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

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

Appeals are partly allowed

6 – Applicability of section 153A vis-à-\nvis section 153C and scope of incriminating material\n9.1 It is an undisputed fact that the assessee was subjected to search\nunder section 132 of the Act. In terms of section 153A(1), where a search is\ninitiated under section 132, the Assessing Officer is required to issue notice\nto the person searched

NIRMA CHEMICALS WORKS PVT.LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-5,, AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

220/-. The AO also found that the assessee is also incurring huge interest expenditure. The assessee vide submission dated 11-02-2010 claimed that it has already disallowed an amount of Rs. 44 Lacs under section 14A of the Act. 61.1 However the AO worked the amount of disallowances under section

THE ACIT, CIRCLE-5,, AHMEDABAD vs. NIRMA CHEMICALS WORKS PVT.LTD., AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

220/-. The AO also found that the assessee is also incurring huge interest expenditure. The assessee vide submission dated 11-02-2010 claimed that it has already disallowed an amount of Rs. 44 Lacs under section 14A of the Act. 61.1 However the AO worked the amount of disallowances under section

THE ACIT, CIRCLE-5,, AHMEDABAD vs. NIRMA CHEMICALS WORKS PVT.LTD., AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

220/-. The AO also found that the assessee is also incurring huge interest expenditure. The assessee vide submission dated 11-02-2010 claimed that it has already disallowed an amount of Rs. 44 Lacs under section 14A of the Act. 61.1 However the AO worked the amount of disallowances under section

THE ACIT, CIRCLE-5,, AHMEDABAD vs. NIRMA CHEMICALS WORKS PVT.LTD., AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

220/-. The AO also found that the assessee is also incurring huge interest expenditure. The assessee vide submission dated 11-02-2010 claimed that it has already disallowed an amount of Rs. 44 Lacs under section 14A of the Act. 61.1 However the AO worked the amount of disallowances under section

NIRMA CHEMICALS WORKS PVT.LTD.,AHMEDABAD vs. THE DY.CIT.,CIRCLE-5,, AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

220/-. The AO also found that the assessee is also incurring huge interest expenditure. The assessee vide submission dated 11-02-2010 claimed that it has already disallowed an amount of Rs. 44 Lacs under section 14A of the Act. 61.1 However the AO worked the amount of disallowances under section

NIRMA CHEMICAL WORKS PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-5,, AHMEDABAD

In the result appeal of the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

220/-. The AO also found that the assessee is also incurring huge interest expenditure. The assessee vide submission dated 11-02-2010 claimed that it has already disallowed an amount of Rs. 44 Lacs under section 14A of the Act. 61.1 However the AO worked the amount of disallowances under section

SAHAJANAND LASER TECHNOLOGY LTD.,,GANDHINAGAR vs. THE ITO, WARD-4(1)(1),, AHMEDABAD

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

220 u/s.43B 12 Disallowance of interest towards China 10,37,451 Project 13 Disallowance of prepaid Insurance 2,39,630/- 14 Disallowance u/s.40A(2)(b) of the Act. 20,26,491/- 15 Disallowance u/s.14A of the Act 3,89,204/- 16 Disallowance of wrong claim of rent 13,47,000 expenses 17 Disallowance of interest

THE DY. CIT, CIRCLE-8,, AHMEDABAD vs. SAHAJANAND LASER TECHNOLOGY LIMITED, GANDHINAGAR

In the result, appeal of the Revenue is dismissed and appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

220 u/s.43B 12 Disallowance of interest towards China 10,37,451 Project 13 Disallowance of prepaid Insurance 2,39,630/- 14 Disallowance u/s.40A(2)(b) of the Act. 20,26,491/- 15 Disallowance u/s.14A of the Act 3,89,204/- 16 Disallowance of wrong claim of rent 13,47,000 expenses 17 Disallowance of interest

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

section (5) of Section 80-IA. In this case, the question that arose for consideration ITA.Nos.1285/Ahd/2017 & 7 others A.Y.2009-10 38 before this Court related to computation of the profits for the purpose of deduction under section 80-E, as it then existed, after setting off the loss incurred by the assessee in the manufacture of alloy steels. Section

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DELHI (PRESENT JURISDICTION - THE DY. CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

6. The Department have raised in the following Grounds of Appeal for Assessment Year 2018-19 (ITA 847/Ahd/2025): “1. The Ld. CIT(A) has erred in deleting addition made of Rs. 9,35,31,350/-being provision for allocation of Employee expenses to Guwahati Unit done by the assessee, without appreciating the facts of the case. 2. The Ld.CIT

