M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

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

801A Rs.214,95,00,000/-. 6. Additional Ground on account of corporate guarantee commission of Rs.166,56,019/given to Bank for financial assistance to wholly owned subsidiary. Nirma Limited Vs. DCIT (Five Appeals) 4 7. On the facts and circumstances of the case, the Ld. Commissioner of Income-tax (A) ought to have upheld the order of the Assessing Officer

THE DCIT, CIR-3(1)(1), AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

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

801A Rs.214,95,00,000/-. 6. Additional Ground on account of corporate guarantee commission of Rs.166,56,019/given to Bank for financial assistance to wholly owned subsidiary. Nirma Limited Vs. DCIT (Five Appeals) 4 7. On the facts and circumstances of the case, the Ld. Commissioner of Income-tax (A) ought to have upheld the order of the Assessing Officer

JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. THE ACIT (INT. TAXA-1), AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

section 801A(8) and 801A(10) even though the same are not applicable. It is submitted it be so held now. 2.6 The learned AO, without requiring appellant to furnish any details in assessment proceedings, erred in observing that apportionment of expenses has been done on mechanical basis & no actual expenses are accounted on wells. It is submitted that

JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. THE ACIT (INT. TAXA-1), AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

section 801A(8) and 801A(10) even though the same are not applicable. It is submitted it be so held now. 2.6 The learned AO, without requiring appellant to furnish any details in assessment proceedings, erred in observing that apportionment of expenses has been done on mechanical basis & no actual expenses are accounted on wells. It is submitted that

JOSHI TECHNOLOGIES INTERNATIONAL INC INDIA PROJECTS,AHMEDABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE(INT.TAXN.)-1, AHMEDABAD

In the result, all the three appeals filed by the assessee are partly allowed

Bench: Dr. Brr Kumar & Ms. Suchitra Kambleita Nos. 80, 81 & 244/Ahd/2022 (Assessment Years 2017-18, 2018-19 & 2019-20)

section 801A(8) and 801A(10) even though the same are not applicable. It is submitted it be so held now. 2.6 The learned AO, without requiring appellant to furnish any details in assessment proceedings, erred in observing that apportionment of expenses has been done on mechanical basis & no actual expenses are accounted on wells. It is submitted that

THE ACIT.(OSD), CIRCLE-1,, AHMEDABAD vs. KHURANA ENGINEERING LTD.,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Roya.Y. 2007-08

disallowance of overheads expenses of Rs. 26,719/-. 2. Alternatively, Objection No.1, the learned Commissioner of Appeals-VIII, Ahmedabad erred in not adding back overhead expenses of Rs. 26,719/- while computing the deduction u/s 80IA(4) of the Income Tax Act, 1961.” 3. The brief facts of the case are that the assessee is engaged in the business

THE ACIT.(OSD), CIRCLE-1,, AHMEDABAD vs. KHURANA ENGINEERING LTD.,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Roya.Y. 2007-08

disallowance of overheads expenses of Rs. 26,719/-. 2. Alternatively, Objection No.1, the learned Commissioner of Appeals-VIII, Ahmedabad erred in not adding back overhead expenses of Rs. 26,719/- while computing the deduction u/s 80IA(4) of the Income Tax Act, 1961.” 3. The brief facts of the case are that the assessee is engaged in the business

KHURANA ENGINEERING LTD.,,AHMEDABAD vs. THE ACIT.(OSD),CIRCLE-1,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Roya.Y. 2007-08

disallowance of overheads expenses of Rs. 26,719/-. 2. Alternatively, Objection No.1, the learned Commissioner of Appeals-VIII, Ahmedabad erred in not adding back overhead expenses of Rs. 26,719/- while computing the deduction u/s 80IA(4) of the Income Tax Act, 1961.” 3. The brief facts of the case are that the assessee is engaged in the business

NIRMA LIMITED,,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1),, AHMEDABAD

801A.\nAccordingly, the claim was disallowed.\n35. The CIT(A), however, after considering the detailed\nsubmissions of the assessee and relying upon binding judicial\nprecedents, allowed the claim. The CIT(A) noted that an identical\nissue had been decided in favour of the assessee for earlier\n assessment years by the co-ordinate Bench and also by the\nHon

M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-\n13 & 2013-14 filed by the assessee are partly allowed, while the appeal of the assessee\nfor AY 2014-15 is allowed

3(b) of Section 32(1): 'Goodwill of a Business or Profession' has\nbeen specifically excluded from the definition of intangible assets.\nSection 43(6)(c)(ii): Definition of WDV of the block of assets has been amended\nto provide that written down value of Goodwill is required to be reduced from\nthe Opening WDV in such cases, where

NIRMA LIMITED,,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1),, AHMEDABAD

801A (Power\nGeneration Units) – Revenue's Ground No. 4 for A.Y. 2015-\n16 and Ground No. 2 for A.Υ. 2016-17\n34. For the A.Y. 2015-16, the Assessing Officer, while framing\nthe assessment, noted that the assessee had claimed deduction\nunder section 80IA amounting to Rs.74,00,90,123/-, comprising\nITA Nos.1412-1413/Ahd/2019 with others\nNirma Limited Vs. DCIT

