RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- These cross appeals filed by the Assessee and the Revenue are directed against the order of the learned Commissioner of Income-tax ITA Nos. 1184/Ahd/2018 & 1225/Ahd/2018 Assessee : Reckitt Benckiser Healthcare (I) Ltd Asst. Year : 2011-12 - 2– (Appeals)-9, Ahmedabad (in short ‘the CIT(A)’) dated 09.03.2018 passed under Section

JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- These cross appeals filed by the Assessee and the Revenue are directed against the order of the learned Commissioner of Income-tax ITA Nos. 1184/Ahd/2018 & 1225/Ahd/2018 Assessee : Reckitt Benckiser Healthcare (I) Ltd Asst. Year : 2011-12 - 2– (Appeals)-9, Ahmedabad (in short ‘the CIT(A)’) dated 09.03.2018 passed under Section

THE DCIT, CENTRAL CIRCLE-2, VADODARA vs. SHRI KETAN REALITIES PVT. LTD, VADODARA

In the result, appeal filed by the Revenue is dismissed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

section 2(22)(e) of the Act will be applicable, which has escaped from assessment to tax. In-response, the assessee filed a letter to treat the original return, in response to the 148 notice. Thereafter, the assessee was issued show-cause notice why not to make addition the unsecured loan transaction taxable u/s.2(22)(e

SHRI GIRISHBHAI VADILAL SHAH,,AHMEDABAD vs. THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, appeal preferred by the assessee in ITA No

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 330, 331 & 332/Ahd/2020 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2015-16 & 2016-17) िनधा"रण वष" Girishbhai Vadilal Shah Dcit बनाम बनाम/ बनाम बनाम 139, V R Shah Smruti Circle – 4(1)(2), Vs. Shikshan Mandir, Nr. Ahmedabad Dharnidhar Derasar, Vasna, Ahmedabad, Gujarat, 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjps3102P (Appellant) .. (Respondent) Shri Jaimin Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 26/06/2024 Date Of Pronouncement 15/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad, (In Short The ‘Cit(A)’), (In Short ‘The Cit(A)’) All Dated 16.03.2020 For The Assessment Year 2014-15, 2015-16 & 2016-17. As The Issues Involved In The Three Appeals Are Common, They Were Heard Together & Are Being Disposed Vide This Common Order.

E R PER SHRI NARENDRA PRASAD SINHA, AM: These three appeals are filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-8, Ahmedabad, (in short the ‘CIT(A)’), (in short ‘the CIT(A)’) all dated 16.03.2020 for the Assessment Year 2014-15, 2015-16 and 2016-17. As the issues involved in the three appeals

SHRI GIRISHBHAI VADILAL SHAH,,AHMEDABAD vs. THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, appeal preferred by the assessee in ITA No

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 330, 331 & 332/Ahd/2020 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2015-16 & 2016-17) िनधा"रण वष" Girishbhai Vadilal Shah Dcit बनाम बनाम/ बनाम बनाम 139, V R Shah Smruti Circle – 4(1)(2), Vs. Shikshan Mandir, Nr. Ahmedabad Dharnidhar Derasar, Vasna, Ahmedabad, Gujarat, 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjps3102P (Appellant) .. (Respondent) Shri Jaimin Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 26/06/2024 Date Of Pronouncement 15/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad, (In Short The ‘Cit(A)’), (In Short ‘The Cit(A)’) All Dated 16.03.2020 For The Assessment Year 2014-15, 2015-16 & 2016-17. As The Issues Involved In The Three Appeals Are Common, They Were Heard Together & Are Being Disposed Vide This Common Order.

