DUSHYANTSINH YADVENDRASINH CHUDASAMA,VADODARA vs. INCOME TAX OFFICER, WARD-1(2)(4), VADODARA

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.353/Ahd/2022 & 354/Ahd/2022 िनधा"रण वष" /Assessment Years : 2014-15 & 2015-16 Respectively Dushyantsinh Yadvendrasinh The Dy.Commissioner Of बनाम/ Chudasama Income Tax V/S. C/O.Anil R. Shah (Ca), Circle -1 (2) Shreeji House, 4Th Floor Vadodara – 390 007 B/H. M.J. Library Ahmedabad - 380 006 "थायी लेखा सं./Pan: Acrpc 1888 M (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Kinjal Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 19 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

disallowance of Rs. 9,234/- was made under Section 40(a)(ia) for non-deduction of TDS on interest expenses

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

In the result, the appeal is allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

234 (Mumbai) - Harshad J.Choksi Vs. CIT, Bombay City- VII [2012] 25 taxmann.com 567 (Bombay HC) 57. On the other hand, the DR placed reliance on the orders of lower authorities. 58. We have considered the contentions of the parties. The CIT(A) concluded that the conditions laid down under Section 36(1)(vii) read with Section 36(2) were

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

In the result, the appeal is allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

234 (Mumbai) - Harshad J.Choksi Vs. CIT, Bombay City- VII [2012] 25 taxmann.com 567 (Bombay HC) 57. On the other hand, the DR placed reliance on the orders of lower authorities. 58. We have considered the contentions of the parties. The CIT(A) concluded that the conditions laid down under Section 36(1)(vii) read with Section 36(2) were

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

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 :

disallowances in earlier years had been deleted by appellate authorities or the Tribunal, making the issue covered in favour of the assessee. 38. The AR, during the course of the hearing, before us stated that the issue was already decided in favour of the assessee in its own case by the Co- ordinate Bench in ITA No. 1762/Ahd/2015

CADILA PHARMACEUTICALS LTD. ,AHMEDABAD vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

In the result, Revenue’s appeal is allowed in part

Bench: Shri TR Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 35(2AB) on gross research and development (R&D) expenditure without reducing contract research income amounting to Rs. 1,20,73,234 from the eligible R&D expenditure.” 4. Ground Number-1: TP adjustment of interest 4.1 The first ground of the assessee is in respect of transfer pricing adjustment towards interest. The assessee has obtained short term loan

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CADILA PHARMACEUTICALS LTD. , AHMEDABAD

In the result, Revenue’s appeal is allowed in part

Bench: Shri TR Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

section 35(2AB) on gross research and development (R&D) expenditure without reducing contract research income amounting to Rs. 1,20,73,234 from the eligible R&D expenditure.” 4. Ground Number-1: TP adjustment of interest 4.1 The first ground of the assessee is in respect of transfer pricing adjustment towards interest. The assessee has obtained short term loan

SCHAEFFLER INDIA LIMITED,VADODARA, GUJARAT vs. ASSISTANT DIRECTOR OF INCOME TAX,CPC, BANGALORE (JAO-DEPUTY COMMISSIONER OF INCOME TAX CIRCLE1(1)(1), VADODARA, GUJARAT

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

section 37 of the Act without satisfying the conditions stipulated under the Act. 4) The learned CIT(A) erred in fact and in law in disallowing Rs. 31,37,991 without disputing the fact that the expense was incurred for the purpose of the business of the Appellant. ITA Nos. 275&299/Ahd/2023 & 692/Ahd/2024 Schaeffler India Ltd. vs. ACIT/ADIT & ACIT

SCHAEFFLER INDIA LTD.(A SUCCESSOR OF LUK INDIA PVT. LTD)),VADODARA vs. THE ACIT, CIRCLE-1(1)(1) (EARLIER ACIT, CIRCLE-1, HOSUR), VADODARA

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

section 37 of the Act without satisfying the conditions stipulated under the Act. 4) The learned CIT(A) erred in fact and in law in disallowing Rs. 31,37,991 without disputing the fact that the expense was incurred for the purpose of the business of the Appellant. ITA Nos. 275&299/Ahd/2023 & 692/Ahd/2024 Schaeffler India Ltd. vs. ACIT/ADIT & ACIT

THE ACIT, CIRCLE-1(1)(1), VADODARA vs. SCHAEFFLER INDIA LTD.( ERSTWHILE LUK INDIA PVT. LTD)), VADODARA

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

section 37 of the Act without satisfying the conditions stipulated under the Act. 4) The learned CIT(A) erred in fact and in law in disallowing Rs. 31,37,991 without disputing the fact that the expense was incurred for the purpose of the business of the Appellant. ITA Nos. 275&299/Ahd/2023 & 692/Ahd/2024 Schaeffler India Ltd. vs. ACIT/ADIT & ACIT

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

In the result, the appeal is allowed for statistical purposes

234 (Mumbai)\nHarshad J.Choksi Vs. CIT, Bombay City- VII [2012] 25 taxmann.com 567\n(Bombay HC)\n57.\nOn the other hand, the DR placed reliance on the orders of lower authorities.\n58.\nWe have considered the contentions of the parties. The CIT(A) concluded that\nthe conditions laid down under Section 36(1)(vii) read with Section 36(2) were

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

In the result, the appeal is allowed for statistical purposes

234 (Mumbai)\nHarshad J.Choksi Vs. CIT, Bombay City- VII [2012] 25 taxmann.com 567\n(Bombay HC)\n57. On the other hand, the DR placed reliance on the orders of lower authorities.\n58. We have considered the contentions of the parties. The CIT(A) concluded that\nthe conditions laid down under Section 36(1)(vii) read with Section 36(2) were