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

56 taxmann.com 456 (SC) 2. CIT vs. Neha Builders (P) LTD. [2007] 164 Taxman 342 (Guj.) . 3. Radha Devi Dalmia Vs. CIT [1980] 4 taxman 183 (All.) 16. The Ld. CIT (A) after considering facts in totality deleted the addition made by the AO by following the order of its predecessor in the own case of the assessee

THE ACIT, (EXEMPTION) CIRCLE-1, AHMEDABAD vs. VYAKTI VIKAS KENDRA INDIA, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

56,127 15.71% 23.14% 3 501-1000 10,87,10,735 1,21,084 33.88% 57.02% 4 1001-1500 4,18,12,615 33,179 9.28% 66.30% 5 1501-2000 2

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

56,127 15.71% 23.14% 3 501-1000 10,87,10,735 1,21,084 33.88% 57.02% 4 1001-1500 4,18,12,615 33,179 9.28% 66.30% 5 1501-2000 2

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

56,127 15.71% 23.14% 3 501-1000 10,87,10,735 1,21,084 33.88% 57.02% 4 1001-1500 4,18,12,615 33,179 9.28% 66.30% 5 1501-2000 2

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

56,127 15.71% 23.14% 3 501-1000 10,87,10,735 1,21,084 33.88% 57.02% 4 1001-1500 4,18,12,615 33,179 9.28% 66.30% 5 1501-2000 2

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

ACIT,ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon’ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon’ble Gujarat High Court, on the said issues being decided in assessee

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon'ble Supreme Court) and A.Y. 2004-05 (in relation to grounds relating to interest earned on North Kerala Dairy Project Development Fund and in relation to ground relating to deduction in respect of contribution made to employees recreation ) before Hon'ble Gujarat High Court, on the said issues being decided in assessee

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon'ble Supreme Court) and A.Y. 2004-05 (in\nrelation to grounds relating to interest earned on North Kerala Dairy Project\nDevelopment Fund and in relation to ground relating to deduction in respect of\ncontribution made to employees recreation ) before Hon'ble Gujarat High Court,\non the said issues being decided in assessee

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon'ble Supreme Court) and A.Y. 2004-05 (in\nrelation to grounds relating to interest earned on North Kerala Dairy Project\nDevelopment Fund and in relation to ground relating to deduction in respect of\ncontribution made to employees recreation ) before Hon'ble Gujarat High Court,\non the said issues being decided in assessee

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

viii) of the Act before Hon'ble Supreme Court) and A.Y. 2004-05 (in\nrelation to grounds relating to interest earned on North Kerala Dairy Project\nDevelopment Fund and in relation to ground relating to deduction in respect of\ncontribution made to employees recreation ) before Hon'ble Gujarat High Court,\non the said issues being decided in assessee

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

viii) of the Act before Hon'ble Supreme Court) and A.Y. 2004-05 (in\nrelation to grounds relating to interest earned on North Kerala Dairy Project\nDevelopment Fund and in relation to ground relating to deduction in respect of\ncontribution made to employees recreation ) before Hon'ble Gujarat High Court,\non the said issues being decided in assessee