JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

391 to 394 of the Companies Act, 1956 (1 of 1956), by a demerged company of its one or more undertakings to any resulting company in such a manner that— (i) all the property of the undertaking, being transferred by the demerged company, immediately before the demerger, becomes the property of the resulting company by virtue of the demerger

SMT. VANITA VASWANI,AHMEDABAD vs. THE PR. CIT (CENTRAL), AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedassessment Years : 2010-11 Smt. Vanita Vaswani, The Pcit (Central), 2, Samprat Co-Op. Housing Vs Ahmedabad Society Limited, Opp. Rivera, 11, Prahladnagar, Ahmedabad - 380015 Pan : Aakpv 7868 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "त् "त् यथ" "त् "त् यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Tushar Hemani, Sr. Advocate Shri Parimalsinh B Parmar, Ar & Shri Vijay Govani, Ar Revenue By : Shri Virendra Ojha, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 28/07/2021 घोषणा क" तारीख /Date Of Pronouncement: 17/09/2021 आदेश/O R D E R आदेश आदेश आदेश Per Rajpal Yadav: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax (Central), Ahmedabad Dated 28.03.2021, Passed Under Section 263 Of The Income Tax Act, 1961 (In Short “The Act”), For Assessment Year 2010-2011. The Assessee Has Taken 7 Grounds Of Appeal Which Read As Under:- “1. The Ld. Pcit (Central), Ahmedabad ("The Pcit") Has Erred On Facts & In Law In Invoking Jurisdiction U/S 263 Of The Income Tax Act, 1961 ("The Act") & Has Further Erred In Directing The Ld. Ao To Pass Fresh Assessment Order Incorporating The Market Value Of The Property As Per Section 50C Of The Act. 2. The Ld. Pcit Has Erred On Facts & In Law In Passing Order U/S 263 Of The Income Tax Act, 1961 In The Case Of The Appellant In Failing To Take Smt. Vanita Vaswani Vs. Pr. Cit Ay : 2010-2011 2

Housing Vs Ahmedabad Society Limited, Opp. Rivera, 11, Prahladnagar, Ahmedabad - 380015 PAN : AAKPV 7868 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "त् "त् यथ" "त् "त् यथ" यथ"/ (Respondent) यथ" Assessee by : Shri Tushar Hemani, Sr. Advocate Shri Parimalsinh B Parmar, AR & Shri Vijay Govani, AR Revenue by : Shri Virendra Ojha, CIT-DR सुनवाई क" तारीख/Date of Hearing : 28/07/2021 घोषणा

JAYSHRIBEN BHARATBHAI PATEL,VADODARA vs. THE ITO, WARD-1(3)(2), VADODARA

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

Bench: Smt.Annapurna Guptaasstt.Year :2011-12 Jayshriben Bharatbhai Patel Ito, Ward-1(3)(2) Village :Garadi Vs Vadodara. Taluka :Sinor Vadodara 391 210 Pan : Bjupp 1758 E

391 210 PAN : BJUPP 1758 E (Applicant) (Responent) Assesseeby : Shri Sanjay R. Shah : Shri Mukesh Thakwani, DR Revenue by सुनवाई क" तार"ख/Date of Hearing : 05/09/2022 घोषणा क" तार"ख /Date of Pronouncement: 02/12/2022 आदेश/O R D E R The present appeal has been filed by the assessee against order passed by the Commissioner of Income Tax(Appeals

JT.CIT(E),CIRCLE -2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

properties, the boards may be permitted only to lease out their assets and receive rents. 177. The answers to these, in the opinion of this court, are that the definition ipso facto does not spell out whether certain kinds of income can be excluded. However, the reference to specific provisions enabling or mandating collection of certain rates, tariffs or costs

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE ACIT, CIRCLE-2 (EXEMP), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

properties, the boards may be permitted only to lease out their assets and receive rents. 177. The answers to these, in the opinion of this court, are that the definition ipso facto does not spell out whether certain kinds of income can be excluded. However, the reference to specific provisions enabling or mandating collection of certain rates, tariffs or costs

JT.CIT(EXEMPTION)CIRCL-2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

properties, the boards may be permitted only to lease out their assets and receive rents. 177. The answers to these, in the opinion of this court, are that the definition ipso facto does not spell out whether certain kinds of income can be excluded. However, the reference to specific provisions enabling or mandating collection of certain rates, tariffs or costs

JT.CIT(E), CIRCLE-2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

properties, the boards may be permitted only to lease out their assets and receive rents. 177. The answers to these, in the opinion of this court, are that the definition ipso facto does not spell out whether certain kinds of income can be excluded. However, the reference to specific provisions enabling or mandating collection of certain rates, tariffs or costs

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE ACIT, CIRCLE-2 (EXEMP), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

properties, the boards may be permitted only to lease out their assets and receive rents. 177. The answers to these, in the opinion of this court, are that the definition ipso facto does not spell out whether certain kinds of income can be excluded. However, the reference to specific provisions enabling or mandating collection of certain rates, tariffs or costs

VADODARA URBAN DEVELOPMENT AUTHORITY,VADODARA vs. THE ACIT, CIRCLE-2 (EXEMP), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

properties, the boards may be permitted only to lease out their assets and receive rents. 177. The answers to these, in the opinion of this court, are that the definition ipso facto does not spell out whether certain kinds of income can be excluded. However, the reference to specific provisions enabling or mandating collection of certain rates, tariffs or costs

