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 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. In reply, the following submission was made on behalf of the assessee-companies:- “1. The company Baghban Marketing P Ltd has made investment in share capital and premium of M/s. GTC Oilfield Services P ltd in AY 2009-10 and 2010-11 of Rs 8,70

DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD vs. M/S.DHARMEN MARBLE & STONE, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 794/Ahd/2019 With C.O.No.171/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., M/S. Dharmen Marble & Stone, Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. Pan: Aabfd5172B

section 68 of the Act and added to the total income of the assessee. 22. Aggrieved assessee preferred an appeal to the learned CIT-A. 23. The assessee before the learned CIT(A) submitted that during the assessment proceedings it has furnished details such as PAN, Address, confirmation, contra confirmation and bank statement which were sufficient enough to prove

DCIT, CENTRAL CIRCLE-(1)(2), AHMEDABAD vs. SHREYASI DHARMEN SUTARIA, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 797/Ahd/2019 With C.O.No.173/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., Shreyasi Dharmen Sutaria, Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. 2Nd Address: 8, Amrashagun Bunglows, Nr. Hathisingh Park, Satellite, Ahmedabad-380015. Pan: Awops1881R

section 68 of the Act by making the addition to the total income of the assessee. 10. Aggrieved assessee preferred an appeal to the learned CIT-A. 11. The assessee before the learned CIT(A) reiterated that cash was deposited out of opening balance and withdrawal made during the year and all the withdrawal and deposits are duly recorded

DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD vs. DHARMENBHAI MAHENDRABHAI SUTARIA -HUF, AHMEDABAD

In the result appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 795/Ahd/2019 With C.O.No.169/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-2011 D.C.I.T., Dharmenbhai M. Sutaria, Huf Central Circle-1(2), Vs. 16-B, Jadav Chamber, Ahmedabad. Ashram Road, Ahmedabad-380009. Pan: Aafhd1653K

section 68 of the Act in the hands of the assessee. With C.O.No.169/Ahd/2019 Asstt. Year 2010-11 4 4.1 Based on the above, the AO analyzed the bank statements for the period beginning from 1 April 2008 to 31 March 2015 of different persons whose names were appearing in such excel sheet

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

70. At this juncture, it is also pertinent to note that the revenue is authorized record the statement under section 133A(3)(iii) of the Act during the survey operation. There is no provision for recording the statement under section 131(1) in survey operation except the circumstances provided under subsection 6 to the section 133A

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

70. At this juncture, it is also pertinent to note that the revenue is authorized record the statement under section 133A(3)(iii) of the Act during the survey operation. There is no provision for recording the statement under section 131(1) in survey operation except the circumstances provided under subsection 6 to the section 133A

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

70. At this juncture, it is also pertinent to note that the revenue is authorized record the statement under section 133A(3)(iii) of the Act during the survey operation. There is no provision for recording the statement under section 131(1) in survey operation except the circumstances provided under subsection 6 to the section 133A

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

70. At this juncture, it is also pertinent to note that the revenue is authorized record the statement under section 133A(3)(iii) of the Act during the survey operation. There is no provision for recording the statement under section 131(1) in survey operation except the circumstances provided under subsection 6 to the section 133A

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

Bench: Shri Sanjay Garg & Makarand V. Mahadeokar

68 or section 69A. This principle is well settled by the decisions of the Hon’ble Supreme Court and various High Courts, including the decisions relied upon by the CIT(A). 6.2 In conclusion, it is also pertinent to record that the Assessing Officer has proceeded on a fundamentally incomplete appreciation of the assessee’s books of account

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

Bench: Shri Sanjay Garg & Makarand V. Mahadeokar

68 or section 69A. This principle is well settled by the decisions of the Hon’ble Supreme Court and various High Courts, including the decisions relied upon by the CIT(A). 6.2 In conclusion, it is also pertinent to record that the Assessing Officer has proceeded on a fundamentally incomplete appreciation of the assessee’s books of account

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

In the result, the appeal of the assessee is allowed

68 to section 69D but business loss was not covered. It is only by Finance Act, 2016 w.e.f. 01.04.2017 it is inserted in the provision to deny benefit of set off of any loss. Therefore, in the case of the assessee, if we reduce the business income by Rs. 50,00,000/- (Income Tax Declaration During Survey) then

SHRI NARENDRA B. PATEL,,SABARKANTHA vs. THE INCOME TAX OFFICER, WARD-2,, HIMATNAGAR

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 3153/Ahd/2014 िनधा"रण वष"/Asstt. Year: 2011-12 Narendra B. Patel, I.T.O., 592, Pampaliva Vas, Vs. Ward-2, Moyad, Himatnagar. Sabarkantha-383110. Pan: Asupp6989M

68 of the Act rather it is a case where the assessee has made the submissions in accordance with the provisions of section 69 of the Act. Therefore, we find it difficult to convince ourselves with the contention of the learned AR for the assessee. Accordingly, we reject the contention of the learned AR for the assessee

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

Accordingly kept open.\n10. All Revenue appeals fail on merits and are dismissed

68 or section 69A. This principle is well\nsettled by the decisions of the Hon'ble Supreme Court and various High\nCourts, including the decisions relied upon by the CIT(A).\n6.2\nIn conclusion, it is also pertinent to record that the Assessing Officer\nhas proceeded on a fundamentally incomplete appreciation of the assessee's\nbooks of account

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.

70,000/-made under section 68 of the Act. 2. The Ld. CIT(A) has erred, both in law and on the facts

NIKULBHAI CHATURBHAI PATEL, HUF,GANDHINAGAR vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

70,00,000/- made under section 69 of the Act in toto. 3.3 In law and in the facts and circumstances of Appellant's case, the CIT(A) ought to have deleted entire addition made by the Assessing officer more particularly when the Assessing Officer has never provided break up of quantum deposits added u/s 68

NIKULBHAI CHATURBHAI PATEL, HUF,GANDHINAGAR vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

70,00,000/- made under section 69 of the Act in toto. 3.3 In law and in the facts and circumstances of Appellant's case, the CIT(A) ought to have deleted entire addition made by the Assessing officer more particularly when the Assessing Officer has never provided break up of quantum deposits added u/s 68

INCOME TAX WARD 4(2)(3) AHMEDABAD, AHMEDABAD vs. NIKULBHAI CHATURBHAI PATEL HUF, GANDHINAGAR

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

70,00,000/- made under section 69 of the Act in toto. 3.3 In law and in the facts and circumstances of Appellant's case, the CIT(A) ought to have deleted entire addition made by the Assessing officer more particularly when the Assessing Officer has never provided break up of quantum deposits added u/s 68