SUNNY TARUNKUMAR DOSHI,JETPUR vs. THE ITO, WARD-1(1)(1), AHMEDABAD

In the result, appeal filed by the assessee is dismissed

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleassessment Year: 2014-15

reassessment proceedings on the grounds of "inadequate consideration" as well as S.69 of the Act related to the purchase of immovable property. - The final assessment order made an addition under Section 56

MUKESH MOHANLAL VAGHELA,MUMBAI vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,MAHARASHTRA vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,AHMEDABAD vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,MUMBAI vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

DCIT CENTRAL CIRCLE 1(1) AHMEDABAD, AHMEDABAD vs. MUKESH MOHANLAL VAGHELA, MUMBAI

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,MUMBAI vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,MUMBAI vs. DCIT CC 1(1) , AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,MUMBAI vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

MUKESH MOHANLAL VAGHELA,MUMBAI vs. DCIT CC 1(1) AHMEDABAD, AHMEDABAD

The appeal of the Department is allowed for assessment year 2020-21

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

reassessment proceedings, the assessee reiterated his earlier contentions. The Assessing Officer again treated the ledger “Mukesh Ratnajyot / Mukeshbhai RJ” as pertaining to the assessee, computed the incremental negative peak for the year at ₹1,14,52,110/- and added the same under section 69C. Interest accrued as per the diary amounting to ₹12,91,279/- was added under section 56

DCIT CENTRAL CIRCLE 1(3) ,AHMEDABAD, AAYKAR BHAVAN, ASHRAM ROAD vs. SIDDHESWARI INFRASTRUCTURE, JUDGES BUNGLOW ROAD

The appeals are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 595 & 596/Ahd/2023 िनधा"रण वष" /Assessment Years: 2016-17 & 2017-18 Respectively The Dcit Siddheswari Infrastructure बनाम/ Circle-1(3) B-101, Shakti Enclave V/S. Ahmedabad Judges Bungalows Road Ahmedabad – 380 054 "थायी लेखा सं./Pan: Abmfs 3587 R (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : -None- Revenue By : Shri Rignesh K. Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/09/2024 घोषणा की तारीख /Date Of Pronouncement: 23/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

Section 147 Date of Reassessment 29.09.2021 29.09.2021 Order Key Additions by AO - Rs.1,38,65,603 - Rs.2,10,62,866 (Unexplained (Unexplained transactions) transactions) ITA Nos.595 & 596/Ahd/2023 The DCIT vs. Siddheswari Infrastructure Asst. Years : 2016-17 & 2017-18 - Rs.3,85,82,434 - Rs.36,50,754 (Excess (Estimated profit @ depreciation on heavy 20% of bogus sales on machinery) Rs.23

DCIT CENTRAL CIRCLE- 1(3), AAYKAR BHAVAN vs. SIDDHESWARI INFRASTRUCTURE, JUDGES BUNGLOW ROAD

The appeals are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 595 & 596/Ahd/2023 िनधा"रण वष" /Assessment Years: 2016-17 & 2017-18 Respectively The Dcit Siddheswari Infrastructure बनाम/ Circle-1(3) B-101, Shakti Enclave V/S. Ahmedabad Judges Bungalows Road Ahmedabad – 380 054 "थायी लेखा सं./Pan: Abmfs 3587 R (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : -None- Revenue By : Shri Rignesh K. Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/09/2024 घोषणा की तारीख /Date Of Pronouncement: 23/09/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

Section 147 Date of Reassessment 29.09.2021 29.09.2021 Order Key Additions by AO - Rs.1,38,65,603 - Rs.2,10,62,866 (Unexplained (Unexplained transactions) transactions) ITA Nos.595 & 596/Ahd/2023 The DCIT vs. Siddheswari Infrastructure Asst. Years : 2016-17 & 2017-18 - Rs.3,85,82,434 - Rs.36,50,754 (Excess (Estimated profit @ depreciation on heavy 20% of bogus sales on machinery) Rs.23

