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 under clause (b) of Explanation 3 to section 32(1) of the Act. 34. The CIT(A) further referred to the statutory definition of “amalgamation” under section 2(1B) of the Act, which mandates that all properties and liabilities of the amalgamating company must vest in the amalgamated company, and shareholders of the amalgamating company must become shareholders

THE DCIT,GANDHINAGAR CIRCLE,, GANDHINAGAR vs. M/S. GUJARAT STATE PETRONET LTD., GANDHINAGAR

In the result appeal of the Revenue is partly allowed for the statistical purposes

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 272-273/Ahd/2020 िनधा"रण वष"/Asstt. Years: 2014-2015 & 2015-16 D.C.I.T, M/S. Gujarat State Petronet Ltd., Gnr Circle. Vs. Plot No.E-18, Jamnagar Gidc Electronics Estate, Sector-26, Gandhinagar.

depreciation of Rs.30,90,866/- on WDV of certain Administrative Expenses capitalized in earlier years. 3. Whether the Id.CIT(A) has erred in law and on facts in allowing ESOP Compensation Expenses Rs. 90,28,831/- 4. It is, therefore prayed that the order of the Ld.Commissioner of Income-tax(Appeals) may be set aside and that of the Assessing

THE DCIT,GANDHINAGAR CIRCLE,, GANDHINAGAR vs. M/S. GUJARAT STATE PETRONET LTD., GANDHINAGAR

In the result appeal of the Revenue is partly allowed for the statistical purposes

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 272-273/Ahd/2020 िनधा"रण वष"/Asstt. Years: 2014-2015 & 2015-16 D.C.I.T, M/S. Gujarat State Petronet Ltd., Gnr Circle. Vs. Plot No.E-18, Jamnagar Gidc Electronics Estate, Sector-26, Gandhinagar.

depreciation of Rs.30,90,866/- on WDV of certain Administrative Expenses capitalized in earlier years. 3. Whether the Id.CIT(A) has erred in law and on facts in allowing ESOP Compensation Expenses Rs. 90,28,831/- 4. It is, therefore prayed that the order of the Ld.Commissioner of Income-tax(Appeals) may be set aside and that of the Assessing

TTEC INDIA CUSTOMER SOLUTIONS PVT. LTD.,AHMEDABAD vs. THE PR.CIT-3, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2020-21 Ttec India Customer Solutions Pr.Commissioner Of Private Limited, Ttec Ahmedabad Vs. Income Tax-3 Opp: L.J.College Vejalpur Off: Sg Road, Makarba Ahmedabad. Fatewadi Bo, Fatewadi Ahmedabad. Pan : Aaccm 1005A (Applicant) (Responent) : Shri Vishal Kabra, Ar Assessee By : Shri Rignesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 03/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 04/07/2025 आदेश आदेश/O R D E R आदेश आदेश

depreciation as per Indian Companies Act, and adjustments for deferred taxes. The AO, after considering these submissions, accepted the claim of foreign tax credit restricted to the amount of Indian tax payable on the income earned in the Philippines, in line with the DTAA and section 90

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

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

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

depreciation under section 32(1)(ii). 5.5 During the course of assessment proceedings, the assessee was asked to furnish the computation and working of goodwill which was eventually furnished vide assessee’s letter dated 19.01.2016. The assessee submitted that goodwill was recognized in the books of RBHIL (merged entity) on account of amalgamation with RBIPFL. The total goodwill recognized

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

depreciation under section 32(1)(ii). 5.5 During the course of assessment proceedings, the assessee was asked to furnish the computation and working of goodwill which was eventually furnished vide assessee’s letter dated 19.01.2016. The assessee submitted that goodwill was recognized in the books of RBHIL (merged entity) on account of amalgamation with RBIPFL. The total goodwill recognized

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

depreciation under section 32(1)(ii). 5.5 During the course of assessment proceedings, the assessee was asked to furnish the computation and working of goodwill which was eventually furnished vide assessee’s letter dated 19.01.2016. The assessee submitted that goodwill was recognized in the books of RBHIL (merged entity) on account of amalgamation with RBIPFL. The total goodwill recognized

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

depreciation under section 32(1)(ii). 5.5 During the course of assessment proceedings, the assessee was asked to furnish the computation and working of goodwill which was eventually furnished vide assessee’s letter dated 19.01.2016. The assessee submitted that goodwill was recognized in the books of RBHIL (merged entity) on account of amalgamation with RBIPFL. The total goodwill recognized

