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

In the result, the appeal filed by the Revenue in ITA No

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

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2009–10, 2011-12, 2013-14 I.T.A Nos. 388, 379,/Ahd/2023 and Ors. A.Ys. 2009-10, 2011-12 and Ors. Page No 2 ACIT(E) Vs. Vadodara Urban Development Authority & 2014-15. Since common issue is involved in all these

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

In the result, the appeal filed by the Revenue in ITA No

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

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Years 2009–10, 2011-12, 2013-14 I.T.A Nos. 388, 379,/Ahd/2023 and Ors. A.Ys. 2009-10, 2011-12 and Ors. Page No 2 ACIT(E) Vs. Vadodara Urban Development Authority & 2014-15. Since common issue is involved in all these

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: The Itat Ahmedabad Vide Ita No. 3289/Ahd/2002 & 3343/Ahd/2002. Addition On Account Of Profit On Sale Of Depb For The Purpose Of Rs.11,41,480 Deduction U/S.80Ia Deduction U/S.115Jb(2) In Respect Of Book Losses Of Pradeep Drug Rs.3, 39,12,399

264/- on 20th December, 2001. The assessment u/s. 143(3) of the act was completed on 28th March, 2003 determining total income at Rs. 33,62,42,071/- under normal provision of the act. The assessing officer has also initiated penalty proceedings u/s. 271(1)(c) of the act in respect of addition made in the assessment order which were

MARDIA COPPER EXTRUTIONS PVT.LTD.,AHMEDABAD vs. DCIT, CIRCLE-2(1)(2),, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 229/Ahd/2018 "नधा"रण वष"/Asstt. Year: 1990-1991 M/S Mardia Copper Extrusions Pvt. Ltd., D.C.I.T, C/O Mehta Lodha & Co., Vs. Circle-2(1)(2), 105, Sakar-I, Near Gandhigram Railway Ahmedabad. Station, Off Ashram Road, Ahmedabad-380009. Pan: Aabcm3848G

u/s 271(1)(c) of the Act at Rs. 16,66,271/- only being 100% of the amount of tax sought to be evaded. 3. The aggrieved assessee preferred an appeal before the Ld. CIT (A). The assessee before the Ld. CIT (A) reiterated the submission as before the AO. Page 4 of 11 Asstt. Year

DCIT CENTRAL CIRCLE 1(1) AHMEDABAD, AHMEDABAD vs. PINAC STOCK BROKERS PRIVATE LIMITED, AHMEDABAD

In the result, the appeal filed by the Revenue is hereby dismissed

Bench: Dr.Brr Kumar & Shri T.R Senthil Kumar

u/s. 263 of the Act by giving effect to the quantum order. For ready reference section 275 [1A] is reproduced as under: I.T.A No. 858/Ahd/2024 A.Y. 2011-12 Page No 7 DCIT Vs. Pinac Stock Brokers Pvt. Ltd. “… [(1-A) In a case where the relevant assessment or other order is the subject matter of an appeal to the Commissioner

VADODARA ENVIRO CHANNEL LTD.,(FORMERLY KNOWN AS EFFLUENT CHANNEL PROJECT LTD.),VADODARA vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2),, VADODARA

In the result, the appeals filed by the Assessee are allowed for statistical purposes

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

u/s 271(1)(c) was levied by him vide order dated 19-06- I.T.A Nos. 2387/Ahd/15 & 2094/Ahd/17 A.Y. 2011-12 Page No 3 Vadodara Enviro Channel Ltd. vs. ACIT 2015 (which is subject matter of ITA No. 2387/Ahd/2015). Subsequently, the AO provided another opportunity of being heard to the assessee and then levied a penalty of Rs.1

VADODARA ENVIRO CHANNEL LTD. (FORMERLY KNOWN AS EFFLUENT CHANNEL PROJECT LTD.),,BARODA vs. THE ACIT.,CIRCLE-1(2),, BARODA

In the result, the appeals filed by the Assessee are allowed for statistical purposes

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

u/s 271(1)(c) was levied by him vide order dated 19-06- I.T.A Nos. 2387/Ahd/15 & 2094/Ahd/17 A.Y. 2011-12 Page No 3 Vadodara Enviro Channel Ltd. vs. ACIT 2015 (which is subject matter of ITA No. 2387/Ahd/2015). Subsequently, the AO provided another opportunity of being heard to the assessee and then levied a penalty of Rs.1

THE CO. OP. CRE SOC. OF VIS LIMITED,MEHSANA vs. THE DY. CIT, CIRCLE GANDHINAGAR, GANDHINAGAR

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

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2016-17. I.T.A No. 786/Ahd/2025 A.Y. 2016-17 Page No 2 The Co.op Credit Society of VIS Ltd. vs. DCIT 2. At the outset, Ld. Counsel submitted that the Co-ordinate Bench of this Tribunal in assessee’s own case

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE INCOME TAX OFFICER, WARD-4(1), BARODA

In the result, both appeals of the assessee are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 1864/Ahd/2013 "नधा"रण वष"/Assessment Year: 2005-06 & "नधा"रण वष"/Assessment Year: 2006-2007 Welspun Projects (Formerly Known Ito, Ward-4(1) As Msk Projects (India) Ltd. Vs Baroda. 707-708, Sterling Centre R.C.Dutt Road, Alkapuri Baroda 390 005. Pan : Aabcm 4107 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vartik Chokshi With Shri Biren Shah, Ar Revenue By : Smt.Aparna M. Agrawal, Dr

