THE ACIT, MORBI CIRCLE,, RAJKOT-GUJARAT vs. M/S. VISHALDEEP SPINNING MILLA LTD.,, MUMBAI

In the result, appeal filed by the Revenue is hereby dismissed

depreciation for such succeeding year the unabsorbed depreciation is added to the current depreciation for such succeeding

DR. SUBHASH PETHALJI CHAVDA AHIR KELVANI MANDAL,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-2,, RAJKOT

The appeal of the assessee is allowed

depreciation was denied for the reason that the assessee had claimed the investment in fixed assets, to which the depreciation

SAURASHTRA GRAMIN BANK MANAGER (F & A), RAJKOT,RAJKOT vs. THE PR. COMMISSIONER OF INCOME TAX-I,, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 37/Rjt/2022 (Assessment Year: 2017-18) (Hybrid Hearing) Saurashtra Gramin Bank Vs. The Pr. Cit-1, Manager (F & A), Rajkot 1St Floor Wing 2, Lic Jeevan Prakash Building, Tagore Road, Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahas2116H (अपीलाथ"/Appellant) (""यथ"/Respondent)

Depreciation Reserve" as allowable expenditure on account of depreciation on investment, however, the nature of deduction is notional

THA ACIT, CIRCLE MORBI, MORBI vs. M/S. JAXX VITRIFIED PVT. LTD. , MORBI

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

depreciation @10% claimed in assessment year 2013-14 on the basis that 20% depreciation is available to the assessee

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM vs. M/S H.D. ENTERPRISE,, BHUJ

The appeals of the Revenue are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysr. Asstt. Name Of Name Of Ita No. No. Year Appellant Respondent Deputy Commissioner Of M/S. H.D. Income-Tax, Enterprise, 1St Floor, Pooja 1. 110/Rjt/2016 2011-12 Gandhidham Circle, Complex, Station Gandhidham- Road, Bhuj-Kutch Kutch Assistant Commissioner Of Income-Tax 2. 205/Rjt/2016 2012-13 Gandhidham -Do- Circle, Gandhidham- Kutch 3. 237/Rjt/2016 2013-14 -Do- -Do- (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri M. N. Maurya, Cit Dr ""यथ" क" ओर से/Respondent By : Shri D. M. Rindani, Ar सुनवाई क" तार"ख / Date Of Hearing 25/02/2020 घोषणा क" तार"ख /Date Of Pronouncement 28/02/2020 आदेश / O R D E R Per Bench: These Appeals Filed By The Revenue Are Directed Against The Orders Dated 11.01.2016, 03.03.2016 & 25.04.2016 Passed By The Ld. Cit(A)-3, Rajkot Arising Out Of The Orders All Dated 24.03.2014 Passed By The Ita Nos.110,205&237/Rjt/2016 A.Y.2011-12,2012-13&2013-14 Assessing Officer, Gandhidham Under Sections 143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As “The Act”) For A.Ys. 2011-12, 2012- 13 & 2013-14 Respectively. Since All The Appeals Relate To The Same Assessee & The Issues Are Identical, These Are Heard Analogously & Are Being Disposed By A Common Order.

depreciation and the same has been restricted to 10,01,00,972/- as against the depreciation claimed by the assessee

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM vs. M/S H.D. ENTERPRISE,, BHUJ

The appeals of the Revenue are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysr. Asstt. Name Of Name Of Ita No. No. Year Appellant Respondent Deputy Commissioner Of M/S. H.D. Income-Tax, Enterprise, 1St Floor, Pooja 1. 110/Rjt/2016 2011-12 Gandhidham Circle, Complex, Station Gandhidham- Road, Bhuj-Kutch Kutch Assistant Commissioner Of Income-Tax 2. 205/Rjt/2016 2012-13 Gandhidham -Do- Circle, Gandhidham- Kutch 3. 237/Rjt/2016 2013-14 -Do- -Do- (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri M. N. Maurya, Cit Dr ""यथ" क" ओर से/Respondent By : Shri D. M. Rindani, Ar सुनवाई क" तार"ख / Date Of Hearing 25/02/2020 घोषणा क" तार"ख /Date Of Pronouncement 28/02/2020 आदेश / O R D E R Per Bench: These Appeals Filed By The Revenue Are Directed Against The Orders Dated 11.01.2016, 03.03.2016 & 25.04.2016 Passed By The Ld. Cit(A)-3, Rajkot Arising Out Of The Orders All Dated 24.03.2014 Passed By The Ita Nos.110,205&237/Rjt/2016 A.Y.2011-12,2012-13&2013-14 Assessing Officer, Gandhidham Under Sections 143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As “The Act”) For A.Ys. 2011-12, 2012- 13 & 2013-14 Respectively. Since All The Appeals Relate To The Same Assessee & The Issues Are Identical, These Are Heard Analogously & Are Being Disposed By A Common Order.

depreciation and the same has been restricted to 10,01,00,972/- as against the depreciation claimed by the assessee

THE DY. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM vs. M/S H.D. ENTERPRISE,, BHUJ

