THE DCITANAND CIRCLE,, ANAND vs. ELECON ENGINEERING CO.LTD.,, ANAND

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Roysr.No.

1. On the facts and in the circumstances of the case, the learned CIT(A) erred in deleting the disallowance of Rs. 2,75,86,377/- made u/s. 40(a)(ia) of Page 20 of 25 ITA nos.1385/AHD/2013 and others Asstt. Years 2006-07 and others 21 the Act, in respect of payments made for reimbursement of expenses to clearing

THE DCITANAND CIRCLE,, ANAND vs. ELECON ENGINEERING CO.LTD.,, ANAND

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Roysr.No.

1. On the facts and in the circumstances of the case, the learned CIT(A) erred in deleting the disallowance of Rs. 2,75,86,377/- made u/s. 40(a)(ia) of Page 20 of 25 ITA nos.1385/AHD/2013 and others Asstt. Years 2006-07 and others 21 the Act, in respect of payments made for reimbursement of expenses to clearing

THE DY. CIT, CIRCLE-1(3),, BARODA vs. M/S. FINE LINE CIRCUIT COMPANY,, VADODARA

In the result, the appeal of the revenue is dismissed

section 268A of the Income Tax Act, we are of the view that the present appeal of the Revenue deserves to be dismissed. It is accordingly dismissed. 7. In addition to it on merit also, the assessee has clearly disclosed all the particulars in respect of their claim of deduction u/s. 10B of the act of deemed sale vide note

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE ACIT, CIRCLE-4,, BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

1)(c) of the Income Tax Act, 1961. 4. Before taking up the above appeals of the Revenue, the ld.counsel for the assessee vehemently contested maintainability of the above three appeals filed by the Revenue before the Tribunal in view of recent CBDT circular no.3 of 2018 whereby the Board has instructed the Revenue not to file appeal before

THE ACIT, CIRCLE-4,, BARODA vs. M/S. WELSPUN PROJECTS LTD.,(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.,), BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

1)(c) of the Income Tax Act, 1961. 4. Before taking up the above appeals of the Revenue, the ld.counsel for the assessee vehemently contested maintainability of the above three appeals filed by the Revenue before the Tribunal in view of recent CBDT circular no.3 of 2018 whereby the Board has instructed the Revenue not to file appeal before

THE ACIT, CIRCLE-4,, BARODA vs. M/S. WELSPUN PROJECTS LTD.,(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.,), BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

1)(c) of the Income Tax Act, 1961. 4. Before taking up the above appeals of the Revenue, the ld.counsel for the assessee vehemently contested maintainability of the above three appeals filed by the Revenue before the Tribunal in view of recent CBDT circular no.3 of 2018 whereby the Board has instructed the Revenue not to file appeal before

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE DY.CIT, CIRCLE-4,, BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

1)(c) of the Income Tax Act, 1961. 4. Before taking up the above appeals of the Revenue, the ld.counsel for the assessee vehemently contested maintainability of the above three appeals filed by the Revenue before the Tribunal in view of recent CBDT circular no.3 of 2018 whereby the Board has instructed the Revenue not to file appeal before

THE ACIT, CIRCLE-4,, BARODA vs. M/S. WELSPUN PROJECTS LTD.,(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.,), BARODA

In the result, appeals of Revenue are dismissed, whereas quantum appeal of the assessee in ITA No

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.2484 & 2485/Ahd/2014 "नधा"रण वष"/Asstt. Year: 2000-2001 Welspun Projects Ltd. (Formerly Vs. Acit, Cir.4 Known As Msk Projects Baroda. 707-708, Sterling Centre R.C.Dutta Road, Baroda 390 005. Pan : Aabcm 4107 C

1)(c) of the Income Tax Act, 1961. 4. Before taking up the above appeals of the Revenue, the ld.counsel for the assessee vehemently contested maintainability of the above three appeals filed by the Revenue before the Tribunal in view of recent CBDT circular no.3 of 2018 whereby the Board has instructed the Revenue not to file appeal before

THE DCIT, CIRCLE-2(1), NOW CIRCLE-1(2),, BARODA vs. SMT. INDRAMATI C. PANDEY WIDOW & L/H OF LATE CHANDRABHAN R. PANDEY,, BARODA

In the result, ITA No.2142/Ahd/2015 and CO No

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

268A of the Income Tax Act, we are of the view that the present appeal of the Revenue deserves to be dismissed. It is dismissed. However, it is observed that in case on re-verification at the end of the AO it can be demonstrated that the tax effect is more, or Revenue’s case falls within the ambit

SMT. INDUMATI C. PANDEY L/H OF LATE CHANDRABHAN R. PANDEY,,AHMEDABAD vs. THE DY. CIT, CIRCLE-2(1),, BARODA

In the result, ITA No.2142/Ahd/2015 and CO No

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

268A of the Income Tax Act, we are of the view that the present appeal of the Revenue deserves to be dismissed. It is dismissed. However, it is observed that in case on re-verification at the end of the AO it can be demonstrated that the tax effect is more, or Revenue’s case falls within the ambit

SAGAR AGENCIES PVT.LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-8,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.1777/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 Sagar Agencies Pvt. Ltd., D.C.I.T, 803 Sahjanand Complex, Circle-8, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P आयकर अपील सं./Ita No.1832/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T, Sagar Agencies Pvt. Ltd., Circle-4(1)(1), 803 Sahjanand Complex, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P

