SHRI NAGIN A VAGHELA,VADODARA vs. THE ACIT, CENTRAL CIRCLE-3, VADODARA

In the result, the appeal of the assessee is dismissed for A

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyali.T(Ss).A. Nos.449/Ahd/2019 & 44/Ahd/2020 (A.Ys.: 2011-12 & 2012-13) Deputy Commissioner Of Income Vs. Shri Nagin A. Vaghela, Tax, 11, Purva Bunglow, Nr. Central Circle-3, Manglam Duple, Sama, Vadodara Vadodara [Pan No.Aakpw5302R] (Appellant) .. (Respondent)

Section 68 could not exceed Rs.1,03,21,945/-, which represented the differential amount, as the Assessing Officer (AO) had already deemed the larger amount of Rs.3,16,92,000/- received until March 31, 2012, as unexplained in a prior assessment. Ld. CIT(Appeals) observed that that the assessee had not adequately provided necessary documentation, such as account copies

THE ITO, WARD-1(1)(3), AHMEDABAD vs. M/S. CAPAXO LOGISTICS PVT. LTD, AHMEDABAD

In the result, the CO filed by the assessee is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1264/Ahd/2019 With C.O.No.190/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 I.T.O., M/S. Capaxo Logistics Pvt. Ltd., Ward-1(1)(3), Vs. 302, Third Floor, Ahmedabad. 3Rd Eye, C.G.Cross Road, Ambawadi, Ahmedabad.

section 68 of the Act by the AO on account of lack of proof of identity of party, genuineness of transaction and creditworthiness of the parties. However while dealing with the issue of share application money in the preceding paragraph of this order, we have held that identity of parties, genuineness of transaction and creditworthiness have been established

SHAUNAK SHAILESH SHAH ,9, NEELKANTH BUNGLOW, PRAHLADNAGAR, SATELLITE, AHMEDABAD. vs. INCOME TAX OFFICER, WARD - 15(4),, 7TH FLOOR, NATURE VIEW BUILDING, ASHRAM ROAD, AHMEDABAD 380009

In the result, the appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1421/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2011-2012 Shaunak Shailesh Shah, I.T.O., 9, Neelkanth Bunglow, Vs. Ward-15(4), Prahladnagar, Ahmedabad. Satellite, Ahmedabad.

section 68 of the Act. 8.7 We also note that the Hon’ble Apex court in the case of Tin Box Co. v/s CIT reported in 249

AANYA DEVELOPERS,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Rifaur Rahman

section 68 of the Act. He further observed that the assessee has alleged payment of interest on these loans which were termed as bogus, therefore, the expenses claimed in the shape of interest deserves to be disallowed. He disallowed such interest expenditure and made addition of Rs.3,01,277/-. 5. Dissatisfied with the additions, the assessee carried the matter

RAOOF R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

section 68 of the Act. The assessee explained that the amount of other creditor in his statement of affair represent amount received on behalf of company namely M/s Liberty Phosphate Ltd in which he was MD at that point of time. But due to sale of the company and change in management he was unable to procure necessary detail

RAOOF R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

section 68 of the Act. The assessee explained that the amount of other creditor in his statement of affair represent amount received on behalf of company namely M/s Liberty Phosphate Ltd in which he was MD at that point of time. But due to sale of the company and change in management he was unable to procure necessary detail

RAOOF R DHANANI,MUMBAI vs. THE ACIT CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

section 68 of the Act. The assessee explained that the amount of other creditor in his statement of affair represent amount received on behalf of company namely M/s Liberty Phosphate Ltd in which he was MD at that point of time. But due to sale of the company and change in management he was unable to procure necessary detail

ANISHA R DHANANI,MUMBAI vs. THE ACIT, CIRCLE-1(1)(2), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita No. 406/Ahd/2020 िनधा"रण वष"/Asstt. Year:2005-2006 Anisha R. Dhanani, A.C.I.T., 281, 28Th Floor, Vs. Circle-1(1)(2) Kalpatru Heights, Vadodara. Dr. A.R. Nair Road, Agripada, Mumbai-400011. Pan: Actpd3111C

section 68 of the Act. The assessee explained that the amount of other creditor in his statement of affair represent amount received on behalf of company namely M/s Liberty Phosphate Ltd in which he was MD at that point of time. But due to sale of the company and change in management he was unable to procure necessary detail

