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7 results for “depreciation”+ Section 10Bclear

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Key Topics

Section 10A16Section 10B12Section 2636Deduction6Section 685Section 36(1)5Exemption4Disallowance4Section 271(1)(c)3Section 143(3)

THE ACIT, CIRCLE-2,, JAMNAGAR vs. M/S. DEEP RECYCLOING INDUSTRIES,, JAMNAGAR

In the result, both the appeals filed by the Revenue are dismissed

ITA 367/RJT/2013[2010-11]Status: DisposedITAT Rajkot08 Oct 2018AY 2010-11

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Praveen Verma, Sr. D.RFor Respondent: Shri Ankit Gokani, A.R
Section 10BSection 10B(4)

section 10B of the act the reduction of eligible profit by hypothetical sum of interest and remuneration to the partners cannot be permitted. C) The Hon ITAT in case of Divine Impex has held that interest and remuneration should be reduced from the eligible profit of the industrial undertaking where there is a provision in the deed of partnership

THE DY. COMMR. OF INCOME TAX, CIRCLE-1,, JAMNAGAR vs. M/S. DEEP RECYCLING IND.,, JAMNAGAR

In the result, both the appeals filed by the Revenue are dismissed

3
Section 36(1)(viii)3
Addition to Income3
ITA 324/RJT/2015[2011-12]Status: DisposedITAT Rajkot08 Oct 2018AY 2011-12

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Praveen Verma, Sr. D.RFor Respondent: Shri Ankit Gokani, A.R
Section 10BSection 10B(4)

section 10B of the act the reduction of eligible profit by hypothetical sum of interest and remuneration to the partners cannot be permitted. C) The Hon ITAT in case of Divine Impex has held that interest and remuneration should be reduced from the eligible profit of the industrial undertaking where there is a provision in the deed of partnership

THE ITO, WARD-2,, JUNAGADH vs. M/S D. JEWEL,, JUNAGADH

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

ITA 15/RJT/2017[2013-14]Status: DisposedITAT Rajkot24 Jun 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.15/Rjt/2017 िनधा"रण वष"/Asstt. Year: 2013-2014 Income Tax Officer, M/S. D. Jewel, Ward-2, Vs. 1-Shishu Mangal Road, Junagadh. Gandhigram, Junagadh.

For Appellant: Shri Samir Jani, A.RFor Respondent: Shri S.S. Rathi, Sr.D.R
Section 10ASection 115J

depreciation account, it was found that there was no plant and machinery used in the manufacturing of gold ornaments purchased. The items, shown in the financial statements under the head plant and machinery were representing CCTV, Godrej Safe, Excide Battery, Computer, EPABX, Water Pump etc. which are not used in the manufacturing activities. iii. To carry out the manufacturing activity

THE ITO, WARD-1 (2) (2),, RAJKOT-GUJARAT vs. M/S SRV METALS PRIVATE LIMITED, RAJKOT-GUJARAT

In the result, appeal filed by the Revenue is allowed for statistical purpose

ITA 428/RJT/2015[2009-10]Status: DisposedITAT Rajkot15 Feb 2023AY 2009-10

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2009-10

For Appellant: NoneFor Respondent: Shri B.D. Gupta, Sr. DR
Section 10BSection 142(1)Section 143(3)Section 40Section 43BSection 68

Section 10B of the Act amounting to Rs.43,72,643/-, the said exemption was already allowed in A.Y. 2006-07 and, therefore, the Revenue cannot take a different stand in this particular year. The assessee has given all the details and the same was taken cognisance by the CIT(A). Thus, there is no need to interfere with the same

M/S SHREE RAJMOTI INDS.,,RAJKOT-GUJARAT vs. THE A. C.I.T., CIRCLE-2(1),, RAJKOT-GUJARAT

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

ITA 172/RJT/2019[2013-14]Status: DisposedITAT Rajkot27 Sept 2023AY 2013-14

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 10(34)Section 271Section 271(1)(c)

depreciation could not give rise to any question of concealment of income Whether Tribunal was right in so holding - Held, yes [Para 13] [In favour of assessee]” 8.2. The Bombay High Court in the case of PCIT Vs. Sesa Goa Ltd. reported in [2021] 132 taxmann.com 42 (Bombay) held as follows: “Section 271(1)(c) of the Income

ACIT, CIR-1(1), RAJKOT, RAJKOT vs. SHRI RAJKOT DISTRICT CO OPERATIVE BANK LTD, RAJKOT

The appeal of the revenue is dismissed

ITA 188/RJT/2024[2015-16]Status: DisposedITAT Rajkot05 Aug 2025AY 2015-16

Bench: Dr. Arjun Lal Saini. & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.188/Rjt/2024 िनधा"रणवष"/ Assessment Year: (2015-16) (Hybrid Hearing) Assistant Commissioner Of Income- Vs. Rajkot District Co-Operative Bank Tax, Circle-1 (1), Rajkot Limited Room No.502, Aayakar Bhawan, Jilla Bankbhavan, Kasturba Road, Race Course Ring Road, Rajkot- Opp: Chaudhary High School, 360001 Rajkot 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaar0564K (Appellant) (Respondent) Appellant By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld.Sr.Dr : 09/06 /2025 Date Of Hearing Date Of Pronouncement : 05/08 /2025

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld.Sr.DR
Section 143(3)Section 36(1)Section 36(1)(viii)

depreciation in respect of leased out assets had been allowed in earlier years, there being no change in circumstances, following rule of consistency, said claim was to be allowed in relevant year also” (b) CIT(E) vs Gujarat Lion Conservation Society (2024) 166 taxmann.com 430 (Gujarat). THE ACIT CIR.1(1) RAJKOT “Where assessee-trust during year received certain amount from

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

ITA 185/RJT/2023[2017-18]Status: DisposedITAT Rajkot17 Jul 2025AY 2017-18

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

For Appellant: Shri Hardik Vora, Ld. A.RFor Respondent: Shri Sanjay Pungalia, Ld. Sr. DR
Section 263

10b) of the Act, which states that where the total income determined under clause (a) of sub-section (1) of section or assessed, reassessed or recomputed in a preceding order is loss, the amount of tax calculated on the under-reported income as if it were the total income. Hence, non-levy of penalty is an error which is also