M/S. NIRMA CREDIT & CAPITAL P. LTD.,,AHMEDABAD vs. THE ITO, WARD-3(1)(1),, AHMEDABAD

In the result the assessee’s appeal is partly allowed

Bench: Itat, Ahmedabad Regarding Disallowances Made Under Section 14A Of The Act. The Itat Vide Order Dated 15-03-2003 Allowed Substantial Relief To The Assessee & Restored The Matter Back To The File Of The Assessing Officer With The Following Observations:

disallowance could be made under section 14A where assessee's interest-free funds far exceeded its interest-free investments. In the case of Gujarat Narmada Valley Fertilizers Co. Ltd [2014] 42 taxmann.com 270

ITO, WARD-1, PALANPUR, PALANPUR vs. GELOT AGRI EXPORTS, PALANPUR

The appeal of the assessee is allowed, while that of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year : 2018-19 Ito, Ward-1 Vs. Gelot Agri Exports Palanpur, Banaskantha At 13, Aditya Complex Gujarat. Opp: Jalaram Temple Deesa 385 535. Pan : Aapfg 5455 N Assessment Year : 2018-19 Gelot Agri Exports Vs. Ito, Ward-1 At 13, Aditya Complex Palanpur, Banaskantha Opp: Jalaram Temple Gujarat. Deesa 385 535. Pan : Aapfg 5455 N

disallowances of expenses on which the assessee had failed to deduct TDS ,in terms of provisions of section 40(a)(ia) of the Act. The assessee was noted to have made payment amounting to Rs.15,09,50,972/- without deducting TDS, and therefore, applying provisions of section 40(a)(ia) of the Act, 30% of the said amount of Rs.15.09

GELOT AGRI EXPORTS,DEESA vs. ITO WD 1 PALANPUR, BANASKANTHA

The appeal of the assessee is allowed, while that of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year : 2018-19 Ito, Ward-1 Vs. Gelot Agri Exports Palanpur, Banaskantha At 13, Aditya Complex Gujarat. Opp: Jalaram Temple Deesa 385 535. Pan : Aapfg 5455 N Assessment Year : 2018-19 Gelot Agri Exports Vs. Ito, Ward-1 At 13, Aditya Complex Palanpur, Banaskantha Opp: Jalaram Temple Gujarat. Deesa 385 535. Pan : Aapfg 5455 N

disallowances of expenses on which the assessee had failed to deduct TDS ,in terms of provisions of section 40(a)(ia) of the Act. The assessee was noted to have made payment amounting to Rs.15,09,50,972/- without deducting TDS, and therefore, applying provisions of section 40(a)(ia) of the Act, 30% of the said amount of Rs.15.09

DEEP INDUSTRIES LTD.,,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,(OSD),, AHMEDABAD

In the result the assessee’s appeal is partly allowed

disallowance could be made under section 14A where assessee's interest-free funds far exceeded its interest-free investments. In the case of Gujarat Narmada Valley Fertilizers Co. Ltd[2014] 42 taxmann.com 270

THE DY.CIT, CENTRAL CIRCLE-1, VADODARA vs. PAWAN EDIFICE PVT. LTD., VADODARA

Appeals are partly allowed for\nstatistical reasons

disallowance of Rs.9,01,100/-. We, therefore, uphold the order of the\nCIT(A) and dismiss the Revenue's grounds.\nIssue - 8 - Addition on account of Trade Payable of Rs.1,49,349/- in A.Y.\n2013-14\n85.\nThe addition of Rs.1,49,349/- has been made by the Assessing Officer\nunder section 68 of the Act on the ground that

GUJARAT FLUROCHEMICALS LIMITED.,,VADODARA vs. THE ACIT, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

disallowed under Section 14A of the Act cannot be added to arrive at book profit for purposes of Section 115JB of the Act. The Revenue’s Appeal against the order of the Tribunal in M/s. Essar Teleholdings (supra) was dismissed by this Court in Income Tax Appeal No.438 of 2012 rendered on 7th August, 2014. In view of the above

GUJARAT FLUOROCHEMICALS LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

disallowed under Section 14A of the Act cannot be added to arrive at book profit for purposes of Section 115JB of the Act. The Revenue’s Appeal against the order of the Tribunal in M/s. Essar Teleholdings (supra) was dismissed by this Court in Income Tax Appeal No.438 of 2012 rendered on 7th August, 2014. In view of the above

GUJARAT FLUROCHEMICALS LIMITED,,BARODA vs. THE ADDL. CIT, RANGE-1,, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

GUJARAT FLUOROCHEMEICALS LTD,,BARODA vs. THE DY.CIT.,CIRCLE-1(1)(1),, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

THA ADDL. CIT, RANGE-1,, BARODA vs. M/S. GUJARAT FLUROCHEMICALS LIMITED.,, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

GUJARAT FLUROCHEMICALS LTD.,,BARODA vs. THE DY.CIT.,CIRCLE-1(1),, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

GUJARAT FLUROCHEMICALS LIMITED,,BARODA vs. THE DY.CIT, CIRCLE-1(1),, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

THE DCIT, CIRCLE-1(1),, BARODA vs. GUJARAT FLUROCHEMICALS LTD.,, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

THE ADDL.CIT, RANGE-1, BARODA vs. GUJARAT FLUOROCHEMEICALS LTD, BARODA

Appeals of the Revenue are dismissed, whereas appeals of the assessee are partly allowed for statistical purpose

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr. No.

270/-; Rs.10,87,365; Rs.15,453/-; Rs.6100/-; Rs.2,00,000/- and Rs.1,94,282/- in the Asstt.Years 2005-06 to 2010-11 respectively. 9. Assessee has debited above expenditure in respective assessment years in its profit & loss account as contribution to Refrigerant Gas Manufacturer Association. The ld.AO confronted the assessee to show reasons, as to why these expenses should

CADILA HEALTHCARE LTD.,AHMEDABAD vs. DCIT, CIRCLE-1(1)(2), AHMEDABAD

Appeal are dismissed as not pressed

disallowance under section 35(2AB) of the Act. The Mumbai ITAT in the above case made the following observations: “9. The operative phrase here is "on in-house research and development facility as approved by the prescribed authority …….", the word "facility" has been hereby show us to emphasis the point that it is the unit which requires approval

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

disallowance in absence of non establishment of any nexus between R&D facilities and other units. We find that the authorities below have nowhere arrived at such a nexus in instant case as well. We therefore delete the impugned allocation by adopting the above discussed reasoning. The assesses succeeds in its substantive ground," 6.6 In view of the aforestated facts

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

disallowance in absence of non establishment of any nexus between R&D facilities and other units. We find that the authorities below have nowhere arrived at such a nexus in instant case as well. We therefore delete the impugned allocation by adopting the above discussed reasoning. The assesses succeeds in its substantive ground," 6.6 In view of the aforestated facts

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

section 115JB of the Act. Hence, the ground no.4 of the assessee company is hereby allowed. 12. Ground No. 5 of the Appeal relates to disallowance of Stamp Duty charges of Rs.28,00,000/- being capital in nature on the share expenses pursuant to the terms of Court sanctioned Scheme of Arrangement. The Ld AO at para