SHRI BHAGWANBHAI RANCHHODBHAI MAKWANA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(1)(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

Section 33 of Revenue Act the appellant has incurred several i.e. expenses which were paid by Shri Jaswantbhai D. Patel. Further with regard to the land leveling and development expenses of Rs.65 lakhs it is submitted that Shri Jaswantbhai D. Patel has spent this amount during the period 2000 to 2005 and the land leveling work carried by Shri Dineshbhai

LATE BHAGWATSINH JIBHUBHAI CHAVDA)L/H.BHAKTIBEN BHAGWATSINH CHAVDA,,AHMEDABAD vs. ITO, WARD-5(1)(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

Section 33 of Revenue Act the appellant has incurred several i.e. expenses which were paid by Shri Jaswantbhai D. Patel. Further with regard to the land leveling and development expenses of Rs.65 lakhs it is submitted that Shri Jaswantbhai D. Patel has spent this amount during the period 2000 to 2005 and the land leveling work carried by Shri Dineshbhai

M/S. OTHELLO DEVELOPERS,,BARODA vs. THE ITO, WARD-1(2)(4),, BARODA

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2015-16 Othello Developers Ito, Ward-1(2)(4) 402, 4Th Floor Vs Vadodara. R.K. Centre, Fatehgunj Main Road, Fatehgunj Vadodara 390 002. Pan : Aabfo 4301 M

house property”, which provision was brought to the statute from the assessment year 2018-19. Impugned year being Asst.Year 2015-16 this provision could not be invoked in any case in the impugned year. Reliance was placed on the following case laws: i) Pegasus Properties P.Ltd. Vs. DCITR, 135 taxmann.com 294 (mum) ii) ACIT Vs. Haware Construction P.Ltd., 101 taxmann.com

GUJARAT HOUSING BOARD (GHB),,AHMEDABAD vs. THE D.C.I.T. (EXEMPTION), CIRCLE-1,, AHMEDABAD

In the result, the appeal is allowed in the terms indicated above

Bench: Him) Of Denying Exemption To The Appellant’S Income U/S.11 & 12 Of The Income Tax Act, 1961 As Claimed In The Appellant’S Return, On The Ground That The Appellant’S Case Attracted The First Proviso To Section 2(15) & In Turn, Sub-Section(8) Of Section 13 Of The Act.

364 slum clearance and Integrated Housing Scheme Units, 49,083 Economically Weaker Section Units, 55,656 Lower Income Group Units, 42,191 Middle Income Group Units, and 6,271 High Income Group Units. The Assessing Officer was of the view that “houses constructed by the Gujarat Housing Board are sold to all types of income groups, including the high

ROMABEN KEYUR THAKORE LEGAL HEIR OF LATE ANANDIBEN JITENDRABHAI SHAH,VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: The Ld.Cit(A), Who Has Confirmed The Disallowance Made By The Assessing Officer By Observing As Follows:

property purchased one year prior to the transfer, which gave rise to the capital gain or may be in the alternative have expressly made the exemption in case of prior purchase, subject to purchase from any advance that might have been received for the transfer of the residential house which resulted in the capital gain. 23. At the cost

HARGOVIND MOTIBHAI DESAI,AHMEDABAD vs. ITO, WARD 3(3)(7), AHMEDABAD (EXISTING ITO WARD 3(3)(1), AHMEDABAD), VEJALPUR, AHMEDABAD

In the result, both the appeals of the assessee are allowed for statistical purposes

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

364- Rs.4,94,314), under section 68 of the Act, on the account of treatment of ITA Nos. 2190-2191/Ahd/2024 Hargovind M Desai Vs. ITO Asst. Years : 2015-16 & 2016-17 - 2– agricultural income, as unexplained Income under section 68 of the Act and therefore the learned AO should be directed to delete the said addition while computing

HARGOVIND MOTIBHAI DESAI,AHMEDABAD vs. ITO WARD 3(3)(8), AHMEDABAD (EXISTING ITO WARD 3(3)(1), AHMEDABAD), AHMEDABAD

In the result, both the appeals of the assessee are allowed for statistical purposes

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

364- Rs.4,94,314), under section 68 of the Act, on the account of treatment of ITA Nos. 2190-2191/Ahd/2024 Hargovind M Desai Vs. ITO Asst. Years : 2015-16 & 2016-17 - 2– agricultural income, as unexplained Income under section 68 of the Act and therefore the learned AO should be directed to delete the said addition while computing

GUJARAT GAS TRADIANG CO.LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-4(1),, AHMEDABAD

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

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section

GUJARAT GAS TRADIANG CO.LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-4,, AHMEDABAD

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

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT GAS TRADING CO. LTD.,, AHMEDABAD

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

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section

GUJARAT GAS TRADIANG CO.LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-4(1),, AHMEDABAD

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

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT GAS TRADING CO. LTD.,, AHMEDABAD

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

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GUJARAT GAS TRADING CO. LTD.,, AHMEDABAD

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

house / real estate agent / broker, who will be involved in merely identifying the right property for the prospective buyer / seller and once he completes the deal, he gets the commission. Thus, by no stretch of imagination, it cannot be said that the transaction partakes the character of "fees for technical services" as explained in the context of Section

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

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 1. The above captioned appeals have been filed by the assessee

M/S. ISCON MEGACITY MEMBERS ASSOCIATION ,,BHAVNAGAR vs. THE INCOME TAX OFFICER, (EXEMP. ), BHAVNAGAR

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

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./I.T.A. No.1290/Ahd/2014 ("नधा"रण वष" / Assessment Year : 2010-11)

364 001 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAAT 17824 E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से / Appellant by : Shri Tushar P.Hemani, AR ""यथ" क" ओर से/Respondent by : Shri Lalit P. Jain, Sr.DR सुनवाई क" तार"ख / Date of Hearing 18/07/2019 22/08/2019 घोषणा क" तार"ख /Date of Pronouncement आदेश / O R D E R PER SHRI

AMBE TRADECORP PVT. LTD.,AHMEDABAD vs. THE PR. CIT (CENTRAL), AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.53/Ahd/2021 िनधा"रण वष"/Asstt. Year: 2010-2011 Ambe Tradecorp Private Limited, The P.C.I.T.(Central) Iscon House, Vs. Ahmedabad. B/H. Rembrandt Building, C.G. Road, Ahmedabad.

House Ltd reported in 194 taxman 324. The relevant portion of the judgment is reproduced as hereunder: While exercising power under section 263, the Commissioner has to be satisfied that the order is prejudicial to the interest of the revenue and there are materials available on record which require the Commissioner to satisfy him in a, prima facie, manner that

THE DCIT, CIRCLE-1(1)(1), VADODARA vs. GUJARAT STATE FERTILIZER & CHEMICAL LTD, VADODARA

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

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

properties of the assessee and the Assessing Officer has not provided any basis in respect of disallowance on interest on such short- term borrowings. It was argued that the total interest received by the Company exceeds the total amount of interest paid, thereby there is no net interest expenditure incurred by the assessee that should be allocated to CWIP

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

properties of the assessee and the Assessing Officer has not provided any basis in respect of disallowance on interest on such short- term borrowings. It was argued that the total interest received by the Company exceeds the total amount of interest paid, thereby there is no net interest expenditure incurred by the assessee that should be allocated to CWIP