E R PER SHRI NARENDRA PRASAD SINHA, AM: These three appeals are filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-8, Ahmedabad, (in short the ‘CIT(A)’), (in short ‘the CIT(A)’) all dated 16.03.2020 for the Assessment Year 2014-15, 2015-16 and 2016-17. As the issues involved in the three appeals

SHRI GIRISHBHAI VADILAL SHAH,,AHMEDABAD vs. THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result, appeal preferred by the assessee in ITA No

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. Nos. 330, 331 & 332/Ahd/2020 (िनधा"रण वष" िनधा"रण वष" िनधा"रण वष" / Assessment Years : 2014-15, 2015-16 & 2016-17) िनधा"रण वष" Girishbhai Vadilal Shah Dcit बनाम बनाम/ बनाम बनाम 139, V R Shah Smruti Circle – 4(1)(2), Vs. Shikshan Mandir, Nr. Ahmedabad Dharnidhar Derasar, Vasna, Ahmedabad, Gujarat, 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjps3102P (Appellant) .. (Respondent) Shri Jaimin Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 26/06/2024 Date Of Pronouncement 15/07/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: These Three Appeals Are Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-8, Ahmedabad, (In Short The ‘Cit(A)’), (In Short ‘The Cit(A)’) All Dated 16.03.2020 For The Assessment Year 2014-15, 2015-16 & 2016-17. As The Issues Involved In The Three Appeals Are Common, They Were Heard Together & Are Being Disposed Vide This Common Order.

E R PER SHRI NARENDRA PRASAD SINHA, AM: These three appeals are filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-8, Ahmedabad, (in short the ‘CIT(A)’), (in short ‘the CIT(A)’) all dated 16.03.2020 for the Assessment Year 2014-15, 2015-16 and 2016-17. As the issues involved in the three appeals

KESAR BUILDCON PRIVATE LIMITED,BANASKANTHA vs. THE PCIT, AHMEDABAD-3, AHMEDABAD

Accordingly, we set aside the order passed by the PCIT and restore the assessment order passed by the Assessing Officer. The appeal of the assessee is thus allowed

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2021-2028 Kesar Buildcon Pvt. Ltd. The Ld.Pr.Cit 1St Floor Shri Kesar Cold Vs. Ahmedabad-3 Storage Plot No.B-2 To 9, Rev Survey No.85/2 Paiki Near Hotel Jyoti Vil Banaskantha. Pan : Aabck 4923 E (Applicant) (Responent) : Shri Hem Chhajed, Ar Assessee By : Shri Rignesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 03/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 08/09/2025

22 on 30.10.2018 declaring total income at a loss of Rs. (–) 27,49,550. Subsequently, the case of the assessee was selected for scrutiny assessment under the E-Assessment Scheme, 2020 with the reason “Very Low PBDIT (Profit before Depreciation, Interest and Taxes) as compared to business turnover.” Pursuant thereto, notices under section 143(2) dated

M/S. RY MIDAS ALLUMINIUM PVT. LTD,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(2), AHMEDABAD

Appeals are allowed

Bench: Dr. Arjun Lal Saini & Ms. Madhumita Royassessment Year:2014-15 M/S. Ry Midas Aluminums Pvt. Ltd., Dy.Commissioner Of Income-Tax, Circle-3(1)(2), B-408, 4Th Floor, No.117, Tribhuwan Industrial Estate, Vs Kathwada, Singarwa Road, Kathwada- Pratyaksh Kar Bhavan, 382430, Ahmedabad. Panjarapole, Ambawadi, Pan :Aaecm 8066 F Ahmedabad. (Appllant) (Responent) Assessee By : Shri Vinit Moondra, Ca Revenue By : Shri V. K. Singh, Sr. Dr सुनवाईक"तार"ख/Date Of Hearing : 20/04/2022 घोषणाक"तार"ख/Date Of Pronouncement: 29/06/2022

22)(e ) of the Act. Therefore, respectfully following the judgment of the Hon'ble jurisdictional High Court of Gujarat in the case of Shripad Concrete Pvt. Ltd. (supra), we delete the addition to the tune of Rs.96,47,541/-. Thus, ground no.1 raised by the assessee is allowed. 11. Ground No.2 raised by the assessee relates to addition of Rs.1

THE ACIT,(OSD)CIRCLE-8,, AHMEDABAD vs. TORRENT POWER LTD.,, AHMEDABAD

In the result, the appeal of the Revenue and the Cross-objection of the assessee, both are dismissed

