THE ITO, WARD-2(1)(1),, BARODA vs. MARKET CREATORS LTD.,, VADODARA

In the result, this appeal is partly allowed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasad)

391/- u/s. 14A which included disallowance out of interest at Rs. 35,20,675/- and disallowance on account of administrative expenses being 0.5% of the average value of investment resulting into disallowance of Rs. 2,10,716/- . So in our considered opinion, ld. CIT(A) was justified by directing the A.O. to restrict disallowance not more than exempted income. Therefore

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

disallowance under section 14A of the Act can be made for that year. Such an interpretation is not in line with the intention of the Legislature. To illustrate, if during a previous year, an assessee incurs an expense of Rs. 1 lakh to earn non-exempt income of Rs. 1.5 lakh and also incurs an expense

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

disallowance under section 14A of the Act can be made for that year. Such an interpretation is not in line with the intention of the Legislature. To illustrate, if during a previous year, an assessee incurs an expense of Rs. 1 lakh to earn non-exempt income of Rs. 1.5 lakh and also incurs an expense

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

disallowance under section 14A of the Act can be made for that year. Such an interpretation is not in line with the intention of the Legislature. To illustrate, if during a previous year, an assessee incurs an expense of Rs. 1 lakh to earn non-exempt income of Rs. 1.5 lakh and also incurs an expense

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

disallowance under section 14A of the Act can be made for that year. Such an interpretation is not in line with the intention of the Legislature. To illustrate, if during a previous year, an assessee incurs an expense of Rs. 1 lakh to earn non-exempt income of Rs. 1.5 lakh and also incurs an expense

INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

disallowed in the assessment order. The DR submitted that the entire transaction was intra-group and lacked ITA No.281 and 222/Ahd/2021 25 commercial substance, as the amalgamating company, ILPL, was wholly owned and controlled by the assessee-company. It was pointed out that there was no real cash outflow in the hands of the assessee and the goodwill recorded

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

disallowed in the assessment order. The DR submitted that the entire transaction was intra-group and lacked ITA No.281 and 222/Ahd/2021 25 commercial substance, as the amalgamating company, ILPL, was wholly owned and controlled by the assessee-company. It was pointed out that there was no real cash outflow in the hands of the assessee and the goodwill recorded

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(1)(1), VADODARA, VADODARA vs. ORIENTAL ENTERPRISES PRIVATE LIMITED, PCC NOTIFIED AREA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

391 350 (Gujarat) PAN:AACCS 9830R (Revenue) (Assessee) 2. 732/Ahd/2023 2016-17 By Revenue By Assessee 3. 807/Ahd/2023 2018-19 By Revenue By Assessee Assessee by : Shri Vartik Chokshi, AR Revenue by : Shri Ashok Natha Bhalekar, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 08/08/2024 घोषणा क" तार"ख /Date of Pronouncement: 27/08/2024 आदेश

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE 2(1)(1), VADODARA, VADODARA vs. ORIENTAL ENTERPRISES PRIVATE LIMITED,, PCC NOTIFIED AREA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

391 350 (Gujarat) PAN:AACCS 9830R (Revenue) (Assessee) 2. 732/Ahd/2023 2016-17 By Revenue By Assessee 3. 807/Ahd/2023 2018-19 By Revenue By Assessee Assessee by : Shri Vartik Chokshi, AR Revenue by : Shri Ashok Natha Bhalekar, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 08/08/2024 घोषणा क" तार"ख /Date of Pronouncement: 27/08/2024 आदेश

ORIENTAL ENTERPRISE PRIVATE LIMITED,VADODARA vs. THE ACIT, CIRCLE-2(1)(2), VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar

391 350 (Gujarat) PAN:AACCS 9830R (Revenue) (Assessee) 2. 732/Ahd/2023 2016-17 By Revenue By Assessee 3. 807/Ahd/2023 2018-19 By Revenue By Assessee Assessee by : Shri Vartik Chokshi, AR Revenue by : Shri Ashok Natha Bhalekar, Sr.DR सुनवाई क" तार"ख/Date of Hearing : 08/08/2024 घोषणा क" तार"ख /Date of Pronouncement: 27/08/2024 आदेश

ADANI ENTERPRISES LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD

Appeal of the Revenue is hereby dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedasstt. Sr.No.

391 has held that where Assessing Officer disallowed an amount by holding that interest bearing funds had been used to earn tax free dividend, etc., but there was no tangible material to record his satisfaction, disallowance made was unjustified- The Hon'ble Court has held as under: "Section

THE ARVIND LTD,AHMEDABAD vs. THE ACIT.,CIRCLE-1,, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 862/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2007-2008 Arvind Ltd.(Earlier Known As Arvind A.C.I.T., Mills Ltd.), Vs. Circle-1, Naroda Road, Ahmedabad. Naroda, Ahmedabad.

section 391 to 394 of the companies Act. That the scheme of demerger does not in any way interfere with the provisions of the Income Tax Act until and unless something is provided under the scheme of demerger. None of the authority below has pointed out that there was any provisions with respect to the write-off of inventories which

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

disallowed administrative expenses of Rs 17,39,793 in its return of income. 3.3. On the facts and in the circumstances of the case and in law, the Hon’ble CIT(A) has erred in adding back the allowance of Rs 9,48,784 under section 14A of the Act in the book profits under the provisions of section 115JB

JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

disallowed administrative expenses of Rs 17,39,793 in its return of income. 3.3. On the facts and in the circumstances of the case and in law, the Hon’ble CIT(A) has erred in adding back the allowance of Rs 9,48,784 under section 14A of the Act in the book profits under the provisions of section 115JB

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-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 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 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