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)

section 14 has been amended so as to include a non obstante clause to provide that no direction shall be allowed in relation to exempt income, notwithstanding anything contrary contained in the Act. Thus, the earlier judgments holding that if there is no exempt income, no disallowance u/s 14A can be made are overruled. It is also held that this

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)

section 14 has been amended so as to include a non obstante clause to provide that no direction shall be allowed in relation to exempt income, notwithstanding anything contrary contained in the Act. Thus, the earlier judgments holding that if there is no exempt income, no disallowance u/s 14A can be made are overruled. It is also held that this

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

section 92CA(1) of the Act on account of determination of arm's length price of international transaction entered into by the assessee. 19. On appeal, the learned CIT(A) upheld the findings of the AO while relying upon his own decision for the AY 2003-04. 20. The assessee is now in appeal before us against the aforesaid findings

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LIMITED, AHMEDABAD

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LTD.,, AHMEDABAD

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

ADANI ENTERPRISES LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD

Appeal of the Revenue is hereby dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedasstt. Sr.No.

Section 37(1) of the Income-tax Act, 1961, read with sections 198 and 309 of the Companies Act, 1956 - Business expenditure - Allowability of - Assessment year 1979-80 - Whether when vehicles belonging to an assessee-company are used by its directors, for personal or other purposes, it would be wrong to hold that vehicles are personally used by company, because

ANANYA FINANCE FOR INCLUSIVE GROWTH PVT.LTD.,,AHMEDABAD vs. DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

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

Section 14A for A.Y. 2012-13 is deleted entirely. Following the consistent application ITA Nos.960/Ahd/2016, 1186/Ahd/2016, 2275/Ahd/2017, 2276/Ahd/2017 & 1744//Ahd/2019 Ananya Finance for Inclusive Growth Pvt. Ltd. Vs. DCIT Asst. Years : 2012-13, 2012-13, 2013-14, 2014-15 & 2016-17 of judicial principles established by higher courts, the revenue’s ground is dismissed. Ground No. 2 of revenue

ANANYA FINANCE FOR INCLUSIVE GROWTH PVT.LTD.,,AHMEDABAD vs. DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(2),, AHMEDABAD

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

Section 14A for A.Y. 2012-13 is deleted entirely. Following the consistent application ITA Nos.960/Ahd/2016, 1186/Ahd/2016, 2275/Ahd/2017, 2276/Ahd/2017 & 1744//Ahd/2019 Ananya Finance for Inclusive Growth Pvt. Ltd. Vs. DCIT Asst. Years : 2012-13, 2012-13, 2013-14, 2014-15 & 2016-17 of judicial principles established by higher courts, the revenue’s ground is dismissed. Ground No. 2 of revenue

THE DY.COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ANANYA FINANCE FOR INCLUSIVE GROWTH PVT. LTD.,, AHMEDABAD

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

Section 14A for A.Y. 2012-13 is deleted entirely. Following the consistent application ITA Nos.960/Ahd/2016, 1186/Ahd/2016, 2275/Ahd/2017, 2276/Ahd/2017 & 1744//Ahd/2019 Ananya Finance for Inclusive Growth Pvt. Ltd. Vs. DCIT Asst. Years : 2012-13, 2012-13, 2013-14, 2014-15 & 2016-17 of judicial principles established by higher courts, the revenue’s ground is dismissed. Ground No. 2 of revenue

ANANYA FINANCE FOR INCLUSIVE GROWTH PVT. LTD.,,AHMEDABAD vs. THE ASST.COMMISSIONER OF INCOME TAX CIRCLE-1(1)(1),, AHMEDABAD

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

Section 14A for A.Y. 2012-13 is deleted entirely. Following the consistent application ITA Nos.960/Ahd/2016, 1186/Ahd/2016, 2275/Ahd/2017, 2276/Ahd/2017 & 1744//Ahd/2019 Ananya Finance for Inclusive Growth Pvt. Ltd. Vs. DCIT Asst. Years : 2012-13, 2012-13, 2013-14, 2014-15 & 2016-17 of judicial principles established by higher courts, the revenue’s ground is dismissed. Ground No. 2 of revenue

ANANYA FINANCE FOR INCLUSIVE GROWTH PVT.LTD.,,AHMEDABAD vs. DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(2),, AHMEDABAD

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

Section 14A for A.Y. 2012-13 is deleted entirely. Following the consistent application ITA Nos.960/Ahd/2016, 1186/Ahd/2016, 2275/Ahd/2017, 2276/Ahd/2017 & 1744//Ahd/2019 Ananya Finance for Inclusive Growth Pvt. Ltd. Vs. DCIT Asst. Years : 2012-13, 2012-13, 2013-14, 2014-15 & 2016-17 of judicial principles established by higher courts, the revenue’s ground is dismissed. Ground No. 2 of revenue

DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

Section 119 of the Income-tax Act, 1961; that, therefore, he had grossly erred not only in upholding the impugned disallowance on the ground that he found no fault with the Assessing Officer making the impugned disallowance in conformity with the aforesaid Instruction but further, in not deciding the appellant's ground using his own discretion in the matter

THE DCIT, CIRCLE-1,, AHMEDABAD vs. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

Section 119 of the Income-tax Act, 1961; that, therefore, he had grossly erred not only in upholding the impugned disallowance on the ground that he found no fault with the Assessing Officer making the impugned disallowance in conformity with the aforesaid Instruction but further, in not deciding the appellant's ground using his own discretion in the matter

ADANI ENTERPRISES LTD.,AHMEDABAD vs. THE ADDL. CIT,RANGE-1, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

Section 119 of the Income-tax Act, 1961; that, therefore, he had grossly erred not only in upholding the impugned disallowance on the ground that he found no fault with the Assessing Officer making the impugned disallowance in conformity with the aforesaid Instruction but further, in not deciding the appellant's ground using his own discretion in the matter

THE ADDL. CIT, RANGE-1,, AHMEDABAD vs. M/S. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

Section 119 of the Income-tax Act, 1961; that, therefore, he had grossly erred not only in upholding the impugned disallowance on the ground that he found no fault with the Assessing Officer making the impugned disallowance in conformity with the aforesaid Instruction but further, in not deciding the appellant's ground using his own discretion in the matter

ADANI ENTERPRISES LTD.,,AHMEDABAD vs. THE ADDL.CIT.,RANGE-1,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

Section 119 of the Income-tax Act, 1961; that, therefore, he had grossly erred not only in upholding the impugned disallowance on the ground that he found no fault with the Assessing Officer making the impugned disallowance in conformity with the aforesaid Instruction but further, in not deciding the appellant's ground using his own discretion in the matter

ADANI ENTERPRISES LTD.,AHMEDABAD vs. THE ADDL. CIT,RANGE-1, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

Section 119 of the Income-tax Act, 1961; that, therefore, he had grossly erred not only in upholding the impugned disallowance on the ground that he found no fault with the Assessing Officer making the impugned disallowance in conformity with the aforesaid Instruction but further, in not deciding the appellant's ground using his own discretion in the matter

THE ADDL.CIT, RANGE-1, BARODA vs. GUJARAT FLUOROCHEMEICALS LTD, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

disallowance of following items for the purpose of section 14A of the Act. Sr.No. Particulars Amount 1. Securities Transaction tax 72,42,127