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

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

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2012-13

transfer pricing adjustment of Rs.60,83,440/- pertaining to corporate guarantee fee; as made by the TPO and affirmed in dispute resolution penal; "DRP"s directions. The said lower authorities hold that the assessee ought to have charged @1.24% on corporate guarantee amount of Rs.49,06,00,000/-. The assessee admittedly had provided the corporate guarantee in question

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

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

Bench: Ms. Suchitra Kamble & Shri Makarand Vasant Mahadeokarassessment Year: 2012-13

transfer pricing adjustment of Rs.60,83,440/- pertaining to corporate guarantee fee; as made by the TPO and affirmed in dispute resolution penal; "DRP"s directions. The said lower authorities hold that the assessee ought to have charged @1.24% on corporate guarantee amount of Rs.49,06,00,000/-. The assessee admittedly had provided the corporate guarantee in question

THE ACIT, ANAND CIRCLE,, ANAND vs. M/S. CHHOTABHAI JETHABHAI PATEL & CO.,, KHEDA

In the result, the appeal of the revenue is dismissed

Bench: Ms. Suchitra Kamble (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

transfer pricing is concerned with the determination of Arm's Length Price of the specified domestic transactions carried out by the assessee? 5. The appellant craves leave to add, modify, amend or alter any grounds of appeal at the time of, or before, the hearing of appeal. Relief claimed in appeal It is prayed that the Hon'ble ITAT, Ahmedabad

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA vs. M/S. SUN PHARMA LABORATORIES LTD.,, MUMBAI

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

135 taxmann.com 286, freebies provided to Doctors cannot be allowed as revenue expenditure u/s. 37(1) of the Act. 6. We have heard the rival contentions, perused the materials available on record and given our thoughtful consideration. The assessee has claimed accommodation, business promotion and conference expenses incurred, which are mainly gifts and freebies to doctors. While passing the assessment

SUN PHARMA LABORATORIES LTD.,,MUMBAI vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, BARODA

In the result, the Department’s appeal is partly allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

135 taxmann.com 286, freebies provided to Doctors cannot be allowed as revenue expenditure u/s. 37(1) of the Act. 6. We have heard the rival contentions, perused the materials available on record and given our thoughtful consideration. The assessee has claimed accommodation, business promotion and conference expenses incurred, which are mainly gifts and freebies to doctors. While passing the assessment

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. SHRI SANJAY KISHANLAL BISHNOI,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Suchitra Kamble

transfer of their payment of 10X20 fcl i.e. Total payment of USD 890-300 = 590X180= USD 106200 on 25.06.2014 through channels other than normal banking channel. 4.1.5 Page No. 45 to 51 of the made up File No. 5, which was an email correspondence between e-mail ID: info@africorp-sd.com (Mr. Mohmmed Huron of M/s. Africorp - International Co., Ltd.) and their

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. SHRI SANJAY KISHANLAL BISHNOI,, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Suchitra Kamble

transfer of their payment of 10X20 fcl i.e. Total payment of USD 890-300 = 590X180= USD 106200 on 25.06.2014 through channels other than normal banking channel. 4.1.5 Page No. 45 to 51 of the made up File No. 5, which was an email correspondence between e-mail ID: info@africorp-sd.com (Mr. Mohmmed Huron of M/s. Africorp - International Co., Ltd.) and their

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

135(cal.); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn. Ltd. (2023) 149 taxmann.com 181 (Cal); Infrastructure Logistics (P.) Ltd. v. Jt. CIT (2022) 141 taxmann.com 24(Panaji-Trib.); Jt. CIT v. Rare Enterprises (2021] 124 taxmann.com 71(Mum-Trib); Kodagu District Co-operative Central Bank Ltd. v. Asst. CIT (2021) 124 taxmann.com 597 (Kar.); Pr. CIT v. Hindusthan

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

135(cal.); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn. Ltd. (2023) 149 taxmann.com 181 (Cal); Infrastructure Logistics (P.) Ltd. v. Jt. CIT (2022) 141 taxmann.com 24(Panaji-Trib.); Jt. CIT v. Rare Enterprises (2021] 124 taxmann.com 71(Mum-Trib); Kodagu District Co-operative Central Bank Ltd. v. Asst. CIT (2021) 124 taxmann.com 597 (Kar.); Pr. CIT v. Hindusthan

SUZLON ENERGY LTD.,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

135(cal.); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn. Ltd. (2023) 149 taxmann.com 181 (Cal); Infrastructure Logistics (P.) Ltd. v. Jt. CIT (2022) 141 taxmann.com 24(Panaji-Trib.); Jt. CIT v. Rare Enterprises (2021] 124 taxmann.com 71(Mum-Trib); Kodagu District Co-operative Central Bank Ltd. v. Asst. CIT (2021) 124 taxmann.com 597 (Kar.); Pr. CIT v. Hindusthan

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-4(1)(1), AHMEDABAD vs. SUZLON ENERGY LTD.,, AHMEDABAD

In the result the Ground Nos

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

135(cal.); Pr. CIT v. West Bengal Infrastructure Development Finance Corpn. Ltd. (2023) 149 taxmann.com 181 (Cal); Infrastructure Logistics (P.) Ltd. v. Jt. CIT (2022) 141 taxmann.com 24(Panaji-Trib.); Jt. CIT v. Rare Enterprises (2021] 124 taxmann.com 71(Mum-Trib); Kodagu District Co-operative Central Bank Ltd. v. Asst. CIT (2021) 124 taxmann.com 597 (Kar.); Pr. CIT v. Hindusthan

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

Transfer Pricing addition :Rs. 60,83,440/- ii. Disallowance u/s 36(1)(iii) :Rs. 1,68,88,558/- iii. Disallowance u/s 35(2AB) :Rs. 3,82,99,313/- iv. Disallowance u/s 14A :Rs. 55,64,491/- v. Disallowance of deduction u/s 80IB :Rs.16,34,58,692/- vi. Disallowance of Foreign Currency Loss :Rs.25,39,60,000/- vii. Inadmissible expense

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

Transfer Pricing addition :Rs. 60,83,440/- ii. Disallowance u/s 36(1)(iii) :Rs. 1,68,88,558/- iii. Disallowance u/s 35(2AB) :Rs. 3,82,99,313/- iv. Disallowance u/s 14A :Rs. 55,64,491/- v. Disallowance of deduction u/s 80IB :Rs.16,34,58,692/- vi. Disallowance of Foreign Currency Loss :Rs.25,39,60,000/- vii. Inadmissible expense

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-4(1)(2),, AHMEDABAD

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

Transfer Pricing upward adjustment u/s.92CA(1) of the I.T Act as under: (a) Corporate Guarantee to Aes 8,32,291 (b) Capital Infusion to Aes 14,05,927 (c) Interest on Loan to Aes 4,39,625 Total: 26,77,843 10. On the facts and in the circumstances of the case, the learned CIT(Appeal) erred in confirming exclusion

GALAXY DEVELOPERS,AHMEDABAD vs. THE ACIT., CIRCLE-7(2), AHMEDABAD

In the result, the Appeal of the assessee is allowed

transferred on change of jurisdiction, and further notices under section 142(1) along with detailed questionnaires were issued from time to time, calling for various details including explanation for valuation of land purchases and justification for not disclosing any income under the head “Income from House Property” in respect of unsold flats held as stock-in-trade.\nDuring the course