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is hereby dismissed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

56 taxmann.com 456 (SC) 2. CIT vs. Neha Builders (P) LTD. [2007] 164 Taxman 342 (Guj.) . 3. Radha Devi Dalmia Vs. CIT [1980] 4 taxman 183 (All.) 16. The Ld. CIT (A) after considering facts in totality deleted the addition made by the AO by following the order of its predecessor in the own case of the assessee

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is hereby dismissed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

56 taxmann.com 456 (SC) 2. CIT vs. Neha Builders (P) LTD. [2007] 164 Taxman 342 (Guj.) . 3. Radha Devi Dalmia Vs. CIT [1980] 4 taxman 183 (All.) 16. The Ld. CIT (A) after considering facts in totality deleted the addition made by the AO by following the order of its predecessor in the own case of the assessee

BINITABEN SANDIPKUMAR PATEL,VADODARA vs. THE PR.CIT, VADODARA-1, VADODARA

The appeal of the assessee is allowed

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2018-19 Sejalben Patel The Pr.Cit-1 1049, Kantvalue Faliyu Vs. Vadodara. At & Po-Karkhadi Tal. Padra, Dist. Vadodara. Pan : Drhpp 9550 D Asstt.Year : 2018-19 Binitaben Sandipkumar Patel The Pr.Cit-1 Javla, Chotra Pase Vs. Vadodara. Savli, Dist. Vadodara. Pan : Cwopp 4609 Q (Applicant) (Responent)

56,53,100/-; ii. Land situated at Survey No. 557B, Village Bill, valued at Rs.1,53,30,000/-; and iii. Residential unit in Block No. 25, Vitthal Nagar Co-op Housing Society Ltd., Karelibaug, Vadodara, valued at Rs.60,00,000/-. Total AGR (Annual Gross Register) value amounted to Rs.3,69,83,100/-, and a corresponding TDS credit of Rs.2

SEJALBEN PATEL,VADODARA vs. THE PR.CIT, VADODARA-1, VADODARA

The appeal of the assessee is allowed

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2018-19 Sejalben Patel The Pr.Cit-1 1049, Kantvalue Faliyu Vs. Vadodara. At & Po-Karkhadi Tal. Padra, Dist. Vadodara. Pan : Drhpp 9550 D Asstt.Year : 2018-19 Binitaben Sandipkumar Patel The Pr.Cit-1 Javla, Chotra Pase Vs. Vadodara. Savli, Dist. Vadodara. Pan : Cwopp 4609 Q (Applicant) (Responent)

56,53,100/-; ii. Land situated at Survey No. 557B, Village Bill, valued at Rs.1,53,30,000/-; and iii. Residential unit in Block No. 25, Vitthal Nagar Co-op Housing Society Ltd., Karelibaug, Vadodara, valued at Rs.60,00,000/-. Total AGR (Annual Gross Register) value amounted to Rs.3,69,83,100/-, and a corresponding TDS credit of Rs.2

IRM PRIVATE LIMITED,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

In the result the appeal filed by assessee is partly allowed for statistical purposes

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 1590/Ahd/2024 िनधा"रण वष" /Assessment Year : 2011-12 Irm Private Limited, The Deputy Commissioner Irm House, बनाम/ Of Income Tax, V/S. Off. C.G Raod, Circle 2(1)(1), Navrangpura, Ahmedabad. Ahmedabad-380009. "थायी लेखा सं./Pan: Aaaci3678M अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Abhijit, Sr-Dr

56, 69C, and 68 of the Act. Ground Nos. 1 to 3 – Validity of Reassessment Proceedings 15. The assessee has challenged the reassessment initiated by the AO by issuance of notice under section

BIMAL KESHAVLAL PATEL,RAJKOT vs. THE PR. CIT-1, AHMEDABAD

In the result, the appeal filed by the Assessee is hereby allowed

reassessment order passed by the Assessing Officer was without examining the applicability of provisions of Section 56(2)(vii)(b) of the Act. Therefore