HARISHKUMAR KHUSHALRAY BHATT,AHMEDABAD vs. THE ITO, WARD-3(3)(2) NOW WARD-3(3)(1), AHMEDABAD

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

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2017-18 Harishkumar Khushalray Bhatt Ito, Ward-3(3)(2) P/1, Chandragupta Apartment Vs. Ahmedabad. Nr. Gordhandas Patel Hospital Vastrapur Ahmedabad. Pan : Abspb 3786 F (Applicant) (Responent) Assessee By : Shri Pritesh L. Shah, Ar : Shri Uday Kishanrao Kakne, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 07/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 15/07/2025 आदेश/O R D E R आदेश आदेश आदेश

68, considering that the books were neither produced during assessment nor could be relied upon. It was submitted that the addition could not be deleted merely because the amount stood recorded in the books, since the books themselves were not found to be reliable, and the sale bills were self-generated. The DR also argued that there was no case

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)

68. The addition so sustained may kindly be deleted. 3. On the facts and in the circumstances of the case, Ld. CIT(A) erred in upholding the disallowance for Rs.25,000/- out of office expenses invoking provisions of section 40A

SHAILESHKUMAR DAHYABHAI PATEL,VADODARA, GUJARAT vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 2(1)(2) (NOW DCIT CIRCLE 2(1)(1), VADODARA, GUJARAT, VADODARA, GUJARAT

In the result, Ground Number 7 of the assessee’s appeal is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

68 of the Act, which has been deleted by us, the disallowance of interest cannot survive. Accordingly, Ground No. 6 is also allowed. 16. With respect to Ground Number 7 (disallowance of Interest expenses of Rs. 35.21 lakhs), the counsel for the assessee submitted that this interest payment is with respect to loans taken in earlier assessment years. Further

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-4(1)(1),, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A

THE DCIT, CIRCLE-8,, AHMEDABAD vs. SHIVAM WATER TREATERS PVT. LTD.,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE ACIT, (OSD), CIRCLE-8,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A

SHIVAM WATER TREATERS PVT. LTD.,,AHMEDABAD vs. THE DY. CIT, CIRCLE-8, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

68 of the Act. Thus the ground of appeal raised by the Assessee is hereby allowed. 29. The next issue raised by the assessee is that the learned CIT-A erred in confirming the addition made by the AO for ₹ 15 Lacs under the provisions of section 40A

M/S. SOUTH SHOURNE CORPORATION (INDIA),,BARODA vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCEL-2(2),, BARODA

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.269/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2004-2005 M/S South Shourne Corporation(India) Acit, 931, Gidc Estate, Circle-2(2), V Makarpura, Baroda. S. Baroda.

68 of the Act. Accordingly, we set aside the order of Ld. CIT(A) and direct the AO to delete the addition made by him. Hence the ground of appeal of the assessee is allowed. 10. The second ground raised by the assessee is that Ld.CIT (A) erred in confirming the addition of Rs. 33,594 in respect

THE ACIT., PATAN CIRCLE,, PATAN vs. SHIV REFOILS AND CAKES, CHANSAMA, PATAN

In the result, the Revenue’s appeal is dismissed

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1672/Ahd/2019 िनधा"रण वष" /Assessment Year : 2014-15 The Acit Shiv Refoils & Cakes बनाम/ Patan Circle, Plot No.2 Gidc Estate V/S. Patan – 384 265 Chanasma, Patan

68 was deleted, the interest paid on such capital automatically became allowable. The Revenue’s argument does The ACIT vs. Shiv Refoils and Cakes Asst. Year : 2014-15 not hold since the foundation of the disallowance, i.e., the unexplained nature of the capital, was disproved. 13. We agree with the CIT(A)'s conclusion that the disallowance of Rs.18