271(1)(c) of the Act on 25.3.2013 alleging that the company had filed inaccurate particulars of income while filing its return, and therefore, against the order of the CIT(A) it has been forced to file the appeal, otherwise, it would be burdened with penalty as well as directors would be exposed to criminal proceedings. He further contended that

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE DY.CIT, RANGE-4,, BARODA

In the result, both appeals of the assessee are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 1864/Ahd/2013 "नधा"रण वष"/Assessment Year: 2005-06 & "नधा"रण वष"/Assessment Year: 2006-2007 Welspun Projects (Formerly Known Ito, Ward-4(1) As Msk Projects (India) Ltd. Vs Baroda. 707-708, Sterling Centre R.C.Dutt Road, Alkapuri Baroda 390 005. Pan : Aabcm 4107 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vartik Chokshi With Shri Biren Shah, Ar Revenue By : Smt.Aparna M. Agrawal, Dr

271(1)(c) of the Act on 25.3.2013 alleging that the company had filed inaccurate particulars of income while filing its return, and therefore, against the order of the CIT(A) it has been forced to file the appeal, otherwise, it would be burdened with penalty as well as directors would be exposed to criminal proceedings. He further contended that

CADILA HEALTHCARE LTD.,AHMEDABAD vs. DCIT, CIRCLE-1(1)(2), AHMEDABAD

In the result, appeal of the assessee is allowed

penalty proceedings u/s 271(1)(c) of the IT. Act in respect of each of the additions made by him in the assessment order u/s 143(3) r.w.s.144C(13) r.w.s. 254. The appellant prays that leave may be granted to add, amend or alter any of the grounds at any time before the final hearing of the appeal

DHARMENDRA VISHNUBHAI PATEL,AHMEDABAD vs. ITO, WARD-1,, GANDHINAGAR

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

Bench: Shri N.K. Billaiya & Shri Mahavir Prasad)

271(1)(c) of the Act in respect of long term capital gain of Rs. 47,93,267/-. 3. At the very outset, the ld. counsel for the assessee stated that the Principal Commissioner, Gandhinagar has deleted the penalty of Rs. 10,00,399/- vide order dated 15.03.2017 framed u/s. 264

M/S. DESCHEM TECHNOLOGICAL RESOURCES PRIVATE LIMITED,,BARODA vs. THE INCOME TAX OFFICER, WARD-1(2),, BARODA

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1551/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2005-2006 M/S Deschem Technologies Resources I.T.O., Pvt. Ltd., Vs. Ward-1(2), 106 To 108, Baroda. Shreeji Avenue, Opp. New India Mill, Jetapur Road, Baroda-390035. Pan: Aabcd7163P

u/s 68 of the Act to the tune of Rs.1, 18, 06.330/-although necessary conditions such as identity of the persons, genuineness of the transaction and creditworthiness of the persons advancing loans are fulfilled. While doing so, the Id CIT (Appeals) out rightly rejected the additional evidences furnished by the appellant although the same was covered by Rule

THE ITO, WARD-2(4),, BARODA vs. SHRI PRADEEPSHANKAR B. JHA, BARODA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

264 of 2013 wherein search and seizure action was carried out at the premises of the assessee and assessment was completed u/s. 158BE of the Act determining total income at Rs. 1,93,94,403/-. The assessee preferred an appeal before ld. CIT(A) and ld. CIT(A) thought it fit to hold an inquiry u/s

THE ITO, WARD-1(2)(4),, VADODARA vs. SHRI PRADEEPSHANKAR B. JHA,, VADODARA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

264 of 2013 wherein search and seizure action was carried out at the premises of the assessee and assessment was completed u/s. 158BE of the Act determining total income at Rs. 1,93,94,403/-. The assessee preferred an appeal before ld. CIT(A) and ld. CIT(A) thought it fit to hold an inquiry u/s

THE ACIT, CIRCLE-2(2),, BARODA vs. SHRI PRADEEPSHANKAR B. JHA, BARODA

In the result, ground no. 4 of Revenue ‘s appeal is dismissed

264 of 2013 wherein search and seizure action was carried out at the premises of the assessee and assessment was completed u/s. 158BE of the Act determining total income at Rs. 1,93,94,403/-. The assessee preferred an appeal before ld. CIT(A) and ld. CIT(A) thought it fit to hold an inquiry u/s

SCHAEFFLER INDIA LIMITED (EARLIER KNOWN AS FAG BEARINGS INDIA LTD.),VADODARA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2) NOW CIRCLE-1(1)(1), VADODARA

Appeals are partly allowed for statistical purposes and Department’s appeals are dismissed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

penalty proceedings u/s 271(1)(c) of the Act. 13) Your Appellant craves the right to add to or alter, amend, substitute, delete or modify all or any of the above grounds of appeal.” Grounds 1 to 5 (Disallowance of expenses under Section 37 of the Act – Rs. 2,37,15,585/-) ITA Nos. 133 to 137/Ahd/2023

SCHAEFFLER INDIA LIMITED (EARLIER KNOWN AS FAG BEARINGS INDIA LTD.),VADODARA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2) NOW CIRCLE-1(1)(1), VADODARA

Appeals are partly allowed for statistical purposes and Department’s appeals are dismissed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

penalty proceedings u/s 271(1)(c) of the Act. 13) Your Appellant craves the right to add to or alter, amend, substitute, delete or modify all or any of the above grounds of appeal.” Grounds 1 to 5 (Disallowance of expenses under Section 37 of the Act – Rs. 2,37,15,585/-) ITA Nos. 133 to 137/Ahd/2023