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

M/S. SURZLON GLOBAL SERVICES LTD. ,AHMEDABAD vs. THE PR. CIT-3,, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 67-68/Ahd/2021 िनधा"रण वष"/Asstt. Years: 2016-2017 & 2017-2018 M/S. Suzlon Global Services Limited, Principal Commissioner 5 Suzlon, Shrimali Society, Vs. Of Income-Tax, Near Shree Krishna Centre, Ahmedabad. Nr. Judges Bunglow Cross Road, Ahmedabad-380009. Pan: Aaics1406R

disallowing the same under the revisionary proceedings under section 263 of the Act in the case of M/s SSGL. 8.2 However, we note that the learned principal CIT has proceeded to verify the amount of depreciation claimed by the successor company namely M/s SSL on the amount of goodwill generated in the scheme of amalgamation in the revisionary proceedings under

ACIT, CIRCLE-1(1)(1), AHMEDABAD, VEJALPUR, AHMEDABAD vs. AIA ENGINEERING LIMITED, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 397/Ahd/2024 िनधा"रण वष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Dcit Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J आयकर अपील सं / Ita No. 532/Ahd/2024 िनधा"रणवष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Acit, Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" िनधा"रती की ओर से / Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar ""थ" की ओर से / Revenue By : Shri Pratik Sharma, Sr Dr & Shri Sudhendu Das, Cit-Dr तारीख/Date Of Hearing : 09.10.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 21.10.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश

disallowance of claim of depreciation on goodwill. As pointed out by the ld. Counsel for the assessee, it is a fact on record that this intangible asset of goodwill arose to the assessee on account of scheme of amalgamation of its wholly owned subsidiary “DCPL Foundaries Ltd.” with the assessee company, which scheme was approved by the Hon’ble High

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.

2(19AA) of the Income-Tax Act, 1961 in relation to companies transferring its one or more undertaking to any resulting company in pursuant to the scheme of arrangement under sections 391- 394 of the companies Act 1956 by a demerged company in a manner by which: All the property of the undertaking, being transferred by the demerged  company, immediately

M/S. VADILAL DAIRY INTERNATIONAL LTD.,MAHARASHTRA vs. THE ACIT CIRCLE-4(1)(2), AHMEDABAD

In the result, Ground No. 2 is partly allowed

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

disallowance is called for u/s. 14A of the Act. 9. Per contra, Ld. Sr. D.R. appearing for the Revenue supported the order passed by the Lower Authorities and requested to confirm the same. 10. We have given our thoughtful consideration and perused the material available on record. As it can be seen from the BIFR’s order dated

ENERGY-MISSION MACHINERIES (INDIA) PRIVATE LIMITED,AHEMADABAD vs. CIRCLE 2(1) AHMEDABAD, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

disallowing the benefit of lower tax u/s 115BAA of the Act to the assessee resulting into tax demand of Rs. 35,11,680/- and interest of Rs. 5,45,493/-, total demand amounting to Rs. 40,57,173/-, Due to which the Intimation u/s 143(1) is bad in law, void-ab-initio and is liable to set aside

SHALBY LIMITED,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No.793/Ahd/2019 ("नधा"रण वष" / Assessment Year : 2014-15)

disallowance works out to Rs.14,28,901. (ii) During the previous year relevant to the Assessment Year 2013-14 the assessee-company entered into a Composite Scheme of Arrangement in the nature of Demerger and Restructuring of Share Capital under sections 391 to 394 read with sections 100 to 103 of the Companies Act, between the assessee-company and Yogeshwar

