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

5) on 16.06.2022. Thereafter, the Assessing Officer passed the final assessment order dated 26.08.2022 under section 143(3) r.w.s. 144C(13), determining total income at Rs.178,23,60,063/- as against the returned income of Rs.168,29,62,390/-, after making the following additions: i. disallowance

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 2(1) (1) AHMEDABAD, VEJALPUR AHMEDABAD vs. INDUCTOTHERM (INDIA) PRIVATE LIMITED, AHMEDABAD

Appeal are dismissed

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

144C(3) of the Act, adopted the TPO’s findings and passed an assessment order determining the total income of the assessee at Rs.80,85,45,535/-, after making the following adjustments: and CO No.10/Ahd/2024 (By Assessee) The Asstt.CIT vs. Inductotherm (India) Pvt.Ltd. Asst. Year:2016-17 3 - Transfer Pricing Adjustment of Rs.2,67,13,481/-. - Disallowance under Section

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

144C of the Act, vide assessment order dated 28.01.2019, determining the total income of the assessee at Rs.430,72,97,310/-. The AO made following additions/disallowances: ITA No.281 and 222/Ahd/2021 3 Sr. Particulars of Addition/Disallowance Amount (Rs.) No. 1 Transfer Pricing Adjustment on account of interest 15,18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill

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

144C of the Act, vide assessment order dated 28.01.2019, determining the total income of the assessee at Rs.430,72,97,310/-. The AO made following additions/disallowances: ITA No.281 and 222/Ahd/2021 3 Sr. Particulars of Addition/Disallowance Amount (Rs.) No. 1 Transfer Pricing Adjustment on account of interest 15,18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill

DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. ADANI ENTERPRISES LTD., AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2009-10 Dcit, M/S. Adani Enterprises Ltd., Circle 1(1)(1), Vs Adani House, Nr. Mithakhali Ahmedabad Six Roads, Navrangpura, Ahmedabad - 380009 Pan : Aabca 2804 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Mohd. Usman, Cit-Dr Assessee By : Shri Vartik Choksi, Ar & Shri Biren Shah, Ar सुनवाई क" तार"ख/Date Of Hearing : 11/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 31/05/2022

144C of the Act challenging the various additions / disallowances made by the Assessing Officer and while disposing of the said appeal vide an order dated 08.10.2014, the leaned CIT(A) allowed part relief to the assessee thereby sustaining/confirming certain additions/disallowances made by the Assessing Officer. After the disposal of the quantum appeal by the learned CIT(A), a fresh notice

CADILA HEALTHCARE LTD.,AHMEDABAD vs. DCIT, CIRCLE-1(1)(2), AHMEDABAD

In the result, appeal of the assessee is allowed

disallowances, the assessee preferred appeal before ITAT and ITAT vide Order dated 03-03-2017 remitted the matter to the file of DRP for fresh adjudication, after giving due opportunity of hearing to the assessee. The afore-said order passed by ITAT was served on the Ld. Principal CIT on 06-06-2017. Subsequently, the DRP passed directions u/s 144C

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.

144C of the Act, 1961 (here-in-after referred to as “the Act”) relevant to the Assessment Years 2011-12 & 2012-13. ITA No.2030/Ahd/2016 and 3 others A.Y. 2011-12 2 First we take ITA No. 2035/Ahd/2016, an appeal by the assessee for the AY 2011-12 2. The assessee has raised the following grounds of appeal

AIA ENGINEERING LTD.,,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, ITA Appeals 1766/Ahd/12, 2342/Ahd/15, 2343/Ahd/2015,

144C of the act vide order dated 23rd Feb, 2012 whereas various additions were made. Assessee has not filed any objection against draft assessment order before the dispute resolution panel. Being aggrieved with the additions made by the Assessing Officer, the assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has partly allowed the appeal

THE DCIT, CIRCLE-1,, AHMEDABAD vs. AIA ENGINEERING LTD.,, AHMEDABAD

In the result, ITA Appeals 1766/Ahd/12, 2342/Ahd/15, 2343/Ahd/2015,

144C of the act vide order dated 23rd Feb, 2012 whereas various additions were made. Assessee has not filed any objection against draft assessment order before the dispute resolution panel. Being aggrieved with the additions made by the Assessing Officer, the assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has partly allowed the appeal

