THE ACIT, CIRCLE-3(2),, AHMEDABAD vs. VISHAL ENGINEERING & GALVANIZERS,, AHMEDABAD

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

45 (4) is not attracted as the very first condition of transfer by way of distribution of assets was not satisfied. For the sake of clarity the facts of the case, in brief, are reproduced as under: - “The assessee-firm was consisted of sixteen partners. The assets of the assessee were revalued on 31-7-1994 and thereafter

DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,,AHMEDABAD vs. THE ACIT.,(OSD)RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

4,000 to AE, as well as geographical factors and FAR Analysis. (c) Geographical factors : As Above (1). (d) Regularity of transaction : As above (1). 16 Tetra ButyleAmm. 13,69,800 (a) FAR Analysis : As Above. Hy. (b) Quantity Factor : The instances taken by the ld. TPO has summarised as under : Country Qty. Avg. Rate Germany 500 743.52 Japan

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

4,000 to AE, as well as geographical factors and FAR Analysis. (c) Geographical factors : As Above (1). (d) Regularity of transaction : As above (1). 16 Tetra ButyleAmm. 13,69,800 (a) FAR Analysis : As Above. Hy. (b) Quantity Factor : The instances taken by the ld. TPO has summarised as under : Country Qty. Avg. Rate Germany 500 743.52 Japan

THE ACIT,(OSD)RANGE-1,, AHMEDABAD vs. M/S. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

4,000 to AE, as well as geographical factors and FAR Analysis. (c) Geographical factors : As Above (1). (d) Regularity of transaction : As above (1). 16 Tetra ButyleAmm. 13,69,800 (a) FAR Analysis : As Above. Hy. (b) Quantity Factor : The instances taken by the ld. TPO has summarised as under : Country Qty. Avg. Rate Germany 500 743.52 Japan

DISHMAN PHARMACEUTICALS & CHEMICALS LIMITED,,AHMEDABAD vs. THE ACIT, (OSD),RANGE-1,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

4,000 to AE, as well as geographical factors and FAR Analysis. (c) Geographical factors : As Above (1). (d) Regularity of transaction : As above (1). 16 Tetra ButyleAmm. 13,69,800 (a) FAR Analysis : As Above. Hy. (b) Quantity Factor : The instances taken by the ld. TPO has summarised as under : Country Qty. Avg. Rate Germany 500 743.52 Japan

THE DCIT(OSD)RANGE-1,, AHMEDABAD vs. DISHMAN PHARMACEUTICALS & CHEMICALS LTD.,, AHMEDABAD

In the result, we allow appeal of the assessee and delete penalty confirmed by the ld

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

4,000 to AE, as well as geographical factors and FAR Analysis. (c) Geographical factors : As Above (1). (d) Regularity of transaction : As above (1). 16 Tetra ButyleAmm. 13,69,800 (a) FAR Analysis : As Above. Hy. (b) Quantity Factor : The instances taken by the ld. TPO has summarised as under : Country Qty. Avg. Rate Germany 500 743.52 Japan

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

reassessment order the Assessing Officer disallowed the claim for deduction u/s.80-IA(4). The Assessing Officer has recorded his finding at pages 8 to 10 of his order. He has mentioned that during the previous year relevant to this assessment year the appellant-company was only a Civil Contractor. He has mentioned that the appellant-company worked only

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

reassessment order the Assessing Officer disallowed the claim for deduction u/s.80-IA(4). The Assessing Officer has recorded his finding at pages 8 to 10 of his order. He has mentioned that during the previous year relevant to this assessment year the appellant-company was only a Civil Contractor. He has mentioned that the appellant-company worked only

M/S MSK PROJECTS (INDIA) LTD.,BARODA vs. THE ACIT, CIRCLE -4(1),, BARODA

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 3142/Ahd/2011 िनधा"रण वष"/Asstt. Year: 2004-2005 M/S. Welspun Projects Limited, Income Tax Officer, (Formerly Known As Msk Project Vs. Ward-4(1), (India) Ltd.,) Vadodara. 707-708, Sterling Centre, R.C. Dutt Road, Vadodara.

