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

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

2. The instant appeal has been filed by the Revenue with the following grounds: “i. The CIT(A) has erred in law and on facts in deleting the disallowance of Rs.25,46,06,987/- on account of Long Term Capital Gain & Short Term Capital Gain of Rs.3,26,02,919/-. ii. On the facts and circumstances of the case

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

section 45 of the Act considering demerger of the treasury undertaking as non- qualifying demerger; Ground No. 2 – Levy of Dividend Distribution Tax 5.1 The facts relating to this issue are that, during the course of assessment proceedings, the Assessing Officer observed that the assessee had claimed transfer of its so-called treasury unit to M/s. Sterling Addlife India

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

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

section 45 of the Act considering demerger of the treasury undertaking as non- qualifying demerger; Ground No. 2 – Levy of Dividend Distribution Tax 5.1 The facts relating to this issue are that, during the course of assessment proceedings, the Assessing Officer observed that the assessee had claimed transfer of its so-called treasury unit to M/s. Sterling Addlife India

H K ISPAT PVT. LTD.,PANCHMAHAL vs. THE DY.CIT, CENTRAL CIRCLE-2, VADODARA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

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

45 taxmann.com 151 wherein it was held as under. "Section 68 of the Income-tax Act, 1961 Cash credit (Loans) -Assessing Officer treated a part of loan taken by assessee, taken from agriculturists, as non- genuine and made addition under section 68 However, assessee produced copy of 7/12 extract from land register maintained by land revenue, loan confirmation

ACIT, CENTRAL CIRCLE-2, VADODARA, VADODARA vs. HK ISPAT PVT LTD, GODHRA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

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

45 taxmann.com 151 wherein it was held as under. "Section 68 of the Income-tax Act, 1961 Cash credit (Loans) -Assessing Officer treated a part of loan taken by assessee, taken from agriculturists, as non- genuine and made addition under section 68 However, assessee produced copy of 7/12 extract from land register maintained by land revenue, loan confirmation

ACIT, CENTRAL CIRCLE-2, VADODARA, VADODARA vs. HK ISPAT PVT LTD, GODHRA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

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

45 taxmann.com 151 wherein it was held as under. "Section 68 of the Income-tax Act, 1961 Cash credit (Loans) -Assessing Officer treated a part of loan taken by assessee, taken from agriculturists, as non- genuine and made addition under section 68 However, assessee produced copy of 7/12 extract from land register maintained by land revenue, loan confirmation

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

45,288 12.67% 94.40% 8 4001-5000 2,15,47,954 4,563 1.28% 95.68% 9 5001-7000 6,07,52,130 10,521 2.94% 98.62% 10 7001-10000 2,84,72,399 3,261 0.91% 99.53% 11 10001-25000 1,64,93,278 1,079 0.30% 99.84% 12 25001 and 8,88,07,958 588 0.16% 100.00% above Grand

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

45,288 12.67% 94.40% 8 4001-5000 2,15,47,954 4,563 1.28% 95.68% 9 5001-7000 6,07,52,130 10,521 2.94% 98.62% 10 7001-10000 2,84,72,399 3,261 0.91% 99.53% 11 10001-25000 1,64,93,278 1,079 0.30% 99.84% 12 25001 and 8,88,07,958 588 0.16% 100.00% above Grand

DCIT (EXEMPTION), CIRCLE-1, BANGLORE vs. VYAKTI VIKAS KENDRA INDIA,, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

45,288 12.67% 94.40% 8 4001-5000 2,15,47,954 4,563 1.28% 95.68% 9 5001-7000 6,07,52,130 10,521 2.94% 98.62% 10 7001-10000 2,84,72,399 3,261 0.91% 99.53% 11 10001-25000 1,64,93,278 1,079 0.30% 99.84% 12 25001 and 8,88,07,958 588 0.16% 100.00% above Grand

THE ACIT, (EXEMPTION) CIRCLE-1, AHMEDABAD vs. VYAKTI VIKAS KENDRA INDIA, AHMEDABAD

In the result revenue’s appeal is dismissed

Bench: Shri Pramod Kumar& Ms. Madhumita Roy

45,288 12.67% 94.40% 8 4001-5000 2,15,47,954 4,563 1.28% 95.68% 9 5001-7000 6,07,52,130 10,521 2.94% 98.62% 10 7001-10000 2,84,72,399 3,261 0.91% 99.53% 11 10001-25000 1,64,93,278 1,079 0.30% 99.84% 12 25001 and 8,88,07,958 588 0.16% 100.00% above Grand

AARK INFOSOFT PRIVATE LIMITED,AHMEDABAD vs. THE ACIT, CIRCLE-1(1)(1), AHMEDABAD

The appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Ms. Suchitra R. Kambleिनधा"रण वष"/Assessment Year: 2017-18 Vs. Aark Infosoft Private Limited, The Acit, 45, Shetrunjay, 2Nd Floor, Above Circle-1(1)(1), Central Bank Of India, Bhattha Ahmedabad Cross Road, Paldi, Ahmedabad Gujarat-380007 Pan : Aahca 9986 H अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Divyang Shah, Ar Revenue By : Shri Santosh Kumar, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 08.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 21.02.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against Order Of The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 27.07.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Are As Under:- “1. Whether On The Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Issuing A Notice U/S 143(2) Of The Act? 2. Whether On The Facts & In Circumstances Of The Case & In Law, Ld. Cit(A) Has Erred In Making Disallowance Of Employees' Contribution To Pf & Esic Of Rs.5,51,657/- U/S 36(1) (Va) Of The Act?

