DY.COMMISSIONER OF INCOME TAX CIRCLE-1(3),, AHMEDABAD vs. KIFS PVT.LTD.,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

THE DY. CIT., CIRCLE-3,, AHMEDABAD vs. KHANDWALA INTEGRATED FINANCIAL SERVICES PVT. LTD, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

THE ACIT, CIRCLE-3,, AHMEDABAD vs. KIFS SECURITIES LIMITED,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

KIFS SECURITIES PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3), AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

KIFS SECURITIES PVT. LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(3),, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

KIFS SECURITIES LTD.,,AHMEDABAD vs. THE JT.CIT, RANGE- 3,, AHMEDABAD

In the result Ground No.9 of the revenue is allowed for

Bench: Hon'Ble Justice P.P.Bhatt & Hon'Ble Manish Borad

194H of the Act. Ld. A.O. was of the view that Initial Public Offer (IPO) cannot be regarded as transaction in securities and the application made for IPO cannot be regarded as securities within the meaning of Section 2(h) of Securities Contract (Regulation) Act 1956 till the shares are allotted and delivered to the person and accordingly made disallowance

SHRI DINESH MILLS LTD.,BARODA vs. THE ACIT, CIRCLE -2(1)(1), BARODA

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

194H attracting the provisions of section 40(1)(ia) of the Act. 6. On the facts and in the circumstances of the case and in law, Ld.CIT(A) erred in directing the Assessing Officer not to include the disallowance

JT. CIT(OSD), TDS-CIRCLE,, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

disallow the findings of facts recorded by the assessing officer and the CIT (Appeals), who had treated the expenditure incurred on the doctors as "commission", and had accordingly made the respondent assessee liable to deduct the TDS under Section 194H

JT. CIT(OSD), TDS-CIRCLE,, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

disallow the findings of facts recorded by the assessing officer and the CIT (Appeals), who had treated the expenditure incurred on the doctors as "commission", and had accordingly made the respondent assessee liable to deduct the TDS under Section 194H

JT. CIT(OSD), TDS-CIRCLE,, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

disallow the findings of facts recorded by the assessing officer and the CIT (Appeals), who had treated the expenditure incurred on the doctors as "commission", and had accordingly made the respondent assessee liable to deduct the TDS under Section 194H

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

In the result, appeal of the Revenue is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad)

disallowance under section 40(a)(ia) was to be made - Whether instant was a case of contract for goods and is neither a contract for service, nor is it a case of paying of commission or brokerage - Held, yes - Whether, therefore, it was covered neither under section 194C nor under section 194H

STALLION FINSTOCK PVT.LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(3),, AHMEDABAD

In the result, the appeal is allowed in the terms indicated above

Bench: Us, Is Against Learned Cit(A)’S Upholding The Disallowance Of Rs.9,79,553/- In Respect Of Commission Paid By The Assessee.

disallowance under section 40 (a)(i) r.w.s. 194H, there is no merit in this plea either because of the simple

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT GAS TRADING CO. LTD.,, AHMEDABAD

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

disallowance by observing as follows:- “7.2 I have considered the assessment order and the submissions made by the appellant. The Purchase Commission and Guarantee Commission is being paid on the basis of tripartite Agreement between Gujarat Gas Company Ltd. And British Gas India Private Limited and BE Energy Holding Ltd. Made on 30th May, 2001. This issue has been decided

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT GAS TRADING CO. LTD.,, AHMEDABAD

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

disallowance by observing as follows:- “7.2 I have considered the assessment order and the submissions made by the appellant. The Purchase Commission and Guarantee Commission is being paid on the basis of tripartite Agreement between Gujarat Gas Company Ltd. And British Gas India Private Limited and BE Energy Holding Ltd. Made on 30th May, 2001. This issue has been decided

GUJARAT GAS TRADIANG CO.LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-4(1),, AHMEDABAD

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

disallowance by observing as follows:- “7.2 I have considered the assessment order and the submissions made by the appellant. The Purchase Commission and Guarantee Commission is being paid on the basis of tripartite Agreement between Gujarat Gas Company Ltd. And British Gas India Private Limited and BE Energy Holding Ltd. Made on 30th May, 2001. This issue has been decided

GUJARAT GAS TRADIANG CO.LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-4,, AHMEDABAD

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

disallowance by observing as follows:- “7.2 I have considered the assessment order and the submissions made by the appellant. The Purchase Commission and Guarantee Commission is being paid on the basis of tripartite Agreement between Gujarat Gas Company Ltd. And British Gas India Private Limited and BE Energy Holding Ltd. Made on 30th May, 2001. This issue has been decided

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT GAS TRADING CO. LTD.,, AHMEDABAD

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

disallowance by observing as follows:- “7.2 I have considered the assessment order and the submissions made by the appellant. The Purchase Commission and Guarantee Commission is being paid on the basis of tripartite Agreement between Gujarat Gas Company Ltd. And British Gas India Private Limited and BE Energy Holding Ltd. Made on 30th May, 2001. This issue has been decided