VISHAL BALVANTRAI AGARWAL,AHMEDABAD vs. THE PR. COMMISSIONER OF INCOME TAX, AHMEDABAD -1, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.226/Ahd/2023 िनधा"रण वष" /Assessment Year : 2018-19 Vishal Balvantrai Agarwal The Pr.Cit बनाम/ 249 New Cloth Market Ahmedabad-1 V/S. O/S. Raipur Gate Ahmedabad – 380 002 (Gujarat) "थायी लेखा सं./Pan: Adbpa 4462 G (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Divyakant Parikh, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2024 घोषणा की तारीख /Date Of Pronouncement: 25/09/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am:

disallowance under Section 14A read with Rule 8D reflects a mere difference of opinion rather than pointing to any procedural or legal error and the AO’s decision not to expand the scrutiny was correct and in line with the scope of limited scrutiny assessments. 5. On the other hand, the Departmental Representative (DR) relied on the order of PCIT

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

In the result, the appeal filed by the assessee is partly allowed and the appeal filed by the Revenue is dismissed

section 14A of the Act. But, it is necessary for the AO to record the dissatisfaction after referring the books of accounts of the assessee. There can be a situation where the disallowance to be made under the provisions of rule 8D of Income Tax Rule is greater or exorbitant than the actual expenses claimed by the assessee

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

In the result, the appeal filed by the assessee is partly allowed and the appeal filed by the Revenue is dismissed

section 14A of the Act. But, it is necessary for the AO to record the dissatisfaction after referring the books of accounts of the assessee. There can be a situation where the disallowance to be made under the provisions of rule 8D of Income Tax Rule is greater or exorbitant than the actual expenses claimed by the assessee

JAIPRAKASH CHOUDHARY,VADODARA vs. THE DCIT, CIRCLE-1(1)(1), VADODARA

In the result, the appeal filed by the Assessee is hereby dismissed

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

section 143(1)(a) by means of disallowance made for late deposit of employees' share to relevant funds beyond date prescribed under respective Acts was proper. 6.4 In view of the above observations respectfully following the decision of the Honourable Supreme Court in the case of Checkmate Services Private Ltd supra and Harrisons Malayalam Ltd supra and in the light

JAI PRAKASH CHOUDHARY,VADODARA vs. THE ADIT CPC, BENGLURU

In the result, the appeal filed by the Assessee is hereby dismissed

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

section 143(1)(a) by means of disallowance made for late deposit of employees' share to relevant funds beyond date prescribed under respective Acts was proper. 6.4 In view of the above observations respectfully following the decision of the Honourable Supreme Court in the case of Checkmate Services Private Ltd supra and Harrisons Malayalam Ltd supra and in the light

JAI PRAKASH CHOUDHARY,VADODARA vs. THE ADIT CPC, BENGLURU

In the result, the appeal filed by the Assessee is hereby dismissed

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

section 143(1)(a) by means of disallowance made for late deposit of employees' share to relevant funds beyond date prescribed under respective Acts was proper. 6.4 In view of the above observations respectfully following the decision of the Honourable Supreme Court in the case of Checkmate Services Private Ltd supra and Harrisons Malayalam Ltd supra and in the light

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

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

Section 92(1) provides that, "(a)ny income arising from an international transaction shall be computed having regard to the arm's length price". In order to attract the arm's length price adjustment, therefore, a transaction has to be an 'international transaction' first. The expression 'international transaction' is a defined expression. Section 92 B defines the expression 'international transaction

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,

Section 92(1) provides that, "(a)ny income arising from an international transaction shall be computed having regard to the arm's length price". In order to attract the arm's length price adjustment, therefore, a transaction has to be an 'international transaction' first. The expression 'international transaction' is a defined expression. Section 92 B defines the expression 'international transaction

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

disallowance of deduction under section 80-IE of the Act in Sikkim Unit on other incomes. 60. The AO during the assessment proceedings found that the assessee has claimed deduction of profit derived from Sikkim Unit under section 80-IE of the Act. As per the AO, there were certain incomes considered by the assessee eligible for deduction under section

