DCIT CIRCLE-3(3), AHMEDABAD vs. SHRI ALPESHKUMAR C.PATEL, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 1908/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2011-2012 Alpeshkumar C. Patel, A.C.I.T., 503, Milestone Building, Vs. Circle-3(3), Drive In Road, Ahmedabad. Thaltej, Ahmedabad-380052. Pan: Aeapp9489G

bogus creditors. If that is so, what evidences AO has collected to place it on record. Once confirmations have been filed, further action, if any, is required to be taken in case of creditor and not in case of appellant. Explanation about 'source of source' or 'origins of origin' cannot be asked from the appellant while making inquiry under section

MARDIA COPPER EXTRUTIONS PVT.LTD.,AHMEDABAD vs. DCIT, CIRCLE-2(1)(2),, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 229/Ahd/2018 "नधा"रण वष"/Asstt. Year: 1990-1991 M/S Mardia Copper Extrusions Pvt. Ltd., D.C.I.T, C/O Mehta Lodha & Co., Vs. Circle-2(1)(2), 105, Sakar-I, Near Gandhigram Railway Ahmedabad. Station, Off Ashram Road, Ahmedabad-380009. Pan: Aabcm3848G

5 of 11 Asstt. Year 1990-91 6 6. On the other hand, the learned DR vehemently supported the order of the authorities below. 7. We have heard the rival contentions of both the parties and perused the materials available on record. The 1st controversy arises for our adjudication whether the order passed by the AO is barred

THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. EL DORADO BIOTECH PRIVATE LIMITED,, AHMEDABAD

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

purchases, bogus sales and the bogus investments through the companies as discussed above. 7. In view of the above, the AO initiated the income escapement proceedings under Section 147 of the Act by issuing a notice dated 30th March 2016 under Section 148 of the Act. The assessee in response to such notice filed its return of income dated 27th

SMT. PARAMADEVI TEKRIWAL, ,BHAVNAGAR vs. THE ITO, WARD-1(5),, BHAVNAGAR

In the result, the appeal of the assessee is dismissed

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royassessment Year : 2013-14 Smt. Paramadevi Tekriwal, The Income-Tax Officer, D-143, Kaliyabid, Bhavnagar Vs Ward 1(5), Pan : Addpt 3030 F Bhavnagar अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Rakesh Jha, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 17/10/2022 घोषणा क" तार"ख /Date Of Pronouncement: 17/10/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-6, Ahmedabad (“Cit(A)” In Short) Dated 09.07.2018. 2. The Relevant Facts Of The Case Giving Rise To This Appeal Are That The Assessee Is An Individual Who Filed Her Return Of Income For The Year Under Consideration Originally On 16.03.2014. Although The Said Return Was Originally Accepted Under Section 143(1) Of The Income-Tax Act, 1961 (“The Act” In Short), The Assessment Was Subsequently Reopened By The Assessing Officer On The Basis Of Information Received From Investigation Wing Of The Income-Tax Department That The Long Term Capital Gains Of Rs.1,13,53,982/- Arising From The Sale Of Equity Shares Of Kgn Enterprise Ltd. For A Consideration Of Rs.1,13,87,902/- Claimed As Exempt In The Return Of Income Was Bogus & It Was Actually An Accommodation Entry. The Assessing Officer Accordingly Issued A Notice Under Section 148 Of The Act To Smt. Paramadevi Tekriwal Vs. Ito Ay : 2013-14 2

5. Against the order passed by the Assessing Officer under Section 147 r.w.s. 143(3) of the Act, an appeal was preferred by the assessee before the learned CIT(A) challenging the validity of the said assessment as well as disputing the addition made therein under Section 68 of the Act by treating the sale consideration of equity shares

THE ITO, WARD-1(4),, AHMEDABAD vs. M/S. DISHMAN INFRASTRUCTURE LTD.,, AHMEDABAD

In the result, appeal of the Revenue and its cross objections are dismissed, whereas the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Sinh

5. We have considered the submissions made by the learned Standing Counsel appearing for the revenue and we have also perused the orders passed by the authorities below. 6. The Tribunal has discussed this issue at length in its order. It was contended by the assessee before the Tribunal that nowhere the provisions provide that expenditure from the date

DISHMAN INFRASTRUCTURE LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(4),, AHMEDABAD

In the result, appeal of the Revenue and its cross objections are dismissed, whereas the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Sinh

5. We have considered the submissions made by the learned Standing Counsel appearing for the revenue and we have also perused the orders passed by the authorities below. 6. The Tribunal has discussed this issue at length in its order. It was contended by the assessee before the Tribunal that nowhere the provisions provide that expenditure from the date

ALPA UDAYKUMAR SHAH,,BHAVNAGAR vs. ITO, WARD-1(2),, BHAVNAGAR

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed, Accountant Memebr & Shri Siddhartha Nautiyal, Judicial Memebr

5. The learned CIT(A) after considering the facts in totality confirmed the order of the AO by observing as under: “It is a settled position of taw that section 68 of the Act puts onus of proof on the taxpayer. If an amount has been credited in the books of the appellant, the onus is on the taxpayer

BHAKTIBEN BHAGWATSINH CHAVDA, (L/H OF LATE BHAGWATSINH J CHAVDA),AHMEDABAD vs. ITO, WARD-14(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

253 ITR 454 (Gujarat)(HC) is concerned, the said decision was rendered on a different set of facts, wherein it was observed that when the contents of one part of the Affidavit have been accepted, the tax authority had erred in not accepting the contents of the balance part of the Affidavit. Accordingly, the said decision was rendered

