Commissioner of Customs v. Indian Oil Corporation Ltd.

THEITOWARD23, PORBANDAR vs. PRAFUL MAGANLAL PAIDA, PORBANDAR

In the result, the appeal of the Revenue (in ITA No

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

…आयकर अपीलीय अिधकरण, राजकोट "ायपीठ, राजकोट। In The Income Tax Appellate Tribunal, Rajkot Bench, Rajkot Before Dr. Arjun Lal Saini, Accountant Member And Dr. Dinesh Mohan Sinha, Judicial Member आयकर अपील सं./ ITA No. 878/Rjt/2025 िनधा"रण वष" / Assessment Year: (2017-18) (Physical Hearing) Income Tax Officer, Ward-2(3), Praful Maganlal Paida, Porbandar. Prop. of Kaveri Jewellers, Income Tax Office, Kuber Landmark, Vs. Soni Bazar, Manek Chowk, 2nd Floor, S.V.P. Road, Porbandar-360575 Porbandar-360575 PAN/GIR No.: BNSPP3886K (Assessee) (Respondent) िनधा"रती की ओर से/Assessee by : Shri Mehul Ranpura, AR राज" की ओर से…

BR ASSOCIATES ,UTTARAKAHAND vs. ACIT , RISHIKESH

In the result, the appeal of the assessee is allowed and the assessment order is quashed

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2016-17] M/S. B R Associates Vs Acit Jolly Grant, Circle-1(4)(1) Bhaniyawala, Dehradun, Rishikesh, Uttarakhand-248140 Uttarakhand-249201 Pan-Aaqfb6241E Appellant Respondent Assessee By Shri Kanwal K.Juneja, Ca Revenue By Shri A.S.Rana, Sr.Dr Date Of Hearing 10.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 08.07.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Cit(A), Dehradun/10296/2018-19 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 28.12.2018 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Its Return Of Income On 08.10.2016 Declaring Total Income At Inr 46,02,250/-. The Case Was Selected For Scrutiny Under Cass & The Notice Was Issued By Ito, Ward-1(2), Dehradun Thereafter, The Case Was Transferred To Dcit, Circle-1(1)(1), Dehradun. Thereafter, Various Notices Were Issued & Replies Were Filed By The Assessee. After Considering The Submissions, Total Income Was Assessed At Inr 1,93,96,755/- By Making Addition Of Inr 55.00 Lakhs Towards Bogus Advances & Inr 14,13,600/- As Deemed Income & Further Disallowance Of Expenses Of Inr 78,80,905/- Was Made.

…r than that prescribed in the said instruction. Our aforesaid view is fortified by the Judgments of the Hon’ble Supreme Court in the case of UCO Bank Vs. CIT (1999) 237 ITR 889 (SC) and Commissioner of Customs etc. Vs. Indian Oil Corporation Ltd. &Anr. (2004) 267 ITR 272 (SC). In the aforesaid judgments it was held by the Hon’ble Apex Court that though the CBDT/CBEC circulars are not binding on court or the assessee, but the departmental authorities are bound by them and cannot act in contravention of the same. Also, support is drawn from the judgment of the Hon’ble High Court of Chhattisgarh in the case of Dy. C…

INCOME TAX OFFICER WARD 2(1), JAMNAGAR vs. CHANDRASHEKHAR SHARAD YAGNIK, JAMNAGAR

In the result, the appeal of the Revenue (in ITA No

Bench: Dr. Arjun Lal Saini

…आयकर अपीलीय अिधकरण,राजकोट "ायपीठ, राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, “SMC” RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER आयकरअपीलसं/.ITA No.124/RJT/2026 िनधा"रणवष"/Assessment Year: (2020-21) Income Tax Officer Vs. Chandrashekhar Sarad Yagnik 316, Aaykar Bhawan, Jamnagar A1001, Nirman Rejoice, Jagatpur Rajkot Highway, Jamnagar Digvijaynagar PO, GOTA, Ahmedabad, Jamnagar-361001 Ahmedabad-382470 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AAHPY1867E (Appellant) (Respondent) िनधा"रती क" ओर से/Assessee by : Shri Kumar Pandya, Ld. AR राज"व क" ओर से/Revenue by : Shri Dheeraj Kumr Gupta, Ld. Sr-…

