THE DCIT, CIRCLE-1(2),, BARODA vs. M/S. ASTRAL PHARMACEUTICALS INDUSTRIES,, BARODA

In the result, appeal, the appeal and cross-objection, both are dismissed

Bench: The Ao U/S 195(2) Of The Act, Though It Was Obligation Of The Assessee. 3. The Ld. Cit(Appeals) Erred In Law In Allowing The Claim Of The Assessee Without Appreciating The Fact That Assessee Itself Has Deducted Service Tax From The Payments Made To M/S. Urja International, Usa Which Proves That The

378 (HC-Kerala) (vi) ITO Vs Trident Exports [2014] 44 taxmann.com 297 (Chennai - Trib.) (vii) CIT Vs Model Exims (2014) 42 taxmann.com 446 (Allahabad) 33.4. Considering the various judicial precedents as mentioned above, the Assessing Officer is not justified in disallowing the commission payments made abroad on the ground that no TDS was deducted. In view of the various case

PRASHANT CHANDULAL PARIKH, HUF,AHMEDABAD vs. THE ACIT, CIRCLE-5(2)(1), AHMEDABAD

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

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 369/Ahd/2024 ("नधा"रण वष" / Assessment Year : 2017-18) बनाम/ Prashant Chandulal Assistant Commissioner Of Parikh, Huf Income Tax Vs. C/O M/S. Chandulal J Circle 5(2)(1), Ahmedabad Parikh, 303 Ushadep Complex, Nr. Navrangpura, Railway Crossing, Navrangpura, Ahmedabad 380009 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadhp9467M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Rajendera K Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Rignesh Das, Sr. Dr Date Of Hearing 19/11/2024 /11/2024 Date Of Pronouncement

property as on 01.04.1981 @ 6.20 per sq. mtr. Further, the assessee had claimed deduction of Rs.2.51 Crore under Section 54F of the Income Tax Act, 1961 (in short ‘the Act’) in respect of residential house purchased during the year. It was found by the AO that the actual construction on the purchased land was confined to the area

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE ADIT(EXEMPTION),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property. Accordingly, the ld. CIT(A) dismissed the ground of appeal of the assessee. 20. Before us, ld. counsel for the assessee appeared and argued that for both the assessment years 2003-04 and 2004-05, the facts and issues for consideration are similar. Since the facts in both the years are identical the observations and ratio

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE ADIT(EXEMPTION),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property. Accordingly, the ld. CIT(A) dismissed the ground of appeal of the assessee. 20. Before us, ld. counsel for the assessee appeared and argued that for both the assessment years 2003-04 and 2004-05, the facts and issues for consideration are similar. Since the facts in both the years are identical the observations and ratio

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property. Accordingly, the ld. CIT(A) dismissed the ground of appeal of the assessee. 20. Before us, ld. counsel for the assessee appeared and argued that for both the assessment years 2003-04 and 2004-05, the facts and issues for consideration are similar. Since the facts in both the years are identical the observations and ratio

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property. Accordingly, the ld. CIT(A) dismissed the ground of appeal of the assessee. 20. Before us, ld. counsel for the assessee appeared and argued that for both the assessment years 2003-04 and 2004-05, the facts and issues for consideration are similar. Since the facts in both the years are identical the observations and ratio

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property. Accordingly, the ld. CIT(A) dismissed the ground of appeal of the assessee. 20. Before us, ld. counsel for the assessee appeared and argued that for both the assessment years 2003-04 and 2004-05, the facts and issues for consideration are similar. Since the facts in both the years are identical the observations and ratio

SHRI PAVAN M.SHARMA L/H OF LATE MAHESH L.SHARMA,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

house property. Accordingly, the ld. CIT(A) dismissed the ground of appeal of the assessee. 20. Before us, ld. counsel for the assessee appeared and argued that for both the assessment years 2003-04 and 2004-05, the facts and issues for consideration are similar. Since the facts in both the years are identical the observations and ratio

GUJARAT FLUROCHEMICALS LIMITED.,,VADODARA vs. THE ACIT, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

378 ITR 33. The Hon’ble Delhi High Court in this case has considered judgment of Hon’ble Gujarat High Court in the case of Correctch Energy P.Ltd.(supra). The issue before the Hon’ble High Court was, whether the disallowance under section 14A of the Act can be made in a year in which no exempt income has been

GUJARAT FLUOROCHEMICALS LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

378 ITR 33. The Hon’ble Delhi High Court in this case has considered judgment of Hon’ble Gujarat High Court in the case of Correctch Energy P.Ltd.(supra). The issue before the Hon’ble High Court was, whether the disallowance under section 14A of the Act can be made in a year in which no exempt income has been

SHRI DARSHAN SHIVLAL THAKKAR,,AHMEDABAD vs. DCIT, CIRCLE-5(2),, AHMEDABAD

In the result, appeal filed by the Assessee is allowed for statistical purpose

Bench: Shri Mahavir Prasad & Shri Amarjit Singh)

house property, salary and other sources. And assessee case was selected for scrutiny notice u/s. 143(2) was issued and ld. A.O. made detailed enquiry and each and every aspect of the income including trading of share namely ‘NCL Research Ltd.’ amounting to Rs. 1,68,34,500/-. These shares were purchased by the assessee @ 91.05 in the month

ADANI ENTERPRISES LTD.,AHMEDABAD vs. THE ADDL. CIT,RANGE-1, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

property'. xix. The only additional expression in the clarification is 'use' as also illustrative and inclusive descriptions of tangible and intangible assets. Similarly, clause (d) deals with the " provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service" which are anyway covered in "provision

DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

property'. xix. The only additional expression in the clarification is 'use' as also illustrative and inclusive descriptions of tangible and intangible assets. Similarly, clause (d) deals with the " provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service" which are anyway covered in "provision

THE DCIT, CIRCLE-1,, AHMEDABAD vs. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

property'. xix. The only additional expression in the clarification is 'use' as also illustrative and inclusive descriptions of tangible and intangible assets. Similarly, clause (d) deals with the " provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service" which are anyway covered in "provision

ADANI ENTERPRISES LTD.,,AHMEDABAD vs. THE ADDL.CIT.,RANGE-1,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

property'. xix. The only additional expression in the clarification is 'use' as also illustrative and inclusive descriptions of tangible and intangible assets. Similarly, clause (d) deals with the " provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service" which are anyway covered in "provision

THE ADDL. CIT, RANGE-1,, AHMEDABAD vs. M/S. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

property'. xix. The only additional expression in the clarification is 'use' as also illustrative and inclusive descriptions of tangible and intangible assets. Similarly, clause (d) deals with the " provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service" which are anyway covered in "provision

ADANI ENTERPRISES LTD.,AHMEDABAD vs. THE ADDL. CIT,RANGE-1, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

property'. xix. The only additional expression in the clarification is 'use' as also illustrative and inclusive descriptions of tangible and intangible assets. Similarly, clause (d) deals with the " provision of services, including provision of market research, market development, marketing management, administration, technical service, repairs, design, consultation, agency, scientific research, legal or accounting service" which are anyway covered in "provision

ITO, WARD-2(1) (1), AHMEDABAD vs. M/S. EYLEX FILMS PVT. LTD., RANCHI

In the result, appeal of the Revenue is dismissed

Bench: Justice Shri P. P. Bhatt & Shri Pradip Kumar Kedia

378 (Chennai) for the proposition that revenue sharing expenses paid to the distributor of the cinematographic film out of revenue earned from exhibition of film is out of the ambit of Section 194J of the Act which in turn refers to Explanation 2 to Clause (vi) of subsection (1) of Section 9 for the purposes of ascertaining the meaning