SUN PHARMACEUTICAL INDUSTRIES,MUMBAI vs. JCIT 20(3), MUMBAI

In the result appeal of the Revenue is hereby dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed

section 80IA of the Act on various different grounds. In other words, the AO has relied upon the same set of data/figures as shown by the assessee for making allowances or disallowances. As such, there was no iota of doubt on the genuineness of the other income and the expenses was brought on record by the AO. To our mind

SUN PHARMA LABORATORIES LTD.,,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the Department’s appeal is partly allowed

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

Section 115JB of the Act clearly talks on the Income Tax paid or payable only liable to be included for the purpose of book profit u/s. 115JB of the Act. Thus the addition made by the AO to Wealth Tax paid is liable to be deleted. Ground No.9 raised by the Revenue is devoid of merits and is hereby dismissed

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

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

Section 115JB of the Act clearly talks on the Income Tax paid or payable only liable to be included for the purpose of book profit u/s. 115JB of the Act. Thus the addition made by the AO to Wealth Tax paid is liable to be deleted. Ground No.9 raised by the Revenue is devoid of merits and is hereby dismissed

THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD vs. M/S. PATEL ALLOY STEEL CO. PVT. LTD.,, AHMEDABAD

In the result, the appeal filed by revenue is dismissed

section 143(3) of the Income Tax Act, 1961; in short “the Act”. 2. The revenue has raised following grounds of appeal:- “1. The CIT[A) has erred in law and on facts in deleting the addition of Rs.1,53,66,002/- mode on account of Disallowance of remuneration paid to directors. 2. The CIT[A] has erred

TORRENT POWER LTD.,,AHMEDABAD vs. THE ACIT.,RANGE-8,, AHMEDABAD

In the result cross objection filed by the assessee is partly allowed for statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

disallowing the deduction under section 80-IA of the Act. 69. The learned CIT (A) disregarded the contention of the assessee by observing that the impugned income does not have nexus with the distribution of power activity of the assessee. Thus the learned CIT (A) upheld the finding of the AO. 70. Being aggrieved by the order of the learned

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. LAMBDA THERAPEUTIC RESEARCH LTD.,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 14A read with rule 8D of Income Tax Rule. ITA No.3492/Ahd/2015 and 5 others A.Y. 2010-11 44 65. The AO during the assessment proceedings found that the assessee has made huge investments amounting to "59,11,96,725/- which will generate the exempted income. Accordingly, the AO was of the view that the disallowance under section 14A read

DY.COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. LAMDA THERAPEUTIC RESEARCH LTD.,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 14A read with rule 8D of Income Tax Rule. ITA No.3492/Ahd/2015 and 5 others A.Y. 2010-11 44 65. The AO during the assessment proceedings found that the assessee has made huge investments amounting to "59,11,96,725/- which will generate the exempted income. Accordingly, the AO was of the view that the disallowance under section 14A read

LAMBDA THERAPEUTIC RESEARCH LIMITED,,AHMEDABAD vs. THE JT. CIT, RANGE-4,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 14A read with rule 8D of Income Tax Rule. ITA No.3492/Ahd/2015 and 5 others A.Y. 2010-11 44 65. The AO during the assessment proceedings found that the assessee has made huge investments amounting to "59,11,96,725/- which will generate the exempted income. Accordingly, the AO was of the view that the disallowance under section 14A read

LAMBDA THERAPEUTIC RESEARCH LTD.,,AHMEDABAD vs. DCIT CIRCLE-2(1) (2),, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 14A read with rule 8D of Income Tax Rule. ITA No.3492/Ahd/2015 and 5 others A.Y. 2010-11 44 65. The AO during the assessment proceedings found that the assessee has made huge investments amounting to "59,11,96,725/- which will generate the exempted income. Accordingly, the AO was of the view that the disallowance under section 14A read