M/S NIHAL PROJECTS,KACHCHH vs. ITO WARD 2 , GANDHIDHAM

In the result, the appeal of the assessee is

…mplete scrutiny or a compulsory manual scrutiny. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs Vs. Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. The assessment fr…

INCOME TAX OFFICER, MORBI vs. NEETABEN ATULBHAI SHERASIYA, MORBI

In the result, the appeal of the Revenue (in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No. 364/Rjt/2025 िनधा"रण वष"/ Assessment Year: (2017-18) The Ito, Ward-1, Vs. Neetaben Atulbhai Sherasiya Kj Chamber, Nh 8A, At. Block No.51, Madhapar, Vavdi Lalpar, Road, Morbi-363641 Morbi-363642 Pan : Edhps6760R Appellant Respondednt Appellant By Shri Chetan Agarwal, Ld. A.R. Respondent By Shri Abhimanyu Singh Yadav, Sr. Dr Date Of Hearing 27/08/2025 Date Of Pronouncement 13/10/2025

…CBDT Circular No.09/2024 referred to above. 5. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. The appeal under…

INCOME TAX OFFICER, DWARKA vs. AMARSANG MURUBHA SUMANIYA, VILLAGE NAGESHWAR

In the result, the appeal of the Revenue(in ITA No

…e CBDT Circular No.09/2024 referred to above. 5. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. The appeal under…

INCOME TAX OFFICER, MORBI vs. PRAVINKUMAR JETHABHAI MORDIYA, MORBI

In the result, the appeal of the Revenue in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.61/Rjt/2025 ("नधा"रणवष" / Assessment Year: (2017-18) Income Tax Officer Pravinkumarjethabhaimordiya Vs. Aayakar Vibhag, Jk Chamber, Prop. Of Virat Agency, Na Vadela Nh 8A, At. Lalpar, Road, Morbi – 363642 Morbi – 363642 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Avgpm5720L (Assessee) (Respondent)

…IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER AND SHRI DINESH MOHAN SINHA, JUDICIAL MEMBER आयकरअपीलसं./ITA No.61/RJT/2025 ("नधा"रणवष" / Assessment Year: (2017-18) Income Tax Officer PravinkumarJethabhaiMordiya Vs. Aayakar Vibhag, JK Chamber, Prop. of Virat Agency, Na Vadela NH 8A, At. Lalpar, Road, Morbi – 363642 Morbi – 363642 "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AVGPM5720L (Assessee) (Respondent) Assesseeby :Ms. Kaushali Shah, A.R. Revenueby :Shri Abhimanyu Singh Yadav, Sr.DR Date of Hearing : 26/06/2025 Date of Pronouncement : 30/06/2025 आदेश / O R D…

SHREE SWAMINARAYAN MANDIR TRUST ,RAMPAR vs. THE ITO, EXEMPTION WARD - 1, RAJKOT

In the result, appeal filed by the assessee is allowed for statistical purpose, in above terms

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.340/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2020-21)

…asis of which such registration has been granted. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. 15.For the sake o…

RAJASHIBHAI BHIMABHAI BAPODARA,PORBANDAR vs. WARD - 2(4), PORBANDAR

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

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.325/Rjt/2024 Assessment Year: (2017-18) (Hybrid Hearing) Rajashibhai Bhimabhai Vs. The Income Tax Officer, Bapodara Main Chowk Ward – 2(4), Porbandar – Bapodar, Ranavav Porbandar, 360570 Gujarat - 360570 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Arspb7433P (Appellant) (Respondent)

…ascertain whether the same is explained or not. It is a settled law that the Circulars issued by CBDT are binding on the Revenue. This position was confirmed by the Apex Court in the case of Commissioner of Customs vs. Indian Oil Corporation Ltd. reported in 267 ITR 272 wherein their Lordships examined the earlier decisions of the Apex Court with regard to binding nature of the Circular and laid down that when a circular issued by the Board remains in operation then the Revenue is bound by it and cannot be allowed to plead that it is not valid or that it is contrary to the terms of the statute. 12. Considering…