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

house R and D Centre. This clam was made on the basis of recognition issued by the DSIR to erstwhile Celestial Biologicals Ltd. for the period of three years from 1.4.2013. The Co-ordinate Bench, in its order for A.Y. 2013–14, has already accepted such claims as allowable u/s 35(2AB), following the decision of the Hyderabad Bench

INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

house R and D Centre. This clam was made on the basis of recognition issued by the DSIR to erstwhile Celestial Biologicals Ltd. for the period of three years from 1.4.2013. The Co-ordinate Bench, in its order for A.Y. 2013–14, has already accepted such claims as allowable u/s 35(2AB), following the decision of the Hyderabad Bench

THE ITO, WARD-2(1)(1),, AHMEDABAD vs. M/S. GPSAR HEALTHCARE LTD.,, AHMEDABAD

In the result, both the appeals filed by the revenue on this issue for A

house property, capital gain, interest on security and any other sources but income from other business activities. Now, with regard to the allocation of the expenditures, the appellant has simply contended that on the share trading business, it had only incurred the fund management expenses of Rs.1,24,488/- and no other expenses have been incurred is found not correct

GPSAR HEALTH CARE LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-4,, AHMEDABAD

In the result, both the appeals filed by the revenue on this issue for A

house property, capital gain, interest on security and any other sources but income from other business activities. Now, with regard to the allocation of the expenditures, the appellant has simply contended that on the share trading business, it had only incurred the fund management expenses of Rs.1,24,488/- and no other expenses have been incurred is found not correct

SUN PHARMA LABORATORIES LTD.,,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

House, Western Express Highway, Goregaon East, Mumbai-400063. PAN: AACCS6163P (Appellant) (Respondent) Assessee Represented: Shri SN Soparka, Sr.Advocate with Shri Parin Shah, AR Revenue Represented: Dr.Darsi Suman Ratnam, CIT-DR Date of hearing : 25-07-2024 Date of pronouncement : 09-10-2024 आदेश/ORDER PER T.R SENTHIL KUMAR, JUDICIAL MEMBER:- These cross appeals are filed by the Assessee

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

House, Western Express Highway, Goregaon East, Mumbai-400063. PAN: AACCS6163P (Appellant) (Respondent) Assessee Represented: Shri SN Soparka, Sr.Advocate with Shri Parin Shah, AR Revenue Represented: Dr.Darsi Suman Ratnam, CIT-DR Date of hearing : 25-07-2024 Date of pronouncement : 09-10-2024 आदेश/ORDER PER T.R SENTHIL KUMAR, JUDICIAL MEMBER:- These cross appeals are filed by the Assessee

LOXIM INDUSTRIES LTD.,AHMEDABAD vs. DCIT (OSD)-1, CIRCLE-4,, AHMEDABAD

In the result, the captioned appeal of assessee is allowed

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kedia

391 ITR 274 (SC). Learned counsel further supported his case by the judgment rendered by the Hon’ble Gujarat High Court in CIT vs. Ace Software Exports Ltd. Tax Appeal No. 831 of 2012 judgment dated 01.03.2013 and Pr.CIT vs. Infosys BPO Ltd. [2021] 123 taxmann.com 216 (Karnataka). ITA No. 1564/Ahd/18 [Loxim Industries Ltd. vs. DCIT

SMT. PRITIBEN BHARATBHAI SHAH,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(3),, AHMEDABAD

In the result, the appeal of the assesseeis partly allowed

Bench: Shri Sudhanshu Srivastava&Shri Amarjit Singhआयकर अपील सं./I.T.A. No.2445/Ahd/2016 ("नधा"रण वष" / Assessment Year:2013-14) Smt. Pritiben Bharatbhai Ito बनाम/ Shah Ward-5(2)(3), Vs. 18, Shree Society, Ahmedabad Panchavati 2Nd Lane, Ambawadi, Ahmedabad- 380006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ain Ps4 004 R .. (अपीलाथ"/Appellant) (""यथ" / Respondent)

house property, capital gain and income from other ITA No. 2445/AHD/2016 A.Y. 2013-14 sources. The remaining fact of the case are discussed while adjudicating the different ground of appeal filed by the assessee as under:- “1. Ld.CIT(A) erred in law and on facts in confirming disallowance made by AO of Rs. 9,78,102/- claimed from interest

PATEL KENWOOD PRIVATE LIMITED,ANKLESHWAR vs. INCOME TAX OFFICER, VADODARA

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

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

391 of the Paper Book. Ld. Counsel further drawn our attention to the comparable market rental price of the property from various rental websites. Thus pleaded considering the carpet area of the apartment with fully furnished facilities, the rent paid by the assessee company is equivalent to the market price prevailing in the VIP Road, Vesu, Surat. Thus the partial

PATEL KENWOOD PRIVATE LIMITED,ANKLESHWAR vs. INCOME TAX OFFICER, VADODARA

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

Bench: Shri Ramit Kochar (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

391 of the Paper Book. Ld. Counsel further drawn our attention to the comparable market rental price of the property from various rental websites. Thus pleaded considering the carpet area of the apartment with fully furnished facilities, the rent paid by the assessee company is equivalent to the market price prevailing in the VIP Road, Vesu, Surat. Thus the partial