The appeals of the Revenue are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysr. Asstt. Name Of Name Of Ita No. No. Year Appellant Respondent Deputy Commissioner Of M/S. H.D. Income-Tax, Enterprise, 1St Floor, Pooja 1. 110/Rjt/2016 2011-12 Gandhidham Circle, Complex, Station Gandhidham- Road, Bhuj-Kutch Kutch Assistant Commissioner Of Income-Tax 2. 205/Rjt/2016 2012-13 Gandhidham -Do- Circle, Gandhidham- Kutch 3. 237/Rjt/2016 2013-14 -Do- -Do- (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri M. N. Maurya, Cit Dr ""यथ" क" ओर से/Respondent By : Shri D. M. Rindani, Ar सुनवाई क" तार"ख / Date Of Hearing 25/02/2020 घोषणा क" तार"ख /Date Of Pronouncement 28/02/2020 आदेश / O R D E R Per Bench: These Appeals Filed By The Revenue Are Directed Against The Orders Dated 11.01.2016, 03.03.2016 & 25.04.2016 Passed By The Ld. Cit(A)-3, Rajkot Arising Out Of The Orders All Dated 24.03.2014 Passed By The Ita Nos.110,205&237/Rjt/2016 A.Y.2011-12,2012-13&2013-14 Assessing Officer, Gandhidham Under Sections 143(3) Of The Income Tax Act, 1961(Hereinafter Referred To As “The Act”) For A.Ys. 2011-12, 2012- 13 & 2013-14 Respectively. Since All The Appeals Relate To The Same Assessee & The Issues Are Identical, These Are Heard Analogously & Are Being Disposed By A Common Order.

depreciation and the same has been restricted to 10,01,00,972/- as against the depreciation claimed by the assessee

FRIENDS SALT WORKS AND ALLIED INDUSTRIES,GANDHIDHAM vs. ACIT, CIRCLE-1, GANDHIDHAM, GANDHIDHAM

In the result, the appeal of the assessee is partly allowed, in above terms

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

depreciation claimed on "providing easy and free access & keeping the area vacant surround lease land" where wind mill of the appellant

FRIENDS SALT WORKS & ALLIED INDS.,,GANDHIDHAM vs. THE ADDL. COMMISSIONER OF INCOME TAX, RANGE GANDHIDHAM,, GANDHIDHAM

In the result, the appeal of the assessee is partly allowed, in above terms

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

depreciation claimed on "providing easy and free access & keeping the area vacant surround lease land" where wind mill of the appellant

THE ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM vs. M/S RISHI KIRAN LOGISTICS P. LTD.,, GANDHIDHAM

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

depreciation and thereby disallowed depreciation at Rs. 1,20,81,572/- and added the same to the returned

M/S. RISHI KIRAN LOGISTICS PVT. LTD.,,GANDHIDHAM vs. THE JOINT COMMR. OF INCOME TAX,, GANDHIDHAM

In the result, appeal filed by the assessee is partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

depreciation and thereby disallowed depreciation at Rs. 1,20,81,572/- and added the same to the returned

THE ITO, WARD 1(3), RAJKOT-GUJARAT vs. M/S PAVAN CONSTRUCTION CO, RAJKOT-GUJARAT

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

depreciation which suffered tax @35% on the income. Thus, the Revenue was benefited on account of non-claim of depreciation

SALIM ABDULLAH RATHOD,MUNDRA vs. DY COMMISSIONER OF INCOME TAX, GANDHIDHAM CIRCLE

In the result, the appeal of the assessee is allowed, for statistical purposes

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 277/Rjt/2023 ("नधा"रणवष"/Assessment Year: (2012-13) Salim Abdullah Rathod, Dy Commissioner Of Income Tax, 6316, Swami Vivekanand Nagar New Vs. Gandhidham Kutch, Gujarat Swaminarayan Temple Road Bhutda 370465 Wadi, Gujarat, 370465 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Adnpp3110E (अपीलाथ"/Appellant) (""यथ"/Respondent)

depreciation chart along-with the rate of depreciation claimed in accordance with the provisions of the IT Act. On perusal

M/S. GREEN EARTH BIOGAS PVT. LTD.,SURENDRANAGAR vs. THE PR. CIT-3, AHMEDABAD, AHMEDABAD

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No.185/Rjt/2023

depreciation amounting to Rs.4,28,20,442/-, which was on account of unabsorbed depreciation. It was noticed by the learned

THE ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM vs. M/S P.C. PATEL & CO.,, BHUJ

In the result, the appeal filed by the Revenue is hereby dismissed

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

depreciation on Dumper, Tipper etc. @ 30% instead of 15% of depreciation. 3. Aggrieved against the same, the assessee

THE ACIT CIRCLE- 1 (1), RAJKOT vs. M/S. MICRO MELT PVT. LTD. , SHAPAR (VERAVAL), RAJKOT

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

depreciation amounting to ₹ 8,78,248/- and business loss of ₹ 12,564/-, and out of the same, unabsorbed depreciation

M/S. EMBOZA GRANITO PVT. LTD. ,MORBI vs. THE PR. CIT-3 , RAJKOT

In the result, appeal filed by assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 240/Rjt/2019 िनधा"रण वष"/Asstt. Years: 2016-2017

depreciation of Rs. 6,25,34,642/- and additional depreciation u/s 32AC of the Act for Rs. 5,10,68,759/- only

THE ASSTT. COMMR. OF INCOME TAX, CIRCLE-1(2),, RAJKOT-GUJARAT vs. SHRI RAJKOT DISTT. CO. OP. BANK LTD.,, RAJKOT-GUJARAT

Bench: Us.

depreciation Rs.9,07,85,000/- on securities 2. Addition of Interest on NPA Rs.29,11,000/- Both the above