KIFS INTERNATIONAL LLP,AHMEDABAD vs. THE ACIT, CIRCLE-5(2)(1) PRESENTLY WITH ACIT, CENTRAL CIRCLE-1(4), AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 682, 683 & 684/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2016-17 To 2018-19) Kifs International Llp Acit बनाम/ B-81, Pariseema Complex, Circle-5(2)(1), Vs. C. G. Road, Ellisbridge, Narayan Chambers Ahmedabad 380006 Building, Ashram Road, Ahmedabad [Presently With Acit, Central Circle 1(4), 3Rd Floor, Aaykar Bhavan, Ashrma Road, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaqfk2892L (Appellant) .. (Respondent) Shri Tushar Hemani, Sr. Advocate & Assessee By : Shri Parimalsinh B. Parmar, A.Rs. Revenue By : Shri Ritesh Parmar, Cit. Dr & Shri Rajdeep Singh, Sr.Dr (On 08.11.2023) & Shri Kamlesh Makwana, Cit.Dr (On 30.01.2024) सुनवाई क" तार"ख / Date Of 08/11/2023 & 30.01.2024 Hearing घोषणा क" तार"ख /Date Of 08/02/2024 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Bunch Of Three Appeals Filed By The Assessee Are Directed Against The Common Order Dated 14.08.2023 Passed By Ld. Commissioner Of Income Tax (Appeals)-11, Ahmedabad (In Short ‘Cit(A)’) Arising Out Of The Orders Dated

2. Since all these appeals are relating to identical issues that too in respect of the same appellant, these are heard analogously and are being disposed of by this common order for the sake of convenience. ITA No. 682/Ahd/2023 – A.Y. 2016-17 (Lead Case) 3. The brief facts leading to the case is this that (i) KIFS Securities

KIFS INTERNATIONAL LLP,AHMEDABAD vs. THE ACIT, CIRCLE-5(2)(1) PRESENTLY WITH ACIT, CENTRAL CIRCLE-1(4), AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 682, 683 & 684/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2016-17 To 2018-19) Kifs International Llp Acit बनाम/ B-81, Pariseema Complex, Circle-5(2)(1), Vs. C. G. Road, Ellisbridge, Narayan Chambers Ahmedabad 380006 Building, Ashram Road, Ahmedabad [Presently With Acit, Central Circle 1(4), 3Rd Floor, Aaykar Bhavan, Ashrma Road, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaqfk2892L (Appellant) .. (Respondent) Shri Tushar Hemani, Sr. Advocate & Assessee By : Shri Parimalsinh B. Parmar, A.Rs. Revenue By : Shri Ritesh Parmar, Cit. Dr & Shri Rajdeep Singh, Sr.Dr (On 08.11.2023) & Shri Kamlesh Makwana, Cit.Dr (On 30.01.2024) सुनवाई क" तार"ख / Date Of 08/11/2023 & 30.01.2024 Hearing घोषणा क" तार"ख /Date Of 08/02/2024 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Bunch Of Three Appeals Filed By The Assessee Are Directed Against The Common Order Dated 14.08.2023 Passed By Ld. Commissioner Of Income Tax (Appeals)-11, Ahmedabad (In Short ‘Cit(A)’) Arising Out Of The Orders Dated

2. Since all these appeals are relating to identical issues that too in respect of the same appellant, these are heard analogously and are being disposed of by this common order for the sake of convenience. ITA No. 682/Ahd/2023 – A.Y. 2016-17 (Lead Case) 3. The brief facts leading to the case is this that (i) KIFS Securities

KIFS INTERNATIONAL LLP,AHMEDABAD vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI PRESENTLY WITH ACIT, CENTRAL CIRCLE-1(4), AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 682, 683 & 684/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2016-17 To 2018-19) Kifs International Llp Acit बनाम/ B-81, Pariseema Complex, Circle-5(2)(1), Vs. C. G. Road, Ellisbridge, Narayan Chambers Ahmedabad 380006 Building, Ashram Road, Ahmedabad [Presently With Acit, Central Circle 1(4), 3Rd Floor, Aaykar Bhavan, Ashrma Road, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaqfk2892L (Appellant) .. (Respondent) Shri Tushar Hemani, Sr. Advocate & Assessee By : Shri Parimalsinh B. Parmar, A.Rs. Revenue By : Shri Ritesh Parmar, Cit. Dr & Shri Rajdeep Singh, Sr.Dr (On 08.11.2023) & Shri Kamlesh Makwana, Cit.Dr (On 30.01.2024) सुनवाई क" तार"ख / Date Of 08/11/2023 & 30.01.2024 Hearing घोषणा क" तार"ख /Date Of 08/02/2024 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Bunch Of Three Appeals Filed By The Assessee Are Directed Against The Common Order Dated 14.08.2023 Passed By Ld. Commissioner Of Income Tax (Appeals)-11, Ahmedabad (In Short ‘Cit(A)’) Arising Out Of The Orders Dated

