JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

68,01,557 shares worth of Rs. 61,91,15,966/- of SAIL in return. I agree with the stand taken by the A.O and with due regards and respect to the order of Hon’ble High Court I hold that the said demerger was not as per the provisions of sec.2(19AA) of the Act for the reasons mentioned

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-8,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A(2)(b

THE DCIT, CIRCLE-8,, AHMEDABAD vs. SHIVAM WATER TREATERS PVT. LTD.,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A(2)(b

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-8, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A(2)(b

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A(2)(b

SHAILESHKUMAR DAHYABHAI PATEL,VADODARA, GUJARAT vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2(1)(2) (NOW DCIT CIRCLE 2(1)(1), VADODARA, GUJARAT, VADODARA, GUJARAT

In the result, Ground Number 7 of the assessee’s appeal is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

68 of the Act, which has been deleted by us, the disallowance of interest cannot survive. Accordingly, Ground No. 6 is also allowed. 16. With respect to Ground Number 7 (disallowance of Interest expenses of Rs. 35.21 lakhs), the counsel for the assessee submitted that this interest payment is with respect to loans taken in earlier assessment years. Further

SABRI CHEMICALS PVT. LTD.,,BARODA vs. THE ACIT, CIRCLE-2(1)(1),, BARODA

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

Bench: Shri Waseem Ahmed & Smt Madhumita Royआयकर अपील सं./I.T.A. No. 1019/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2012-13) Sabri Chemicals Pvt. Ltd., Acit, बनाम/ A/2/236, Gidc, Nandesari, Circle 2(1)(1), Vs. Baroda – 391 340. Baroda. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccs 9406 K .. (अपीलाथ"/Appellant) (""यथ" / Respondent) Shri M. J. Shah, A.R. अपीलाथ" ओर से/ Appellant By : Shri Lalit P. Jain, Sr. D.R. ""यथ" क" ओर से/Respondent By:

section 40A(2)(b) and those who are not covered. But absence of such distinction cannot be taken to mean that the AO cannot lift the corporate veil and look into the real nature of transaction to establish that the apparent is not real and the transaction entered into by an assessee is nothing but a colourable Sabri Chemicals

B.PATEL INFRASTRUCTURRE PVT.LTD.,,AHMEDABAD vs. THE JT.CIT.,MEHSANA RANGE,, MEHSANA

In the result, the appeal of the assessee is allowed and that of the revenue is dismissed

68,000/- following the judgment of jurisdictional high court in the case of CIT vs. Enviro Control Associated 225 taxman 56 and Kashi Exports Pvt. Ltd. Vs. DCIT in taxman 156 of 2013 by observing as under:- “5.3 I have considered the facts of the case, assessment order, submission made by the appellant and the case laws relied upon

ADITYA MEDISALES LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

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

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year :2014-15 Aditya Medisales Ltd. Dcit, Cir.1(1)(1) 402, 4Th Floor, R.K. Centre Vs Vadodara. Fatehgunj Vadodara 390 002. Pan : Aabca 9317 J Assessment Year :2014-15 Dcit, Cir.1(1)(1) Aditya Medisales Ltd. Vadodara. Vs 402, 4Th Floor, R.K. Centre Fatehgunj Vadodara 390 002. Pan : Aabca 9317 J

b. Discount paid to doctors Rs. 21,26,033 c. disallowance made under section 14 A Rs. 1,23,64,818 d. differential income as per 26AS Rs. 1,48,282 3. Aggrieved against the disallowances, the assessee filed an appeal before Commissioner of Income Tax [Appeals] 1, Vadodara. The learned CIT [A] by this impugned order allowed

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. ADITYA MEDISALES LIMITED,, VADODARA

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

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year :2014-15 Aditya Medisales Ltd. Dcit, Cir.1(1)(1) 402, 4Th Floor, R.K. Centre Vs Vadodara. Fatehgunj Vadodara 390 002. Pan : Aabca 9317 J Assessment Year :2014-15 Dcit, Cir.1(1)(1) Aditya Medisales Ltd. Vadodara. Vs 402, 4Th Floor, R.K. Centre Fatehgunj Vadodara 390 002. Pan : Aabca 9317 J

b. Discount paid to doctors Rs. 21,26,033 c. disallowance made under section 14 A Rs. 1,23,64,818 d. differential income as per 26AS Rs. 1,48,282 3. Aggrieved against the disallowances, the assessee filed an appeal before Commissioner of Income Tax [Appeals] 1, Vadodara. The learned CIT [A] by this impugned order allowed