SHRI SUBHASH BECHULAL SONI,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-6(4),, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 220/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2009-10 Subhash Bechulal Soni, I.T.O., B/H Shahwadi Bus Stand, Vs. Ward-6(4), Shahwadi, Ahmedabad. Narol, Ahmedabad-382405. Pan: Adzps9498J

section 68 of the Act in the absence of non-reply from the loan party during the quantum proceedings. Now, during the penalty proceedings the same exercise has also to be carried out by the revenue authorities. As such the revenue authorities cannot rely the basis enumerating from the quantum proceedings for levying the penalty. In holding

SAVLI TALUKA SECONDARY AND HIGHER SECONDARY EMPLOYEES CO OP. CREDIT SOCIETY LIMITED,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(2), VADODARA

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.1772/Ahd/2024 िनधा"रण वष" /Assessment Year : 2019-20 Savli Taluka Secondary & The Income Tax Officer बनाम/ Higher Secondary Employees Ward-1(2)(2) V/S. Co-Op. Credit Society Ltd. Vadodara – 390 007 18, Rayakaka Park Savli Desar Road Vadodara – 391 770. "थायी लेखा सं./Pan: Aafas 6647 D (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Sanket Bakshi, Ar Revenue By : Shri Abhijit Sr.Dr सुनवाई की तारीख/Date Of Hearing : 12/08/2025 घोषणा की तारीख /Date Of Pronouncement: 04/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm:

68 of the Act as well as the disallowance under section 80P(2)(a)(i) of the Act are mixed questions of fact and law requiring proper Savli Taluka Secondary and Higher Secondary Employees Co-op. Credit Society Ltd. vs. ITO Asst. Year : 2019-20 verification, we are of the considered view that it would be in the interest

M/S.S.K. FINVEST LTD.,,NADIAD vs. THE ACIT.,KHEDA CIRCLE,, NADIAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2721 /Ahd/2013 & आयकर अपील सं./Ita No. 3103 /Ahd/2015 "नधा"रण वष"/Asstt. Year: 1996-1997 S.K. Finvest Ltd., The D.C.I.T, C-14, Trimurti Complex, Vs. Circle, Nadiad. Station Road, Nadiad.

section 68 of the Act. The AO was aware of the addresses and other details of the parties who have given cash credit to the assessee. But the AO without verifying the genuineness of the transactions has levied the penalty merely on the ground that such cash credits were treated as unexplained during the quantum Page

S.K. FINVEST LTD.,,NADIAD vs. THE DY.CIT., NADIAD CIRCLE,, NADIAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2721 /Ahd/2013 & आयकर अपील सं./Ita No. 3103 /Ahd/2015 "नधा"रण वष"/Asstt. Year: 1996-1997 S.K. Finvest Ltd., The D.C.I.T, C-14, Trimurti Complex, Vs. Circle, Nadiad. Station Road, Nadiad.

section 68 of the Act. The AO was aware of the addresses and other details of the parties who have given cash credit to the assessee. But the AO without verifying the genuineness of the transactions has levied the penalty merely on the ground that such cash credits were treated as unexplained during the quantum Page

HARESHGIRI PRATAPGIRI GAUSHVAMI,BHAVNAGAR vs. ITO, WARD-2(3), BHAVNAGAR

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

section u/s.68 of the I.T. Act. Penalty proceedings u/s. 271(l)(c) of the Income tax Act, 1961 is initiated for I.T.A No. 2051/Ahd/2018 A.Y. 2014-15 Page No. 5 Hareshgiri Pratapgiri Gaushvami vs. ITO concealment of income/ furnishing inaccurate particulars of income. (Addition of Rs.2,09,61,440/-) 4. In appeal against the assessment order

THE ANKLAV MERCANTILE CO-OP CREDIT SOCIETY LTD.,ANAND vs. DCIT CIRCLE 1(1)(1), VADODARA, VADODARA

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

68 of the Act and added to the income of the assessee. Further, interest income amounting to ₹33,60,273/- received from Bank of Baroda and The Anklav Mercantile Co. Op. Credit Society Ltd. vs. DCIT Asst.Year –2022-23 - 3– State Bank of India was also subject to tax as "income from other sources" since the assessee failed to submit