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DELHI (PRESENT JURISDICTION- THE DY. CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

6. The Department have raised in the following Grounds of Appeal for Assessment Year 2018-19 (ITA 847/Ahd/2025): “1. The Ld. CIT(A) has erred in deleting addition made of Rs. 9,35,31,350/-being provision for allocation of Employee expenses to Guwahati Unit done by the assessee, without appreciating the facts of the case. 2. The Ld.CIT

DCIE CIRCLE-2(1)(1), AHEMDABAD, VEJALPUR vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT, BODAKDEV AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

6. The Department have raised in the following Grounds of Appeal for Assessment Year 2018-19 (ITA 847/Ahd/2025): “1. The Ld. CIT(A) has erred in deleting addition made of Rs. 9,35,31,350/-being provision for allocation of Employee expenses to Guwahati Unit done by the assessee, without appreciating the facts of the case. 2. The Ld.CIT

DCIT CIRCLE-2(1)(1), AHMEDABAD, VEJALPUR vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT, BODAKDEV AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

6. The Department have raised in the following Grounds of Appeal for Assessment Year 2018-19 (ITA 847/Ahd/2025): “1. The Ld. CIT(A) has erred in deleting addition made of Rs. 9,35,31,350/-being provision for allocation of Employee expenses to Guwahati Unit done by the assessee, without appreciating the facts of the case. 2. The Ld.CIT

DCIT, CIRCLE-2(1)(1) AHMEDABAD, AHMEDABAD vs. ERIS LIFESCIENCE LIMITED SHIVARTH AMBIT, AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

6. The Department have raised in the following Grounds of Appeal for Assessment Year 2018-19 (ITA 847/Ahd/2025): “1. The Ld. CIT(A) has erred in deleting addition made of Rs. 9,35,31,350/-being provision for allocation of Employee expenses to Guwahati Unit done by the assessee, without appreciating the facts of the case. 2. The Ld.CIT

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DEHI (PRESENT JURISDICTION- THE DY.CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

6. The Department have raised in the following Grounds of Appeal for Assessment Year 2018-19 (ITA 847/Ahd/2025): “1. The Ld. CIT(A) has erred in deleting addition made of Rs. 9,35,31,350/-being provision for allocation of Employee expenses to Guwahati Unit done by the assessee, without appreciating the facts of the case. 2. The Ld.CIT

M/S. HAVMOR ICE CREAM LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Shri Pramod M. Jagtap & Shri T.R. Senthil Kumarassessment Year : 2013-14 M/S. Havmor Ice Cream Limited The Deputy Commissioner Of 2Nd Floor, Commerce House Iv Vs Income-Tax, Besides Shell Petrol Pump Circle-2(1)(1), Prahladnagar, Ahmedabad Ahmedabad Pan : Aabch 6766 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Dhinal Shah, Ca Revenue By : Shri V.K. Singh, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25/03/2022 घोषणा क" तार"ख /Date Of Pronouncement: 30/03/2022 आदेश/O R D E R Per Pramod M. Jagtap, Vice-This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-2, Ahmedabad [Cit(A)] Dated 12.10.2017 & The Solitary Issue Relating To Disallowance Of Rs.15,52,172/- On Account Of Interest As Made By The Assessing Officer & Confirmed By The Ld.Cit(A) Is Raised Therein By Way Of The Following Original Grounds:- “Ground No.1 – Disallowance Of Rs.15,52,172/- Under Section 36(1)(Iii) Towards Capital Work In Progress (“Cwip”) 1. Based On The Facts & Circumstances Of The Case & In Law, The Learned Cit(A) Has Erred In Making Disallowance Of Interest Of Rs.15,52,172/- Under Section 36(1)(Iii) Of The Act On Account Of Expenditure Incurred By The Appellant On Cwip. 2. On The Facts & In The Circumstances Of The Case & In Law, The Learned Cit(A) Erred In Considering The Facts That Expenditure Incurred On Cwip Ay 2013-14 Havmor Ice Cream Ltd. Vs. Dcit 2

6. The Ld.DR, on the other hand, has contended that the Tribunal in assessee’s own case for the immediately preceding year has upheld the decision of lower authorities in capitalizing the interest attributable to the acquisition of interest as reflected in CWIP by relying on the proviso to section 36(1)(iii) of the Act after having found that