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

section 23 of the Act. In this regard, we are inclined to refer to the judgment of Honffcle Gujarat High Court in the case of NEHA builders private Ltd (supra) wherein it was held that the income from the property held as stock in trade should be treated as business income. The relevant extract of the order is reproduced

VISHWA KALYAN SOCIETY,SABARKANTHA vs. DCIT, CPC, BANGLORE

In the result appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 449/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2015-16 Vishwa Kalyan Society, D.C.I.T, Vijay Samudranagar, Vs. Cpc, Atma Vallabh Hospital Parisar, Bangalore. Idar Himatnagar Highway, Sabarkantha-383430. Pan: Aaatv1108N

house property is a statutory deduction and has not been allowed. The Hon'ble ITAT Chennai Bench-A, in the case of Anjuman-E-Himayath-E-Islam ITA No. 2271 (MDS) of 2014 for A.Y.2009-10 dated June 2, 2015 has held that in the case of trust Section 22 to 27 of the Act is not applicable. Therefore

ANIRUDDH RINKI GANDHI,BARODA vs. DCIT (INTL. TAXN), BARODA

In the result, the appeal of the assessee is allowed

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumarassessment Year :2015-16 Aniruddhrinki Gandhi Dcit (Intl.Taxn.) 14, Vaikunh Apartment Vs Baroda. Laxminarayan Co-Op. Society Gotri Road, Baroda. Pan : Bbnpg 1052 P अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri Manish J. Shah, Advocate Revenue By : Shri V.K.Singh, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 23/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 28/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: This Appeal Is Filed By The Assessee Against Order Dated 21.01.2019 Passed By Ld.Commissioner Of Income-Tax (Appeals)-13, Ahmedabad [For Short “Ld.Cit(A)] In Appeal No.Cit(A)- 13/Intl.Taxn./Ahd/75/2017-18 Relating To The Assessment Year 2015-16. 2. Assessee’S Grounds Of Appeal Are As Follows:

house property was made in December 2015 and onwards which prove that even though sale proceeds were received in October 2015, funds were not used immediately but appellant waited and made investment made in span of 2 to 4 months. It is also observed that though appellant has filed original return of income on 31/08/2015 and at that entire funds

LALITADEVI N. TIBREWALA,,AHMEDABAD vs. THE PR. CIT, , AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 318/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2012-2013 Lalitadevi N. Tibrewala, Pr. Commissioner Of 6, Professor Colony, Vs. Income Tax, Nr. Vijay Cross Roads, Ahmedabad-5 Navrangpura, Ahmedabad-380009. Pan: Aappt0073M

192) 5. Recently, the Allahabad High Court in Ganga Sahai Ram Swarup v. ITAT [2004] 271 ITR 512 has taken the view that liberal view ought to have been taken by the authority as the delay was only of a very short period and the appellant was not going to gain anything from it. 6. Applying the ratio laid down

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE ACIT(OSD) CIRCLE-8, AHMEDABAD

In the result the appeal filed by the Assessee in ITA No

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

House, Nr.Shree Vs Ahmedabad Krishna Centre, Navrangpura Ahmedabad-380009, Gujarat, India PAN: AADCS0472N (Appellant) (Respondent) Assessee Represented: Shri Soumitra Choudhary, A.R. Revenue Represented : Shri Rignesh Das, Sr. D.R. Date of hearing : 18-09-2024 Date of pronouncement : 29-10-2024 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- These cross appeals are filed by the Revenue and the Assessee

THE DCIT, CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD., AHMEDABAD

In the result the appeal filed by the Assessee in ITA No

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

House, Nr.Shree Vs Ahmedabad Krishna Centre, Navrangpura Ahmedabad-380009, Gujarat, India PAN: AADCS0472N (Appellant) (Respondent) Assessee Represented: Shri Soumitra Choudhary, A.R. Revenue Represented : Shri Rignesh Das, Sr. D.R. Date of hearing : 18-09-2024 Date of pronouncement : 29-10-2024 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- These cross appeals are filed by the Revenue and the Assessee

SHASHANK SHEKHAR SINGH,,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, BARODA

In the result, ITA No. 924/Ahd/2016 appeal filed by the Assessee is allowed for statistical purposes and ITA No

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2010-11 and ITA No. 2878/Ahd/2017 is filed by the Assessee against the order dated 09.12.2015 passed by the Commissioner of I.T.A No. 924/Ahd/2016 & 2878/Ahd/2017 A.Y. 2010-11 Page No 2 Shashank Shekharsingh vs. DCIT Income

SHASHANK SHEKHAR SINGH,,NEW DELHI vs. DY.COMMISSIONER OF INCOME TAX,CIRCLE-7,, BARODA

In the result, ITA No. 924/Ahd/2016 appeal filed by the Assessee is allowed for statistical purposes and ITA No

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2010-11 and ITA No. 2878/Ahd/2017 is filed by the Assessee against the order dated 09.12.2015 passed by the Commissioner of I.T.A No. 924/Ahd/2016 & 2878/Ahd/2017 A.Y. 2010-11 Page No 2 Shashank Shekharsingh vs. DCIT Income