THE ACTI , CIRCLE-3(1)(1),, AHMEDABAD vs. NIRMA LIMITED,, AHMEDABAD

801A (Power\nGeneration Units) – Revenue's Ground No. 4 for A.Y. 2015-\n16 and Ground No. 2 for A.Υ. 2016-17\n34. For the A.Y. 2015-16, the Assessing Officer, while framing\nthe assessment, noted that the assessee had claimed deduction\nunder section 80IA amounting to Rs.74,00,90,123/-, comprising\nITA Nos.1412-1413/Ahd/2019 with others\nNirma Limited Vs. DCIT

THE DY. CIT, PATAN CIRCLE,, PATAN vs. AJAY ENGINEERING INFRASTRUCTURE PVT. LTD.,, UNJHA

In the result appeal of the Revenue in ITA no

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2009-10 Assessment Year:2010-11 Assessment Year: 2011-12 Assessment Year: 2013-14 Ita Nos. 1621/Ahd/2017 Assessment Year: 2014-15 The Acit, Patan Circle, Room No.104, Ajay Engineering Infrastructure 1St Floor, Santokba Hall, Rajmahal V. Pvt. Ltd., 98, Old Market Yard, Road, Patan-384265, Gujarat Unjha-384170 Gujarat Pan:Aagca8877L (Appellant) (Respondent) Assessment Year: 2014-15 The Dcit, Patan Circle, Room M/S Ajay Protech Pvt. Ltd., 59, No.101/4, 1St Floor, Chinmay V. Pratap Chambers 1St Floor, Near Corporate House, Patan-Deesa Railway Circle, Unjha-384170, Highway, Patan-384265,Gujarat Gujarat Pan:Aajca4095R (Appellant) (Respondent) Assessee By: Sh. S.N. Soparkar, Sr. Advocate & Sh. Parin Shah, A.R. Revenue By: Sh. Chetram Meena, Sr. Dr Date Of Hearing: 24.01.2024 Date Of Pronouncement: 19.04.2024

disallowed the claim of the assessee for deduction u/s 80IA of Rs. 1,87,58,401/- , vide assessment order dated 30.12.2011 passed by the AO u/s 143(3) of the 1961 Act. 5. Aggrieved by the assessment framed by the AO u/s 143(3) of the 1961 Act, the assessee filed first appeal with ld. CIT(A) , which appeal stood

THE ACIT, PATAN CIRCLE,, PATAN vs. AJAY ENGINEERING INFRASTRUCTURE PVT. LTD.,, UNJHA

In the result appeal of the Revenue in ITA no

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2009-10 Assessment Year:2010-11 Assessment Year: 2011-12 Assessment Year: 2013-14 Ita Nos. 1621/Ahd/2017 Assessment Year: 2014-15 The Acit, Patan Circle, Room No.104, Ajay Engineering Infrastructure 1St Floor, Santokba Hall, Rajmahal V. Pvt. Ltd., 98, Old Market Yard, Road, Patan-384265, Gujarat Unjha-384170 Gujarat Pan:Aagca8877L (Appellant) (Respondent) Assessment Year: 2014-15 The Dcit, Patan Circle, Room M/S Ajay Protech Pvt. Ltd., 59, No.101/4, 1St Floor, Chinmay V. Pratap Chambers 1St Floor, Near Corporate House, Patan-Deesa Railway Circle, Unjha-384170, Highway, Patan-384265,Gujarat Gujarat Pan:Aajca4095R (Appellant) (Respondent) Assessee By: Sh. S.N. Soparkar, Sr. Advocate & Sh. Parin Shah, A.R. Revenue By: Sh. Chetram Meena, Sr. Dr Date Of Hearing: 24.01.2024 Date Of Pronouncement: 19.04.2024

disallowed the claim of the assessee for deduction u/s 80IA of Rs. 1,87,58,401/- , vide assessment order dated 30.12.2011 passed by the AO u/s 143(3) of the 1961 Act. 5. Aggrieved by the assessment framed by the AO u/s 143(3) of the 1961 Act, the assessee filed first appeal with ld. CIT(A) , which appeal stood

THE DY. CIT, PATAN CIRCLE,, PATAN vs. AJAY ENGINEERING INFRASTRUCTURE PVT. LTD.,, UNJHA

In the result appeal of the Revenue in ITA no

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2009-10 Assessment Year:2010-11 Assessment Year: 2011-12 Assessment Year: 2013-14 Ita Nos. 1621/Ahd/2017 Assessment Year: 2014-15 The Acit, Patan Circle, Room No.104, Ajay Engineering Infrastructure 1St Floor, Santokba Hall, Rajmahal V. Pvt. Ltd., 98, Old Market Yard, Road, Patan-384265, Gujarat Unjha-384170 Gujarat Pan:Aagca8877L (Appellant) (Respondent) Assessment Year: 2014-15 The Dcit, Patan Circle, Room M/S Ajay Protech Pvt. Ltd., 59, No.101/4, 1St Floor, Chinmay V. Pratap Chambers 1St Floor, Near Corporate House, Patan-Deesa Railway Circle, Unjha-384170, Highway, Patan-384265,Gujarat Gujarat Pan:Aajca4095R (Appellant) (Respondent) Assessee By: Sh. S.N. Soparkar, Sr. Advocate & Sh. Parin Shah, A.R. Revenue By: Sh. Chetram Meena, Sr. Dr Date Of Hearing: 24.01.2024 Date Of Pronouncement: 19.04.2024

