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

Bench: Shri Sanjay Garg & Makarand V. Mahadeokar

68=87” actually represented Rs. 6,887/- and entries like “540=00” represented Rs. 54,000/-. The Assessing Officer further noted that each day’s entries were supported by cash vouchers which were kept in green and pink coloured envelopes. The green vouchers represented receipts of cash, while the pink vouchers represented expenditures or payments made. These vouchers were also

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

Bench: Shri Sanjay Garg & Makarand V. Mahadeokar

68=87” actually represented Rs. 6,887/- and entries like “540=00” represented Rs. 54,000/-. The Assessing Officer further noted that each day’s entries were supported by cash vouchers which were kept in green and pink coloured envelopes. The green vouchers represented receipts of cash, while the pink vouchers represented expenditures or payments made. These vouchers were also

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

68,970 also remain unexplained and escaped assessment. Therefore, the AO initiated the proceedings under section 147 of the Act by issuing a notice under section 148 of the Act. With C.O.No.171/Ahd/2019 Asstt. Year 2010-11 5 4.3 However, the assessee before the AO has challenged the initiation of the proceedings under section

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. 18. The assessee in the year under consideration has shown the loan from following parties: Sr.No. Name of Depositor PAN Amount(Rs.) 1 Saral Management AACHS8451H Rs.2,23,03,000/- Consultancy 2 Shreej Infrastructure ACKPS9048L Rs.2,00,00,000/- 18.1 The assessee in support of the impugned loan has filed copy

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. 20. The assessee in the year under consideration has shown the loan from Saral Management & Consultancy for Rs. 1,69,20,000/-. The assessee in support of the impugned loan has filed copy of the PAN and the contra ledgers copy, bank statement and copy ITR acknowledgment in order to prove the identity, creditworthiness

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 I. T. Act, 1961 in respect of following persons on the ground that appellant failed to produce above persons, and therefore, identity, genuineness and creditworthiness have not been proved. Hannah Enterprises Pvt. Ltd. Rs. 14,14,291/- Boaston Tradelinks Pvt. Ltd. Rs. 2,87

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 I. T. Act, 1961 in respect of following persons on the ground that appellant failed to produce above persons, and therefore, identity, genuineness and creditworthiness have not been proved. Hannah Enterprises Pvt. Ltd. Rs. 14,14,291/- Boaston Tradelinks Pvt. Ltd. Rs. 2,87

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 I. T. Act, 1961 in respect of following persons on the ground that appellant failed to produce above persons, and therefore, identity, genuineness and creditworthiness have not been proved. Hannah Enterprises Pvt. Ltd. Rs. 14,14,291/- Boaston Tradelinks Pvt. Ltd. Rs. 2,87

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 I. T. Act, 1961 in respect of following persons on the ground that appellant failed to produce above persons, and therefore, identity, genuineness and creditworthiness have not been proved. Hannah Enterprises Pvt. Ltd. Rs. 14,14,291/- Boaston Tradelinks Pvt. Ltd. Rs. 2,87

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

section 143(3) read with\nsection 147. The basis for reopening in all years was the material seized\nduring a search conducted in the Venus Group on 10.03.2015, particularly\nthe seizure of a diary/cash book from the premises identified as the Terrace\nof Crystal Arcade/Crystal Plaza, C.G. Road, Ahmedabad. The Assessing\nOfficer recorded that this diary

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

87,67,924/- 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 of 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

87,67,924/- 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 of 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

87,67,924/- 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 of 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

87,67,924/- 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 of 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

87,67,924/- 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 of deposits added u/s 68

SHREE SANAND TEXTILE INDUSTRIES LTD.,,AHMEDABAD vs. THE DY.CIT, (OSD), CIRCLE-8,, AHMEDABAD

In the result the appeal filed by the assessee is allowed and the appeal filed by the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed1. आयकर अपील सं./Ita No.995/Ahd/2014 With Co No.167/Ahd/2014 (In Ita No.1166/Ahd/2014) ("नधा"रण वष"/Assessment Year : 1995-96) Shree Sanand Textiles The Dy.Cit (Osd) बनाम/ Industries Ltd. Circle-8 Vs. 10-A, Sattar Taluka Society Ahmedabad B/H. C.U. Shah College Navjivan Press Road Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamc 8881 G (Appellant & Cross Objector) .. (""यथ" / Respondent) & 2. आयकर अपील सं./Ita No.1166/Ahd/2014 ("नधा"रण वष"/Assessment Year : 1995-96) The Dcit Shree Sanand Textile बनाम/ Circle-8 Industries Ltd., Vs. Ahmedabad Ahmedabad .. (अपीलाथ"/Appellant) (""यथ" / Respondent) Assessee By : Shri Anil R.Shah, Shri Tushar Hemani & Ms.Kinjal Shah, Ars Revenue By : Shri Vidhut Trivedi, Sr.Dr

section 68 of the Act. The assessee has claimed to have made sales to 6 parties amounting to Rs. 4,11,36,522/- which are reproduced as under: (i) M.K. Textiles Rs.29,04,991/- (ii) Hardik Textiles Rs.1,98,91,748/- (iii) Lata Textiles Rs.19,96,635/- (iv) Shaka Fabrics Nil (v) Ravi Textiles Rs.1,17,87

THE DCIT.CIRCLE-8,, AHMEDABAD vs. SHREE SANAND TEXTILE INDS.LTD.,, AHMEDABAD

In the result the appeal filed by the assessee is allowed and the appeal filed by the revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed1. आयकर अपील सं./Ita No.995/Ahd/2014 With Co No.167/Ahd/2014 (In Ita No.1166/Ahd/2014) ("नधा"रण वष"/Assessment Year : 1995-96) Shree Sanand Textiles The Dy.Cit (Osd) बनाम/ Industries Ltd. Circle-8 Vs. 10-A, Sattar Taluka Society Ahmedabad B/H. C.U. Shah College Navjivan Press Road Ahmedabad "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aamc 8881 G (Appellant & Cross Objector) .. (""यथ" / Respondent) & 2. आयकर अपील सं./Ita No.1166/Ahd/2014 ("नधा"रण वष"/Assessment Year : 1995-96) The Dcit Shree Sanand Textile बनाम/ Circle-8 Industries Ltd., Vs. Ahmedabad Ahmedabad .. (अपीलाथ"/Appellant) (""यथ" / Respondent) Assessee By : Shri Anil R.Shah, Shri Tushar Hemani & Ms.Kinjal Shah, Ars Revenue By : Shri Vidhut Trivedi, Sr.Dr

section 68 of the Act. The assessee has claimed to have made sales to 6 parties amounting to Rs. 4,11,36,522/- which are reproduced as under: (i) M.K. Textiles Rs.29,04,991/- (ii) Hardik Textiles Rs.1,98,91,748/- (iii) Lata Textiles Rs.19,96,635/- (iv) Shaka Fabrics Nil (v) Ravi Textiles Rs.1,17,87

M/S. ASIAN AGENCY,,AHMEDABAD vs. THE DCIT, CIRCEL-7(2),, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

68 has also held that where the assessment of the assessee was completed on estimated basis penalty under section 271(1)(c) of the Act was not imposable with respect to the additions made on such estimate by the Assessing Officer. 37.4 Likwise the Patna High Court in case of CIT vs. Kailash Crockery House [1999] 235 ITR 544/107