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

SAROVAR DEVELOPERS PVT. LTD.,AHMEDABAD vs. ITO, WARD-4(1)(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.2625/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2014-2015 Sarovar Developers Pvt. Ltd., Income Tax Officer, 13A,Pushpkunj Society, Vs. Ward-4(1)(1), Kankaria,Maninagar, Ahmedabad. Ahmedabad.

section 23 of the Act. In this regard, we are inclined to refer to the judgment of Hon’ble 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

M/S. SERVASHANTI PROPERTIES PVT. LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-4(1)(1),, AHMEDABAD

In the result, the appeal of the assesse is allowed

section 23 of the act w.e.f. 01-04-2018. However, this amendment is not applicable for the year under consideration. With the assistance of ld. representatives, we have gone through the decision of Hon’ble Jurisdictional High Court in the case CIT vs. Neha Builder Pvt. Ltd. (2007) 164 taxman 342 (Guj) wherein it is held that if property

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

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-3(1)(1),, AHMEDABAD vs. M/S. PRIYAL INTERNATIONAL PVT. LTD.,, AHMEDABAD

In the result, the appeal of the revenue is dismissed

192/- and added to the total income of the assessee. 3. Regarding the issue contested in the second ground of appeal, the brief fact is that during the course of assessment proceedings, the assessing officer noticed that assessee has given interest free advances to M/s. Apple Wood Estate Pvt. Ltd., Ahmedabad and M/s. Overoi Estate Pvt. Ltd. Mumbai for purchase

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

SMT. PRAGNABEN N. SHAH,AHMEDABAD vs. THE DY.CIT, CIRCLE-1(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property, interest Page 2 of 7 Asstt. Year 2012-13 and remuneration from the partnership firm, capital gain and the income from other sources. The assessee in the year under consideration has shown gross income under the head other sources comprising of post office interest, interest on loan, interest from the bank and the management maintenance service income amounting

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

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

NOVA PROPERTIES PVT. LTD.,AHMEDABAD vs. THE ACIT, CIRCLE-5,, AHMEDABAD

In the result, the appeals are allowed

House-4, Beside Reliance Petrol Pump, Prahladnagar, Satellite, Ahmedabad -380015 [PAN : AABCN 4138 N] Vs. ACIT ............................Respondent Circle-5, Ahmedabad Appearances by: PM Mehta for the appellant Mudit Nagpal for the respondent Date of concluding the hearing : 21.09.2017 Date of pronouncing the order : 22.09.2017 O R D E R Per Pramod Kumar, AM: 1. These two appeals by the assessee

SUN PHARMACEUTICALS INDUSTRIES LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1)(1),, VADODARA

In the result the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

section 35(2AB) of the Act in respect of certain expenses. 30. The assessee during the year has incurred total research and development expenses amounting to Rs. 11,962.75 lacs. But the assessee claimed weighted deduction under section 35(2AB) of the Act in respect of the expenses amounting to Rs. 11,271.35 lacs only. As such the assessee omitted

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: Shri Waseem Ahmed & Ms. Madhumita Roy

section 35(2AB) of the Act in respect of certain expenses. 30. The assessee during the year has incurred total research and development expenses amounting to Rs. 11,962.75 lacs. But the assessee claimed weighted deduction under section 35(2AB) of the Act in respect of the expenses amounting to Rs. 11,271.35 lacs only. As such the assessee omitted