VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE ACIT, CIRCLE-2 (EXEMP), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

30 Vadodara Urban Development Authority vs. ACIT (E) Provided further that in respect of any income accumulated or set apart on or after the 1st day of April, 2001, the provisions of this sub- section shall have effect as if for the words on years at both the places where they occur, the words "five years had been substituted Following

JT.CIT(E), CIRCLE-2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

30 Vadodara Urban Development Authority vs. ACIT (E) Provided further that in respect of any income accumulated or set apart on or after the 1st day of April, 2001, the provisions of this sub- section shall have effect as if for the words on years at both the places where they occur, the words "five years had been substituted Following

JT.CIT(E),CIRCLE -2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

30 Vadodara Urban Development Authority vs. ACIT (E) Provided further that in respect of any income accumulated or set apart on or after the 1st day of April, 2001, the provisions of this sub- section shall have effect as if for the words on years at both the places where they occur, the words "five years had been substituted Following

JT.CIT(EXEMPTION)CIRCL-2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

30 Vadodara Urban Development Authority vs. ACIT (E) Provided further that in respect of any income accumulated or set apart on or after the 1st day of April, 2001, the provisions of this sub- section shall have effect as if for the words on years at both the places where they occur, the words "five years had been substituted Following

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE ACIT, CIRCLE-2 (EXEMP), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

30 Vadodara Urban Development Authority vs. ACIT (E) Provided further that in respect of any income accumulated or set apart on or after the 1st day of April, 2001, the provisions of this sub- section shall have effect as if for the words on years at both the places where they occur, the words "five years had been substituted Following

ATUL LIMITED,AHMEDABAD vs. THE ACIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal is partly allowed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2017-18 Atul Limited Acit, Cir.1(1)(1) Atul House, Gi Patel Mark Vs Ahmedabad. Mithila Society, Ahmedabad. Pan : Aabca 2390 M (Applicant) (Responent) Assessee By : Shri Bandish Soparkar, Ar : Shri Prathvi Raj Meena, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 01/05/2025 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2025 आदेश/O R D E R आदेश आदेश आदेश

10 (other than provisions contained in clause 38 thereof) or section 11 or section 12 apply. In this regard, we draw support from the coordinate bench’s decision in assessee’s own case for A.Y. 2010–11, where in paragraphs 46 to 51, the Bench categorically noted that the provisions of section 115JB are self-contained and that disallowance made

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 2(1)(1), VADODARA, VADODARA vs. ORIENTAL ENTERPRISES PRIVATE LIMITED,, PCC NOTIFIED AREA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

10,487=Rs.21,80,985/−. • Administrative/Other Expenses Disallowance: o The AO computed this as 0.5% of the average value of investments generating exempt income: o Disallowance: (B) * 0.5% = 0.5%×1,29,22,8268=Rs.30,26,552/− Total Disallowance under Section 14A:Interest Expenses: Rs. 21,80,985/-. (+) Administrative/Other Expenses: Rs. 30

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), VADODARA, VADODARA vs. ORIENTAL ENTERPRISES PRIVATE LIMITED, PCC NOTIFIED AREA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

10,487=Rs.21,80,985/−. • Administrative/Other Expenses Disallowance: o The AO computed this as 0.5% of the average value of investments generating exempt income: o Disallowance: (B) * 0.5% = 0.5%×1,29,22,8268=Rs.30,26,552/− Total Disallowance under Section 14A:Interest Expenses: Rs. 21,80,985/-. (+) Administrative/Other Expenses: Rs. 30

ORIENTAL ENTERPRISE PRIVATE LIMITED,VADODARA vs. THE ACIT, CIRCLE-2(1)(2), VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

10,487=Rs.21,80,985/−. • Administrative/Other Expenses Disallowance: o The AO computed this as 0.5% of the average value of investments generating exempt income: o Disallowance: (B) * 0.5% = 0.5%×1,29,22,8268=Rs.30,26,552/− Total Disallowance under Section 14A:Interest Expenses: Rs. 21,80,985/-. (+) Administrative/Other Expenses: Rs. 30

THE ACIT, CIRCLE-2(2),, BARODA vs. M/S. PRATHAM DEVELOPERS, BARODA

disallowed the Assessee's claim for deduction u/s 80IB (10) in respect of the appellant's housing project 'Pratham Vista' by stating that the Raja Chitti/Layout Plan consisted of 158 residential units of which 55 residential units had buildup area which exceeded the prescribed built up area of 1500 sft. in contravention of the provisions of section 80IB(10

M/S. PRATHAM DEVELOPERS,,VADODARA vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2),, BARODA

disallowed the Assessee's claim for deduction u/s 80IB (10) in respect of the appellant's housing project 'Pratham Vista' by stating that the Raja Chitti/Layout Plan consisted of 158 residential units of which 55 residential units had buildup area which exceeded the prescribed built up area of 1500 sft. in contravention of the provisions of section 80IB(10

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

30% deduction under section 80-IC). Since Sikkim unit enjoys 100% deduction under section 80-IE, disallowance of 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

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

30% deduction under section 80-IC). Since Sikkim unit enjoys 100% deduction under section 80-IE, disallowance of 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

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which was inserted with retrospective effect from 1st April 1962, provides for disallowance of the expenditure incurred in relation to income exempted from tax. From 11th May 2001, a proviso was inserted in Section

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which was inserted with retrospective effect from 1st April 1962, provides for disallowance of the expenditure incurred in relation to income exempted from tax. From 11th May 2001, a proviso was inserted in Section

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which was inserted with retrospective effect from 1st April 1962, provides for disallowance of the expenditure incurred in relation to income exempted from tax. From 11th May 2001, a proviso was inserted in Section

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

30 I.T.A No. 198 & 199/Ahd/2023 & Ors. A.Ys. 2016-17 & 2017-18 Page No Suzlon Engergy Ltd. vs. DCIT “… 12. Section 14A of the Act, which was inserted with retrospective effect from 1st April 1962, provides for disallowance of the expenditure incurred in relation to income exempted from tax. From 11th May 2001, a proviso was inserted in Section

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

30[section 10 (other than the provisions contained in clause (38) thereof)] or section 11 or section 12 apply, if any such amount is credited to, the profit and loss account; or [(iia) the amount of depreciation debited to the profit and loss account (excluding the depreciation on account of , revaluation of assets); or iib) the amount withdrawn from revaluation