THE DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD vs. M/S. STHAPATYA SHILP CONSTRUCTION, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 907/Ahd/2019 With C.O.No.170/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., M/S. Sthapatya Shilp Construction, Central Circle-1(2), Vs. 2, Abhiraj Complex, Ahmedabad. 68-B, Swastic Society, Ahmedabad. Pan: Abffs2922P

u/s 153C of the Act. Thus, the proceedings initiated under section 147 of the Act are not maintainable. 7. On the other hand, the learned DR submitted that the proceedings under section 153C of the Act can be initiated by the AO if, there was any document found during the search proceedings at the premises of the 3rd party pertaining/belonging

GOLD FINCH JEWELLERY LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

reassessment. It is also established principle of law that if a particular authority has been designated to record his/her satisfaction on any particular issue, then it is that authority alone who should apply his/her independent mind to record his/her satisfaction and further mandatory condition is that the satisfaction recorded should be ‘independent’ and not ‘borrowed’ or ‘dictated’ satisfaction

GOLD FINCH JEWELLERY LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

reassessment. It is also established principle of law that if a particular authority has been designated to record his/her satisfaction on any particular issue, then it is that authority alone who should apply his/her independent mind to record his/her satisfaction and further mandatory condition is that the satisfaction recorded should be ‘independent’ and not ‘borrowed’ or ‘dictated’ satisfaction

SHREEJI DEVELOPERS,VADODARA vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), SURAT AT VADODARA, VADODARA

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

reassessment proceedings.\nWithout prejudice to the above,\nDisallowance under Section 184(5) of the Act:\n5. Without prejudice to the above, the learned PCIT has erred in fact and\nin law in disputing the allowability of interest paid to partners\namounting to Rs.19,79,921, despite the fact that the said interest has been\nduly offered

ACIT, CIRCLE-1, BHAVNAGAR, BHAVNAGAR vs. LEELA GREENSHIP RECYCLING PRIVATE LIMITED, BHAVNAGAR

In the result, both the appeals are treated as partly allowed for statistical purposes in terms of above directions

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 2111/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., The Deputy Office No.303, 3Rd Floor, बनाम/ Commissioner V/S. B Wing, Leela Efcee, Of Income Tax, Near Aksharwadi Temple, Circle-1, Waghawadi Road, Bhavnagar. Bhavnagar-364002. "थायी लेखा सं./Pan: Aagcg8956L

reassessment initiated under section 147 of the Act. After setting out the statutory framework governing reopening of assessments and analysing a series of judicial pronouncements, the learned CIT(A) recorded a categorical finding that the reopening was valid. It was held that the information received from the GST anti-evasion wing regarding the assessee’s transactions with Mahadev Trading

LEELA GREENSHIP RECYCLING PVT. LTD.,BHAVNAGAR vs. THE DY. CIT, CIRCLE-1, BHAVNAGAR

In the result, both the appeals are treated as partly allowed for\nstatistical purposes in terms of above directions

reassessment initiated under section 147 of the\nAct. After setting out the statutory framework governing reopening of\nassessments and analysing a series of judicial pronouncements, the learned\nCIT(A) recorded a categorical finding that the reopening was valid. It was\nheld that the information received from the GST anti-evasion wing\nregarding the assessee's transactions with Mahadev Trading

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD vs. M/S. CADILA PHARMACEUTICALS LTD. , AHMEDABAD

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2011-12

184. The Ld. AR further submitted that on the face of the reasons recorded, the Assessing Officer states that for both issues, they are framed on perusal of the case records itself. Thus, there is no case of any failure full and true disclosure on part of the assessee. The Ld. AR submits that Proviso to Section 147 applied

CADILA PHARMACEUTICALS LTD. ,AHMEDABAD vs. THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, AHMEDABAD

In the result, appeal of the assessee is allowed and the appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2011-12

184. The Ld. AR further submitted that on the face of the reasons recorded, the Assessing Officer states that for both issues, they are framed on perusal of the case records itself. Thus, there is no case of any failure full and true disclosure on part of the assessee. The Ld. AR submits that Proviso to Section 147 applied

