,14,999/- depreciation claimed with respect to closed unit. Ld. CIT (A) ought to have deleted disallowance of depreciation claimed of unit forming part

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

section 41(1) has no application to non payment of disputed amount. It be so held now. 4 Ld. CIT (A) erred in law and on facts in confirming disallowance made by AO of Rs. 1,14,999/- depreciation claimed with respect to closed unit. Ld. CIT (A) ought to have deleted disallowance of depreciation claimed of unit forming part

M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation on goodwill is allowable under the said section. In answering the said question the Hon’ble Supreme Court has held that in the present cash the assessee has claimed deduction of Rs. 54

THE DCIT, CIR-3(1)(1), AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation on goodwill is allowable under the said section. In answering the said question the Hon’ble Supreme Court has held that in the present cash the assessee has claimed deduction of Rs. 54

NIRMA LIMITED,,AHMEDABAD vs. DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation on goodwill is allowable under the said section. In answering the said question the Hon’ble Supreme Court has held that in the present cash the assessee has claimed deduction of Rs. 54

JT. CTI (OSD), CIRCLE-3(1)(1),, AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

depreciation on goodwill is allowable under the said section. In answering the said question the Hon’ble Supreme Court has held that in the present cash the assessee has claimed deduction of Rs. 54

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

54,301/-. 5.5 The Commissioner of Income Tax (Appeals) for AY 2013-14 in para 3.3 has upheld the addition to the extent of Rs.4,88,052/- out of Rs.9,52,934/-. However, the Hon’ble ITAT has dismissed the appeal of Revenue where Commissioner of Income Tax (Appeals) has allowed full and enhanced depreciation @ 15% instead

DIAMINES AND CHEMICALS LIMITED,,BARODA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, BARODA

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

section 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the Ld. Principal Commissioner of Income Tax, Vadodara-1, and another order dated 13.10.2016 passed by the Commissioner of Income Tax I.T.A No. 1472/Ahd/2015 & 219/Ahd/2017 A.Y. 2010-11 Page No 2 Diamines & Chemicals Ltd. vs. DCIT (Appeals)-1, Vadodara giving effect to the revision order

DIAMINES & CHEMICALS LTD.,,BARODA vs. THE PR. CIT- 1, BARODA

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

section 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) by the Ld. Principal Commissioner of Income Tax, Vadodara-1, and another order dated 13.10.2016 passed by the Commissioner of Income Tax I.T.A No. 1472/Ahd/2015 & 219/Ahd/2017 A.Y. 2010-11 Page No 2 Diamines & Chemicals Ltd. vs. DCIT (Appeals)-1, Vadodara giving effect to the revision order