INCOME TAX OFFICER, VEJAPUR vs. DARSHAN ORNA LIMITED, NAVRANGPURA

In the result, Revenue’s appeal is accordingly allowed for statistical purposes

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1606/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Income Tax Officer Darshan Orna Limited बनाम/ Vejalpur 102, Shri Balaju Paragon V/S. Ahmedabad – 380 015 C.G. Road Navrangpura Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aadcd 7142 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Deepak Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/04/2025 घोषणा की तारीख /Date Of Pronouncement: 23/04/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

68 of the Act and added to the total income of the assessee. 3. The assessee preferred an appeal before CIT(A). During the course of appellate proceedings, the assessee submitted that it was maintaining regular books of accounts which were duly audited under the Companies Act, 2013 as well as under section 44AB of the Act, without

SHRI ALTAFHUSEN M. SIDDIKI,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-9(4), AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

Section 40A(3) and rule 6DD that they are intended to regulate the business transactions and to prevent the use of unaccounted money or reduce the chances to use black- money for business transactions.. If the payment is made by a crossed cheque drawn on a bank or a crossed bank draft then it will be easier

SHRI ALTAFHUSEN MAHEMUDUL HASAN SIDDIKI,AHMEDABAD vs. THE DY.CIT.,RANGE-9,, AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.577/Ahd/2012 "नधा"रण वष"/Assessment Year: 2008-09 & आयकर अपील सं./ Ita No.969/Ahd/2015 { "नधा"रण वष"/Assessment Year: 2010-11 Shri Altafhusen M. Siddiki, Prop Dcit, Circle-9 Of Sunmoon Roadways 6/D/1, Vs Ahmedabad Pursottam Estate, Nr. Cozy Hotel, Ranipur Patia, Sarkhej Road, Narol, Ahmedabad-382405 Pan No.Arsps3765P

Section 40A(3) and rule 6DD that they are intended to regulate the business transactions and to prevent the use of unaccounted money or reduce the chances to use black- money for business transactions.. If the payment is made by a crossed cheque drawn on a bank or a crossed bank draft then it will be easier

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

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.

section 40A(3) of the Act and on account of understatement of closing stock. 19. The AO during the assessment proceedings found that the capital account of one of the partners namely Shri Ganshayamsingh Vaghela was showing debit balance in the books of the assessee as on 31st March 2010 at ₹ 16,68

AURA SECURITIES PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-1,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

40a , the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation.—For the purposes of this section, "quoted share" means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation

AURA SECURITIES PVT. LTD.,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

40a , the value so determined shall, for the purposes of section 48, be deemed to be the full value of consideration received or accruing as a result of such transfer. Explanation.—For the purposes of this section, "quoted share" means the share quoted on any recognised stock exchange with regularity from time to time, where the quotation

THE ITO, WARD-1(1)(1), AHMEDABAD vs. M/S. ADINATH ORNAMENTS PVT. LTD., AHMEDABAD

In the result, the appeal of the Revenue is dismissed

section\n40A(3) in respect of cash labour payments exceeding the prescribed limit.\n3.\nAggrieved by the additions made, the assessee carried the matter in\nappeal before the CIT(A). The Learned CIT(A) partly allowed the appeal. The\naddition of Rs.2,32,00,000/- u/s 68 was deleted. The CIT(A) observed that\nthe assessee had explained

THE ITO, WARD-4(1),, BARODA vs. M/S. MADHAV ORGANISORS PVT.LTD., BARODA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

40A(3) of the Act, being in the nature of capital expenditure and illegal expenditure. 13. Both the learned AR and the DR vehemently supported the order of the authorities below to the extent favourable to them. 14. We have heard the rival contentions of both the parties and perused the materials available on record. The facts of the case

M/S. MADHAV ORGANIZERS PVT.LTD.,BARODA vs. THE INCOME TAX OFFICER,WARD-1(4),, BARODA

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

40A(3) of the Act, being in the nature of capital expenditure and illegal expenditure. 13. Both the learned AR and the DR vehemently supported the order of the authorities below to the extent favourable to them. 14. We have heard the rival contentions of both the parties and perused the materials available on record. The facts of the case