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

depreciation claimed on furniture and fittings, it was pointed out that this issue was also consistently raised in assessment framed on the assessee right from Assessment Year 2010-11 to the immediately preceding year, i.e. AY 2013-14 and again had been consistently decided by the ITAT in favour of the assessee, which was taken a note

M/S. BODAL CHEMICALS LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-1, AHMEDABAD

In the result, the appeals being IT(SS)A No

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

section 32(1), 43(1) and 43(6)to the tune of Rs.1,90,09,241/-under normal provisions of the Act “5. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the addition of Rs. 1,90,09,241/- made by the AO on account disallowance of depreciation

UTTAR GUJARAT VIJ COMPANY LIMITED,MEHSANA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 32(1)(iia) of the Act, the assessee submitted that during the ITA Nos.292 to 294/Ahd/2023 & 269 to 271/Ahd/2023 Uttar Gujarat Vij Company Ltd. vs. DCIT & ACIT vs. Uttar Gujarat Vij Company Ltd. Asst.Years –2016-17 to 2018-19 - 11– year the assesse commissioned new plant and machinery of Rs. 504,90,24,076/- and hence additional depreciation

THE ACIT, CIRCLE-2(1)(1), VADODARA vs. UTTAR GUJARAT VIJ COMPANY LIMITED, MEHSANA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 32(1)(iia) of the Act, the assessee submitted that during the ITA Nos.292 to 294/Ahd/2023 & 269 to 271/Ahd/2023 Uttar Gujarat Vij Company Ltd. vs. DCIT & ACIT vs. Uttar Gujarat Vij Company Ltd. Asst.Years –2016-17 to 2018-19 - 11– year the assesse commissioned new plant and machinery of Rs. 504,90,24,076/- and hence additional depreciation

UTTAR GUJARAT VIJ COMPANY LIMITED,MEHSANA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 32(1)(iia) of the Act, the assessee submitted that during the ITA Nos.292 to 294/Ahd/2023 & 269 to 271/Ahd/2023 Uttar Gujarat Vij Company Ltd. vs. DCIT & ACIT vs. Uttar Gujarat Vij Company Ltd. Asst.Years –2016-17 to 2018-19 - 11– year the assesse commissioned new plant and machinery of Rs. 504,90,24,076/- and hence additional depreciation

THE ACIT, CIRCLE-2(1)(1), VADODARA vs. UTTAR GUJARAT VIJ COMPANY LIMITED, MEHSANA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 32(1)(iia) of the Act, the assessee submitted that during the ITA Nos.292 to 294/Ahd/2023 & 269 to 271/Ahd/2023 Uttar Gujarat Vij Company Ltd. vs. DCIT & ACIT vs. Uttar Gujarat Vij Company Ltd. Asst.Years –2016-17 to 2018-19 - 11– year the assesse commissioned new plant and machinery of Rs. 504,90,24,076/- and hence additional depreciation

THE ACIT, CIRCLE-2(1)(1), VADODARA vs. UTTAR GUJARAT VIJ COMPANY LIMITED, MEHSANA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 32(1)(iia) of the Act, the assessee submitted that during the ITA Nos.292 to 294/Ahd/2023 & 269 to 271/Ahd/2023 Uttar Gujarat Vij Company Ltd. vs. DCIT & ACIT vs. Uttar Gujarat Vij Company Ltd. Asst.Years –2016-17 to 2018-19 - 11– year the assesse commissioned new plant and machinery of Rs. 504,90,24,076/- and hence additional depreciation

UTTAR GUJARAT VIJ COMPANY LIMITED,MEHSANA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, Ground No

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Section 32(1)(iia) of the Act, the assessee submitted that during the ITA Nos.292 to 294/Ahd/2023 & 269 to 271/Ahd/2023 Uttar Gujarat Vij Company Ltd. vs. DCIT & ACIT vs. Uttar Gujarat Vij Company Ltd. Asst.Years –2016-17 to 2018-19 - 11– year the assesse commissioned new plant and machinery of Rs. 504,90,24,076/- and hence additional depreciation

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD vs. UNICORN PACKAGING PRIVATE LIMITED, AHMEDABAD

In the result, this appeal of the Revenue is, accordingly, stands dismissed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

section 55(2)(a)(ii) which established that Depreciation cannot be claimed on goodwill arising out of amalgamation under the existing provision of the Income-tax Act." 3) "The Revenue craves leave to add/alter/armed and/or substitute any or all of the grounds of appeal." 3. The brief facts of the case, as culled out from the assessment order