SHRI BHAGWANBHAI RANCHHODBHAI MAKWANA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(1)(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

253 ITR 454 (Gujarat)(HC) is concerned, the said decision was rendered on a different set of facts, wherein it was observed that when the contents of one part of the Affidavit have been accepted, the tax authority had erred in not accepting the contents of the balance part of the Affidavit. Accordingly, the said decision was rendered

LATE BHAGWATSINH JIBHUBHAI CHAVDA)L/H.BHAKTIBEN BHAGWATSINH CHAVDA,,AHMEDABAD vs. ITO, WARD-5(1)(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

253 ITR 454 (Gujarat)(HC) is concerned, the said decision was rendered on a different set of facts, wherein it was observed that when the contents of one part of the Affidavit have been accepted, the tax authority had erred in not accepting the contents of the balance part of the Affidavit. Accordingly, the said decision was rendered

SHRI BHAGWANBHAI R. MAKWANA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-14(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

253 ITR 454 (Gujarat)(HC) is concerned, the said decision was rendered on a different set of facts, wherein it was observed that when the contents of one part of the Affidavit have been accepted, the tax authority had erred in not accepting the contents of the balance part of the Affidavit. Accordingly, the said decision was rendered

SAKET M JAIN (HUF),AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(4), AHMEDABAD

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

Bench: Income Tax Appellate Tribunal, Ahmedabad Division Bench, Ahmedabad Has Arisen From The Appellate Order Dated 24.03.2023 Passed By Ld. Cit(A), Nfac, Delhi U/S.250 Of The Income-Tax Act,1961

bogus transaction. The AO observed that sales tax @15 percent is applicable on the sale of timber/wood , but the assessee has not paid any sales tax and failed to submit its sales tax number/TIN/VAT number. The AO also issued Show Cause Notice(SCN) to the assessee, which is reproduced by the AO in assessment order at page

THE ASSTT. COMMISSIONER OF INCOMETAX, CENTRAL CIRCLE-1(2), , AHMEDABAD vs. SANKALP VENTURE LLP, AHMEDABAD

In the result, the appeals in IT(SS)A No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

purchases, brokerage, salaries, personal expenses and jewellery were seized. Statements of key employees of the group handling cash transactions were recorded. 2.1. Accordingly, assessee was called upon to show cause as to why the amount being unaccounted receipts should not be treated as undisclosed income u/s.68 of the Act and the amount being unaccounted payments incurred in cash should

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. SANKALP ORGANISERS PVT LTD , AHMEDABAD

In the result, the appeals in IT(SS)A No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

purchases, brokerage, salaries, personal expenses and jewellery were seized. Statements of key employees of the group handling cash transactions were recorded. 2.1. Accordingly, assessee was called upon to show cause as to why the amount being unaccounted receipts should not be treated as undisclosed income u/s.68 of the Act and the amount being unaccounted payments incurred in cash should

SANKALP VENTURE LLP,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOMETAX, CENTRAL CIRCLE-1(2), , AHMEDABAD

In the result, the appeals in IT(SS)A No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

purchases, brokerage, salaries, personal expenses and jewellery were seized. Statements of key employees of the group handling cash transactions were recorded. 2.1. Accordingly, assessee was called upon to show cause as to why the amount being unaccounted receipts should not be treated as undisclosed income u/s.68 of the Act and the amount being unaccounted payments incurred in cash should

SANKALP ORGANISERS PRIVATE LIMITED,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOMETAX, CENTRAL CIRCLE-1(2), , AHMEDABAD

In the result, the appeals in IT(SS)A No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

purchases, brokerage, salaries, personal expenses and jewellery were seized. Statements of key employees of the group handling cash transactions were recorded. 2.1. Accordingly, assessee was called upon to show cause as to why the amount being unaccounted receipts should not be treated as undisclosed income u/s.68 of the Act and the amount being unaccounted payments incurred in cash should

ACIT, CIRCLE-3(2), AHMEDABAD vs. M/S. KRAFT LAMINATE, AHMEDABAD

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

Bench: Shri P.M. Jagtap, Vice- & Shri T.R. Senthil Kumarassessment Years : 2015-16 Assistant Commissioner Of M/S. Kraft Laminate, Income-Tax, Vs C/O. Laxmi Timber, Nr. Circle 3(2), Ahmedabad Mahalaxmi Textile Mill, Opp. Rajbai Patel Timber Market, Narol Naroda Highway, Narol, Ahmedabad-382405 Pan : Aamfk 8120 F अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri V.K. Singh, Sr. Dr Assessee By : Shri Manish J. Shah, Advocate सुनवाई क" तार"ख/Date Of Hearing : 24/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/03/2022 आदेश/O R D E R Per P.M. Jagtap, Vice-:

5 6. On the basis of above details furnished by the assessee, the learned CIT(A) noted that names, addresses, PANs, copies of bank statements, acknowledgement of IT returns, statement of total income and confirmation of ledger accounts were duly furnished by the assessee in respect of all the loan creditors. Relying on the decision of Hon’ble Gujarat High

KRUTIKA ASHWIN SARVAIYA,AHMEDABAD vs. THE ITO, WARD-5(3)(4), AHMEDABAD

In the result, the appeal of the assessee in ITA

Bench: Shri Ramit Kochar (Accountant Member)

purchase invoice bills of J B & Sons(Prop. Mohanbhai Jivabhai Makwana) before the AO. The assessee has also claimed that she is owning agricultural land and the said land was given to tillers for farming. The said tillers were incurring expenses towards fertilizer, pesticides , seed and other farming expenses , and the assessee is getting 25% share in farming. No expenses