GUJARAT TECHNOLOGICAL UNIVERSITY,,AHMEDABAD, GUJARAT vs. COMMISSIONER OF INCOME TAX, EXEMPTION, AHMEDABAD, GUJARAT

In the result, the above ground of appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

reassessment proceedings u/s 147 of the Act. 4. The learned CIT(E) erred in fact and in law in invoking revision power u/s 263 of the Act on an issue of allowability of exemption u/s 11 of the Act despite the fact that proceeding u/s 263 cannot be initiated on debatable issue. Gujarat Technological University

SUN PHARMACEUTICALS INDUSTRIES LTD.,,BARODA vs. THE ACIT, CENTRAL CIRCLE-1, BARODA

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy1. आयकर अपील सं./Ita No.1659/Ahd/2015 2. आयकर अपील सं./Ita No.1689/Ahd/2015 ("नधा"रण वष"/Assessment Year : 2008-09 ) बनाम/ 1. Sun Pharmaceuticals 1. The Acit Industries Ltd. Cen.Cir-1 Vs. “Sparc” Tandalja Baroda – 20 2. The Acit 2. Sun Pharmaceu- Central Circle-1 Ticals Industries Baroda Ltd. Baroda. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadcs 3124K (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By : Shri S.N. Soparkar, Ar ""यथ" क" ओर से/Respondent By: Shri R.C. Panday, Cit-Dr सुनवाई क" तार"ख/ Date Of Hearing 28/03/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/06/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Cross-Appeals Have Been Filed At The Instance Of The Assessee & Revenue Against The Order Of The Commissioner Of Income Tax (Appeals)–2, Vadodara [Cit(A) In Short] Vide Appeal No.Cab/(A)- 2/387/2014-15 Dated 31/03/2015 Arising In The Assessment Order Passed Under S.143(3) R.W.S.147 Of The Income Tax Act, 1961(Hereinafter Referred To As "The Act") Dated 14/02/2014 Relevant To Assessment Year (Ay) 2008-09. Ita Nos.1659/Ahd/2015 (By Assessee) & Ita No.1689/Ahd/2015 (By Revenue) Sun Pharmaceuticals Industries Ltd. Vs. Acit Asst.Year - 2008-09 2

u/s. 133A of the Act, it was found that the assessee is the flagship company of Sun Pharma Group and it is carrying out the Research and Development work for the entire Sun Pharma group which includes Research & Development of the products which are manufactured by a firm called Sun Pharmaceuticals Industries (SPl) having manufacturing units at ' Jammu

THE DY. CIT, CIRCLE-3(1)(2),, AHMEDABAD vs. M/S. RASNA PVT. LTD.,, AHMEDABAD

In the result, the appeal for the assessment year 2006-07 (i

Bench: Shri Waseem Ahmed & Shri Mahavir Prasad)

154 for allowing depreciation on non compete territory rights consequent to appellate orders including order of Gujarat High Court. The A.O. dealt with this issue in the order u/s.154 passed on 16/9/2015 and observation of the A.O. were as under:- "Vide application dated 22/08/2015 bearing ASK No.278240815008029, assesee had requested that in appeal effect for CIT(A)'s order dated

MAUNANG FARMS PVT.LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(1)(4),(NOW ACIT., CENTRAL CIRCLE-1(3),, AHMEDABAD

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

u/s. 154 of the Act vide letter dated 09.01.2020 before the AO, however, the appellant company had not received any rectification order till date. (v) In the rectification application u/s.154 of the Act dated 09.01.2020, the appellant had contended that according to various judicial pronouncements by various courts if the difference between valuation adopted by the Stamp Valuation Authority

SHRI RAVINDRASINH N.GOHIL,,BHAVNAGAR vs. INCOME TAX OFFICE,WARD-1(1),, BHAVNAGAR

Appeal is allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

147". In other words, when no reasons are recorded for reopening the assessment prior to issuance of notice, the reassessment proceedings must fail for that reason alone. However, for the reasons we will set out now, the conclusions will be no different even if it is presumed that this communication, extracts from which are reproduced before, only conveys the reasons

SHRI RAVINDRASINH N.GOHIL,,BHAVNAGAR vs. INCOME TAX OFFICE,WARD-1(1),, BHAVNAGAR

Appeal is allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

147". In other words, when no reasons are recorded for reopening the assessment prior to issuance of notice, the reassessment proceedings must fail for that reason alone. However, for the reasons we will set out now, the conclusions will be no different even if it is presumed that this communication, extracts from which are reproduced before, only conveys the reasons

