DCIT, CIRCLE-1(1)(1),, AHMEDABAD vs. ADANI ENTERPRISES LTD., AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Year : 2009-10 Dcit, M/S. Adani Enterprises Ltd., Circle 1(1)(1), Vs Adani House, Nr. Mithakhali Ahmedabad Six Roads, Navrangpura, Ahmedabad - 380009 Pan : Aabca 2804 L अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri Mohd. Usman, Cit-Dr Assessee By : Shri Vartik Choksi, Ar & Shri Biren Shah, Ar सुनवाई क" तार"ख/Date Of Hearing : 11/05/2022 घोषणा क" तार"ख /Date Of Pronouncement: 31/05/2022

disallowances made by the Assessing Officer and while disposing of the said appeal vide an order dated 08.10.2014, the leaned CIT(A) allowed part relief to the assessee thereby sustaining/confirming certain additions/disallowances made by the Assessing Officer. After the disposal of the quantum appeal by the learned CIT(A), a fresh notice under Section 274

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

Appeals are partly allowed for\nstatistical reasons

274/-), in addition to other investments generating exempt income.\nA show cause notice was issued requiring the assessee to explain why\ndisallowance under section 14A read with Rule 8D should not be made. In\nreply, the assessee submitted a breakup of interest expenses and claimed\nthat investments yielding exempt income were made from its own funds,\nthus attracting no disallowance

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASIAN GRANITO INDIA LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

disallowance of the expense is warranted under section 115BJB of the Act. Hence the ground of appeal of the Revenue is dismissed. The 2nd issue raised by the Revenue is that the learned CIT (A) erred in 8. deleting the addition made by the AO for Rs. 14,06,42,330/- on account of suppression of production/sales after rejecting

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ASIAN GRANITO INDIA LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

disallowance of the expense is warranted under section 115BJB of the Act. Hence the ground of appeal of the Revenue is dismissed. The 2nd issue raised by the Revenue is that the learned CIT (A) erred in 8. deleting the addition made by the AO for Rs. 14,06,42,330/- on account of suppression of production/sales after rejecting

THE ITO, WARD-1(2)(3), AHMEDABAD vs. MOHAMMEDARIF IBRAHIMBHAI SHAIKH, AHMEDABAD

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

Section 40 A(3) the alternate plea raised by the appellant has not been adjudicated upon. In my opinion the case of live stock exporter is on much more stronger looting than that of a dealer in meat. ITA Nos.1115 & 962/Ahd/2019 & CO No.10/Ahd/2022(in ITA No. 1115/A/19) Asst. Years –2012-13 & 2014-15 10.6 Further, remand report as submitted

THE ITO, WARD-1(2)(3), AHMEDABAD vs. MOHAMMEDARIF IBRAHIMBHAI SHAIKH, AHMEDABAD

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

Section 40 A(3) the alternate plea raised by the appellant has not been adjudicated upon. In my opinion the case of live stock exporter is on much more stronger looting than that of a dealer in meat. ITA Nos.1115 & 962/Ahd/2019 & CO No.10/Ahd/2022(in ITA No. 1115/A/19) Asst. Years –2012-13 & 2014-15 10.6 Further, remand report as submitted

INJECT CARE PARENTERALS PVT. LTD.,VAPI vs. DCIT, CIRCLE-2(1)(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 739/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2010-2011 Inject Care Parenterals Pvt. Ltd., D.C.I.T., Plot No.130, Gidc, Vs. Circle-2(1)(1), Vapi, Ahmedabad. Gujarart.

