DCIT, CIRCLE-4(1)(1), AHMEDABAD, VEJALPUR, AHMEDABAD vs. SUNPOINT TRADING LIMITED, MEMNAGAR, AHMEDABAD

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

69 of the Act and taxed the same under section 115BBE of the Act. The assessment was completed under section 147 r.w.s.144B determining the total income at Rs.5,00,00,000/-, and penalty proceedings under section 271AAC(1) of the Act were separately initiated.\n6. In appeal, the Ld. CIT(A), considered the submissions of the assessee, including voluminous documentary

DUSHYANTSINH YADVENDRASINH CHUDASAMA,VADODARA vs. DY.COMM. OF INCOME TAX, CIRCLE-1(2), VADODARA

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.353/Ahd/2022 & 354/Ahd/2022 िनधा"रण वष" /Assessment Years : 2014-15 & 2015-16 Respectively Dushyantsinh Yadvendrasinh The Dy.Commissioner Of बनाम/ Chudasama Income Tax V/S. C/O.Anil R. Shah (Ca), Circle -1 (2) Shreeji House, 4Th Floor Vadodara – 390 007 B/H. M.J. Library Ahmedabad - 380 006 "थायी लेखा सं./Pan: Acrpc 1888 M (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Kinjal Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 19 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

TDS on interest expenses related to fleet card charges and late payment. The AO also made a substantial addition of Rs. 22,19,000/- under Section 69

DUSHYANTSINH YADVENDRASINH CHUDASAMA,VADODARA vs. INCOME TAX OFFICER, WARD-1(2)(4), VADODARA

In the result, both the appeals of the assessee are allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.353/Ahd/2022 & 354/Ahd/2022 िनधा"रण वष" /Assessment Years : 2014-15 & 2015-16 Respectively Dushyantsinh Yadvendrasinh The Dy.Commissioner Of बनाम/ Chudasama Income Tax V/S. C/O.Anil R. Shah (Ca), Circle -1 (2) Shreeji House, 4Th Floor Vadodara – 390 007 B/H. M.J. Library Ahmedabad - 380 006 "थायी लेखा सं./Pan: Acrpc 1888 M (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Kinjal Shah, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12 /03/2025 घोषणा की तारीख /Date Of Pronouncement: 19 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

TDS on interest expenses related to fleet card charges and late payment. The AO also made a substantial addition of Rs. 22,19,000/- under Section 69

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. GOYAL AND CO. (CONST.) PRIVATE LIMITED., AHMEDABAD

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita No.1836/Ahd/2024 िनधा"रण वष" /Asst.Year 2016-17 The Dcit Goyal & Co. (Const.) Private बनाम/ Central Circle-1(2), Limited V/S. Ahmedabad – 380 009 10Th Floor Commerce House Iv Beside Reliance Petrol Pump 100Ft. Road, Satellite Ahmedabad – 380 015 अपीलाथ'/ (Appellant) !( यथ'/ (Respondent) .. & Cross Objection No.42/Ahd/2024 - िनधा"रण वष" /Ay 2016-17 (In Ita No.1836/Ahd/2024 – Ay 2016-17) V/S. Goyal & Co. (Const.) Private The Dcit Limited Central Circle-1(2), 10Th Floor,Commerce House Iv Ahmedabad – 380 009 Beside Reliance Petrol Pump 100Ft. Road, Satellite Ahmedabad – 380 015 Pan: Aabcg 5459 R (Cross Objector) .. (Respondent)

69 of the Act merely on the basis of tally data found from premise of third party without any corroborative evidence. 5. In law and in the facts and circumstances of the appellant’s case, appellant craves leave to add, amend and/or alter the ground or grounds of appeal either before or at the time of hearing of the appeal

INCOME TAX OFFICER (TDS-3), AHMEDABAD, AHMEDABAD vs. TARUN SANTRAMDAS VARMA, AHMEDABAD

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

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

TDS Officer on the ground that the assessee had failed to deduct tax at source u/s 194-IA on purchase of certain land parcels. The Assessing Officer held that the total ITO Vs. Tarun Santramdas Varma Asst. Year : 2015-16 - 3– consideration of the properties exceeded Rs.50 lakh and, therefore, the provisions of section 194-IA were applicable. Accordingly

ASHOK KUMAR,MUMBAI vs. INCOME TAX OFFICER, WARD-1, INT. TAX, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

