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92 results for “section 68”+ Section 133A(5)clear

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Key Topics

Addition to Income79Section 133A68Survey u/s 133A57Section 143(3)45Section 153A42Section 80I37Section 13235Disallowance34Section 14732

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. JAS INFRA SPACE PRIVATE LTD.,, AHMEDABAD

In the result, appeal of the Revenue is dismissed

ITA 2130/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad28 Jan 2022AY 2012-13

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Section 131Section 133ASection 150Section 292CSection 34Section 69B

133A), which mandates that the contents of such impounded documents are to be presumed to be true. 1.2 The Ld. CIT(A) has grossly erred in law and on facts by invoking and travelling to the provisions of section 34 of the Evidence Act (which is with respect to the entries in books of accounts) when the relevant section

JAS INFRASPACE PVT. LTD.,AHMEDABAD vs. DCIT, CIRCLE-2(2)(1),, AHMEDABAD

Showing 1–20 of 92 · Page 1 of 5

Section 6830
Section 14830
Natural Justice18

In the result, appeal of the Revenue is dismissed

ITA 398/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad28 Jan 2022AY 2014-15

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Section 131Section 133ASection 150Section 292CSection 34Section 69B

133A), which mandates that the contents of such impounded documents are to be presumed to be true. 1.2 The Ld. CIT(A) has grossly erred in law and on facts by invoking and travelling to the provisions of section 34 of the Evidence Act (which is with respect to the entries in books of accounts) when the relevant section

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. JAS INFRASPACE PRIVATE LIMITED,, AHMEDABAD

In the result, appeal of the Revenue is dismissed

ITA 547/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad28 Jan 2022AY 2014-15

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Section 131Section 133ASection 150Section 292CSection 34Section 69B

133A), which mandates that the contents of such impounded documents are to be presumed to be true. 1.2 The Ld. CIT(A) has grossly erred in law and on facts by invoking and travelling to the provisions of section 34 of the Evidence Act (which is with respect to the entries in books of accounts) when the relevant section

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. JAS INFRA SPACE PRIVATE LTD.,, AHMEDABAD

In the result, appeal of the Revenue is dismissed

ITA 2131/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad28 Jan 2022AY 2013-14

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

Section 131Section 133ASection 150Section 292CSection 34Section 69B

133A), which mandates that the contents of such impounded documents are to be presumed to be true. 1.2 The Ld. CIT(A) has grossly erred in law and on facts by invoking and travelling to the provisions of section 34 of the Evidence Act (which is with respect to the entries in books of accounts) when the relevant section

M/S. ARIHANT JEWELS,AHMEDABAD vs. THE ITO, WARD-5(3)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 2341/AHD/2018[2015-16]Status: DisposedITAT Ahmedabad15 Feb 2021AY 2015-16
For Appellant: Shri S.N. Divatia, A.RFor Respondent: Shri L.P. Jain, Sr. D.R
Section 143(3)Section 250Section 44A

5 M/s. Arihant Jewels vs. ITO year profit to be taxed arrived at Rs. 29,530/- because of financial charges to the amount of Rs. 74,63,173/- debited to the P & L A/c and break up given in schedule 7 of the P & L A/c. In this regard, the ld. counsel has referred page no. 46 of the paper

SHRI PRAVINCHANDRA R PATEL,VADODARA vs. DCIT, CENTRAL CIRCLE-2, VADODARA

ITA 299/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad13 Jan 2022AY 2015-16
Section 143(3)Section 147Section 69BSection 69C

68,00,000/- for different years) in the purchase of land for A.Y.2014-15.” 9. The facts in brief are that the assessee in the present case is an educational institution registered under section 25 of the companies Act 1956. The assessee company was incorporated as on 24th November 2011 with the object of imparting education. Subsequently the assessee, acquired

DCIT, CENTRAL CIRCLE-2, VADODARA vs. NEOTECH EDUCATION FOUNDATION, VADODARA

ITA 195/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad13 Jan 2022AY 2015-16
Section 143(3)Section 147Section 69BSection 69C

68,00,000/- for different years) in the purchase of land for A.Y.2014-15.” 9. The facts in brief are that the assessee in the present case is an educational institution registered under section 25 of the companies Act 1956. The assessee company was incorporated as on 24th November 2011 with the object of imparting education. Subsequently the assessee, acquired

DCIT, CENTRAL CIRCLE-2, VADODARA vs. NEOTECH EDUCATION FOUNDATION, VADODARA

ITA 194/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad13 Jan 2022AY 2014-15
Section 143(3)Section 147Section 69BSection 69C

68,00,000/- for different years) in the purchase of land for A.Y.2014-15.” 9. The facts in brief are that the assessee in the present case is an educational institution registered under section 25 of the companies Act 1956. The assessee company was incorporated as on 24th November 2011 with the object of imparting education. Subsequently the assessee, acquired

PATEL WINES,KHEDA vs. THE DY.CIT, KHEDA CIRCLE, NADIAD

In the result, the appeal of the assessee is dismissed

ITA 1740/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad24 Feb 2026AY 2017-18

