ABDULVAHED A. SHEIKH, LEGAL HEIROF LATE SMT. SARIFABEN BIKHUBHAI SHEK,,AHMEDABAD vs. THE ITO, WARD-7(2)(5),, AHMEDABAD

The appeal of the assessee is allowed in above terms

u/s 148 therefore cannot arise where the person concerned has no knowledge of the proceeding initiated. Being a jurisdictional notice, these defects cannot be termed as mere irregularities which can be cured by participation of the assesses/legal heirs, even as per the aforementioned decisions of the jurisdictional High Court.The Hon’ble jurisdictional High Court in the case of P.V Doshi

SHRI HEMANG CHIMANBHAI POKAL,AHMEDABAD vs. THE PR. CIT-3, AHMEDABAD

In the result, appeal of the assessee is allowed

u/s 147 of the Act. 6. We find merit in the contention of the Ld.Counsel for the assessee that the assessment order passed by the AO could not be said to be erroneous since the issue of examination of long term capital gain on sale of land was beyond his domain as per section 147

ALDIABLOS INFOTECH PRIVATE LIMITED,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(1), AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 353, 354, 355, 356 & 357/Ahd/2024 िनधा"रण वष" /Assessment Years : 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18

Depreciation as per para-8 Rs.1,00,973. 6). He has erred in law and facts in confirming the order of A.O. without considering the facts mentioned in the written submission and without referring to the said submission and by wrongly applying the decision of Roshan Di Hattti and Kale Khan Mohammad Hanif on the point of burden of proof

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE ACIT(OSD) CIRCLE-8, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

depreciation allowance' in section 147 after the conditions for reassessment are satisfied, is only relatable to the preceding expression in clauses (a) and (b) viz., 'escaped assessment'. The term 'escaped assessment' includes both 'non- assessment' as well as 'under assessment'. Income is said to have 'escaped assessment' within the meaning of this section when it has not been charged

SHREE RAMA MULTI-TECH LTD.,,AHMEDABAD vs. THE DY.CIT.,CRCLE-8,, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

depreciation allowance' in section 147 after the conditions for reassessment are satisfied, is only relatable to the preceding expression in clauses (a) and (b) viz., 'escaped assessment'. The term 'escaped assessment' includes both 'non- assessment' as well as 'under assessment'. Income is said to have 'escaped assessment' within the meaning of this section when it has not been charged

GUJARAT STATE PETROLEUM CORPORATION LIMITED,GANDHINAGAR vs. DCIT, GANDHINAGAR CIRCLE, GANDHINAGAR, GANDHINAGAR

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

GUJARAT STATE PETROLEUM CORPORATION LIMITED,GANDHINAGAR vs. DCIT, GANDHINAGAR CIRCLE, GANDHINAGAR, GANDHINAGAR

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

DEPUTY COMMISSIONER OF INCOME TAX, GANDHINAGAR vs. GUJARAT STATE PETROLEUM CORPORATION LIMITED, GANDHINAGAR

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

DEPUTY COMMISSIONER OF INCOME TAX, GANDHINAGAR vs. GUJARAT STATE PETROLEUM CORPORATION LIMITED, GANDHINAGAR

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

SUKIRTI POLYMERS,KHEDA vs. THE PR. CIT, VADODARA-1, VADODARA

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

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

depreciation and loans and advances received are genuine from disclosed sources. Hence a notice u/s. 148 was issued on 27-03-2021. 2.1. During the reassessment proceedings, the assessee furnished copies of confirmation of unsecured loan from M/s. Anand Infrastructure, Ledger account, copies of ledger account of Mayur Mavji and copies of bank statements as Cosmos Cooperative Bank. Further verification

SHRI NAVINCHANDRA N. PATEL,VADODARA vs. THE ACIT, CIRCLE-1(2), VADODARA

In the result, the appeal of the assessee is allowed

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

u/s. 148 for re- opening of assessment is bad in law and entire reassessment proceedings need to be quashed. Reliance is being placed on the following judgments:- i. CIT Vs. M/s. Kelvinator Of India Ltd, (2010) 2 SCC 723 (SC) “On going through the changes, quoted above, made to Section 147 of the Act, we find that, prior to Direct

M/S. HARSIDDH QUARRY WORKS,ARAVALLI vs. THE PR. CIT-1, AHMEDABAD

In the result, the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकरअपीलसं./Ita No.103/Ahd/2022 धििाधरणवरध/Asstt. Year: 2014-2015 M/S. Harsiddh Quarry Works, Principal Commissioner Of At Alva (Vatrak), Vs. Income Tax, Taluka Bayad, Ahmedabad. District Aravalli, Alva(Vaarak)-383325. Pan: Aaifh0303H

u/s 147 of the Act, can be initiated if the AO has reason to believe that any income chargeable to tax has escaped assessment and he may also take into consideration any other income chargeable to tax but escaped assessment during proceedings. This can be better understood through an example, assuming the AO has reason to believe that the assessee

SHAMA AJAY PATEL,AHMEDABAD vs. THE CIT(IT & TP), AHMEDABAD

The appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

u/s 147 of the Act on reopening the case of the assessee for the specific reason that the Assessing Officer had information regarding the dubious dealing in shares of M/s. Kushal Limited. Clearly, the scope of reassessment proceedings was confined to the transactions of trading in shares of M/s. 11 Shama Ajay Patel

SHRI ANILBHAI HIRALAL SHAH,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned. The issue arises whether AO on having dropped the item of escaped income, on the basis of which reasons to believe were formed and notice u/s. 148 was issued, after getting a satisfactory explanation from the assessee, can validly tax "other items of escaped

GOLD FINCH JEWELLERY LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

depreciation claimed on two wheeler vehicles and Motor Car. 5. The learned Commissioner of Income Tax (Appeals) has erred in confirming the disallowance of Rs.10,38,591/- made by the Assessing Officer @ 25% of labour charges claimed by the Appellant. 5. In this case, a survey operation u/s. 133 A of the Act was carried out by the Investigation wing

GOLD FINCH JEWELLERY LTD.,,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1),, AHMEDABAD

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

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

depreciation claimed on two wheeler vehicles and Motor Car. 5. The learned Commissioner of Income Tax (Appeals) has erred in confirming the disallowance of Rs.10,38,591/- made by the Assessing Officer @ 25% of labour charges claimed by the Appellant. 5. In this case, a survey operation u/s. 133 A of the Act was carried out by the Investigation wing

M/S MSK PROJECTS (INDIA) LTD.,BARODA vs. THE ACIT, CIRCLE -4(1),, BARODA

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 3142/Ahd/2011 िनधा"रण वष"/Asstt. Year: 2004-2005 M/S. Welspun Projects Limited, Income Tax Officer, (Formerly Known As Msk Project Vs. Ward-4(1), (India) Ltd.,) Vadodara. 707-708, Sterling Centre, R.C. Dutt Road, Vadodara.

u/s 143(3) was completed by the .learned Assistant Commissioner of Income tax after verifying all material .facts and thereafter to issue notice under section 148 is not proper because it is basically a change of opinion. As held in the case of Star India (p) Ltd. Vs. Commissioner of Central Excise

ALDIABLOS INFOTECH PRIVATE LIMITED,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(1)(1), AHMEDABAD

In the result, all the appeals of the assessee are allowed for statistical\npurposes

Depreciation as per para-8 Rs.1,00,973.\n6). He has erred in law and facts in confirming the order of A.O. without\nconsidering the facts mentioned in the written submission and without\nreferring to the said submission and by wrongly applying the decision of\nRoshan Di Hattti and Kale Khan Mohammad Hanif on the point of burden of\nproof