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

43 taxmann.com 395 "Section 68 of the Income-tax Act, 1961 Cash credits (Burden of proof) Various additions were

THE VARDHMAN STAMPINGS PVT. LTD.,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD

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

43(5)(d). An adjustment to the taxable income may therefore be\nmade, if necessary, keeping in view the provisions of law referred to above.\"\n3.1 In the said instruction, the term \"Marked to Market\" has been used\nand therefore, I have tried to understand this term by visiting the\nrelevant webpages available on the subject. This term has been

THE VARDHMAN STAMPINGS PVT. LTD.,,AHMEDABAD vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4(1)(2),, AHMEDABAD

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

43(5)(d). An adjustment to the taxable income may therefore be\nmade, if necessary, keeping in view the provisions of law referred to above.\"\n3.1 In the said instruction, the term \"Marked to Market\" has been used\nand therefore, I have tried to understand this term by visiting the\nrelevant webpages available on the subject. This term has been

INTAS PHARMACEUTICALS LTD.,AHMEDABAD vs. THE DCIT, CIRCLE-2(1)(1), AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

68,91,720 Proportionate Interest Disallowance (B × C) ÷ A Amount Disallowed u/s 36(1)(iii) Rs. 11,29,21,996 ITA No.281 and 222/Ahd/2021 43 80. Before the CIT(A), the assessee submitted that the disallowance was unjustified and that it had substantial interest-free funds available throughout the year, far in excess of the average CWIP balance

THE ACIT, CIRCLE-2(1)(1), AHMEDABAD vs. M/S. INTAS PHARMACEUTICALS LTD., AHMEDABAD

Accordingly, this ground raised by the Revenue is dismissed

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2015-16 Acit, Cir.2(1)(1) M/S.Intas Pharmaceuticals Ltd Vejalpur Vs Corporate House Ahmedabad. S.G. Highway Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L Asstt.Year : 2015-16 M/S.Intas Pharmaceuticals Ltd Acit, Cir.2(1)(1) Corporate House Vs Vejalpur S.G. Highway Ahmedabad. Nr.Sola Bridge, Thaltej Ahmedabad 380 054. Pan : Aaaci 5120 L (Applicant) (Responent) : Assessee By Shri S.N. Soparkar, Sr.Advocae & Shri Parin Shah, Ar : Shri Ragnesh Das, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 28/04/2025 घोषणा क" तारीख /Date Of Pronouncement: 21/05/2025 आदेश आदेश/O R D E R आदेश आदेश

68,91,720 Proportionate Interest Disallowance (B × C) ÷ A Amount Disallowed u/s 36(1)(iii) Rs. 11,29,21,996 ITA No.281 and 222/Ahd/2021 43 80. Before the CIT(A), the assessee submitted that the disallowance was unjustified and that it had substantial interest-free funds available throughout the year, far in excess of the average CWIP balance

THE DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD vs. M/S. STHAPATYA SHILP CONSTRUCTION, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 907/Ahd/2019 With C.O.No.170/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., M/S. Sthapatya Shilp Construction, Central Circle-1(2), Vs. 2, Abhiraj Complex, Ahmedabad. 68-B, Swastic Society, Ahmedabad. Pan: Abffs2922P

section 68 of the Act. 24. The learned CIT(A) after considering the submission of the assessee deleted the addition made by the AO by observing as under: The AO in Para 8.1.1 of the assessment order observed that the appellant has not submitted all the details in support of its claim. Thereafter in para

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

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 cannot be invoked in the given facts and circumstances. In view of the above, we do not find any reason to interfere in the finding of the Ld. CIT-A. Hence, the ground of appeal of the revenue is hereby dismissed. 43

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 cannot be invoked in the given facts and circumstances. In view of the above, we do not find any reason to interfere in the finding of the Ld. CIT-A. Hence, the ground of appeal of the revenue is hereby dismissed. 43

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 cannot be invoked in the given facts and circumstances. In view of the above, we do not find any reason to interfere in the finding of the Ld. CIT-A. Hence, the ground of appeal of the revenue is hereby dismissed. 43

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 cannot be invoked in the given facts and circumstances. In view of the above, we do not find any reason to interfere in the finding of the Ld. CIT-A. Hence, the ground of appeal of the revenue is hereby dismissed. 43