RAM KISHOR SONI,AHMEDABAD vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI PRESENT AO: THE ITO, WARD-4(2)(1), AHMEDABAD

154 instead of\nsection 147.\n2. The learned CIT(A) has erred in law and on facts in rejecting ground no.1\nrelating to validity of assessment, ground no.2 for addition u/s.69A of\nRs.2,36,13,831 and ground no.3 for computing wrong tax liabilities by\nway of additional tax on the ground of appeal being for rectification order\nand

RAM KISHOR SONI,AHMEDABAD vs. NATIONAL FACELESS ASSESSMENT CENTRE, DELHI PRESENT AO: THE ITO, WARD-4(2)(1), AHMEDABAD

154 instead of\nsection 147.\n2. The learned CIT(A) has erred in law and on facts in rejecting ground no.1\nrelating to validity of assessment, ground no.2 for addition u/s.69A of\nRs.2,36,13,831 and ground no.3 for computing wrong tax liabilities by\nway of additional tax on the ground of appeal being for rectification order\nand

SHRI MUKESH R.SHAH,AHMEDABAD vs. THE ACIT.,CIRCLE-6,, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Smt. Suchitra Kambleasstt Year - 2001-02

reassessment was made under section 147 of the Act vide order dated 31.12.2007 which was further rectified by the AO vide order passed under section 154 of the Act dated 12.2.2008. Both these orders of the AO were upheld by the CIT(A), against which the ITA No.736/Ahd/2005 and 6 Others Shri Mukesh Rasiklal Shah and Another Vs. ACIT

SHRI MUKESH RASIKLAL SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER, CENT.WARD-1(1),, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Smt. Suchitra Kambleasstt Year - 2001-02

reassessment was made under section 147 of the Act vide order dated 31.12.2007 which was further rectified by the AO vide order passed under section 154 of the Act dated 12.2.2008. Both these orders of the AO were upheld by the CIT(A), against which the ITA No.736/Ahd/2005 and 6 Others Shri Mukesh Rasiklal Shah and Another Vs. ACIT

SHRI MUKESH R.SHAH,AHMEDABAD vs. THE INCOME TAX OFFICER, CENT.WARD-1(1),, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Smt. Suchitra Kambleasstt Year - 2001-02

reassessment was made under section 147 of the Act vide order dated 31.12.2007 which was further rectified by the AO vide order passed under section 154 of the Act dated 12.2.2008. Both these orders of the AO were upheld by the CIT(A), against which the ITA No.736/Ahd/2005 and 6 Others Shri Mukesh Rasiklal Shah and Another Vs. ACIT

SHRI MUKESH R.SHAH,AHMEDABAD vs. THE ACIT.,CIRCLE-6,, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Smt. Suchitra Kambleasstt Year - 2001-02

reassessment was made under section 147 of the Act vide order dated 31.12.2007 which was further rectified by the AO vide order passed under section 154 of the Act dated 12.2.2008. Both these orders of the AO were upheld by the CIT(A), against which the ITA No.736/Ahd/2005 and 6 Others Shri Mukesh Rasiklal Shah and Another Vs. ACIT

ARVINDKUMAR AMULKH TANNA,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-2 (3), AHMEADABAD

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

154 10,99,43,284 2,97,34,926 2,79,81,468 8,52,11,191 3,44,69,278 153A in Rs. Since the Ld.CIT(A) allowed the appeal in part, the Revenue is in appeal(s) before us, and the assessee filed two appeals and Cross Objections. Following are the grounds: 3. Grounds raised by the Revenue

THE KALUPUR COMMERCIAL CO.-OPERATIVE BANK LTD.,,AHMEDABAD vs. THE ACIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

147 of the Act was passed on 26th June 2018. In this order, the total income was determined at ₹57,57,86,310/- after making an addition of ₹20,93,683/-, with the total tax demand raised at ₹18,05,69,244/-. After giving tax credit of ₹19,00,32,487/-, a refund of ₹94,63,243/- was determined. Additionally

SHRI RATNESH METAL INDUSTRIES PRIVATE LIMITED,,AHMEDABAD vs. DCIT, CIRCLE-3(1)(2),, AHMEDABAD

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

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Sinh

147 was furnished to the assessee, and therefore, we reject this ground of appeal. 5. As regards second ground of appeal, brief facts of the case are that the assessee company is engaged in manufacturing and trading of hot-rolled steel, ingot, bright bar, fasteners etc. It has filed its return of income on 30.9.2009 declaring total income at Rs.1

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001.” 12. The sub-Section (2) and (3) were introduced to the main section by the Finance