45, Shetrunjay, 2nd Floor, Above Circle-1(1)(1), Central Bank of India, Bhattha Ahmedabad Cross Road, Paldi, Ahmedabad Gujarat-380007 PAN : AAHCA 9986 H अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee by : Shri Divyang Shah, AR Revenue by : Shri Santosh Kumar, Sr. DR सुनवाई क" तारीख/Date of Hearing : 08.02.2024 घोषणा क" तारीख /Date

KIRTI MILEX LIMITED,AHMEDABAD vs. ITO, WARD-2(1)(2),, AHMEDABAD

In the result the appeal filed by the assessee is allowed in part

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.686/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2008-2009 M/S. Kirti Milex Ltd., I.T.O, 5, Vasukanan, 2Nd Floor, Vs. Ward-2(1)(2), Nr.Lotus Flats, Ashram Road, Ahmedabad. Ahmedabad.

68 of Act of Rs.35,00,000/-. 6. The appellant craves liberty to add, amend, alter or modify all or any grounds of appeal before final appeal. 2. The 1st issue raised by the assessee is general in nature. Therefore we do not find any reason to adjudicate the same. Accordingly, we dismiss the ground of appeal of the assessee

KAMLA CRAFT PACK PVT. LTD.,AHMEDABAD vs. ITO, WARD-2(1)(2), AHMEDABAD

In the result the appeal filed by the assessee is allowed in part

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.810/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2008-2009 Kamla Craft Pack Pvt. Ltd., I.T.O, 5, Vasukanan, Nr. Lotus Flats, Vs. Ward-2(1)(2), Ashram Road, Ahmedabad. Ahmedabad-38001. Pan: Aaack7985K

68 of Act of Rs.35,00,000/-. 6. The appellant craves liberty to add, amend, alter or modify all or any grounds of appeal before final appeal. 2. The 1st issue raised by the assessee is general in nature. Therefore we do not find any reason to adjudicate the same. Accordingly, we dismiss the ground of appeal of the assessee

SHRI JIGAR JASHWANTLAL SHAH,AHMEDABAD vs. THE ACIT, CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

68, 350/-. 6 Levy of interest u/s 234 A/B/C & D of the Act is not justified. I.T.A Nos. 1541 & 1643/Ahd/2017 A.Y. 2013-14 Page No. 3 Shri Jigar Jashwantlal Shah vs. ACIT & ACIT vs. Shri Jigar Jashwantlal Shah 7. Initiation of penalty proceedings u/s 271(1) (c) of the Act is not justified. The appellant craves leave to add, amend

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. SHRI JIGAR JASHWANTLAL SHAH, AHMEDABAD

Appeal is dismissed

68, 350/-. 6 Levy of interest u/s 234 A/B/C & D of the Act is not justified. I.T.A Nos. 1541 & 1643/Ahd/2017 A.Y. 2013-14 Page No. 3 Shri Jigar Jashwantlal Shah vs. ACIT & ACIT vs. Shri Jigar Jashwantlal Shah 7. Initiation of penalty proceedings u/s 271(1) (c) of the Act is not justified. The appellant craves leave to add, amend

BARODA CRICKET ASSOCIATION,,VADODARA vs. THE DY. CIT, (EXEMPTION), CIRCLE-2,, AHMEDABAD

In the result, the appeal is allowed in the terms indicated above

68,741/- as income of the Appellant by invoking proviso to Section 2(15) r.w.s. 13(8) of the Act.” 3. Learned representatives fairly agree that the issues in appeal are covered, in favour of the assessee, by a decision of the coordinate bench in the case of Gujarat Cricket Association & Ors* (*including Baroda Cricket Association) Vs. JCIT

THE DY.DIT, (EXEMP.),, AHMEDABAD vs. MUDRA FOUNDATION FOR COMMUNICATIONS, RESEARCH & EDUCATION,, AHMEDABAD

In the result, both the appeals of the Revenue and both the cross objections filed by the assessee are dismissed

45,000 to Rs. 1,13,000/- per student. These short term courses were not approved by any authority. He has also noticed that assessee has miscellaneous income to the tune of Rs. 3,22,04,300/-from various heads such as student activities charges, lab charges, placement charges, internship fees and study material fees, lodging and boarding, application fees

DHARAMTAR MOTORS SERVICES PETROLEUM PRODUCT,,AHMEDABAD vs. THE ITO, WARD-6(1)(4),, AHMEDABAD

In the results, both the appeals of the assessee are allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 1438 & 2534/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 M/S Dharamtar Motor Services Income Tax Officer, Petroleum Product, Vs. Ward 6(1)(4) C/O. Ketan H. Shah, Advocate 903, Ahmedabad. Sapphire Complex, C.G. Road, Navrangpura, Ahmedabad. Pan: Aabfd9182F

68 by AO and Section 41(l)bytheCIT(A) 1.1 The AO has given show cause notice dated 29.03.2015 as per his order page Nos.3 and 4 and reply of the assessee dated 23.03.2015 (PB Page No.86] has been stated to be considered. The AO has stated that the assessee has not discharged the onus lies him regarding