BGSCTPL- MSKEL CONSORTIUM,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-10(1),, AHMEDABAD

In the result, appeal filed by the assessee in ITA no

Bench: Us & That These Four

property of the public. The assessee was to maintain at its own cost sufficient experienced supervisory staff required for the work and arrangement of their housing. The assessee was to have the field laboratory for the purpose of testing materials. The assessee has to arrange electric power and water supply. The assessee was also under the obligation to provide traffic

JMC-MSKE(JV),,AHMEDABAD vs. INCOME TAX OFFICER, WARD-5(2)(3),, AHMEDABAD

In the result, appeal filed by the assessee in ITA no

Bench: Us & That These Four

property of the public. The assessee was to maintain at its own cost sufficient experienced supervisory staff required for the work and arrangement of their housing. The assessee was to have the field laboratory for the purpose of testing materials. The assessee has to arrange electric power and water supply. The assessee was also under the obligation to provide traffic

BGSCTPL- MSKEL (JV),AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(1),, AHMEDABAD

In the result, appeal filed by the assessee in ITA no

Bench: Us & That These Four

property of the public. The assessee was to maintain at its own cost sufficient experienced supervisory staff required for the work and arrangement of their housing. The assessee was to have the field laboratory for the purpose of testing materials. The assessee has to arrange electric power and water supply. The assessee was also under the obligation to provide traffic

JMC-MSKE(JV),,AHMEDABAD vs. INCOME TAX OFFICER, WARD-5(2)(3),, AHMEDABAD

In the result, appeal filed by the assessee in ITA no

Bench: Us & That These Four

property of the public. The assessee was to maintain at its own cost sufficient experienced supervisory staff required for the work and arrangement of their housing. The assessee was to have the field laboratory for the purpose of testing materials. The assessee has to arrange electric power and water supply. The assessee was also under the obligation to provide traffic

KOTHARI SANJAY MANILAL, HUF,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1), AHMEDABAD

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 698/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2018-19)

Section 54F of the Act. The Co- ordinate Bench of this Tribunal in the case of Kamlesh ITA No. 698/Ahd/2024 [KothariSanjay Manilal, HUF vs. DCIT] A.Y. 2018-19- 11 – Chandrakant Patel (supra) had also held that delay in the completion of construction of the house will not be a bar to the assessee for claiming the exemption provided u/s.54F

DEPUTY COMMISIONER OF INCOME TAX CIRCLE 3(1)(1) AHMEDABAD, AHMEBABAD vs. VIJAY MANUBHAI HIRPARA, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaassessment Year: 2015-16

Housing Society, Ahmedabad B/h. Sardar Patel Mall, Vs. Room No.506, 5th Floor, Thakarbapa Nagar, Ayakar Bhavan Vejalpur, Ahmedabad – 382 350. Ahmedabad – 380 015 [PAN – AEBPH 5292 J] (Appellant) (Respondent) Assessee by Shri Hardik Vora, AR Revenue by Shri S. K. Agal, Sr. DR Date of Hearing 09.06.2025 Date of Pronouncement 13.06.2025 O R D E R PER NARENDRA PRASAD SINHA

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

properties of the company including manufacturing facilities, research facilities and office premises. v. A minimum fixed asset cover of 1.1 times over these assets. vi. Net debt / EBIDTA to be not more than 4.5 times vii. Debt gearing not to exceed 1.65 times during the currency of facility. viii. Debt service cover ratio shall not be less than 1.33 times

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1) (1),, AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS PVT. LTD.,, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

192,52 0.19 0.19 0.09 expenditure R&O revenue 5409.10 370742 1101,3.8 1492,86 746.42 208.42 104.21 expenditure Total 5,601.81 3900.34 1701.47 746.43 208.61 104.305 4. Without prejudice to Ground No. 3 above, in the facts and circumstances of the case, the learned C1T(A) further erred in stating amount of disallowance towards weighted portion of disallowance under

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

192,52 0.19 0.19 0.09 expenditure R&O revenue 5409.10 370742 1101,3.8 1492,86 746.42 208.42 104.21 expenditure Total 5,601.81 3900.34 1701.47 746.43 208.61 104.305 4. Without prejudice to Ground No. 3 above, in the facts and circumstances of the case, the learned C1T(A) further erred in stating amount of disallowance towards weighted portion of disallowance under

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

192,52 0.19 0.19 0.09 expenditure R&O revenue 5409.10 370742 1101,3.8 1492,86 746.42 208.42 104.21 expenditure Total 5,601.81 3900.34 1701.47 746.43 208.61 104.305 4. Without prejudice to Ground No. 3 above, in the facts and circumstances of the case, the learned C1T(A) further erred in stating amount of disallowance towards weighted portion of disallowance under

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. INTAS PHARMACEUTICALS PVT. LTD.,, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

192,52 0.19 0.19 0.09 expenditure R&O revenue 5409.10 370742 1101,3.8 1492,86 746.42 208.42 104.21 expenditure Total 5,601.81 3900.34 1701.47 746.43 208.61 104.305 4. Without prejudice to Ground No. 3 above, in the facts and circumstances of the case, the learned C1T(A) further erred in stating amount of disallowance towards weighted portion of disallowance under