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Divatia, ARFor Respondent: Shri Rameshwar P Meena, Sr. DR
Section 133ASection 250

133A of the Income-tax Act, 1961 ("the Act") was conducted on 17.03.2017 at the business premises of the assessee, M/s. Patel Wines. During the course of assessment proceedings, the Assessing Officer observed that the assessee had deposited substantial cash amounting to ₹1,65,81,880/- in its HDFC Bank account during the demonetization period, out of which

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. N K PROTEINS PRIVATE LIMITED, AHMEDABAD

In the result, no question of law arises

ITA 546/AHD/2022[2012-13]Status: DisposedITAT Ahmedabad23 Jun 2025AY 2012-13

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

For Appellant: Shri Biren Shah, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 142Section 143(1)Section 143(3)Section 250Section 36(1)(va)

133A of the Act. In the statement recorded, he explained in detail the trading activities carried out by N.K. Proteins Ltd. as well as its subsidiary concerns on the platform of National Spot Exchange Ltd. He stated that in the year 2008, M/s. N.K. Proteins Ltd. became the member of National Spot Exchange Ltd. The subsidiary concerns

N K PROTEINS PVT. LIMITED,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE- 3(1)(1), AHMEDABAD

In the result, no question of law arises

ITA 464/AHD/2022[2012-13]Status: DisposedITAT Ahmedabad23 Jun 2025AY 2012-13

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

For Appellant: Shri Biren Shah, ARFor Respondent: Shri V. Nandakumar, CIT-DR
Section 142Section 143(1)Section 143(3)Section 250Section 36(1)(va)

133A of the Act. In the statement recorded, he explained in detail the trading activities carried out by N.K. Proteins Ltd. as well as its subsidiary concerns on the platform of National Spot Exchange Ltd. He stated that in the year 2008, M/s. N.K. Proteins Ltd. became the member of National Spot Exchange Ltd. The subsidiary concerns

SAKET M JAINI(HUF),AHMEDABAD vs. THE PR. CIT, AHMEDABAD-5, AHMEDABAD

In the result, the appeal of the assessee is allowed

ITA 579/AHD/2019[2009-10]Status: DisposedITAT Ahmedabad04 Mar 2021AY 2009-10

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 579/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2009-2010 Saket M. Jain (Huf), The Pr. Commissioner Of 403, 3Rd Eye Two, Vs. Income Tax-2, Nr. Joyalukkas Show Room, Ahmedabad. Opp. Parimal Garden, Ellisbridge, Ahmedabad.

For Appellant: Shri A.L. Thakkar, A.RFor Respondent: Shri Vinod Tanwani, CIT.D.R
Section 143(3)Section 263Section 68

5 23.12.16. Hence once the sale of the supplier to the assessee and purchase of the customer from the assessee has been accepted as genuine, then the same cannot be held as bogus in assessee’s case. Based on the above submission assessee contended that the order passed by the AO is neither erroneous nor prejudicial to the interest

SAKARIYA METAL ROLLING MILLS,AHMEDABAD vs. ITO, WARD-3(3)(10), AHMEDABAD

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

ITA 34/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad29 Mar 2022AY 2015-16

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita No. 34/Ahd/2019 िनधा"रण वष"/Asstt. Year:2015-2016 Sakariya Metal Rolling Mills, I.T.O., 257, Gujrat Vapraj Mahamandal, Vs. Ward-3(3)(10), Vasahat, S.P. Ring Road, Ahmedabad. Odhav, Ahmedabad-382415. Pan: Aadfs3443A

For Appellant: Shri P.D. Shah, A.RFor Respondent: Shri S.S. Shukla, Sr.D.R
Section 133ASection 143Section 68

133A of the Act wherein the word MARA was recorded which is a Gujarati word and its translation in English stands as MY. Based on this, the learned AR contended that the impugned piece of document belongs to the partner of the firm. We are not again convinced with the argument of the learned AR for the assessee

SABBIRALI ALIMIYA SAIYED,VADODARA vs. THE ITO, WARD-3(1)(1),, VADODARA

In the result, the appeal of the assessee is allowed

ITA 904/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad10 Nov 2021AY 2014-15

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 904/Ahd/2018 िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/Asstt. Year: 2014-15 वष"

For Appellant: Shri Mukund Bakshi, A.RFor Respondent: Shri S.S. Shukla, Sr.D.R
Section 10(38)Section 133(6)Section 68

68 of the Act by furnishing the details with respect to the identity of the party, genuineness of the transactions and sources of the funds received on the sale of shares. A.Y. 2014-15 4 4.4 The assessee regarding the statement of Shri Sanjay Vora- of M/s Anand Rathi Shares & Stock Brokers Limited recorded under section

THE DCIT, CENTRAL CIRCLE-1(4), AHMEDABAD vs. M/S. AWAS DEVELOPERS, AHMEDABAD

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

ITA 368/AHD/2020[2010-11]Status: DisposedITAT Ahmedabad13 Mar 2024AY 2010-11

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकरअपीलसं./Ita No. 368/Ahd/2020 धििाधरणवरध/Asstt. Year: 2010-2011 The D.C.I.T, M/S Awas Developers, Central Circle-1(4), Vs. “Agam Buglows” Ahmedabad. Opp. Subhash Society, Sanand-Kalol Road, Ahmedabad.