69 of the Act and the same deserves to be deleted. 3. The Appellant seeks leave to add, alter and amend the above grounds whenever required.” Additional Grounds of Appeal: “The Appellant has preferred an appeal before the Hon'ble Income Tax Appellate Tribunal, Ahmedabad against the order dated 30.01.2024 passed by the AO. The Appellant challenges the validity

NIKULBHAI CHATURBHAI PATEL, HUF,GANDHINAGAR vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

69 taxmann.com 245 (Guj), and Kothi Steel Ltd. v. ACIT [2016] 72 taxmann.com 252 (Guj), where the Gujarat High Court has held that reopening of completed assessments beyond four years is not permissible in the absence of failure by the assessee to disclose material facts. Having ITA Nos. 45to47/Ahd/2025 & 266&267/Ahd/2025 Nikulbhai Chaturbhai Patel-HUF vs. ITO ITO vs. Nikulbhai

INCOME TAX WARD 4(2)(3) AHMEDABAD, AHMEDABAD vs. NIKULBHAI CHATURBHAI PATEL HUF, GANDHINAGAR

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

69 taxmann.com 245 (Guj), and Kothi Steel Ltd. v. ACIT [2016] 72 taxmann.com 252 (Guj), where the Gujarat High Court has held that reopening of completed assessments beyond four years is not permissible in the absence of failure by the assessee to disclose material facts. Having ITA Nos. 45to47/Ahd/2025 & 266&267/Ahd/2025 Nikulbhai Chaturbhai Patel-HUF vs. ITO ITO vs. Nikulbhai

NIKULBHAI CHATURBHAI PATEL, HUF,GANDHINAGAR vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

69 taxmann.com 245 (Guj), and Kothi Steel Ltd. v. ACIT [2016] 72 taxmann.com 252 (Guj), where the Gujarat High Court has held that reopening of completed assessments beyond four years is not permissible in the absence of failure by the assessee to disclose material facts. Having ITA Nos. 45to47/Ahd/2025 & 266&267/Ahd/2025 Nikulbhai Chaturbhai Patel-HUF vs. ITO ITO vs. Nikulbhai

INCOME TAX WARD 4(2)(3) AHMEDABAD , AHMEDABAD vs. NIKULBHAI CHATURBHAI PATEL HUF, GANDHINAGAR

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

69 taxmann.com 245 (Guj), and Kothi Steel Ltd. v. ACIT [2016] 72 taxmann.com 252 (Guj), where the Gujarat High Court has held that reopening of completed assessments beyond four years is not permissible in the absence of failure by the assessee to disclose material facts. Having ITA Nos. 45to47/Ahd/2025 & 266&267/Ahd/2025 Nikulbhai Chaturbhai Patel-HUF vs. ITO ITO vs. Nikulbhai

NIKULBHAI CHATURBHAI PATEL, HUF,GANDHINAGAR vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

69 taxmann.com 245 (Guj), and Kothi Steel Ltd. v. ACIT [2016] 72 taxmann.com 252 (Guj), where the Gujarat High Court has held that reopening of completed assessments beyond four years is not permissible in the absence of failure by the assessee to disclose material facts. Having ITA Nos. 45to47/Ahd/2025 & 266&267/Ahd/2025 Nikulbhai Chaturbhai Patel-HUF vs. ITO ITO vs. Nikulbhai

ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), AHMEDABAD vs. MAHALAXMI INFRACONTRACT PRIVATE LIMITED, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

69,740/-. Upon selection of the case under scrutiny notice under Section 143(2) of the Act dated 21.03.2016 followed by different notices in terms of the provisions of law including 142(1) r.w.s. 129 of the Act dated 20.09.2016 etc. were issued. Such assessment was finalized upon restricting the disallowance @15% instead of higher rate @ 30% on depreciation

ASSTT. COMMISSIONER OF INCOME TAX,, CENTRAL CIRCLE - 1(4), AHMEDABAD vs. MAHALAXMI INFRACONTRACT PVT. LTD., AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

69,740/-. Upon selection of the case under scrutiny notice under Section 143(2) of the Act dated 21.03.2016 followed by different notices in terms of the provisions of law including 142(1) r.w.s. 129 of the Act dated 20.09.2016 etc. were issued. Such assessment was finalized upon restricting the disallowance @15% instead of higher rate @ 30% on depreciation

