ACIT, CENTRAL CIRCLE-2, VADODARA, VADODARA vs. HK ISPAT PVT LTD, GODHRA

In the result, all the appeals filed by the Revenue for AYs 2014–15 to 2021–

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

section 68 of the Act primarily on the basis of certain affidavits found during search and enquiries conducted by the Investigation Wing. Further, on the basis of entries in a seized Excel file, the Assessing Officer made an addition of Rs.5,00,000/- u/s 69C treating the same as unexplained expenditure. 6. Aggrieved by the order of the Assessing

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

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 68 of the Act. 34. There were certain credit entries appearing in the books of accounts for Rs. 12,46,31,300/- which

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

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 68 of the Act. 34. There were certain credit entries appearing in the books of accounts for Rs. 12,46,31,300/- which

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

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 68 of the Act. 34. There were certain credit entries appearing in the books of accounts for Rs. 12,46,31,300/- which

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

In the result, appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

section 68 of the Act. 34. There were certain credit entries appearing in the books of accounts for Rs. 12,46,31,300/- which

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. MAYORA INDIA PRIVATE LIMITED (FORMERLY KNOWN AS "INBISCO INDIA PVT. LTD.), AHMEDABAD

In the result, the appeals of the Department are dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

68 of Income Tax Act 1961, even when the assessee has failed to prove creditworthiness and genuineness of transaction. 2. Whether on facts and circumstances and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 14,30,00,000/- made by the AO @ 10% of total expenses, as assesssee could not established the genuineness

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. MAYORA INDIA PRIVATE LIMITED (FORMERLY KNOWN AS , AHMEDABAD

In the result, the appeals of the Department are dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

68 of Income Tax Act 1961, even when the assessee has failed to prove creditworthiness and genuineness of transaction. 2. Whether on facts and circumstances and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 14,30,00,000/- made by the AO @ 10% of total expenses, as assesssee could not established the genuineness

THE DCIT, CENTRAL CIRCLE-1(4), AHMEDABAD vs. M/S. GTC OILFIELDS SERVICES P. LTD, AHMEDABAD

In the result, all the 8 appeals filed by the Revenue are dismissed

Bench: Shri P.M. Jagtap, Vice- & Ms. Madhumita Royappeal No. Ay Appellant Respondent Sn M/S. Gtc Oilfields Services P. Ltd., 2009-10 The Dcit, 61, New York Tower, A-Block, It(Ss)A Nos. 1-3 2010-11 Central Circle 1(4), Thaltej Char Rasta, S.G. Road, 314 To 316/Ahd/2019 2014-15 Ahmedabad Ahmedabad-380054 Pan : Aaacg 8684 P The Dcit, M/S. Gtc Oilfields Services P. Ltd.

Section 68 of the Act by treating the share capital and share premium amounts as unexplained cash credit were not sustainable as rightly held by the learned CIT(A). 14. At the time of hearing before us, the learned Counsel for the assessee has emphasized that the facts involved in the present cases are materially similar to the facts

DHARAMTAR MOTORS SERVICES PETROLEUM PRODUCT,,AHMEDABAD vs. THE ITO, WARD-6(1)(4),, AHMEDABAD

In the results, both the appeals of the assessee are allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 1438 & 2534/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 M/S Dharamtar Motor Services Income Tax Officer, Petroleum Product, Vs. Ward 6(1)(4) C/O. Ketan H. Shah, Advocate 903, Ahmedabad. Sapphire Complex, C.G. Road, Navrangpura, Ahmedabad. Pan: Aabfd9182F

Section 68/41(1) of the Income Tax Act. In para 5.21, 5.22, page 18, CIT(A) has given factual aspect regarding introduction of two new partners namely Subhash Desai and Kalpesh Gilder. In para 5.24, he admits that sec. 68 is not applicable. Thereafter, in para 5.25, he applied sec. 41(1) after making reliance upon

SHRI UMIYA COOPERATIVE CREDIT SOCIETY LTD. ,1, SENETARY ROAD , KUTCHHI PATIDAR VADI, PETLAD TAL. PETLAD DIST. ANAND vs. INCOME TAX OFFICER, WARD-1(3)(1), PETLAD

In the result, Ground No. 2 of the assessee’s appeal is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

68 of the Act. 5. The assessee field appeal before Ld. CIT(A) which was dismissed by the Ld. CIT(A) on account of non-prosecution. While dismissing the appeal of the assessee the Ld. CIT(A) made the following observations: “Despite repeated notices as delineated above, the appellant has not seen it fit to file any submissions, information

