DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ADANI PORT & SPECIAL ECONOMIC ZONE LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

10. During the course of scrutiny assessment proceedings, the Assessing Officer noticed that the assessee has claimed deduction under section 80 G in respect of entire donations of Rs 2,88,20,302 from the profits of the business which are eligible profits. It was noted that as the assessee company has only one undertaking and there is no other

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

transfer pricing net. To tackle the same, by the Finance Act of 2012 an Explanation to Section 92B[2] of the Act was brought on the statute with retrospective effect from 1st April 2002. The explanation is clarificatory in nature and added certain categories of transactions, inter alia, the transaction ITA.Nos.1285/Ahd/2017 & 7 others A.Y.2009-10 11 as specified under clause

THE DY. CIT., CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. VISHAL FABRICS LTD.,, AHMEDABAD

In the result, the appeal preferred by the Revenue is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

viii) The Ld.CIT(A) has erred in law and on facts -in deleting the adjustments made by the TPO on the value of electricity supplied by the CPP to its manufacturing units by benchmarking the same with rate at M/s. Torrent Power, despite the fact that the decision of the Hon'ble High Court of Gujarat pronounced in the case

ADANI ENTERPRISES LTD.,,AHMEDABAD vs. THE ADDL.CIT.,RANGE-1,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

6 is also dismissed. 43. In the result, the appeal of the Assessing Officer for the assessment year 2008-09 is dismissed. 44. We now take up cross appeals for the assessment year 2009-10 which are directed against the order dated 8th October 2014 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s

THE DCIT, CIRCLE-1,, AHMEDABAD vs. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

6 is also dismissed. 43. In the result, the appeal of the Assessing Officer for the assessment year 2008-09 is dismissed. 44. We now take up cross appeals for the assessment year 2009-10 which are directed against the order dated 8th October 2014 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s

THE ADDL. CIT, RANGE-1,, AHMEDABAD vs. M/S. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

6 is also dismissed. 43. In the result, the appeal of the Assessing Officer for the assessment year 2008-09 is dismissed. 44. We now take up cross appeals for the assessment year 2009-10 which are directed against the order dated 8th October 2014 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s

DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. M/S. ADANI ENTERPRISES LTD.,, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

6 is also dismissed. 43. In the result, the appeal of the Assessing Officer for the assessment year 2008-09 is dismissed. 44. We now take up cross appeals for the assessment year 2009-10 which are directed against the order dated 8th October 2014 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s

ADANI ENTERPRISES LTD.,AHMEDABAD vs. THE ADDL. CIT,RANGE-1, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

6 is also dismissed. 43. In the result, the appeal of the Assessing Officer for the assessment year 2008-09 is dismissed. 44. We now take up cross appeals for the assessment year 2009-10 which are directed against the order dated 8th October 2014 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s

ADANI ENTERPRISES LTD.,AHMEDABAD vs. THE ADDL. CIT,RANGE-1, AHMEDABAD

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

6 is also dismissed. 43. In the result, the appeal of the Assessing Officer for the assessment year 2008-09 is dismissed. 44. We now take up cross appeals for the assessment year 2009-10 which are directed against the order dated 8th October 2014 passed by the CIT(A) in the matter of assessment under section 143(3) r.w.s

TYCO VALVES & CONTROLS (INDIA) PVT. LTD.,BARODA vs. THE DY.CIT, BARODA CIR- 4,, BARODA

In the result, Assessee’s appeal is partly allowed for statistical purpose

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

sections namely, Activities carried out in relation to valves, components, etc.; Provision of support services; Receipt of Management charge; Provision of design related services and Reimbursements.” ACIT vs. M/s.Tyco Valves & Controls (I) Pvt.Ltd.vs. DCIT Asst.Year - 2007-08 3.5. The Assessee for benchmarking its transactions classified under the head in relation to valves, component etc in connection with the determination

GHCL LIMITED,AHMEDABAD vs. THE DY.CIT., CIRCLE-4,, AHMEDABAD

6 8 8 Total 412 468 435 470 533 (The relevant extracts from Financial of GHCL for the above period are attached as Annexure- 1) ( Page no. 1 to 10 of paper book 3A) After turning around and stabilizing its Textile spinning business, GHCL decided to be a global player in Textile segment. For this purpose , GHCL