D. J. STOCK BROKING PRIVATE LIMITED,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(4),, AHMEDABAD

In the result, ground number 1 of the assessee’s appeal is allowed

184/- under section 14A of the I.T Act and therefore the ld. Assessing Officer is to be to delete the said disallowance, while computing the total income. 3. That correct total income and income No effect tax there on is to be computed and interest 234B and 234C of the Act to be recomputed as per Law. That proper credit

HEMANT GORDHANBHAI PATEL,NADIAD vs. THE ACIT, INTL. TAXN., VADODARA

In the result, Ground No. 1 of the assessee’s appeal is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

147 is also illegal and ALSO barred by time on the basis of records of the issuance of first notice without DIN and without proper approval of competent authority. It be so held now. 4. Without prejudice to the above, the ld. CIT(Appeals) also erred both in law and on facts in not deleting the addition

HITESHKUMAR ISHWARBHAI PATEL,VADODARA vs. THE ITO, WARD-3(1)(2), VADODARA

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

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.986/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 Hiteshkumar Ishwarbhai Patel The Income Tax Officer बनाम/ C-70, Shripad Nagar Society Ward-3(1)(2) V/S. Vip Road Ahmedabad Karelibaug Vadodara – 390 022 (Gujarat) "थायी लेखा सं./Pan: Aekpp 5163 R अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Mehul Thakkar, Ar Revenue By : Shri Prateek Sharma, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 08/10/2024 घोषणा की तारीख /Date Of Pronouncement: 15/10/2024

reassessment proceedings under Section 147 of the Act, 1961, by issuing a notice under Section 148 of the Act on 27.03.2019. The reasons for reopening the assessment were based on information that the assessee had purchased immovable property worth Rs.1,99,73,500/-, and the source of funds for the purchase was unexplained. After reopening the assessment, the AO completed

BODAL CHEMICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-1, AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

147 of the Act by the revenue. Therefore we can safely presume that the claim of the depreciation of the assessee in the 1st year has attained finality. Admittedly the 1st year is the base assessment year from where the issue of depreciation is emanating. The question arises once the depreciation has been allowed in the 1st 13. year then

THE ACIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. BODAL CHEMICAL LTD., AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

147 of the Act by the revenue. Therefore we can safely presume that the claim of the depreciation of the assessee in the 1st year has attained finality. Admittedly the 1st year is the base assessment year from where the issue of depreciation is emanating. The question arises once the depreciation has been allowed in the 1st 13. year then

BODAL CHEMICALS LTD.,,AHMEDABAD vs. THE ADDL.CIT.,RANGE-1,, AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

147 of the Act by the revenue. Therefore we can safely presume that the claim of the depreciation of the assessee in the 1st year has attained finality. Admittedly the 1st year is the base assessment year from where the issue of depreciation is emanating. The question arises once the depreciation has been allowed in the 1st 13. year then

M/S. BODAL CHEMICAL LTD.,AHMEDABAD vs. THE ADD.CIT.,RANGE-1,, AHMEDABAD

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

147 of the Act by the revenue. Therefore we can safely presume that the claim of the depreciation of the assessee in the 1st year has attained finality. Admittedly the 1st year is the base assessment year from where the issue of depreciation is emanating. The question arises once the depreciation has been allowed in the 1st 13. year then

BARODA CRICKET ASSOCIATION,,BARODA vs. THE DY.CIT, CIRCLE-5., BARODA

In the result, ITA No. 2841/Ahd/17, i

section 11. He submits that the proviso to Section 2(15) will not come into play ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years

BARODA CRICKET ASSOCIATION,,BARODA vs. THE JT. CIT, RANGE-5,, BARODA

In the result, ITA No. 2841/Ahd/17, i

section 11. He submits that the proviso to Section 2(15) will not come into play ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years

M/S. GUJARAT CRICKET ASSOCIATION,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX EXEPTIONS, CIRCLE-1,, AHMEDABAD

In the result, ITA No. 2841/Ahd/17, i

section 11. He submits that the proviso to Section 2(15) will not come into play ITA Nos: 1257/Ahd/13, 3303/Ahd/16, 3304/Ahd/16, 408/Ahd/17 (Assessment years: 2009-10, 2010-11, 2011-12 and 2012-13) ITA Nos: 336 and 337/Ahd/2015 and 2957/Ahd/2014, (Assessment years: 2009-10, 2011-12, 2010-11) ITA Nos: 2839, 2840 and 2841/ Ahd/ 2017 (Assessment years