1. Whether the Ld. Commissioner of Incom-Tax (Appeals) is right in law and on facts in allowing disallowance in respect of amortization of lease rent. 2. Whether the Ld. Commissioner of Incom-Tax (Appeals) is right in law and on facts in deleting the disallowance of depreciation on Wind Mill. 3. Whether the Ld. Commissioner of Incom-Tax (Appeals

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(1),, AHMEDABAD vs. SAGAR AGENCIES PVT.LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.1777/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 Sagar Agencies Pvt. Ltd., D.C.I.T, 803 Sahjanand Complex, Circle-8, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P आयकर अपील सं./Ita No.1832/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T, Sagar Agencies Pvt. Ltd., Circle-4(1)(1), 803 Sahjanand Complex, Vs. Shahi Baug, Ahmedabad. Ahmedabad-380004. Pan: Aadcs0473P

1. Whether the Ld. Commissioner of Incom-Tax (Appeals) is right in law and on facts in allowing disallowance in respect of amortization of lease rent. 2. Whether the Ld. Commissioner of Incom-Tax (Appeals) is right in law and on facts in deleting the disallowance of depreciation on Wind Mill. 3. Whether the Ld. Commissioner of Incom-Tax (Appeals

AMAZON TEXTILES PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(4),, AHMEDABAD

In the result, the appeal of the Revenue is dismissed due to low tax effect, whereas appeal of the assessee is dismissed due to non- prosecution

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.1406/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2013-2014

1)(iii) made by the AO for Rs.43,52,172/- is restricted at Rs.12,87,357/-. This ground of appeal is partly allowed.” If this Rs.12,87,357/- is reduced from Rs.43,52,172/-, then tax effect on the remaining amount along with deletion of disallowance made under section 14A would be less than Rs.20 lakhs, and the appeal

THE INCOME TAX OFFICER, WARD-1(1)(4),, AHMEDABAD vs. AMAZON TEXTILES PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed due to low tax effect, whereas appeal of the assessee is dismissed due to non- prosecution

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.1406/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2013-2014

1)(iii) made by the AO for Rs.43,52,172/- is restricted at Rs.12,87,357/-. This ground of appeal is partly allowed.” If this Rs.12,87,357/- is reduced from Rs.43,52,172/-, then tax effect on the remaining amount along with deletion of disallowance made under section 14A would be less than Rs.20 lakhs, and the appeal

THE DY. COMMISSIONER OF INCOME TAX, KHEDA CIRCLE,, KHEDA vs. ADF FOODS LTD.,, KHEDA

In the result, appeal of the Revenue is dismissed due to low tax effect

Bench: Shri Rajpal Yadav & Shri Amarjit Singh"नधा"रण वष"/ Asstt.Year: 2013-2014 Dcit, Kheda Circle Adf Foods Ltd Nadiad Vs. 83/6,Gidc Industrial Estate Dist: Kheda 387 002. Kamla Road Nadiad, Dist. Kheda 387 001. Pan : Aacca 2270 K

1), the disallowance made by the Assessing Officer u/s.40(a)(i) of the Act is confirmed. The Assessing Officer is directed to allow consequential relief only to the extent of sales linked variable 3 commission paid by the appellant after necessary verification. Thus, appellant succeeds partly in this regard.” 5. A perusal of the break-up reproduced

ACIT CC 2(3) AHMEDABAD, AHMEDABAD vs. AISHA DHIRAJ GOGIA, AHMEDABAD

In the result: 50. To summarize the final outcome:

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha["ी संजय गग", "ाियक सद" एवं "ी नरे" साद िस!ा, लेखा सद" के सम#।]

disallowance in unabated years, without any specific incriminating material contradicting the documented transactions, is illegal. The AR submitted that it has never been accepted by Shri Shiv Kumar Gogia that these were penny stocks and that the Ld. AO has misunderstood his statement and has wrongly drawn adverse inference against the assessee. He submitted that firstly, there was nothing incriminating

KOMAL TEX FAB PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CENT.CIRCLE-2(4),, AHMEDABAD

In the result, both the appeals of the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./ It(Ss)A No. 140 & 141/Ahd/2013 "नधा"रण वष"/Asstt.Year: 2009-2010 & 2010-11 With Cross Objection No.148/Ahd/2013 In Asstt.Year : 2010-11 Dcit, Cent.Cir.2(4) Komal Tex Fab P.Ltd. Ahmedabad. Vs Survey No.167/1687 Nr. Balaji Textile Narol-Sarkhej Road Ahmedabad 382 405. Pan : Aaack 6150 C आयकर अपील सं./ Ita No. 572/Ahd/2013 "नधा"रण वष"/Assessment Year: 2009-2010 Komal Tex Fab P.Ltd. Dcit, Cent.Cir.2(4) Survey No.167/1687 Vs Ahmedabad. Nr. Balaji Textile Narol-Sarkhej Road Ahmedabad 382 405. Pan : Aaack 6150 C

1. The ld.CIT(A)has erred in law and on facts in deleting the addition of Rs.8,95,670/- made on account of disallowance of cash payment to contractors. 2. The ld.CIT(A)has erred in law and on facts in deleting the addition of Rs.67,08,014/- made on account of shortage of stock of yarn. 3. A perusal

THE ACIT, CIRCLE-11,, AHMEDABAD vs. SHRI PRATAP BHAGWANJI THAKKAR,, AHMEDABAD

In the result the appeal ITA No

section 268A of the Income Tax Act, we are of the view that the present appeal of the Revenue deserves to be dismissed. It is accordingly dismissed. However, it is observed that in case on re-verification at the end of the AO it comes to the notice that the tax effect is more or Revenue’s case falls within