AXIS BANK LIMITED,AHMEDABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), AHMEDABAD

The appeal of the assessee is partly allowed for statistical purposes

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2018-19 Axis Bank Limited, Vs. Assistant Commissioner Of “Trishul”, 3Rd Floor, Opp. Income-Tax, Samartheshwar Temple, Nr. Law Circle 1(1)(1), Garden, Ellisbridge, Ahmedabad Ahmedabad-380006 Pan : Aaacu 2414 K अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 29.11.2023/03.04.2024 घोषणा क" तारीख /Date Of Pronouncement: 10.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: By Way Of This Appeal, The Assessee-Appellant Has Challenged Correctness Of The Order Dated 28Th July, 2022 Passed By The Assessing Officer Under Section 143(3) R.W.S. 144C(13) R.W.S. 144B Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act” For Short], For The Assessment Year (Ay) 2018-19. 2. Ground No.1 Raised By The Assessee Reads As Under:- “1. Disallowance In Respect Of Annual Technical Fees (Tax Effect - Rs. 16,84,276) 1.1 The Learned Drp Has Erred In Upholding Addition Made By Ao In Respect Of Treating Annual Technical Services (Ats) Fees Paid To Infosys Limited To The Extent Of Rs. 48.66 Lacs As Prior Period Expense. 1.2. It Is Submitted That The Expenditure Relates To Amount Payable To Infosys & No Part Of The Amount Was Claimed As Expenditure At Any Time In The 2 Axis Bank Limited Vs. Acit Ay : 2018-19

Section 144C(5) The DRP procedure can only be initiated by an assessee objecting to the draft assessment order. This would enable correction in the proposed order (draft assessment order) before a final assessment order is passed. Therefore, we are of the view that in the present facts this issue could be agitated before and rectified

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CADILA PHARMACEUTICALS LTD. , AHMEDABAD

In the result, appeal of the Revenue is partly allowed for statistical purpose and the appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2012-13

144C(3) read with Section 143(3) of the Act. The Assessing Officer observed that in respect of Transfer Pricing addition, the TPO passed an order under Section 92CA(3) of the Act on 31.12.2015 thereby quantifying an upward adjustment of Rs.60,83,440/- on International Transaction of the assessee. The Assessing Officer further made disallowance under Section

M/S. CADILA PHARMACEUTICALS LTD. ,AHMEDABAD vs. THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

In the result, appeal of the Revenue is partly allowed for statistical purpose and the appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2012-13

144C(3) read with Section 143(3) of the Act. The Assessing Officer observed that in respect of Transfer Pricing addition, the TPO passed an order under Section 92CA(3) of the Act on 31.12.2015 thereby quantifying an upward adjustment of Rs.60,83,440/- on International Transaction of the assessee. The Assessing Officer further made disallowance under Section

M/S. ATUL LTD.,,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1)(2),, AHMEDABAD

The appeal of the assessee is partly allowed in the above terms for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarit(Tp)A No.446/Ahd/2015 Assessment Year : 2010-11 M/S.Atul Limited Dcit, Cir.1(1)(2) Atul House Vs Ahmedabad. Gi Patel Marg Ahmedabad 380 014. Pan : Aabca 2390 M

144C(13) of the Income Tax Act, 1961 ("the Act" for short) pertaining to Assessment Year 2010-11. 2. The assessee is in the business of manufacturing and sale of range of chemicals like dyes, agro chemicals, bulk drugs, commodity chemicals and intermediates. Assessment for the impugned year was framed by incorporating IT(TP)A No.446/Ahd/2015 2 • the Transfer Pricing

CADILA HEALTHCARE LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(2), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1660/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2011-12 Cadila Healthcare Ltd., D.C.I.T., Zydus Corporate Park, Vs. Circle-1(1)(2), Plot No.103, Ahmedabad. Nr. Nirma University, Mouje-Khoraj, S.G. Highway, Ahmedabad.

