DHARMENBHAI MAHENDRABHAI SUTARIA,HUF,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), , AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

B, Jadav Chambers, Nos.259- 2010-11 Ashram Road, A.C.I.T, 9-10. 260/Ahd/2022 & Ahmedabad-380009. Central Circle-(1)(2), 2011-12 Ahmedabad. PAN: ASQPS7606E (Applicant) (Respondent) Assessee by : Ms Nupur Shah, A.R Revenue by : Shri Ashok Kumar Suthar, Sr.DR सुनवाईकीतारीख/Date of Hearing : 19/01/2024 घोषणाकीतारीख/Date of Pronouncement: 10/04/2024 आदेश/O R D E R PER BENCH: The captioned appeals have

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

b. On the facts and circumstances of the case and in law, whether The Netherlands falls under the list of such nations which are authorized by the Central Government in Section 14 of the Notaries Act, 1952 ; c. On the facts and circumstances of the case and in law, whether the Power of Attorney has been stamped within 3 months

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

b. On the facts and circumstances of the case and in law, whether The Netherlands falls under the list of such nations which are authorized by the Central Government in Section 14 of the Notaries Act, 1952 ; c. On the facts and circumstances of the case and in law, whether the Power of Attorney has been stamped within 3 months

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

b. On the facts and circumstances of the case and in law, whether The Netherlands falls under the list of such nations which are authorized by the Central Government in Section 14 of the Notaries Act, 1952 ; c. On the facts and circumstances of the case and in law, whether the Power of Attorney has been stamped within 3 months

SHELL GLOBAL SOLUTIONS INTERNATIONAL B.V,,AHMEDABAD vs. THE DCIT, INTL. TAXN.-1,, AHMEDABAD

The appeal of the assessee is allowed and CO filed by the Department is being dismissed for assessment year 2010-11

b. On the facts and circumstances of the case and in law, whether The Netherlands falls under the list of such nations which are authorized by the Central Government in Section 14 of the Notaries Act, 1952 ; c. On the facts and circumstances of the case and in law, whether the Power of Attorney has been stamped within 3 months

SHRI VITTHALBHAI GORDHANBHAI PRAJAPATI,,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roysl. Ita No(S) Asset. Appeal(S) By No(S Year(S) Appellant Vs. Respondent ) Appellant Respondent 1. 04/Ahd/2018 2008-09 Vithalbhai Gordhanbhai D.C.I.T Prajapati, 9, Central Circle- Abbhikaram Complex, 1(2) Ahmedabad Near Bhaikaka Nagar, Thaltej, Ahmedabad Pan: Afzpp0251L

b) of the Act vide order dated 25-2-2015. 2.1 Subsequently, the AO initiated the penalty proceedings on the difference of the income of Rs. 5,56,110.00 disclosed in the income tax return filed under section 139(1) and declared in return filed under section 153A of the Act by issuing a notice under section 274/271(1

RAVJIBHAI GORDHANBHAI PRAJAPATI,,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, the appeals filed by the assessees in ITA

Bench: Shri Kul Bharatassessment Year: 2012-13 Sureshbhai Gordhanbhai Dcit, बनाम/ Prajapati Cc-1(2) 308/43, Prajapati Vas Ahmedabad Vs. S.G. Highway Thaltej Ahmedabad-59 (Appellant) (Revenue ) P.A. No.Aprpp0781K Assessment Year: 2012-13 Rajivbhai Gordhanbhai Dcit, बनाम/ Prajapati Cc-1(2) 308/43, Prajapati Vas Ahmedabad Vs. S.G. Highway Thaltej Ahmedabad-59 (Appellant) (Revenue ) P.A. No.Aprpp0713R

149, section 151 and section 153, in the case of a person where a search is initiated section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- 1. Issue notice to such person requiring him to furnish within such period

SHRI SURESHBHAI GORDHANBHAI PRAJAPATI,,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, the appeals filed by the assessees in ITA

Bench: Shri Kul Bharatassessment Year: 2012-13 Sureshbhai Gordhanbhai Dcit, बनाम/ Prajapati Cc-1(2) 308/43, Prajapati Vas Ahmedabad Vs. S.G. Highway Thaltej Ahmedabad-59 (Appellant) (Revenue ) P.A. No.Aprpp0781K Assessment Year: 2012-13 Rajivbhai Gordhanbhai Dcit, बनाम/ Prajapati Cc-1(2) 308/43, Prajapati Vas Ahmedabad Vs. S.G. Highway Thaltej Ahmedabad-59 (Appellant) (Revenue ) P.A. No.Aprpp0713R

149, section 151 and section 153, in the case of a person where a search is initiated section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- 1. Issue notice to such person requiring him to furnish within such period

SHRI VITTHALBHAI GORDHANBHAI PRAJAPATI,,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2),, AHMEDABAD

In the result, the appeals filed by the assessees in ITA

Bench: Shri Kul Bharatassessment Year: 2012-13 Sureshbhai Gordhanbhai Dcit, बनाम/ Prajapati Cc-1(2) 308/43, Prajapati Vas Ahmedabad Vs. S.G. Highway Thaltej Ahmedabad-59 (Appellant) (Revenue ) P.A. No.Aprpp0781K Assessment Year: 2012-13 Rajivbhai Gordhanbhai Dcit, बनाम/ Prajapati Cc-1(2) 308/43, Prajapati Vas Ahmedabad Vs. S.G. Highway Thaltej Ahmedabad-59 (Appellant) (Revenue ) P.A. No.Aprpp0713R

