SCHAEFFLER INDIA LTD.(A SUCCESSOR OF LUK INDIA PVT. LTD)),VADODARA vs. THE ACIT, CIRCLE-1(1)(1) (EARLIER ACIT, CIRCLE-1, HOSUR), VADODARA

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Transfer Pricing Adjustment in respect of aforesaid services and accepted the payment of Management Fees to be at Arm’s Length Price. Further, we also observe that Ld. CIT(A) has made a detailed comparison between the decision rendered by ITAT, Pune Bench in the case of a group company (INA Bearings) in respect of management services and after

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

THE DY.COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHAI ENTERPRISES LIMITED,, VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY.COMMISSIONER OF INCOME TAX,CIRCLE-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHI ENTERPRISES LIMITED,, VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA vs. AMBALAL SARABHI ENTERPRISES LIMITED,, VADODARA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

AMBALAL SARABHAI ENTERPRISES LIMITED,,BARODA vs. THE ACIT.,CIRCLE-1(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

AMBALAL SARABHAI ENTERPRISES LIMITED,,BARODA vs. THE ACIT.,CIRCLE-1(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

AMBALAL SARABHAI ENTERPRISES LTD.,,BARODA vs. THE DY. COMMISSIONER OF INCOME TAX-1(1)(1),, BARODA

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) By :

va) and 43B of the Act. 10. SUNDRY DEBIT BALANCES WRITTEN OFF - RS. 58.35 LAKH - (PARA 4.10, PAGE 26 OF APPELLATE ORDER) 10.1 CIT(A) has grievously erred in fact and in law in upholding disallowance of part of the claim of business loss u/s.28 of the Act of Rs.58.35 lakh without appreciating the facts and relevant materials placed

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. N K PROTEINS PRIVATE LIMITED, AHMEDABAD

In the result, no question of law arises

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

va) 71,060 Interest Capitalization of WIP 4,88,000 Prior Period Income 1,05,89,848 Interest free advances 4,24,000 Interest free advances to Shri Nilesh Keshavlal Patel 61,677 4. Aggrieved by the order of the Assessing Officer, assessee filed appeal before the Ld. CIT(A) who has given partial relief to the assessee. 5. Aggrieved

N K PROTEINS PVT. LIMITED,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), AHMEDABAD

In the result, no question of law arises

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

va) 71,060 Interest Capitalization of WIP 4,88,000 Prior Period Income 1,05,89,848 Interest free advances 4,24,000 Interest free advances to Shri Nilesh Keshavlal Patel 61,677 4. Aggrieved by the order of the Assessing Officer, assessee filed appeal before the Ld. CIT(A) who has given partial relief to the assessee. 5. Aggrieved

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)

36(1)(va) r.w.s.2(24)(x) for delayed payment of employees’ contribution to ESIC Rs.34,083/- 7. Ground No.7 Loss on sale of land Rs.49,80,848/- 8. Ground No.8 Deduction of education and secondary & higher education cess under section 37(1) 3. The Ground No.1 relates to disallowance of deduction u/s.80IB/ 80-IE in respect of interest on staff

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)

36(1)(va) r.w.s.2(24)(x) for delayed payment of employees’ contribution to ESIC Rs.34,083/- 7. Ground No.7 Loss on sale of land Rs.49,80,848/- 8. Ground No.8 Deduction of education and secondary & higher education cess under section 37(1) 3. The Ground No.1 relates to disallowance of deduction u/s.80IB/ 80-IE in respect of interest on staff

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

THE DCIT, CIR-3(1)(1), AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

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

36(1)(va) of the Act. Nirma Limited Vs. DCIT (Five Appeals) 5 5.1 We find that, in this case, the amount was credited to the relevant account only after the due date. We find that this issue already stands covered by the decision of the Tribunal in assessee’s own case for AY 2011-12 in ITA No.1872/Ahd/2016 (Order

M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

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

36(1)(va) of the Act. Nirma Limited Vs. DCIT (Five Appeals) 5 5.1 We find that, in this case, the amount was credited to the relevant account only after the due date. We find that this issue already stands covered by the decision of the Tribunal in assessee’s own case for AY 2011-12 in ITA No.1872/Ahd/2016 (Order

NIRMA LIMITED,,AHMEDABAD vs. DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

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

36(1)(va) of the Act. Nirma Limited Vs. DCIT (Five Appeals) 5 5.1 We find that, in this case, the amount was credited to the relevant account only after the due date. We find that this issue already stands covered by the decision of the Tribunal in assessee’s own case for AY 2011-12 in ITA No.1872/Ahd/2016 (Order