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

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

section 35(2AB) of the Act at Rs.2,10,44,148 in para 6.15 of the order (page 124) without appreciating that out of total disallowance of Rs. 850.93 lacs (para 6.13, page 109), on considering relief of ITA Nos. 1334 to 1336/Ahd/2017 & ITA Nos. 1644 to 1646/Ahd/2017 Intas Pharmaceuticals Ltd. vs. ACIT Asst. Years

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. INTAS PHARMACEUTICALS PVT. LTD.,, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

section 35(2AB) of the Act at Rs.2,10,44,148 in para 6.15 of the order (page 124) without appreciating that out of total disallowance of Rs. 850.93 lacs (para 6.13, page 109), on considering relief of ITA Nos. 1334 to 1336/Ahd/2017 & ITA Nos. 1644 to 1646/Ahd/2017 Intas Pharmaceuticals Ltd. vs. ACIT Asst. Years

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

section 35(2AB) of the Act at Rs.2,10,44,148 in para 6.15 of the order (page 124) without appreciating that out of total disallowance of Rs. 850.93 lacs (para 6.13, page 109), on considering relief of ITA Nos. 1334 to 1336/Ahd/2017 & ITA Nos. 1644 to 1646/Ahd/2017 Intas Pharmaceuticals Ltd. vs. ACIT Asst. Years

INTAS PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD

Accordingly the claim of expenditure is allowed as revenue

Bench: Smt. Annapurna Gupta& Shri Siddhartha Nautiyal

section 35(2AB) of the Act at Rs.2,10,44,148 in para 6.15 of the order (page 124) without appreciating that out of total disallowance of Rs. 850.93 lacs (para 6.13, page 109), on considering relief of ITA Nos. 1334 to 1336/Ahd/2017 & ITA Nos. 1644 to 1646/Ahd/2017 Intas Pharmaceuticals Ltd. vs. ACIT Asst. Years

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. SAI KRUPA DEVELOPERS, AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

transferred from Jurisdictional A.O. to Central Circle without obtaining the consent of the assessee U/s. 127 of the Act. Therefore, the order of A.O. is without Jurisdiction. 2. Learned CIT(A) has erred in confirming the proceedings of A.O. in re- opening the assessment U/s. 147. Though the assessment is based on incriminating material found during Search at Robin Goenka

SAI KRUPA DEVELOPERS,AHMEDABAD vs. THE ACIT, CEN. CIR.1(2), AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

transferred from Jurisdictional A.O. to Central Circle without obtaining the consent of the assessee U/s. 127 of the Act. Therefore, the order of A.O. is without Jurisdiction. 2. Learned CIT(A) has erred in confirming the proceedings of A.O. in re- opening the assessment U/s. 147. Though the assessment is based on incriminating material found during Search at Robin Goenka

ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. SAI KRUPA DEVELOPERS, AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

transferred from Jurisdictional A.O. to Central Circle without obtaining the consent of the assessee U/s. 127 of the Act. Therefore, the order of A.O. is without Jurisdiction. 2. Learned CIT(A) has erred in confirming the proceedings of A.O. in re- opening the assessment U/s. 147. Though the assessment is based on incriminating material found during Search at Robin Goenka

SAI KRUPA DEVELOPERS,AHMEDABAD vs. THE ACIT, CEN. CIR.1(2), AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

transferred from Jurisdictional A.O. to Central Circle without obtaining the consent of the assessee U/s. 127 of the Act. Therefore, the order of A.O. is without Jurisdiction. 2. Learned CIT(A) has erred in confirming the proceedings of A.O. in re- opening the assessment U/s. 147. Though the assessment is based on incriminating material found during Search at Robin Goenka

SAI KRUPA DEVELOPERS,AHMEDABAD vs. THE ACIT, CEN. CIR.1(2), AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

transferred from Jurisdictional A.O. to Central Circle without obtaining the consent of the assessee U/s. 127 of the Act. Therefore, the order of A.O. is without Jurisdiction. 2. Learned CIT(A) has erred in confirming the proceedings of A.O. in re- opening the assessment U/s. 147. Though the assessment is based on incriminating material found during Search at Robin Goenka