ASSTT. COMMISSIONER OF INCOME TAX, AHMEDABAD vs. MAHALAXMI INFRACONTRACT PRIVATE LIMITED, AHMEDABAD

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. Nos. 484, 485 & 486/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2015-16, 2017-18 & 2018-19) बनाम/ Assistant Commissioner Mahalaxmi Infracontract Of Income Tax Private Limited Vs. Central Circle-1(4), B-21, Corporate House, Ahmedabad Opp-Pakwan-Ii, S. G. Highway, Bodakdev, Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm4615E (Appellant) .. (Respondent) Assessee By : Shri S. N. Divatia & Shri B. K. Patel, A.Rs. Shri Sudhendu Das, Cit. Dr Revenue By : सुनवाई क" तार"ख / Date Of 22/01/2024 & Hearing घोषणा क" तार"ख /Date Of 31/05/2024 Pronouncement

69,740/-. Upon selection of the case under scrutiny notice under Section 143(2) of the Act dated 21.03.2016 followed by different notices in terms of the provisions of law including 142(1) r.w.s. 129 of the Act dated 20.09.2016 etc. were issued. Such assessment was finalized upon restricting the disallowance @15% instead of higher rate @ 30% on depreciation

GUJARAT ENERGY TRANSMISSION CORPN.LTD.,,BARODA vs. THE CIT-1, BARODA

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

Bench: Shri Ramit Kochar & Ms.Madhumita Roy"नधा"रणवष"/Asstt. Year: 2010-11 Gujarat Energy Transmission The Pcit-I Corporation Ltd. Vadodra Sardar Patel Vidyut Bhavan V. Race Course Circle, Baroda. Pan : Aabcg 4029 R "नधा"रणवष"/Asstt. Year: 2010-11 Gujarat Energy Transmission The Deputy Corporation Ltd. Commissioner Of Sardar Patel Vidyut Bhavan V. Income Tax, Circle Race Course Circle, Baroda. 1(1)(1), Vadodra Pan : Aabcg 4029 R Baroda.

TDS was made on these payments/credits, the amount was required to be disallowed u/s.40(a)(ia) of the Act. The ld.Pr.CIT accordingly show caused the assessee as to why the amount of Rs.1,69,44,850/- should not be disallowed under section

GUJARAT ENERGY TRANSMISSION CORPORATION LTD.,,VADODARA vs. THE DCIT, , VADODARA

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

Bench: Shri Ramit Kochar & Ms.Madhumita Roy"नधा"रणवष"/Asstt. Year: 2010-11 Gujarat Energy Transmission The Pcit-I Corporation Ltd. Vadodra Sardar Patel Vidyut Bhavan V. Race Course Circle, Baroda. Pan : Aabcg 4029 R "नधा"रणवष"/Asstt. Year: 2010-11 Gujarat Energy Transmission The Deputy Corporation Ltd. Commissioner Of Sardar Patel Vidyut Bhavan V. Income Tax, Circle Race Course Circle, Baroda. 1(1)(1), Vadodra Pan : Aabcg 4029 R Baroda.

TDS was made on these payments/credits, the amount was required to be disallowed u/s.40(a)(ia) of the Act. The ld.Pr.CIT accordingly show caused the assessee as to why the amount of Rs.1,69,44,850/- should not be disallowed under section

PROLIFE INDUSTRIES LTD.,ANKLESHWAR vs. THE ITO, WARD-3(1)(1), AHMEDABAD

In the result, the appeal filed by the Assessee in ITA No

TDS has been deducted on such interest payment. The assessee further submitted that loans received during the year are repaid in subsequent Assessment Years i.e. upto 2018-19. Therefore, the addition u/s.68 of the Act cannot be made merely on the ground that loan creditors have shown meagre income or addition was made based upon statement of entry provider. These

PROLIFE INDUSTRIES LTD.,ANKLESHWAR vs. THE ITO, WARD-3(1)(1), AHMEDABAD

In the result, the appeal filed by the Assessee in ITA No

TDS has been deducted on such interest payment. The assessee further submitted that loans received during the year are repaid in subsequent Assessment Years i.e. upto 2018-19. Therefore, the addition u/s.68 of the Act cannot be made merely on the ground that loan creditors have shown meagre income or addition was made based upon statement of entry provider. These

JITENDRA PRAKASHCHANDRA SHAH,AHMEDABAD vs. ACIT, CIRCLE-1(1)(1), AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

TDS provisions in respect of such interest payment made to the depositors, wherever the provisions of Section 194 of the Act were attracted. Further, the Counsel for the assessee also submitted that it is a well a settled law that the assessee can revise the computation of income at any stage, and the rightful claim of Jitendra Prakashchandra Shah