THE DCIT-CIRCLE-4(1)(1), AHMEDABAD vs. SHREE SIDDHI INFRABUILD PVT. LTD, AHMEDABAD

Bench: Shri Sanjay Garg & Makarand V. Mahadeokar

34,740/- 8,37,42,940/- Income in Rs. 4. The assessee carried the matter in appeals before the CIT(A), challenging both the validity of the reopening of assessments under section 147 and the additions made under sections 68

THE DCIT-CIRCLE-4(1)(1), AHMEDABAD vs. SHREE SIDDHI INFRABUILD PVT. LTD, AHMEDABAD

Bench: Shri Sanjay Garg & Makarand V. Mahadeokar

34,740/- 8,37,42,940/- Income in Rs. 4. The assessee carried the matter in appeals before the CIT(A), challenging both the validity of the reopening of assessments under section 147 and the additions made under sections 68

AMARPADMA CREDITS PRIVATE LIMITED,JODHPUR vs. THE INCOME TAX OFFICER, WARD-1(1)(1), AHMEDABAD

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

Bench: MRS. ANNAPURNA GUPTA (Accountant Member), SHRI SIDDHARTHA NAUTIYAL (Judicial Member)

34 ITR 807 (SC).It was only later that the above dictum of the Apex Court found embodiment in section 68

ITO WARD-4(1)(4),, AHMEDABAD vs. VALLEY COMTRADE PVT LTD ( EARLIER KNOWN AS JHAWAR COMTRADE PVT. LTD.,), AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Siddharatha Nautiyalआयकर अपील सं./Ita No. 2034/Ahd/2017 िनधा"रण वष"/Asstt. Year:2012-2013 I.T.O, M/S. Valley Comtrade Pvt. Ltd., Ward-4(1)(4), Vs. (Earlier Known As Jhawar Comtrade Ahmedabad. Pvt. Ltd.,) C-205, Titanium Square, Near Parsoli Bmw Showroom, Thaltej Chokdi, Ahmedabad-380054. Pan: Aadcs3553N & आयकर अपील सं./Ita No. 68/Srt/2017 िनधा"रण वष"/Asstt. Year:2012-2013 M/S. Valley Comtrade Pvt. Ltd., I.T.O, (Earlier Known As Jhawar Comtrade Vs. Ward-1(1)(3), Pvt. Ltd.,) Surat. C-205, Titanium Square, Near Parsoli Bmw Showroom, Thaltej Chokdi, Ahmedabad-380054. Pan: Aadcs3553N

section 68 of the ITA no.2034/AHD/2017 & A.Y. 2012-13 34 Act, without establishing the creditworthiness of the credits and the genuineness

THE ASST. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. EL DORADO BIOTECH PRIVATE LIMITED,, AHMEDABAD

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

68 of the Act. 26. The Principles of Natural Justice requires that the Department which seeks to rely on the statement of a witness (Shri Partik R. Shah)has to allow the adverse party (the assessee) an opportunity of cross-examination of such witness. Admittedly, the opportunity for the cross examination of Shri Partik R. Shah was not provided

RICH PAINTS LIMITED,,BARODA vs. THE INCOME TAX OFFICER,WARD-4(2),, BARODA

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedsl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 186/Ahd/2015 1995-96 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H 2. 187/Ahd/2015 1996-97 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H 3. 188/Ahd/2015 1997-98 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H

Section 68 of the Act on account of unexplained cash credit amounting to Rs. 50,50,000/-, Rs.11,77,000/- and Rs.1,22,34

RICH PAINTS LIMITED,,BARODA vs. THE INCOME TAX OFFICER,WARD-4(2),, BARODA

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedsl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 186/Ahd/2015 1995-96 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H 2. 187/Ahd/2015 1996-97 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H 3. 188/Ahd/2015 1997-98 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H

Section 68 of the Act on account of unexplained cash credit amounting to Rs. 50,50,000/-, Rs.11,77,000/- and Rs.1,22,34

RICH PAINTS LIMITED,,BARODA vs. THE INCOME TAX OFFICER,WARD-4(2),, BARODA

In the result, all the appeals of the assessee are partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedsl. Ita No(S) Asset. Appeal(S) By No(S) Year(S) Appellant Vs. Respondent Appellant Respondent 1. 186/Ahd/2015 1995-96 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H 2. 187/Ahd/2015 1996-97 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H 3. 188/Ahd/2015 1997-98 M/S. Rich Paints Ltd. Ito-4(2), C/O Smt. Bhartiben M. Shah, Baroda 60 Sundaram Nagar, Near Jakat Naka, Vasna Road, Vadodara (Guj.)-390007 Pan No. Aaacr8988H

Section 68 of the Act on account of unexplained cash credit amounting to Rs. 50,50,000/-, Rs.11,77,000/- and Rs.1,22,34