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GHCL LIMITED, AHMEDABAD

6 8 8 Total 412 468 435 470 533 (The relevant extracts from Financial of GHCL for the above period are attached as Annexure- 1) ( Page no. 1 to 10 of paper book 3A) After turning around and stabilizing its Textile spinning business, GHCL decided to be a global player in Textile segment. For this purpose , GHCL

THE ACIT,(OSD)CIRCLE-8,, AHMEDABAD vs. THE TORRENT PHARMACEUTICALS LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

section 80-IC of the Act. Both the parties before us relied on the order of authorities below as favorable to them. 45. We have heard the rival contentions of both the parties and perused the materials available on record. The controversy in the case on hand relates whether the donation paid by the assessee under section

THE ACIT, CIRCLE-8,, AHMEDABAD vs. THE TORRENT PHARMACEUTICALS, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

section 80-IC of the Act. Both the parties before us relied on the order of authorities below as favorable to them. 45. We have heard the rival contentions of both the parties and perused the materials available on record. The controversy in the case on hand relates whether the donation paid by the assessee under section

THE TORRENT PHARMACEUTICALS,AHMEDABAD vs. THE ADDITIONAL CIT, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

section 80-IC of the Act. Both the parties before us relied on the order of authorities below as favorable to them. 45. We have heard the rival contentions of both the parties and perused the materials available on record. The controversy in the case on hand relates whether the donation paid by the assessee under section

THE TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-8,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 907/Ahd/2012 2007-08 M/S. Torrent Add. Cit, Pharmaceuticals Ltd., Range – 8, Torrent House, Off. Ahmedabad. Ashram Road, Ahmedabad. Pan No. Aaact 5456 A 2. 938/Ahd/2012 2007-08 The Acit, M/S. Torrent Ahmedabad. Pharmaceuticals Ltd. Ahmedabad. 3. 1634/Ahd/2012 2008-09 M/S. Torrent The Acit, Pharmaceuticals Ltd. Ahmedabad Ahmedabad. 4. 1725/Ahd/2012 2008-09 The Acit M/S. Torrent Ahmedabad. Pharmaceuticals Ltd., Ahmedabad.

section 80-IC of the Act. Both the parties before us relied on the order of authorities below as favorable to them. 45. We have heard the rival contentions of both the parties and perused the materials available on record. The controversy in the case on hand relates whether the donation paid by the assessee under section

LALITA RAMNIRANJAN AGARWAL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(4), VADODARA

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

Bench: Shri TR Senthil Kumar, Judicial Member\nAnd Shri Narendra Prasad Sinha, Accountant Member\nITA No. 662/Ahd/2023\nAssessment Year 2015-16\nLalita Ramniranjan Agarwal,\nB-201, Sandal Wood\nResidency, Urmi Char Rasta\nProductivity Road,\nVadodara-390020\nPAN: AECPA0173J\n(Appellant)\nThe ITO,\nWard-1(2)(4),\nVadodara\nVs\n(Respondent)\nAssessee by: Shri P.M. Jagasheth, A.R.\nRevenue by: Shri Nitin Vishnu Kulkarni, Sr. D.R.\nDate of hearing\n: 24-02-2025\nDate of pronouncement : 28-02-2025\nORD

viii) Farzad Sheriar Jehani Vs. ITO [2024] 159 taxmann.com 9 (Mum-Trib.)\n(ix) Ketan Harilal Mehta HUF Vs. ITO (ITA No.770/MUM/2023)\n(x) Shri Prakash Javia HUF Vs. ITO (ITA No.464/IND/2019)\n(xi) Arpit Mahendrabhai Shah Vs. DCIT (ITA No.112/SRT/2023)\n(xii) Shri Arnav Goyal Vs. ITO (ITA No.275/JP/2020)\n(xiii) Suresh M. Jain HUF Vs. ITO (ITA NO.6614/MUM/2019

M/S. SHREE HARI DEVELOPERS,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-9(1),, AHMEDABAD

In the result, appeal of the assessee in ITA No

Bench: Shri N.K. Billaiya & Shri Mahavir Prasad

6. The Housing Project is normally developed and built as per the 'modus operandi' mentioned above. Therefore, undoubtedly the Housing ITA No.493/Ahd/2011 & 230 & 1783/Ahd/2012 Asst.Year – 2007-08, 2008-09 & 2009-10 Project is a 'baby' of the developer partnership-firm or its partners because; the conception of the Housing Project took place in the mind of a group of entrepreneurs