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 the claim of the assessee. 45. After considering submissions of the both the sides, we find that though the Hon’ble Gujarat High Court in the case of Gujarat State Road Transport Corporation (supra) has held that if the payment to PF and ESI are not being made within the due date prescribed under those Act, then deduction will

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 the claim of the assessee. 45. After considering submissions of the both the sides, we find that though the Hon’ble Gujarat High Court in the case of Gujarat State Road Transport Corporation (supra) has held that if the payment to PF and ESI are not being made within the due date prescribed under those Act, then deduction will

SHRI BHAVESHBHAI O. LAKHANI,,BHAVNAGAR vs. THE INCOME TAX OFFICER, WARD-1(3),, BHAVNAGAR

In the result, the appeal is allowed for statistical purposes in the terms indicated above

Bench: Us. Bhaveshbhai O Lakhani Vs. Ito Assessment Year: 2012-13 Page 2 Of 9

2) Act 2004' 8. Their Lordships were pleased to hold that this reasoning and rationale of this decision "merits acceptance". The same principle, when applied in the present context, leads to the conclusion that the present amendment, being an amendment to remove an apparent incongruity which resulted in undue hardships to the taxpayers, should be treated as retrospective in effect

THE DCIT, CIRCLE-1(1)(1),, VADODARA vs. M/S. GUJARAT INFRA PIPES PVT. LTD.,, VADODARA

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) relating to the Assessment Year (AY) 2013-14. For the sake of convenience, these appeals were ITA Nos. 813 & 987/Ahd/2017 A.Y. 2013-14 M/s. Gujarat Infrapipes Pvt. Ltd. Vs. DCIT 2 heard together and are being disposed of by way of this consolidated order. 2

GUJARAT INFRAPIPES PVT. LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) relating to the Assessment Year (AY) 2013-14. For the sake of convenience, these appeals were ITA Nos. 813 & 987/Ahd/2017 A.Y. 2013-14 M/s. Gujarat Infrapipes Pvt. Ltd. Vs. DCIT 2 heard together and are being disposed of by way of this consolidated order. 2

SARJAN REALITIES PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member

disallowance u/s. 43CA without considering the amount of Rs.3,09,19,083/- which is also a part of sales consideration of land collected against invoice raised. 4. Both the lower authorities have erred in law and on facts in considering Rs.21,66,66,000/- as value adopted by stamp authorities. Both the lower authorities have not correctly appreciated the method

SARJAN REALITIES PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CICLE-4(1)(1), AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member

disallowance u/s. 43CA without considering the amount of Rs.3,09,19,083/- which is also a part of sales consideration of land collected against invoice raised. 4. Both the lower authorities have erred in law and on facts in considering Rs.21,66,66,000/- as value adopted by stamp authorities. Both the lower authorities have not correctly appreciated the method

AURA SECURITIES PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-1,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

AURA SECURITIES PVT. LTD.,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

SHRI GOVINDBHAI G. BHARWAD,,AHMEDABAD vs. THE DY.CIT, CIRCLE-6,, AHMEDABAD

Appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 2436/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2011-2012 Govindbhai G. Bharwad, D.C.I.T., 1, Vushwas Residency, Vs. Circle-6, Opp. Malav Kutir, Ahmedabad. B/H Hitarth Party Plot, Sola, Ahmedabad.