274 read Asstt. Year 2010-11 3 with section 271(1)(c) of the Act, dated 15-03-2013 proposing the penalty for the additions as discussed above. 4. The assessee in response to such notice made its submission as elaborated below: a. Regarding the disallowance

SHRI GIRISHBHAI M.PATEL,,AHMEDABAD vs. THE ACIT.,MEHSANA CIRCLE,, MEHSANA

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 337/Ahd/2014 िनधा"रण वष"/Asstt. Year: 2005-2006 Girishbhai M. Patel, A.C.I.T., 4, Regent Park, Vs. Mehsana Circle, Vanza Co-Operative Society, Mehsana. Part-Ii, Near Judges Bungalow, Bodakdev, Ahmedabad-380015. Pan: Abypp8093M

Disallowance of insurance amount claimed Rs.40,184/- Rs.24,27,511/- Total Income Rs.32,47,959/- i.e Rs.32,47,960/- 4.1 The AO in the assessment order has recorded to have issued penalty notice under section 274

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

section 36(1)(iii) of the Act on account of diversion of interest-bearing fund for non- commercial purposes. 30. The AO during the assessment proceedings found that the assessee on one hand is incurring huge interest expenses on the borrowed fund and on the other hand it has given interest free loans and advances to the tune

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

section 36(1)(iii) of the Act on account of diversion of interest-bearing fund for non- commercial purposes. 30. The AO during the assessment proceedings found that the assessee on one hand is incurring huge interest expenses on the borrowed fund and on the other hand it has given interest free loans and advances to the tune

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

section 36(1)(iii) of the Act on account of diversion of interest-bearing fund for non- commercial purposes. 30. The AO during the assessment proceedings found that the assessee on one hand is incurring huge interest expenses on the borrowed fund and on the other hand it has given interest free loans and advances to the tune

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

section 36(1)(iii) of the Act on account of diversion of interest-bearing fund for non- commercial purposes. 30. The AO during the assessment proceedings found that the assessee on one hand is incurring huge interest expenses on the borrowed fund and on the other hand it has given interest free loans and advances to the tune

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

section 36(1)(iii) of the Act on account of diversion of interest-bearing fund for non- commercial purposes. 30. The AO during the assessment proceedings found that the assessee on one hand is incurring huge interest expenses on the borrowed fund and on the other hand it has given interest free loans and advances to the tune

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

section 36(1)(iii) of the Act on account of diversion of interest-bearing fund for non- commercial purposes. 30. The AO during the assessment proceedings found that the assessee on one hand is incurring huge interest expenses on the borrowed fund and on the other hand it has given interest free loans and advances to the tune

THE DY. CIT, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CIMS HOSPITAL PVT. LTD.,, AHMEDABAD

Appeal is partly allowed and revenue’s appeal is dismissed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

disallowance made under section 14A r.w.r. 8D cannot be resorted while determining the expenses as mentioned under clause (f) to explanation 1 to section 115JB of the Act. Hence we delete such addition. 19. In the result, assessee’s appeal in ITA No.3213/Ahd/2016 is partly allowed. 20. ITA No. 3299/Ahd/2016 for A.Y. 2012-13 : Revenue has filed following grounds

CIMS HOSPITAL PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CENTRAL CIRCLE-1(1)(2),, AHMEDABAD

Appeal is partly allowed and revenue’s appeal is dismissed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

disallowance made under section 14A r.w.r. 8D cannot be resorted while determining the expenses as mentioned under clause (f) to explanation 1 to section 115JB of the Act. Hence we delete such addition. 19. In the result, assessee’s appeal in ITA No.3213/Ahd/2016 is partly allowed. 20. ITA No. 3299/Ahd/2016 for A.Y. 2012-13 : Revenue has filed following grounds

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

In the result, the appeal filed by the Assessee in ITA No

Bench: Dr. Brr Kumar & Shri T.R.Senthil Kumar

274 of the Act by the Assessing Officer in standard printed form without striking out irrelevant clause and without explicitly specifying the exact charge on which penalty is to be levied is bad in law and ought to be set aside altogether. 3. Deduction of remuneration received from partnership firm under section 115JB 3.1 The Id. CIT(A) grossly erred

SUN PHARMACEUTICALS INDUSTRIES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1), BARODA

In the result, the appeal filed by the Assessee in ITA No

Bench: Dr. Brr Kumar & Shri T.R.Senthil Kumar

274 of the Act by the Assessing Officer in standard printed form without striking out irrelevant clause and without explicitly specifying the exact charge on which penalty is to be levied is bad in law and ought to be set aside altogether. 3. Deduction of remuneration received from partnership firm under section 115JB 3.1 The Id. CIT(A) grossly erred