2. Since all these appeals are relating to identical issues that too in respect of the same appellant, these are heard analogously and are being disposed of by this common order for the sake of convenience. ITA No. 682/Ahd/2023 – A.Y. 2016-17 (Lead Case) 3. The brief facts leading to the case is this that (i) KIFS Securities

BODAL CHEMICALS LTD.,,AHMEDABAD vs. THE ADDL.CIT.,RANGE-1,, AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

72A of the Act. iv. Exemption of capital gains in the hands of shareholders of amalgamating company on transfer of shares of amalgamating company in the scheme of amalgamation under the provisions of section 47 (vii) of the Act. v. Cost of capital assets to be the same as in the hands of previous owner where capital assets became

M/S. BODAL CHEMICAL LTD.,AHMEDABAD vs. THE ADD.CIT.,RANGE-1,, AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

72A of the Act. iv. Exemption of capital gains in the hands of shareholders of amalgamating company on transfer of shares of amalgamating company in the scheme of amalgamation under the provisions of section 47 (vii) of the Act. v. Cost of capital assets to be the same as in the hands of previous owner where capital assets became

BODAL CHEMICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-1, AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

72A of the Act. iv. Exemption of capital gains in the hands of shareholders of amalgamating company on transfer of shares of amalgamating company in the scheme of amalgamation under the provisions of section 47 (vii) of the Act. v. Cost of capital assets to be the same as in the hands of previous owner where capital assets became

THE ACIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. BODAL CHEMICAL LTD., AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

72A of the Act. iv. Exemption of capital gains in the hands of shareholders of amalgamating company on transfer of shares of amalgamating company in the scheme of amalgamation under the provisions of section 47 (vii) of the Act. v. Cost of capital assets to be the same as in the hands of previous owner where capital assets became

THE DCIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. VINI COSMETIC PVT. LTD.,, AHMEDABAD

In the result, Revenue’s appeal is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

Section 72A(2) of the Act as amalgamation company was not in the business for a period of three years asked for explanation from the appellant. In reply whereof, the assessee accepted the loss of the said amalgamating company VSDPL relating to A.Y. 2010-11 of Rs. 1,21,63,139/- as not allowable. The assessee thereafter suo moto withdrew

CIL NOVA PETROCHEMICALS LTD.,AHMEDABAD vs. THE PR.CIT, RANGE-1, AHMEDABAD

In the result, the appeal of the assessee is dismissed as infructuous

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No.707/Ahd/2016 & आयकर अपील सं./Ita No.2374/Ahd/2018 नि◌धा"रण वष"/Asstt. Year: 2011-2012 Cil Nova Petrochemicals Ltd., Pr.C.I.T., 391/396 Moraiya Village, Vs. Range-1, Sarkhej-Bavla Highway, Ahmedabad. Sanand, Ahmedabad-382210. Pan: Aadcn0932G

2,44,55,770.00 respectively to the previous year 2007-08 corresponding to assessment year 2008- 09 and subsequent years. 7.2 It was contended by the assessee that such unabsorbed depreciation and the brought forward losses became the loss of the assessee by virtue of the Hon’ble High Court of Gujarat as well as under the provisions of section

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMACEUTICALS INDUSTRIES LIMITED,, VADODARA

In the result the appeal of the revenue is dismissed

Bench: The Itat Ahmedabad Vide Ita No. 3289/Ahd/2002 & 3343/Ahd/2002. Addition On Account Of Profit On Sale Of Depb For The Purpose Of Rs.11,41,480 Deduction U/S.80Ia Deduction U/S.115Jb(2) In Respect Of Book Losses Of Pradeep Drug Rs.3, 39,12,399

2 is dismissed. 4.2. Ground No. 3 pertains to levy of penalty in respect of disallowance of deduction u/s. 80IA on profit from sale of import jicenses/DEPB at Rs.11,41,480/-. The submission of Ld. Authorized Signatory on this account is found to be acceptable. Undoubtedly, as to whether assessee is eligible to claim deduction u/s. 80IA on DEPB profit