DEPUTY COMMISSIONER OF INCOME -TAX, AHMEDABAD vs. PRIYA BLUE RECYCLING LLP, GUJARAT

In the result, the appeal of the Department is dismissed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

sections 153A and 148 of the Act. were DCIT vs. Priya Blue Recycling LLP Asst.Year –2018-19 - 2– issued, and the assessment was carried out by the Deputy Commissioner of Income Tax (DCIT). During the assessment proceedings, the AO referred the matter to the Transfer Pricing

THE UNITED BUILDERS CORPORATION ,,AHMEDABAD vs. DY.CIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

148, section 149, section 151 and section 153,\nwhere the Assess Officer is satisfied that any money, bullion,\njewellery or other valuable article thing or books of account or\ndocuments seized or requisitioned belongs belong to a person other\nthan the person referred to in section 153A, then the books of account\nor documents or assets seized or requisitioned shall

THE MODERN CONSTRUCTION CO. PVT. LTD.,AHMEDABAD vs. ITO, WARD-2(1)(4), AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

148, section 149, section 151 and section 153,\nwhere the Assess Officer is satisfied that any money, bullion,\njewellery or other valuable article thing or books of account or\ndocuments seized or requisitioned belongs belong to a person other\nthan the person referred to in section 153A, then the books of account\nor documents or assets seized or requisitioned shall

BUNDY INDIA LTD.,,BARODA vs. THE DCIT, CIRCLE-1(1),, BARODA

In the result, the appeal preferred by the assessee is allowed in part

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinha

Transfer Pricing Officer (TPO) was made for determining the Arm’s Length Price (ALP) of these international transaction. The international services were in respect of manufacturing segment, management support services and IT enabled support services (ITES). The TPO vide order u/s. 92CA(3) of the Act dated 21.10.2010 proposed a total TP adjustment of Rs.6,29,55,148/- as under

PARULBEN VIJAYKUMAR PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

148; (f) the amount of deemed total income reassessed as per the provisions of section 115JB or section 115JC, as the case may be, is greater than the deemed total income assessed or reassessed immediately before such reassessment; (g) the income assessed or reassessed has the effect of reducing the loss or converting such loss into income. (6) The under

THAKORBHAI MAGANBHAI PATEL,VADODARA vs. THE ITO, WARD- 3(1)(1), VADODARA

148 of\nthe Act was upheld and the Assessing Officer was permitted to complete the\nreassessment after taking into account the evidence that may be brought on\nrecord by the assessee. The Ld. CIT(A) has followed the said binding decision\nwhile rejecting the legal challenge to the reopening.\n11. The Hon'ble High Court of Gujarat in the assessee

GFL LIMITED (EARLIER KNOWN AS GUJARAT FLUOROCHEMICALS LTD.),VADODARA vs. THE PR. CIT-1, VADODARA

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

148,81,42,146/-. 4. Upon examination of the revised return, Principal CIT observed that the assessee had claimed deduction under section 80IA of ₹12,92,69,075/- for its Coal Based Captive Power Plant at Dahej and ₹26,99,47,214/- for the Wind Power Unit at Mahidad. The AO, in his assessment order, disallowed the entire deduction claimed

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

The appeal of the assessee is partly allowed in the above terms for statistical purpose

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarit(Tp)A No.446/Ahd/2015 Assessment Year : 2010-11 M/S.Atul Limited Dcit, Cir.1(1)(2) Atul House Vs Ahmedabad. Gi Patel Marg Ahmedabad 380 014. Pan : Aabca 2390 M

transfer pricing adjustment made to the international transactions entered into by the assessee with its AE in terms of provisions of section 92CA of the Act. The said grounds read as under: “1. Ld. AO/ TPO/ DRP erred in law and on facts in determining upward adjustment of Rs. 1, 60, 31, 0507- in respect of international transaction without

BHAVNA SHETALKUMAR PATEL,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1), AHMEDABAD

In the result, the appeal of the assessee stands allowed

transfer. In these circumstances, the plea raised in the additional\nground is contrary to the record, devoid of merit, and does not give rise\nto any triable issue. The additional ground is accordingly not admitted.\n13.\nThe AR assailed the validity of the reassessment proceedings\ninitiated for the Assessment Year 2016-17 on several grounds. It was\nsubmitted that