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

In the result, the appeal of the assessee is allowed

43 of the paper book explaining that income disclosed during survey of Rs. 50 lacs was duly shown in the Profit and Loss Account for the period ending on 31st March, 2015 under the head other income (income tax declaration). The ld. counsel has also submitted that during the I.T.A No. 2341/Ahd/2018 A.Y. 2015-16 Page No 5 M/s. Arihant

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD, GUJARAT vs. BHAVESHKUMAR GIRISHBHAI BHANDARI, AHMEDABAD, GUJARAT

Appeal is allowed in ITA 978/Ahd/2025 and ITA\n978/Ahd/2025 as well

43 taxmann.com 395 (Guj), and PCIT v. Genuine Finance Pvt.\nLtd. [Tax Appeal No. 222 of 2023 (Guj)], to argue that once the identity,\ngenuineness, and creditworthiness were established, the burden stood\ndischarged and no addition under section 68

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

Section 68 of the Act in the given facts and circumstances. In holding so, we draw support and guidance from the judgment of Hon’ble Gujarat High Court in the case of CIT Vs. Chanakya Developers reported in 43

JAP AGRO FOODS PVT.LTD.,BARODA vs. THE INCOME TAX OFFICER,WARD-1(4),, BARODA

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 191/Ahd/2016 "नधा"रणवष"/Asstt. Year: 2011-2012 M/S Jap Agro Foods Pvt. Ltd., I.T.O, Block No.295, Vs. Ward-1(4), Ranu Tal. Padra, Baroda. Vadodara.

43,350/- Asstt. Year 2011-12 11 which is sufficient enough to justify the capacity for advancing loan to the assessee. Therefore we are not impressed with the finding of the authorities below. As such the assessee has discharged its primary onus imposed under section 68

DIPAKKUMAR JAGDISHCHANDRA MAHETA,CHHOTAUDEPUR vs. THE DCIT, CIRCLE-2(1)(1), (PREVIOUSLY ITO, WARD-3(1)(3)), VADODARA

In the result, the appeal of the assessee is allowed

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2015-16 Dipakkumar Jagdishchandra Maheta The Dcit, Cir.2(1)(1) Holi Chakla Vs. Vadodara. Alipura Char Rasta Bodeli,Chhotaudepur Gujarat. Pan : Ahtpm 6296 N (Applicant) (Responent) : Shhri Jigar Adhyaru, Ar Assessee By Revenue By : Shri Hargovind Singh, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 24/07/2025 घोषणा क" तारीख /Date Of Pronouncement: 29/07/2025 आदेश आदेश/O R D E R आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”], Dated 15.05.2024, Confirming The Addition Made By The Income Tax Officer, Ward – 3(1)(3), Baroda [Hereinafter Referred To As “Assessing Officer Or Ao”] Under Section 68 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”] In Respect Of The Opening Capital Balance As On 01.04.2014 Amounting To Rs.96,10,209/–, In The Case Of The Assessee For The Assessment Year (Ay) 2015–16. 2. Facts Of The Case

68 of the Income-tax Act, 1961 [hereinafter referred to as “the Act”] in respect of the opening capital balance as on 01.04.2014 amounting to Rs.96,10,209/–, in the case of the assessee for the Assessment Year (AY) 2015–16. 2. Facts of the Case 2.1 The assessee is an individual engaged in the business of transportation under

JHAVERI TRADING AND INVESTMENT PVT.LTD.,AHMEDABAD vs. THE DCIT, CENT. CIR. 1(1), AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

68 of the Act amounting to ₹ 2,84,90,000.00 34. At the outset, we note that the issue raised by the assessee in its ground of appeal for the AY 2013-14 is identical to the issue raised by the assessee in ITA No. 401/AHD/2023 for the assessment year 2012-13 except the change in the amount

JHAVERI TRADING AND INVESTMENT PVT.LTD.,AHMEDABAD vs. THE DCIT, CENT. CIR. 1(1), AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकर अपील सं./Ita Nos. 401 To 403/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2012-2013 To 2014-2015) & आयकर अपील सं./Ita Nos. 399 & 400/Ahd/2023 "नधा"रण वष"/Asstt. Years: (2010-2011 & 2011-12)

68 of the Act amounting to ₹ 2,84,90,000.00 34. At the outset, we note that the issue raised by the assessee in its ground of appeal for the AY 2013-14 is identical to the issue raised by the assessee in ITA No. 401/AHD/2023 for the assessment year 2012-13 except the change in the amount