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

section 14A(2) is a mandatory precondition for invoking Rule 8D. In the absence of any such finding, the action of the AO was in violation of the law as held in JSW Energy Ltd. [2023] 153 taxmann.com 208 (Bom), Security Printing & Mining Corporation of India Ltd. [2023] 154 taxmann.com 554 (Delhi), HDFC Bank Ltd. [2025] 171 taxmann.com 47 (Mumbai

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 14A disallowance cannot be used while adjusting book profit u/s.115JB of the Act. 9.1. Ld Counsel Mr. Soumitra Choudhury appearing for the assessee further submitted that the disallowance u/s.14A calculated by the assessee was as per hypothetical formula prescribed under Rule 8D of the Act and thus such disallowance does not mean, that the assessee has debited such expenses

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 14A disallowance cannot be used while adjusting book profit u/s.115JB of the Act. 9.1. Ld Counsel Mr. Soumitra Choudhury appearing for the assessee further submitted that the disallowance u/s.14A calculated by the assessee was as per hypothetical formula prescribed under Rule 8D of the Act and thus such disallowance does not mean, that the assessee has debited such expenses

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 14A disallowance cannot be used while adjusting book profit u/s.115JB of the Act. 9.1. Ld Counsel Mr. Soumitra Choudhury appearing for the assessee further submitted that the disallowance u/s.14A calculated by the assessee was as per hypothetical formula prescribed under Rule 8D of the Act and thus such disallowance does not mean, that the assessee has debited such expenses

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 14A disallowance cannot be used while adjusting book profit u/s.115JB of the Act. 9.1. Ld Counsel Mr. Soumitra Choudhury appearing for the assessee further submitted that the disallowance u/s.14A calculated by the assessee was as per hypothetical formula prescribed under Rule 8D of the Act and thus such disallowance does not mean, that the assessee has debited such expenses

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

In the result, appeal of the assessee is allowed

153 of the IT. Act, the Assessment Order, passed in pursuance to the Order of the Hon'ble ITAT u/s. 254 of the IT. Act, was required to be passed by 31/12/2018, being the expiry of nine months from the end of FY 2017-18 during which the Appellate Order of the ITAT was received. 2. That without prejudice

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

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

TEKNI ENGINEERING PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-4(1)(1), AHMEDABAD

In the result, the appeal filed by the assessee is allowed

Bench: Dr.Brr Kumarshri Siddhartha Nautiyal

section the disallowance has been made in the intimation and the amount tallies with the disallowance made by the appellant company of Rs.58,153

M/S. VENUS INFRABUILD,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

SHRI DEEPAK BUDHARMAL VASWANI,,AHMEDABAD vs. DCIT, CENTRAL CIRCLE -1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

M/S. VENUS INFRABUILD,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

SHRI ASHOK SUNDERDAS VASWANI,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. SHRI ASHOK SUNDERDAS VASWANI, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

SHRI RAJESH SUNDERDAS VASWANI,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. SHRI RAJESH SUNDERDAS VASWANI, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

M/S. VENUS INFRABUILD,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

DCIT, CENTRAL CIRCLE -1(1),, AHMEDABAD vs. SHRI DEEPAK KUMAR VASWANI,, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

153, the intention of the legislature is clear viz., to provide for assessment in case of search and requisition. When the very purpose of the provision is to make assessment in case of search or requisition, it goes without Shri Dilipkumar Lalwani and Others (107 Appeals) 36 saying that the assessment has to have relation to the search or requisition

GUJARAT APOLLO INDUSTRIES LIMITED,,AHMEDABAD vs. THE JT. CIT, RANGE-4,, AHMEDABAD

The appeal of the asssessee is partly allowed

disallowed the commission paid to foreign I.T.A Nos. 109,110, 153 & 154/Ahd/2015 A.Y. 2010-11 to 2011-12 Page No 7 Gujarat Apollo Industries vs. Jt. CIT agents by holding that the income arising on account of commission payable to overseas agents was deemed to accrue or arise in India and was accordingly taxable under the Provisions of section