section 80 IA(4) of the Act. Asstt. Year 2004-05 4 9. We have heard the rival contentions of both the parties and perused the materials available on record. The Hon’ble Gujarat High Court in the case of Sadbhav Engineering Ltd versus DCIT reported in 45 taxmann.com 388 held that there cannot be any reassessment

ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS CADILA HEALTHCARE LTD.),AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

reassessment, as the case maybe, under the said sub-sections (1), (2) and (3) shall be extended by twelve months. Section 153 of the Act does not permit passing any order after the expiry of 33 months from the end of the assessment year i.e. AY 2016-17 in the present case. Therefore, the time limit for completing assessment

ACIT CC 2(3) AHMEDABAD, AHMEDABAD vs. AISHA DHIRAJ GOGIA, AHMEDABAD

In the result: 50. To summarize the final outcome:

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha["ी संजय गग", "ाियक सद" एवं "ी नरे" साद िस!ा, लेखा सद" के सम#।]

reassess total income under section 153A is fundamentally triggered by the discovery of such incriminating material. If no such material is found, the completed assessment attains finality and no additions can be made. 9.3. In the instant case, it is an admitted fact, and was also fairly conceded by the Ld. DR during the course of hearing, that no incriminating

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

reassessment or recomputation may be taken. 33.1 The provisions of subsection (1) of section 150 of the Act overrides the time limit provided under subsection 149 of the Act for issuing the notice under section 148 of the Act, for making assessment or assessment in consequence to any finding given by the appellate authority under

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

reassessment or recomputation may be taken. 33.1 The provisions of subsection (1) of section 150 of the Act overrides the time limit provided under subsection 149 of the Act for issuing the notice under section 148 of the Act, for making assessment or assessment in consequence to any finding given by the appellate authority under

SHIVGANGA PROPERTY HOLDERS PVT. LTD,AHMEDABAD vs. ITO, WARD-4(1)(3), AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) / Cos By :

4. We first address the legal challenge to the reassessment proceedings raised by the assessees in their appeals and cross-objections. Since the facts and the basis of additions are identical in both cases, except for the quantum, we proceed to examine the issues in ITA No. 2205/Ahd/2018 – Shri Vighnaharta Realty Pvt. Ltd. vs. ITO as the lead case

ITO, WARD-4(1)(3), AHMEDABAD vs. SHIVGANGA PROPERTY HOLDERS PVT. LTD, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) / Cos By :

4. We first address the legal challenge to the reassessment proceedings raised by the assessees in their appeals and cross-objections. Since the facts and the basis of additions are identical in both cases, except for the quantum, we proceed to examine the issues in ITA No. 2205/Ahd/2018 – Shri Vighnaharta Realty Pvt. Ltd. vs. ITO as the lead case

THE ITO, WARD-4(1)(3), AHMEDABAD vs. SHRI VIGHNAHARTA REALITY PVT. LTD., AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) / Cos By :

4. We first address the legal challenge to the reassessment proceedings raised by the assessees in their appeals and cross-objections. Since the facts and the basis of additions are identical in both cases, except for the quantum, we proceed to examine the issues in ITA No. 2205/Ahd/2018 – Shri Vighnaharta Realty Pvt. Ltd. vs. ITO as the lead case

ITO, WARD-2(2)(2), AHMEDABAD vs. JASMIN JAYENDRABHAI THAKKAR, AHMEDABAD

In the result, we answer the question in the affirmative i

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

4. Your explanation should reach the undersigned on or before 30.05.2016. Please note that if you fail to furnish any explanation by the given date, assessment in your case for the assessment year may be finalized u/s 144 of the Income Tax Act, without affording any further opportunity. Non-compliance to the notice will leads to penalty proceedings

ITO, WARD-2(2)(2), AHMEDABAD vs. JASMIN JAYENDRABHAI THAKKAR, AHMEDABAD

In the result, we answer the question in the affirmative i

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

4. Your explanation should reach the undersigned on or before 30.05.2016. Please note that if you fail to furnish any explanation by the given date, assessment in your case for the assessment year may be finalized u/s 144 of the Income Tax Act, without affording any further opportunity. Non-compliance to the notice will leads to penalty proceedings