SHRI SORATHIYA DARJI KEDVANI MANDAL,VADODARA vs. THE ITO, WARD-1(2)(2), VADODARA
In the result, the appeal of the assessee is allowed
ITA 112/AHD/2025[2021-22]Status: DisposedITAT Ahmedabad02 May 2025AY 2021-22
Bench: Shri Suchitra Kambleassessment Year 2021-22
For Appellant: Shri Pratik P. Darji, A.RFor Respondent: Shri N.J. Vyas, Sr. D.R
Section 143(1)Section 167BSection 2
167B, the learned JCIT (A) has misapplied the law. Judicial precedents, such as ITO vs. Tayal Sales
Corporation and Sriram Trust, Hyderabad vs. Income Tax Officer (2024), have consistently clarified that surcharge can only be levied when specific statutory conditions are fulfilled. The failure to correctly interpret this provision has resulted in an arbitrary and unsustainable demand of surcharge