SMT. NEELU SANJAY GUPTA,,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-2(2), AHMEDABAD

The appeal of the assessee is allowed for statistical purposes

Bench: Smt.Annapurna Gupta & Ms. Suchitra R. Kambleassessment Year : 2013-14 Smt. Neelu Sanjay Gupta, The Dy. Cit, Vs. 9Th Floor, Cambay Grand Hotel, Central Circle-2(2), S.G. Highway, Thaltej, Ahmedabad Ahmedabad-380054 Pan : Adypg 0351 K अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Abhimanyu Singh Bhati, Ar Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 29.02.2024 घोषणा की तारीख /Date Of Pronouncement: 28.05.2024 आदेश/O R D E R Per Annapurna Gupta

249 of Income-tax Act, which provides powers to the ld. Commissioner to condone the delay in filing the appeal before him, has also been used in Section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this expression has fallen for consideration before Hon'ble High Court as well as before the Hon'ble Supreme Court

ALPESHBHAI BALDEVBHAI RABARI,MEHSANA vs. THE ITO, WARD-1, MEHSANA

In the result, the appeal of the assessee is treated as allowed for statistical purpose

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2017-2018 Alpeshbhai Baldevbhai Rabari Ito, Ward-1 3, Rabarivas, Palaj Vs. Mehsana. Mehsana 384 410 Gujarat. Pan : Bwgpr 0788 H (Applicant) (Responent) : Shri Dhrunal Bhatt, Ar Assessee By : Shri Kalpesh Rupavatia, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 30/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 07/10/2025

section 249(3). It was observed that the assessee was in receipt of the assessment order on 02.12.2019 itself and had ample time to consider the implications and take appropriate legal remedies. The plea of ignorance of law, according to the CIT(A), could not be a valid ground for condonation. The learned CIT(A) accordingly rejected the application

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE INCOME TAX OFFICER, WARD-4(1), BARODA

In the result, both appeals of the assessee are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 1864/Ahd/2013 "नधा"रण वष"/Assessment Year: 2005-06 & "नधा"रण वष"/Assessment Year: 2006-2007 Welspun Projects (Formerly Known Ito, Ward-4(1) As Msk Projects (India) Ltd. Vs Baroda. 707-708, Sterling Centre R.C.Dutt Road, Alkapuri Baroda 390 005. Pan : Aabcm 4107 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vartik Chokshi With Shri Biren Shah, Ar Revenue By : Smt.Aparna M. Agrawal, Dr

249 of Income Tax Act, which provides powers to the ld.Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this expression has fallen for consideration before Hon’ble High Court as well as before the Hon’ble Supreme

WELSPUN PROJECTS LTD.(FORMERLY KNOWN AS MSK PROJECTS (INDIA) LTD.),BARODA vs. THE DY.CIT, RANGE-4,, BARODA

In the result, both appeals of the assessee are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 1864/Ahd/2013 "नधा"रण वष"/Assessment Year: 2005-06 & "नधा"रण वष"/Assessment Year: 2006-2007 Welspun Projects (Formerly Known Ito, Ward-4(1) As Msk Projects (India) Ltd. Vs Baroda. 707-708, Sterling Centre R.C.Dutt Road, Alkapuri Baroda 390 005. Pan : Aabcm 4107 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Vartik Chokshi With Shri Biren Shah, Ar Revenue By : Smt.Aparna M. Agrawal, Dr

249 of Income Tax Act, which provides powers to the ld.Commissioner to condone the delay in filing the appeal before the Commissioner. Similarly, it has been used in section 5 of Indian Limitation Act, 1963. Whenever interpretation and construction of this expression has fallen for consideration before Hon’ble High Court as well as before the Hon’ble Supreme

JITUDAN RAVATDAN GADHVI,PATAN vs. THE ITO, WARD-3, PATAN

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

249(3) of the Act, read with section 5 of The Limitation Act. Accordingly, the appeal is not admitted for adjudication on merits. In the result, the present appeal is dismissed in limine.” 8. Ground No. 4: 7. Before us, the Counsel for the assessee submitted that the assessee belongs from a small village of Palanpur