2,43,93,600/- @ Rs. 8800/- per sq mtr. which is much lower than the actual consideration. 5. However the learned CIT (A) confirmed the addition made by the AO by observing as under: Section 50C provides that if the value stated in the instrument of transfer is less than the valuation adopted, assessed or assessable by the stamp duty

THE ITO, WARD-1(1)(2),, AHMEDABAD vs. M/S. BAJAJ HERBALS PVT. LTD.,, AHMEDABAD

In the result, the appeal preferred by the Revenue is, thus, allowed for statistical purposes

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

disallowance of freight expenses of Rs. 3414124/- u/s 40(a)(ia) of the Act. The A.O. in the impugned order considered payment of Rs. 3414124/- to eight parties in respect of freight and forwarding expenses (already discussed para 4A above) and rejected appellants explanation that due TDS was deducted as per the provisions as evidenced by photo copies of invoices

RAMESHBHAI ARVINDBHAI PATEL,VADODARA vs. THE ITO, WARD-3(1)(4), VADODARA

In the result, ground number 2 of the assessee’s appeal is dismissed

section 50C of the Act. In appeal, Ld. CIT(A) gave part relief to the assessee and after taking into consideration the submissions of the assessee with regard to distance of the 2 properties in question from the municipal limits, he deleted the STCG with respect to land sold in village Bhavpura by holding that this land falls outside

RAMESHBHAI ARVINDBHAI PATEL,VADODARA vs. THE ITO, WARD-3(1)(4), VADODARA

In the result, ground number 2 of the assessee’s appeal is dismissed

section 50C of the Act. In appeal, Ld. CIT(A) gave part relief to the assessee and after taking into consideration the submissions of the assessee with regard to distance of the 2 properties in question from the municipal limits, he deleted the STCG with respect to land sold in village Bhavpura by holding that this land falls outside

DILIP MOHANDAS DEVANI,VADODARA vs. INCOME TAX OFFICER, WARD-1(2)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for statistical purposes, in terms of our above directions

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

2:1 ratio, which was matching with the share of the sale proceeds of the property in question. However, the Assessing Officer, while finalizing the assessment, invoked Section 50C of the Act with a view to substitute the sale consideration with the stamp duty value and restricted the deduction under Section 54 to only 50% of the investment

SIRHIND STEELS LTD.,,AHMEDABAD vs. THE PR.CIT-4, AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 713/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2014-2015 Sirhind Steel Ltd., P.C.I.T-4, 7Th Floor, Shalin Building, Vs. Ambawadi, Nr. Nehru Bridge Corner, Ahmedabad. Ashram Road, Ahmedabad.

2(11), will refer to the block of assets on which the same rate of depreciation is prescribed. As long as there is no surplus on sale of assets which form part of the block of assets, i.e., assets carrying the same rate of depreciation, short-term capital gain would not be payable. However, if there is surplus, then short

ADANI AGRO PVT. LTD.,,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, the assessee appeal is thus allowed

Bench: Shri O. P. Meena& Ms. Madhumita Roy

2 of our reply dated 4th September, 2011. As the assessee company has incurred capital loss on sale of shares of unlisted companies in off market transactions, the said capital loss incurred during the course of carrying on of the business is allowable in terms of Section 45 read with Section 48 of the IT Act. (Annexure-1)." According

GALAXY GLOBAL PVT. LTD.,AHMEDABAD vs. DCIT CIRCLE 2(1)(2),, AHMEDABAD

In the result, the appeal of the assessee is partly allowed for the statistical purposes

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No.134/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2013-2014 Galaxy Global Pvt. Ltd., D.C.I.T., 4Th Floor Commercial House, Vs. Circle-2(1)(2), Opp. Rajvansh Tower, Ahmedabad. Near Surel Bunglows, Bodakdev, Ahmedabad.

Section 50C of the Act and ought to have quashed the Assessing Officer's order. 2. Without prejudice to the above, on facts and in the circumstances of the Appellant's case, the Ld. CIT (Appeals) has erred in confirming disallowance

NARAYANBHAI SHIVABHAI PATEL,MEHSANA vs. THE ITO, WARD-1, MEHSANA

In the result, the appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaassessment Year: 2020-21

disallowance; (d) the amount of under-reported income represented by any addition made in conformity with the arm's length price determined by the Transfer Pricing Officer, where the assessee had maintained information and documents as prescribed under section 92D, declared the international transaction under Chapter X, and, disclosed all the material facts relating to the transaction