THY ACIT, CIRCLE-2(1)(2), , AHMEDABAD vs. M & B ENGINEERING LIMITED,, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad

1)(i) of Income Tax Act. 2.16. Regarding the issue of obtaining no deduction certificate under section 195 it is seen that for the applicability of the provisions of this section, the sum must be chargeable under the provisions of the income tax Act. Section 195 provides for deduction of tax by the person responsible for paying

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

section 36(1)(iii) are clearly applicable even in respect of the extension of the existing business and hence appellant's contention is not accepted, in view of the aforesaid discussion, the disallowance of interest claim made by the AO is found correct and justified and hence the same is confirmed. Thus the ground of appeal is dismissed

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

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

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

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(1), VADODARA, RACE COURSE vs. UNIMED TECHNOLOGIES LIMITED, HALOL

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokar

254 (SC)]. Adding the above to the assessee's own suo motu capitalisation of Rs.20,71,664/-, the AO held that the total capital loss on account of foreign currency fluctuation and related bank charges amounted to Rs.3,17,88,107/-. The AO disallowed the same as inadmissible under section 37(1

UNIMED TECHNOLOGIES LIMITED,PANCHMAHAL vs. THE ACIT, CIRCLE-2(1)(1), VADODARA

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2016-17 Unimed Technologies Limited Acit, Cir.2(1)(1) Survey No.22 & 22, Vs. Vadodara. Baska, Ujeti Halol Panchmahal Pan : Aaace 4022 B Asstt.Year : 2016-17 Acit, Cir.2(1)(1) Unimed Technologies Limited Vadodara. Vs. Survey No.22 & 22, Baska, Ujeti Halol Panchmahal Pan : Aaace 4022 B (Applicant) (Responent) : Shri Bandish Soparkar, Ar Assessee By : Shri Sher Singh, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 17/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 24/07/2025 आदेश आदेश/O R D E R आदेश आदेश

254 (SC)]. Adding the above to the assessee’s own suo motu capitalisation of Rs.20,71,664/-, the AO held that the total capital loss on account of foreign currency fluctuation and related bank charges amounted to Rs.3,17,88,107/-. The AO disallowed the same as inadmissible under section 37(1

M/S. M M VORA AUTOMOBILES PVT. LTD.,VADODARA vs. THE DCIT, CPC , BANGLORE

In the result, the appeal of the assessee is dismissed

Bench: Hearing Of The Appeal.”

disallowance made u/s.143(1) by CPC on account of appellant's failure to pay the employee's contribution of PF/ESI within the prescribed due dates as per section 36(1)(va) is strictly in accordance with law and clearly comes under the prima I.T.A No. 100/Ahd/2022 A.Y. 2017-18 Page No. 7 M/s. MM Vora Automobiles

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

section 143(3) of the Income Tax Act, 1961 ("the Act" for short) relating to the assessment year 2014-15. 2. The assessee has raised five grounds in its appeal, which read as under: “1. That on facts and in law, the learned CIT (A) has grievously erred in confirming the disallowance of commission paid to non-resident of Rs.18

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. M & B ENGINEERING LIMITED,, AHMEDABAD

In the result, the revenue’s appeal is thus dismissed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

1)(i) of Income Tax Act. 2.16. Regarding the issue of obtaining no deduction certificate under section 195 it is seen that for the applicability of the provisions of this section, the sum must be chargeable under the provisions of the income tax Act. Section 195 provides for deduction of tax by the person responsible for paying

AXIS BANK LIMITED,AHMEDABAD vs. THE ACIT., CIRCLE-1(1)(1),, AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

1. Disallowance in relation to administrative expenses under Section 14A read with Rule 8D of the Income-tax Act, 1961 (Tax effect- Rs. 65,88,045) 1.1 The learned AO and Hon'ble CIT(A) erred in disallowing the administrative expense under Section 14A r.w. Rule 8D(2)(iii) over and above the suo-moto disallowance of administrative expenses

AXIS BANK LIMITED,AHMEDABAD vs. THE ACIT., CIRCLE-1(1)(1),, AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

1. Disallowance in relation to administrative expenses under Section 14A read with Rule 8D of the Income-tax Act, 1961 (Tax effect- Rs. 65,88,045) 1.1 The learned AO and Hon'ble CIT(A) erred in disallowing the administrative expense under Section 14A r.w. Rule 8D(2)(iii) over and above the suo-moto disallowance of administrative expenses

ACIT, CIRCLE-1(1)(1), AHMEDABAD, VEJALPUR vs. AXIS BANK LTD, ELISBRIDGE

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

1. Disallowance in relation to administrative expenses under Section 14A read with Rule 8D of the Income-tax Act, 1961 (Tax effect- Rs. 65,88,045) 1.1 The learned AO and Hon'ble CIT(A) erred in disallowing the administrative expense under Section 14A r.w. Rule 8D(2)(iii) over and above the suo-moto disallowance of administrative expenses

ACIT, CIRCLE-1(1)(1), AHMEDABAD, VEJALPUR vs. AXIS BANK LIMITED, ELLISBRIDGE

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

1. Disallowance in relation to administrative expenses under Section 14A read with Rule 8D of the Income-tax Act, 1961 (Tax effect- Rs. 65,88,045) 1.1 The learned AO and Hon'ble CIT(A) erred in disallowing the administrative expense under Section 14A r.w. Rule 8D(2)(iii) over and above the suo-moto disallowance of administrative expenses

DIVERSIFIED SERVICES,AHMEDABAD vs. THE ITO, WARD-5(2)(3), AHMEDABAD

In the result, the appeal of the assessee is dismissed

disallowance in respect of delay in deposit of Employees Provident Fund contribution is concerned, the courts have been divided on this issue and it was submitted that this is not the case which falls within the purview of subject matter of section 143(1)(a) of the Act. He submitted that in instant facts, the assessee had deposited the employees

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

254 of the paper book: “a) To promote research and development on the impact of the Art of Living techniques on the physical and mental states of people as formulated by Yoga Shiromani Sri Sri Pandit Ravishankar in the realm of Yoga and Meditation. b) To promote a scientific study and research of ancient literature and Yoga. c) To afford

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

254 of the paper book: “a) To promote research and development on the impact of the Art of Living techniques on the physical and mental states of people as formulated by Yoga Shiromani Sri Sri Pandit Ravishankar in the realm of Yoga and Meditation. b) To promote a scientific study and research of ancient literature and Yoga. c) To afford

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

254 of the paper book: “a) To promote research and development on the impact of the Art of Living techniques on the physical and mental states of people as formulated by Yoga Shiromani Sri Sri Pandit Ravishankar in the realm of Yoga and Meditation. b) To promote a scientific study and research of ancient literature and Yoga. c) To afford

THE ACIT, (EXEMPTION) CIRCLE-1, AHMEDABAD vs. VYAKTI VIKAS KENDRA INDIA, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

254 of the paper book: “a) To promote research and development on the impact of the Art of Living techniques on the physical and mental states of people as formulated by Yoga Shiromani Sri Sri Pandit Ravishankar in the realm of Yoga and Meditation. b) To promote a scientific study and research of ancient literature and Yoga. c) To afford

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

1,00,000/-The balance disallowance of Rs,.13,00,410/- is directed to be deleted. 22. Ground of Appeal no.3 is partly allowed. 23. Ground no. 4 raised by the assessee reads as under: 4. Ld. CIT (A) has erred in law and on facts in confirming disallowance of Rs. 16, 26, 668/- made by AO on account