THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is hereby dismissed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

house property qua the properties held as stock in trade on account of deemed rental income. 6.4 As the assessee succeeds on the reasoning as elaborated in the preceding paragraph, therefore we are not inclined to adjudicate the other contentions raised by the Ld.AR for the assessee. Hence the ground of appeal of the assessee is allowed. ITA Nos.37-38/AHD/2021 A.Y.s

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT,ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n\n1.1 On the facts and circumstances of the case, the Ld.CIT(A) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n1.1 On the facts and circumstances of the case, the Ld.CIT(A) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n\n1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

144(2) read with Rule 8D(2)(iii).\n\n1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where

ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS CADILA HEALTHCARE LTD.),AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

House Property [as per Return of Income] Rs. 10,34,525/- B. Business Income [as per Return of income] Rs.14,81,24,50,439/- Add: Additions / disallowances as discussed above ITA No. 162/Ahd/2021 (Zydus Lifesciences Ltd. vs. DCIT) A.Y.– 2016-17 - 7 – 1. Transfer pricing adjustment on account Rs. 10,29,60,436/- of corporate guarantee (as per Para

SHALIGRAM INFRA PROJECTS LLP ( LTD. LIABILITY PARTNERSHIP),AHMEDABAD vs. THE JCIT (OSD), CENTRAL CIRCLE-2(2), AHMEDABAD

Appeals are partly allowed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarit(Ss)A No.167/Ahd/2021 Asstt.Year : 2017-18 & Asst.Year : 2018-19 Shaligram Infra Projects Llp Vs. The Jcit (Osd) 4Th Floor, Office No.401-402 Central Cir.2(2) B/H. Dishman House Ahmedabad. Opp: Sankalp Grace Ii, Ambli Ahmedabad. Pan: Acpfs 7047 A It(Ss)A No.194,195 & 196/Ahd/2021 Asstt.Year : 2015-16, 2016-17 & 2017-18 & Asst.Year : 2018-19 The Jcit (Osd) Vs. Shaligram Infra Projects Llp Central Cir.2(2) 4Th Floor, Office No.401-402 Ahmedabad. B/H. Dishman House Opp: Sankalp Grace Ii, Ambli Ahmedabad.

Property being Land and building in AY-2015-16 and 2016-17. Year wise detailed breakup of payment/ investment and The DCIT, Cent.Cir.Vs.Shaligram Infra Projects LLP (6 Appeals) 4 reference of seized incriminating material, on the basis of which the Special Auditor calculated such out of books investment to the extent of Rs.60,85,42,590/- the on-money payment

THE DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD vs. SHALIGRAM INFRA PROJECTS LLP , AHMEDABAD

Appeals are partly allowed

Housing Society Ltd. Shri Ashwin B Dudhat\nshows that he, along with his two brothers, who were members of the said\nsociety having rights over Bunglow/plot Nos.13,16 and 27 (vacant plot),\nreceived on-money payment from the assessee in consideration to their\nrelinquishment of rights on the said plots/bungalows admeasuring total of\n893 sq yard [Bungalow

GUJARAT STATE FERTILISERS AND CHEMICALS LTD.,,VADODARA vs. THE ACIT CIRCLE-1(1)1(), VADODARA

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

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

144(2) of the Income- tax Act, 1961 ("the Act"). It is submitted that it be so held now. 3. The learned CIT(A) erred on facts and in law in confirming the disallowance/ capitalization of interest of Rs. 25,22,37,355 as allegedly attributable to Capital Work- in-Progress (CWIP) made by the AO. It is submitted that