disallowed the claim of the assessee for deduction u/s 80IA of Rs. 1,87,58,401/- , vide assessment order dated 30.12.2011 passed by the AO u/s 143(3) of the 1961 Act. 5. Aggrieved by the assessment framed by the AO u/s 143(3) of the 1961 Act, the assessee filed first appeal with ld. CIT(A) , which appeal stood

THE DY.COMMISSIONER OF INCOME TAX, PATAN CIRCLE,, PATAN vs. AJAY ENGG. INFRASTRUCTURE PVT. LTD.,, UNJHA

In the result appeal of the Revenue in ITA no

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2009-10 Assessment Year:2010-11 Assessment Year: 2011-12 Assessment Year: 2013-14 Ita Nos. 1621/Ahd/2017 Assessment Year: 2014-15 The Acit, Patan Circle, Room No.104, Ajay Engineering Infrastructure 1St Floor, Santokba Hall, Rajmahal V. Pvt. Ltd., 98, Old Market Yard, Road, Patan-384265, Gujarat Unjha-384170 Gujarat Pan:Aagca8877L (Appellant) (Respondent) Assessment Year: 2014-15 The Dcit, Patan Circle, Room M/S Ajay Protech Pvt. Ltd., 59, No.101/4, 1St Floor, Chinmay V. Pratap Chambers 1St Floor, Near Corporate House, Patan-Deesa Railway Circle, Unjha-384170, Highway, Patan-384265,Gujarat Gujarat Pan:Aajca4095R (Appellant) (Respondent) Assessee By: Sh. S.N. Soparkar, Sr. Advocate & Sh. Parin Shah, A.R. Revenue By: Sh. Chetram Meena, Sr. Dr Date Of Hearing: 24.01.2024 Date Of Pronouncement: 19.04.2024

disallowed the claim of the assessee for deduction u/s 80IA of Rs. 1,87,58,401/- , vide assessment order dated 30.12.2011 passed by the AO u/s 143(3) of the 1961 Act. 5. Aggrieved by the assessment framed by the AO u/s 143(3) of the 1961 Act, the assessee filed first appeal with ld. CIT(A) , which appeal stood

THE DY. CIT, PATAN CIRCLE,, PATAN vs. AJAY ENGINEERING INFRASTRUCTURE PVT. LTD.,, UNJHA

In the result appeal of the Revenue in ITA no

Bench: Shri Ramit Kochar & Ms. Madhumita Royassessment Year: 2009-10 Assessment Year:2010-11 Assessment Year: 2011-12 Assessment Year: 2013-14 Ita Nos. 1621/Ahd/2017 Assessment Year: 2014-15 The Acit, Patan Circle, Room No.104, Ajay Engineering Infrastructure 1St Floor, Santokba Hall, Rajmahal V. Pvt. Ltd., 98, Old Market Yard, Road, Patan-384265, Gujarat Unjha-384170 Gujarat Pan:Aagca8877L (Appellant) (Respondent) Assessment Year: 2014-15 The Dcit, Patan Circle, Room M/S Ajay Protech Pvt. Ltd., 59, No.101/4, 1St Floor, Chinmay V. Pratap Chambers 1St Floor, Near Corporate House, Patan-Deesa Railway Circle, Unjha-384170, Highway, Patan-384265,Gujarat Gujarat Pan:Aajca4095R (Appellant) (Respondent) Assessee By: Sh. S.N. Soparkar, Sr. Advocate & Sh. Parin Shah, A.R. Revenue By: Sh. Chetram Meena, Sr. Dr Date Of Hearing: 24.01.2024 Date Of Pronouncement: 19.04.2024

disallowed the claim of the assessee for deduction u/s 80IA of Rs. 1,87,58,401/- , vide assessment order dated 30.12.2011 passed by the AO u/s 143(3) of the 1961 Act. 5. Aggrieved by the assessment framed by the AO u/s 143(3) of the 1961 Act, the assessee filed first appeal with ld. CIT(A) , which appeal stood

M/S. BODAL CHEMICALS LIMITED,AHMEDABAD vs. THE DY.CIT., CENTRAL CIRCLE-1(1),, AHMEDABAD

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

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

disallowing claim u/s 35(1)(ii) of the Act. Bodal Chemicals Ltd Vs. DCIT Asst. Year : 2016-17 - 2– 3.0 That on the facts and in the circumstances of the case, the Ld. CIT(A) was not justified and grossly erred in not allowing the deduction u/s 80IA(4)(ia) of the Action respect of operating and maintaining infrastructure facilities