THE ACIT., PATAN CIRCLE,, PATAN vs. SHIV REFOILS AND CAKES, CHANSAMA, PATAN

In the result, the Revenue’s appeal is dismissed

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1672/Ahd/2019 िनधा"रण वष" /Assessment Year : 2014-15 The Acit Shiv Refoils & Cakes बनाम/ Patan Circle, Plot No.2 Gidc Estate V/S. Patan – 384 265 Chanasma, Patan

2, raised by Revenue, are relating to admission of additional evidence under Rule 46A. 4. Under Rule 46A of the Income Tax Rules, 1962, additional evidence can be admitted at the appellate stage if specific conditions are met, such as (a) the AO refusing to admit evidence that ought to have been admitted, (b) the appellant being prevented by sufficient

M/S. NEPTUNE ASSOCIATES,,VADODARA vs. THE DCIT, CIRCLE-1(2),, VADODARA

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

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Royआयकर अपील सं./I.T.A. No. 2907/Ahd/2017 ("नधा"रण वष" / Assessment Year : 2014-15)

68 taxmann.com 153 (Gujarat) and CIT vs. Ashok J. Patel [2014] 43 taxmann.com 227 (Guj). The learned AR ITA No.2907/Ahd/17 [M/s. Neptune Associates vs. DCIT] A.Y. 2014-15 - 7 - submitted that there is an apparent fallacy in the plea of the AO that assessee could have borrowed funds at cheaper rate from outside parties. It was submitted that Section

ACIT, CIRCLE-3(2), AHMEDABAD vs. M/S. KRAFT LAMINATE, AHMEDABAD

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

Bench: Shri P.M. Jagtap, Vice- & Shri T.R. Senthil Kumarassessment Years : 2015-16 Assistant Commissioner Of M/S. Kraft Laminate, Income-Tax, Vs C/O. Laxmi Timber, Nr. Circle 3(2), Ahmedabad Mahalaxmi Textile Mill, Opp. Rajbai Patel Timber Market, Narol Naroda Highway, Narol, Ahmedabad-382405 Pan : Aamfk 8120 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri V.K. Singh, Sr. Dr Assessee By : Shri Manish J. Shah, Advocate सुनवाई क" तार"ख/Date Of Hearing : 24/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/03/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-:

68 of the Act. Ground No.2 of the Revenue’s appeal is accordingly dismissed. 11. The issue raised in Ground No.3 relates to the deletion by the learned CIT(A) of the addition of Rs.4,72,176/- made by the Assessing Officer by way of disallowance under Section 40A(3) of the Act. 12. During the course of assessment

THE ITO, WARD-3(1)(1),, AHMEDABAD vs. M/S POGGEN AMP NAGARSHETH POWERTRONICS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the revenue is dismissed

68,943/- as against last year interest expenses of Rs. 5,07,54,161/-. On the basis of this informatin the assessee was asked to explain why not disallowance of interest expenses under the provision of section 14A read with rule 8D was made. The assessee explained that it had not earned any exempt income during the year under

INCOME TAX OFFICER, VEJAPUR vs. DARSHAN ORNA LIMITED, NAVRANGPURA

In the result, Revenue’s appeal is accordingly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1606/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Income Tax Officer Darshan Orna Limited बनाम/ Vejalpur 102, Shri Balaju Paragon V/S. Ahmedabad – 380 015 C.G. Road Navrangpura Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aadcd 7142 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Deepak Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/04/2025 घोषणा की तारीख /Date Of Pronouncement: 23/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

40A(2)(b) of the Income Tax Act in its Form 3CD, the same transactions were not disclosed as related party transactions under the Companies Act, highlighting inconsistency and non- compliance with corporate law, irrespective of the fact that the Company was a listed entity. 2.1. On the basis of the cumulative discrepancies, including abnormal cash sales, unverifiable purchases, suppressed

AURA SECURITIES PVT. LTD.,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

40a , the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation.—For the purposes of this section, "quoted share" means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation

AURA SECURITIES PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-1,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

40a , the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation.—For the purposes of this section, "quoted share" means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation

ADANI AGRO PVT. LTD.,,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, the assessee appeal is thus allowed

Bench: Shri O. P. Meena& Ms. Madhumita Roy

40a , the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation.—For the purposes of this section, "quoted share" means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation