GUJARAT URJA VIKAS NIGAM LTD,VADODARA vs. THE ACIT, CIRECLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes and the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

18. to the Book Profit computed under Section 115JB of the Act on account of disallowance under Section 14A of the Act. 19. The brief

GUJARAT APOLLO INDUSTRIES LIMITED,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Ms.Annapurna Gupta & T.R. Senthil Kumarasstt.Year : 2014-15 The Dcit, Cir.2(1)(1) Gujarat Apollo Industries Ltd. Ahmedabad. ‘Apollo House’ Rashmi Society Nr.Mithakhali Six Roads Navrangpura Ahmedabad 380 009. Pan : Aaacg 7248 P

disallowance to the extent of Rs.3,98,520/-made u/s 14A rw Rule 8D of the Act while computing the income under section 115JB of the Act. 5. That on facts and in law, the learned CIT (A) has grievously erred in confirming the addition of Rs.3,18

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)

disallowable under section 14A is covered under clause (f) of Explanation to section 115JB(2) and, thus, said amount has to be added back while computing amount of book profit? 18

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)

disallowable under section 14A is covered under clause (f) of Explanation to section 115JB(2) and, thus, said amount has to be added back while computing amount of book profit? 18

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)

disallowable under section 14A is covered under clause (f) of Explanation to section 115JB(2) and, thus, said amount has to be added back while computing amount of book profit? 18

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)

disallowable under section 14A is covered under clause (f) of Explanation to section 115JB(2) and, thus, said amount has to be added back while computing amount of book profit? 18

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

18,997/- The CIT(A) found this Revenue is u/s 37 - Trade disallowance in appeal Payables unjustified as the AO with Verification did not provide Ground (Less Than 1 sufficient evidence to No.2 Year) prove that the expenditures were not for business purposes. 4 Disallowance Rs. 26,25,000/- The CIT(A) confirmed Assessee is under Section

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

18,997/- The CIT(A) found this Revenue is u/s 37 - Trade disallowance in appeal Payables unjustified as the AO with Verification did not provide Ground (Less Than 1 sufficient evidence to No.2 Year) prove that the expenditures were not for business purposes. 4 Disallowance Rs. 26,25,000/- The CIT(A) confirmed Assessee is under Section

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

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

18,997/- The CIT(A) found this Revenue is u/s 37 - Trade disallowance in appeal Payables unjustified as the AO with Verification did not provide Ground (Less Than 1 sufficient evidence to No.2 Year) prove that the expenditures were not for business purposes. 4 Disallowance Rs. 26,25,000/- The CIT(A) confirmed Assessee is under Section

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

18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill 2,27,92,50,000 3 Disallowance due to Allocation of Common 10,19,24,003 Expenses (Inter-unit allocation) 4 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

18,41,720 on advances to AEs 2 Disallowance of Depreciation on Goodwill 2,27,92,50,000 3 Disallowance due to Allocation of Common 10,19,24,003 Expenses (Inter-unit allocation) 4 Disallowance under Section

THE ITO, WARD-2(1)(1),, BARODA vs. MARKET CREATORS LTD.,, VADODARA

In the result, this appeal is partly allowed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad)

disallowance under section 40A(2)(b) can be made at all or not is something which goes to the root of the matter, and in the light of law laid down by Hon'ble Bombay High Court in the case of Inventors Industrial Corporation Limited vs. CIT [(1992) 194 ITR 548 (Bom)] such issues can be raised at any point

THE ACIT, CIRCLE-1(1)(1), VADODARA vs. GUJARAT URJA VIKAS NIGAM LIMITED, VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes and the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Ms. Madhumita Roy

18,325.41 lakhs. The ITA Nos.139&178/Ahd/2023 Gujarat Urja Vikas Nigam Ltd. vs. DCIT/ACIT Asst.Year– 2018-19 assessee has not attributed any expenditure towards earning of exempt dividend income. Therefore, by invoking the section 14A read with Rule 8D he made disallowance

GUJARAT URJA VIKAS NIGAM LIMITED,VADODARA vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1), VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes and the appeal filed by the Revenue is partly allowed for statistical purposes

Bench: Smt. Annapurna Gupta & Ms. Madhumita Roy

18,325.41 lakhs. The ITA Nos.139&178/Ahd/2023 Gujarat Urja Vikas Nigam Ltd. vs. DCIT/ACIT Asst.Year– 2018-19 assessee has not attributed any expenditure towards earning of exempt dividend income. Therefore, by invoking the section 14A read with Rule 8D he made disallowance

GOYAL & CO. (CONST.) PVT.LTD.,,AHMEDABAD vs. DCIT CIRCLE-2(1) (1),, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

18,47,479/- Net disallowance Rs. 8,33,606/- 2.10 Thus the AO made the disallowance of Rs. 8,33,606/- and added to the total income of the assessee. Page 5 of 17 ITA nos.1757-1758/AHD/2017 Asstt. Years 2013-14 & 2014-15 2.11 The AO also added the amount disallowed under section

GOYAL & CO. (CONST.) PVT.LTD.,,AHMEDABAD vs. DCIT CIRCLE-2(1) (1),, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

18,47,479/- Net disallowance Rs. 8,33,606/- 2.10 Thus the AO made the disallowance of Rs. 8,33,606/- and added to the total income of the assessee. Page 5 of 17 ITA nos.1757-1758/AHD/2017 Asstt. Years 2013-14 & 2014-15 2.11 The AO also added the amount disallowed under section

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

Appeal is dismissed

section 28 also. The decisions relied upon by the appellant are on different facts. The advances were given in those cases for running of the business whereas in the case of appellant; the advance was given for new project which did not commence. Therefore assessing officer is justified in disallowing the claim. The disallowance made is therefore confirmed. 26. Before

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

18 28.4 However, the AO disregarded the contention of the assessee by observing that there remained no taxable profit after claiming the deduction under section 80-IA of the Act in the specified undertaking. Accordingly, the AO disallowed

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

18 28.4 However, the AO disregarded the contention of the assessee by observing that there remained no taxable profit after claiming the deduction under section 80-IA of the Act in the specified undertaking. Accordingly, the AO disallowed