149, section 151 and section 153, in the case of a person where a search is initiated section 132 or books of account, other documents or any assets are requisitioned under section 132A after the 31st day of May, 2003, the Assessing Officer shall- 1. Issue notice to such person requiring him to furnish within such period

SAROJBEN NATVARBHAI PATEL,CHHOTAUDEPUR vs. THE ITO, WARD-3(1)(4), VADODARA

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

Section 149 of Act.\n4. The learned CIT(A) and the AO erred in fact and in law in reopening the\nproceedings u/s. 148 of the Act simply relying upon the information received from\nthe investigation wing of the Income Tax Department.\n5. The learned CIT(A) and the AO erred in fact and in law in making the order

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. SANJAY PRATAPRAI MEHTA, BHAVNAGAR

In the result, appeal of the Department is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Makarand Vasant Mahadeokar

B. Parmar, A.R. Date of Hearing 17.04.2024 Date of Pronouncement 24.04.2024 O R D E R PER SIDDHARTHA NAUTIYAL - JUDICIAL MEMBER: This appeal has been filed by the Revenue against the order passed by the Ld. Commissioner of Income Tax (Appeals), (in short “Ld. CIT(A)”), passed for Assessment Year 2014-15 deleting the levy of penalty under Section 271

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

b] Corporate Guarantee given to AE of Rs.86,80,387/-. 2.2. As the assessee has not chosen to challenge the TPO’s order before Dispute Resolution Panel, therefore the Assessing Officer passed the final assessment order u/s. 143(3) r.w.s. 92CA(3) r.w.s. I.T.A Nos. 317 to 324/Ahd/2024 A.Ys. 2012-13 to 2019-20 Page No 3 Priya Blue Industries

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE 1(1), AHMEDABAD, AHMEDABAD vs. PRIYA BLUE INDUSTRIES PVT. LTD, GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

b] Corporate Guarantee given to AE of Rs.86,80,387/-. 2.2. As the assessee has not chosen to challenge the TPO’s order before Dispute Resolution Panel, therefore the Assessing Officer passed the final assessment order u/s. 143(3) r.w.s. 92CA(3) r.w.s. I.T.A Nos. 317 to 324/Ahd/2024 A.Ys. 2012-13 to 2019-20 Page No 3 Priya Blue Industries

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE 1(1), GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

b] Corporate Guarantee given to AE of Rs.86,80,387/-. 2.2. As the assessee has not chosen to challenge the TPO’s order before Dispute Resolution Panel, therefore the Assessing Officer passed the final assessment order u/s. 143(3) r.w.s. 92CA(3) r.w.s. I.T.A Nos. 317 to 324/Ahd/2024 A.Ys. 2012-13 to 2019-20 Page No 3 Priya Blue Industries

DCIT CENTRAL CIRCLE 1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

b] Corporate Guarantee given to AE of Rs.86,80,387/-. 2.2. As the assessee has not chosen to challenge the TPO’s order before Dispute Resolution Panel, therefore the Assessing Officer passed the final assessment order u/s. 143(3) r.w.s. 92CA(3) r.w.s. I.T.A Nos. 317 to 324/Ahd/2024 A.Ys. 2012-13 to 2019-20 Page No 3 Priya Blue Industries

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

b] Corporate Guarantee given to AE of Rs.86,80,387/-. 2.2. As the assessee has not chosen to challenge the TPO’s order before Dispute Resolution Panel, therefore the Assessing Officer passed the final assessment order u/s. 143(3) r.w.s. 92CA(3) r.w.s. I.T.A Nos. 317 to 324/Ahd/2024 A.Ys. 2012-13 to 2019-20 Page No 3 Priya Blue Industries

TEXMAT AGENCIES PVT. LTD,AHMEDABAD vs. ITO, WARD-4(1)(1), AHMEDABAD

In the result, assessee’s application for condonation of delay is hereby dismissed

b) Appellant has furnished inaccurate particulars of income. In the present case, there is neither concealment of fact nor the appellant has furnished inaccurate particulars of income. And hence there should arise no question of imposition of penalty under section 271(1) (c) and the act done by the officer stands bad in law. 2. The AO & CIT(A) must

DCIT CENTRAL CIRCLE 1(1), AHMEDABAD, GUJARAT vs. PRIYA BLUE INDUSTRIES PVT. LTD., GUJARAT

In the result the appeals filed by the Revenue in ITA No

Bench: Shri T.R. SENTHIL KUMAR, Judicial Member\nAnd Shri Narendra Prasad Sinha (Accountant Member)

b] Corporate Guarantee given to AE of Rs.86,80,387/-.\n2. 2. As the assessee has not chosen to challenge the TPO's order\nbefore Dispute Resolution Panel, therefore the Assessing Officer\npassed the final assessment order u/s.143(3) r.w.s.92CA(3) r.w.s.\n153A of the Act determining the income as Rs.22,06,39,716/- by\ndisallowing\n[c] Unexplained rental