For Appellant: Shri Aseem L Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr. DR
Section 184Section 40ASection 68

section 133A of the Act dated 04-03-2010. During the survey, the statement of Shri Ganshayamsingh Vaghela, a partner of the firm was recorded. In the statement, Shri Ganshayamsingh Vaghela in response to question No. 6 explained that the assessee has undertaken a project namely “Agam Bungalows” consisting of 40 Bungalows. 37 Bungalows out of 40 have already

M/S. 9TH STREET ARCHITECTS,AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

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

ITA 1463/AHD/2025[2017-18]Status: DisposedITAT Ahmedabad17 Oct 2025AY 2017-18

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

For Appellant: Shri S. N. Divatia & Shri Samir Vora, ARsFor Respondent: Shri Abhijit, Sr. DR
Section 115BSection 133ASection 154Section 250Section 69A

5– ACIT (2025) 173 taxmann.com 172 (Madras), wherein it was held that mere declaration of unaccounted receipts as commission or business income without satisfactory explanation of the source would attract section 69A and the special rate of tax under section 115BBE. The CIT(A) also placed reliance on Manoj Aggarwal v. DCIT

M/S. YUSUFBHAI & CO.,BARODA vs. THE INCOME TAX OFFICER, WARD-3(2), VADODARA

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

ITA 543/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad10 Jul 2019AY 2011-12
Section 133ASection 143(3)Section 44Section 69

133A of the Act. As a result of survey certain documents were seized and subsequently based on those documents the assessee admitted an income of Rs. 20 lakhs on account of receivables. But the assessee in its income tax return did not disclose such income. Therefore the addition was made by the AO which was subsequently confirmed by the Ld.CIT

DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD, AAYKAR BHAWAN ASHRAM ROAD, AHMEDABAD vs. SURESHKUMAR PERIWAL (PAN AFTPP6547D, AHEMDABAD

In the result, both the appeals of the Revenue are dismissed

ITA 1116/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad22 Apr 2025AY 2017-18

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra R. Kambleit(Ss)A No. 153/Ahd/2023 (Assessment Year: 2017-18) Sureshkumar Periwal Deputy Commissioner Of Vs. Prop. Of M/S. Shyam Bullion, Income-Tax, 113, First Floor, National Central Circle-1(2), Plaza, Opp. Lal Bungalows, Ahmedabad Cg Road, Ahmedabad [Pan : Aftpp 6547 D] (Appellant) .. (Respondent) Sureshkumar Periwal Deputy Commissioner Of Vs. Prop. Of M/S. Shyam Bullion, Income-Tax, 113, First Floor, National Central Circle-1(2), Plaza, Opp. Lal Bungalows, Ahmedabad Cg Road, Ahmedabad [Pan : Aftpp 6547 D] (Appellant) .. (Respondent) Appellant By: Shri V. Nandakumar, Cit-Dr & Shri Kavan Limbasiya, Sr. Dr Respondent By : Shri Biren Shah, Ar Date Of Hearing 12.03.2025 Date Of Pronouncement 22.04.2025 O R D E R Per Dr. B.R.R. Kumar, Vice-:-

For Appellant: Shri V. Nandakumar, CIT-DR &For Respondent: Shri Biren Shah, AR
Section 132Section 133ASection 143(3)Section 147Section 148Section 68

68 of the Act on account of unexplained credit in the books of accounts. 4. Meanwhile, a survey under section 133A of the Act was carried out at the business premises of the assessee as on 07.02.2020 and on the basis of information available on insight portal the Assessing Officer reopened the case of the assessee and a notice

LAMBDA THERAPEUTIC RESEARCH LIMITED,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(2),, AHMEDABAD

In the result the appeal of the assessee is partly allowed

ITA 2276/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad12 Apr 2021AY 2011-12

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri Tushar P. HemaniSr. Advocate withShriParimalSinhParmar, A.RFor Respondent: Shri Mohd Usman, CIT. D.R with Shri Lalit P. Jain. Sr. D.R
Section 115JSection 234ASection 271(1)(c)

133A of the Act is not relevant as he is not connected with the assessee. Rather, the statement of Shri Jitesh Patel supports the case of the assessee as he admitted that he has come on behalf of the client company to verify the clinical trials carried out by the assessee. 39.4 Similarly, the learned CIT (A) held that

THE ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. LAMBDA THERAPEUTIC RESEARCH LTD.,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

ITA 2114/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad12 Apr 2021AY 2013-14

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Appellant: Shri Tushar P. HemaniSr. Advocate withShriParimalSinhParmar, A.RFor Respondent: Shri Mohd Usman, CIT. D.R with Shri Lalit P. Jain. Sr. D.R
Section 115JSection 234ASection 271(1)(c)

133A of the Act is not relevant as he is not connected with the assessee. Rather, the statement of Shri Jitesh Patel supports the case of the assessee as he admitted that he has come on behalf of the client company to verify the clinical trials carried out by the assessee. 39.4 Similarly, the learned CIT (A) held that