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)

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. Further, it does not account for the concept of 'real income'. It does not note that under Section 5 of the Act, the question

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)

disallowance to be triggered. 19. In the considered view of the Court, this will be a truncated reading of Section 14 A and Rule 8D particularly when Rule 8D (1) uses the expression 'such previous year'. Further, it does not account for the concept of 'real income'. It does not note that under Section 5 of the Act, the question

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

disallowance under section 14A of the Act could not be made, In the process tribunal relied on the decision of Division Bench of Punjab and Haryana High Court in case of C/TvWinsome Textile Industries Ltd. [2009J 319 ITR 204

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

disallowance under section 14A of the Act could not be made, In the process tribunal relied on the decision of Division Bench of Punjab and Haryana High Court in case of C/TvWinsome Textile Industries Ltd. [2009J 319 ITR 204

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

AMBALAL SARABHAI ENTERPRISES LIMITED,,BARODA vs. THE ACIT.,CIRCLE-1(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHI ENTERPRISES LIMITED,, VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHAI ENTERPRISES LIMITED,, VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHI ENTERPRISES LIMITED,, VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

AMBALAL SARABHAI ENTERPRISES LIMITED,,BARODA vs. THE ACIT.,CIRCLE-1(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

Section 43B(b) should be partly allowed subject to verification by the AO, in line with the Co-ordinate Bench’s consistent approach in the assessee’s own case. 11. The assessee has raised ground relating to disallowance of Rs. 1,02,67,284 u/s 43B on account of employees’ contribution of PF in ITA No. 1290/Ahd/2016 for A.Y. 204

SHALIGRAM INFRA PROJECTS LLP ( LTD. LIABILITY PARTNERSHIP),AHMEDABAD vs. THE JCIT (OSD), CENTRAL CIRCLE-2(2), AHMEDABAD

Appeals are partly allowed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarit(Ss)A No.167/Ahd/2021 Asstt.Year : 2017-18 & Asst.Year : 2018-19 Shaligram Infra Projects Llp Vs. The Jcit (Osd) 4Th Floor, Office No.401-402 Central Cir.2(2) B/H. Dishman House Ahmedabad. Opp: Sankalp Grace Ii, Ambli Ahmedabad. Pan: Acpfs 7047 A It(Ss)A No.194,195 & 196/Ahd/2021 Asstt.Year : 2015-16, 2016-17 & 2017-18 & Asst.Year : 2018-19 The Jcit (Osd) Vs. Shaligram Infra Projects Llp Central Cir.2(2) 4Th Floor, Office No.401-402 Ahmedabad. B/H. Dishman House Opp: Sankalp Grace Ii, Ambli Ahmedabad.

204/- for A.Y. 2016-17 under section 69B cannot be sustained. This ground of the Revenue is dismissed. 13. Ground 8 – Merits of the addition u/s 40A(2)(b): 13.1 During the course of assessment proceedings, the Assessing Officer disallowed

THE DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD vs. SHALIGRAM INFRA PROJECTS LLP , AHMEDABAD

Appeals are partly allowed

disallowance under section 40A(2)(b), and the order\nof the AO deserved to be restored.\n7.\nThe learned Authorised Representative(AR) supported the order of the\nCIT(A) and placed reliance on his detailed findings. It was pointed out that\nthe Assessing Officer had made the impugned additions solely on the basis\nof certain loose papers being page nos.58

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

THE DCIT, CIRCLE-4(1)(2), AHMEDABAD vs. TROIKAA PHARMACEUTICALS LTD, AHMEDABAD

In the result, the CO filed by the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos. 939 & 1129/Ahd/2019 With C.O.Nos.169 & 181/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., Troikaa Pharmaceuticals Ltd., Circle-4(1)(2), Vs. Commerce House-I, Ahmedabad. Opp. Rajvansh Apartment, Judges Bunglow Road, Ahmedabad-380054. Pan: Aabct0228K

section 37(1) of the Income Tax Act being an expense prohibited by the law. This disallowance shall be made in the hands of such pharmaceutical or allied health sector Industries or other assessee which has provided aforesaid freebees and claimed it as a deductible expense in its accounts against income. 4. It is also clarified that the sum equivalent

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD vs. TROIKAA PHARMACEUTICLAS LIMITED,, AHMEDABAD

In the result, the CO filed by the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita Nos. 939 & 1129/Ahd/2019 With C.O.Nos.169 & 181/Ahd/2019 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., Troikaa Pharmaceuticals Ltd., Circle-4(1)(2), Vs. Commerce House-I, Ahmedabad. Opp. Rajvansh Apartment, Judges Bunglow Road, Ahmedabad-380054. Pan: Aabct0228K

section 37(1) of the Income Tax Act being an expense prohibited by the law. This disallowance shall be made in the hands of such pharmaceutical or allied health sector Industries or other assessee which has provided aforesaid freebees and claimed it as a deductible expense in its accounts against income. 4. It is also clarified that the sum equivalent