INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

6 (Original) and Revised Ground No. 11 – Deletion of Disallowance of Interest under Section 36(1)(iii) amounting to Rs. 11,29,21,996/- 79. The Assessing Officer disallowed a sum of Rs.11,29,21,996/- under section 36(1)(iii) of the Act on the ground that the assessee had made substantial additions to capital work

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

43(6) of the Act requires to take the actual cost of the amalgamating company in the books of the amalgamated company. As there was no block of assessee for the intangibles in the books of the amalgamating company, therefore the same cannot be recorded in the books of the amalgamated company. The learned CIT (A) accordingly confirmed the order

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

43(6) of the Act requires to take the actual cost of the amalgamating company in the books of the amalgamated company. As there was no block of assessee for the intangibles in the books of the amalgamating company, therefore the same cannot be recorded in the books of the amalgamated company. The learned CIT (A) accordingly confirmed the order

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

43(6) of the Act requires to take the actual cost of the amalgamating company in the books of the amalgamated company. As there was no block of assessee for the intangibles in the books of the amalgamating company, therefore the same cannot be recorded in the books of the amalgamated company. The learned CIT (A) accordingly confirmed the order

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

43(6) of the Act requires to take the actual cost of the amalgamating company in the books of the amalgamated company. As there was no block of assessee for the intangibles in the books of the amalgamating company, therefore the same cannot be recorded in the books of the amalgamated company. The learned CIT (A) accordingly confirmed the order

ANISHA R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

6 2. Ld.CIT(A) erred on facts and in law in upholding levy of penalty u/s.271(1)(c) in respect of amount received from appellant’s sister amounting to Rs.10,59,245/- without appreciating that no evidence of any bogus creditors was found in the course of search. 13. The only issue raised by the assessee is that the ''Ld.CIT

RAOOF R DHANANI,MUMBAI vs. THE ACIT CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

6 2. Ld.CIT(A) erred on facts and in law in upholding levy of penalty u/s.271(1)(c) in respect of amount received from appellant’s sister amounting to Rs.10,59,245/- without appreciating that no evidence of any bogus creditors was found in the course of search. 13. The only issue raised by the assessee is that the ''Ld.CIT

RAOOF R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

6 2. Ld.CIT(A) erred on facts and in law in upholding levy of penalty u/s.271(1)(c) in respect of amount received from appellant’s sister amounting to Rs.10,59,245/- without appreciating that no evidence of any bogus creditors was found in the course of search. 13. The only issue raised by the assessee is that the ''Ld.CIT

RAOOF R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

6 2. Ld.CIT(A) erred on facts and in law in upholding levy of penalty u/s.271(1)(c) in respect of amount received from appellant’s sister amounting to Rs.10,59,245/- without appreciating that no evidence of any bogus creditors was found in the course of search. 13. The only issue raised by the assessee is that the ''Ld.CIT

M/S. SABARMATI GAS LTD.,GANDHINAGAR vs. THE PR. CIT-3, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2018-19 Sabarmati Gas Ltd. The Ld.Pr.Cit Plot No.907, Sector 21 Vs Ahmedabad-3. Gandhinagar 382 021 Pan : Aakcs 0110 N

68,21,472/-. 5. The case of the ld.Pr.CIT was that this claim of the assessee was not allowable in law in terms of section 37(1) read with section 32 of the Act, and therefore, the order of the AO was erroneous causing prejudice to the Revenue for having allowed the said claim to the assessee

M/S. ASIAN AGENCY,,AHMEDABAD vs. COMMISSIONER OF INCOME TAX,VII,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

THE ITO, WARD-7(2)(1),, AHMEDABAD vs. M/S. ASIAN AGENCY,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ACIT, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ACIT, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE DCIT, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE ACIT, CIRCLE-12,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107

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

6 assessment years. This question has been answered by the jurisdictional ITAT in the case of Shaialesh S Patel vs. ITO reported in 97 taxmann.com 570 wherein it was held as under: With C.O.No.170/Ahd/2019 Asstt. Year 2010-11 11 The overriding provisions of section 153C merely enables the Assessing Officer to set aside the pending reassessment proceedings

THE DCIT, CENTRAL CIRCLE-1(4), AHMEDABAD vs. M/S. GTC OILFIELDS SERVICES P. LTD, AHMEDABAD

In the result, all the 8 appeals filed by the Revenue are dismissed

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royappeal No. Ay Appellant Respondent Sn M/S. Gtc Oilfields Services P. Ltd., 2009-10 The Dcit, 61, New York Tower, A-Block, It(Ss)A Nos. 1-3 2010-11 Central Circle 1(4), Thaltej Char Rasta, S.G. Road, 314 To 316/Ahd/2019 2014-15 Ahmedabad Ahmedabad-380054 Pan : Aaacg 8684 P The Dcit, M/S. Gtc Oilfields Services P. Ltd.

43,000.00 7,78,00,000.00 2011-12 Yamini Marketing Pvt Ltd. 8,95,000.00 3,86,05,000.00 3,95,00,000.00 2012-13 Westwll Exports Pvt Ltd 21,26,000.00 10,41,74,000.00 10,63,00,000.00 2012-13 Yamini Marketing Pvt Ltd. 11,93,000.00 5,84,57,000.00 5,96,50,000.00 2013-14 Ambika