Bench: Shri Sandeep Gosain & Shri Amarjit Singh

e) 4877593 Total expenses disallowable u/s. 14A [(i) +(/)] 30478534 Less: Disallowance actually made [as per order dated 7. 48,77,592 4.10 giving effect to CIT(A) 's order dated 27.01.2010 Total disallowance :: 2,56,00,942 Accordingly a disallowance of Rs. 2,56,00,942/- is made and added back to the total income of the assessee. Reliance

THE ACIT,(OSD)RANGE-1,, AHMEDABAD vs. M/S. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 2(22)(e) of the Act would not arise. Consequently, no question of law arises. Tax appeals are dismissed.” 21. Respectfully following order of the Tribunal in assessee’s own case, we do not find any merit in this appeal. It is rejected. 22. In the next ground of appeal, grievance of the Revenue is that the ld.CIT

DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 2(22)(e) of the Act would not arise. Consequently, no question of law arises. Tax appeals are dismissed.” 21. Respectfully following order of the Tribunal in assessee’s own case, we do not find any merit in this appeal. It is rejected. 22. In the next ground of appeal, grievance of the Revenue is that the ld.CIT

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 2(22)(e) of the Act would not arise. Consequently, no question of law arises. Tax appeals are dismissed.” 21. Respectfully following order of the Tribunal in assessee’s own case, we do not find any merit in this appeal. It is rejected. 22. In the next ground of appeal, grievance of the Revenue is that the ld.CIT

DISHMAN PHARMACEUTICALS & CHEMICALS LIMITED,,AHMEDABAD vs. THE ACIT, (OSD),RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 2(22)(e) of the Act would not arise. Consequently, no question of law arises. Tax appeals are dismissed.” 21. Respectfully following order of the Tribunal in assessee’s own case, we do not find any merit in this appeal. It is rejected. 22. In the next ground of appeal, grievance of the Revenue is that the ld.CIT

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 2(22)(e) of the Act would not arise. Consequently, no question of law arises. Tax appeals are dismissed.” 21. Respectfully following order of the Tribunal in assessee’s own case, we do not find any merit in this appeal. It is rejected. 22. In the next ground of appeal, grievance of the Revenue is that the ld.CIT

SMT. SHARMILA VIKRAM MAHURKAR,,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(1),, BARODA

In the result, appeal filed by the assessee is dismissed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Amarjit Singh, Accountant Memebr

e., prior to filing of return under section 139(1) - Held, yes - Assessee State transport corporation collected a sum being provident fund contribution from its employees - However, it had deposited lesser sum in provident fund account -Assessing Officer disallowed same under section 43B - However, Commissioner (Appeals) deleted disallowance on ground that employees contribution was deposited before filing return - Whether since

M/S. CHECKMATE SERVICES PVT. LTD.,,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

In the result, appeal filed by the assessee is dismissed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Amarjit Singh, Accountant Memebr

e., prior to filing of return under section 139(1) - Held, yes - Assessee State transport corporation collected a sum being provident fund contribution from its employees - However, it had deposited lesser sum in provident fund account -Assessing Officer disallowed same under section 43B - However, Commissioner (Appeals) deleted disallowance on ground that employees contribution was deposited before filing return - Whether since

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

22,165/- minus Rs.3,98,520/- (disallowed by the assessee)], and determined total income at Rs.158,80,43,590/- under normal provision. This disallowance of Rs.1,34,23,645/- was further added to the book profit declared at Rs.166,87,64,960/- under section 115JB for MAT purpose. 10. Aggrieved against these disallowances the assessee filed an appeal before

M/S. PRECIMETAL CAST PVT. LTD.,,KADI vs. THE INCOME TAX OFFICER, WARD-3(1)(4),, AHMEDABAD

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

section 2(22)(e), it is required that the assessee company must be a shareholder in the company from whom the loan or advance has been taken and it does not provide that any shareholder in the assessee company who had taken any loan or advance from another company in which such shareholder is also a shareholder I.T.A No. 3499/Ahd/2015