144C(3) of the Act for the mistakes committed by him, in the proceedings under section 154 of the Act. The scope of the provisions of section 154 of the Act is limited to the extent of rectifying any mistake apparent from the record. The provisions of section 154 of the Act reads as under: — A.Y. 2011-12 5

ATUL LTD.,,AHMEDABAD vs. THE DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(2),, AHMEDABAD

In the result, appeal of the Revenue is partly allowed for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R.Senthil Kumarasst.Year 2009-10 & Assessment Year : 2006-07 Atul Limited Dcit (Osd), Range-1 3Rd Floor, Ashoka Chambers Dcit, Cir.1(1)(2) Rasala Marg, Ellisbridge Ahmedabad. Ahmedabad 380009. Pan : Aabca 2390 M Asst.Year : 2009-10 & Assessment Year : 2006-07 & It(Tp)A No.1108/Ahd/2017 Asst.Year : 2007-08 Dcit, Cir.1(1)(2) Atul Limited Ahmedabad. 3Rd Floor, Ashoka Chambers Rasala Marg, Ellisbridge Ahmedabad 380009. Pan : Aabca 2390 M

144C of the Act on 22/10/10 had travelled in appeal to the ITAT via the Dispute Resolution Panel(DRP) route,who vide their order dated29/10/12 in ITA No.3118/Ahd/2010 set aside the following issues to the AO for reconsideration: i) Transfer Pricing Adjustment a) commission received from Associate Enterprise(AE) of Rs.2,71,82,980, and b) on account of sale

ATUL LTD.,,AHMEDABAD vs. THE DY.CIT (OSD), RANGE-1,, AHMEDABAD

In the result, appeal of the Revenue is partly allowed for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R.Senthil Kumarasst.Year 2009-10 & Assessment Year : 2006-07 Atul Limited Dcit (Osd), Range-1 3Rd Floor, Ashoka Chambers Dcit, Cir.1(1)(2) Rasala Marg, Ellisbridge Ahmedabad. Ahmedabad 380009. Pan : Aabca 2390 M Asst.Year : 2009-10 & Assessment Year : 2006-07 & It(Tp)A No.1108/Ahd/2017 Asst.Year : 2007-08 Dcit, Cir.1(1)(2) Atul Limited Ahmedabad. 3Rd Floor, Ashoka Chambers Rasala Marg, Ellisbridge Ahmedabad 380009. Pan : Aabca 2390 M

144C of the Act on 22/10/10 had travelled in appeal to the ITAT via the Dispute Resolution Panel(DRP) route,who vide their order dated29/10/12 in ITA No.3118/Ahd/2010 set aside the following issues to the AO for reconsideration: i) Transfer Pricing Adjustment a) commission received from Associate Enterprise(AE) of Rs.2,71,82,980, and b) on account of sale

SCHAEFFLER INDIA LTD.(A SUCCESSOR OF LUK INDIA PVT. LTD)),VADODARA vs. THE ACIT, CIRCLE-1(1)(1) (EARLIER ACIT, CIRCLE-1, HOSUR), VADODARA

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

144C (3) of the Act. Addition Rs. 31,37,991: 2) The learned CIT(A) erred in fact and in law in confirming the action of learned AO and TPO in disallowaing Rs. 31,37,991 u/s 37 of the Act. 3) The learned CIT(A) erred in fact and in law in invoking section 37 of the Act without

THE ACIT, CIRCLE-1(1)(1), VADODARA vs. SCHAEFFLER INDIA LTD.( ERSTWHILE LUK INDIA PVT. LTD)), VADODARA

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

144C (3) of the Act. Addition Rs. 31,37,991: 2) The learned CIT(A) erred in fact and in law in confirming the action of learned AO and TPO in disallowaing Rs. 31,37,991 u/s 37 of the Act. 3) The learned CIT(A) erred in fact and in law in invoking section 37 of the Act without

SCHAEFFLER INDIA LIMITED,VADODARA, GUJARAT vs. ASSISTANT DIRECTOR OF INCOME TAX,CPC, BANGALORE (JAO-DEPUTY COMMISSIONER OF INCOME TAX CIRCLE1(1)(1), VADODARA, GUJARAT

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

144C (3) of the Act. Addition Rs. 31,37,991: 2) The learned CIT(A) erred in fact and in law in confirming the action of learned AO and TPO in disallowaing Rs. 31,37,991 u/s 37 of the Act. 3) The learned CIT(A) erred in fact and in law in invoking section 37 of the Act without