SHRI GANDHI MAULANA AZAD SHRAMJIVI ASHRA,KUTCH vs. INCOME TAX OFFICER, EXEMPTION WARD 1, RAJKOT, RAJKOT

In the result, appeals of the assessee, are allowed

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

120 or any other provision of this Act, and the Additional Commissioner or Additional Director or Joint Commissioner or Joint Director who is directed under clause (b) of sub-section (4) of that section to exercise or perform all or any of the powers and functions conferred on, or assigned to, an Assessing Officer under this Act; 5. On perusal

SHIV EXTRUSION,JAMNAGAR vs. INCOME TAX OFFICER, JAMNAGAR

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini, Am. & Dr. Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 646/Rjt/2025 "नधा"रणवष" / Assessment Year: (2016-17) (Hybrid Hearing) Shiv Extrusion Vs. Income Tax Officer Plot No.3978 Phase Iiiroad Income Tax Office, Ito Ward No.-R Dared, Jamnagar 2(10), Jamnagar, Income 361004, Gujarat, India, Jamnagar Tax Office, Shiv Smruti, Jamnagar, Jamnagar, Gujarat, 361008, Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abkfs7199F (Appellant) (Respondent) Appellant By : Shri Ramesh M. Patel, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav Ld. Sr. Dr Date Of Hearing : 23/12/2025 Date Of Pronouncement : 12/03/2026

4. Invalidity due to Improper Sanction for Subsequent Notice (Section 151 New Regime): The subsequent notice u/s 148 dated 29.07.2022, issued on the explicit premise that the case fell under Section 149(1)(b) (more than three years elapsed), relied on the approval of the Pr. Commissioner of Income-tax (PCIT), Jamnagar. Section 151(ii) mandates that when more than

ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, GANDHIHDAM, GANDHIDHAM, GUJARAT

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

4,20,815 General invoice Trading value Total 2.21.28.335 128- ITA Nos. 284, 353, 225 & 226/RJT/2024 Aditya Birla Global Trading (India) Pvt. Ltd. It was noticed by the assessing officer that assessee has not deducted TDS on this commission payment as per the provision of section 195 of the Act. As, TDS was not deducted from the above payment

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 , RAJKOT vs. ADITYA BIRLA GLOBAL TRADING(INDIA) PVT.LTD. (SWISS SINGAPORE INDIA PVT. LTD.), GANDHIDHAM

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

4,20,815 General invoice Trading value Total 2.21.28.335 128- ITA Nos. 284, 353, 225 & 226/RJT/2024 Aditya Birla Global Trading (India) Pvt. Ltd. It was noticed by the assessing officer that assessee has not deducted TDS on this commission payment as per the provision of section 195 of the Act. As, TDS was not deducted from the above payment

ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. DCIT-ACIT CENT-2 RKT, RAJKOT

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

4,20,815 General invoice Trading value Total 2.21.28.335 128- ITA Nos. 284, 353, 225 & 226/RJT/2024 Aditya Birla Global Trading (India) Pvt. Ltd. It was noticed by the assessing officer that assessee has not deducted TDS on this commission payment as per the provision of section 195 of the Act. As, TDS was not deducted from the above payment

DCIT, CENTRAL CIRCLE 2, RAJKOT vs. ADITYA BIRLA GLOBAL TRADING (INDIA) PVT. LTD. (SWISS SINGAPORE INDIA PVT. LTD., GANDHIDHAM

In the result, appeal filed by the assessee, in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

4,20,815 General invoice Trading value Total 2.21.28.335 128- ITA Nos. 284, 353, 225 & 226/RJT/2024 Aditya Birla Global Trading (India) Pvt. Ltd. It was noticed by the assessing officer that assessee has not deducted TDS on this commission payment as per the provision of section 195 of the Act. As, TDS was not deducted from the above payment

SHREE SAMARTH SWITCHGEAR AND TRANSMISSION PVT LTD,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

B (अपीलाथ"/Appellant) (""यथ"/Respondent) : "नधा"रतीक"ओरसे/Assessee by : Shri Mahesh Paun, ld.AR राज"वक"ओरसे/Revenue by : Shri Sanjay Punglia, ld.CIT-DR सुनवाईक"तार"ख/Date of Hearing : 06/03/2025 घोषणाक"तार"ख/Date of Pronouncement : 25/04/2025 ORDER PERDR. ARJUN LAL SAINI, ACCOUNTANT MEMBER: By wayof these three appeals, different assessees have challenged the correctness of the separate orders

SHREE SAMARTH ELECTRICALS PVT LTD,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

B (अपीलाथ"/Appellant) (""यथ"/Respondent) : "नधा"रतीक"ओरसे/Assessee by : Shri Mahesh Paun, ld.AR राज"वक"ओरसे/Revenue by : Shri Sanjay Punglia, ld.CIT-DR सुनवाईक"तार"ख/Date of Hearing : 06/03/2025 घोषणाक"तार"ख/Date of Pronouncement : 25/04/2025 ORDER PERDR. ARJUN LAL SAINI, ACCOUNTANT MEMBER: By wayof these three appeals, different assessees have challenged the correctness of the separate orders

THE ACIT, CIRCLE-1,, JAMNAGAR vs. M/S. SENOR METALS PVT. LTD., JAMNAGAR

In the results the appeal of the revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Suchitra Raghunath Kambleआयकर अपील सं./Ita No. 260/Rjt/2015 िनधा"रण वष"/Asstt. Year:2011-12

120 Nickel 5,78,047 377.00 3,43,070 486.10 Cadmium 12,981 70.00 15,960 61.00 Silicon 89,566 807.65 75,111 690.30 Magnesium - 16.00 2,688 - Generated Scrap 15,534.73 42,51,233 13,428.00 28,04,169 sub-total 144,31,712 1,55,403.70 308,93,305 56,426.29 (E) Less: Raw Material Sold Zinc 4

GOJIYA BHIKHUBHAI,JAMNAGAR vs. PRINCIPAL COMMISSIONEROF INCOME TAX, JAMNAGAR

120 days in ITA No.612/RJT/2024,as also\n119 days' delay, each in filing, the appeals in ITA No.609 and 610/RJT/2024,\nand admit these respective appeals for hearing.\n7. For the sake of convenience, the grounds as well as the facts narrated in ITA\nNo.612/RJT/2024, for assessment Year 2018-19, have been taken into\nconsideration for deciding the above appeals

PRAMUKH ARANYA DEVELOPERS,JUNAGADH vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

120/-, as on 31.03.2018. Out of the\ntotal Closing Stock, thestock of Rs. 17,31,88,000/- pertained to Financial year\n(FY) 2016-17. However, the assessee has not offered notional rent as per\nsection u/s 22 r.w.s. 23 of Act, for those unsold units which have been\ncompleted in previous year, that is, 2016-17. The BUC(Completion

SHRI JAYANTILAL PAGHADAL,AT CHARAN SAMDHIYALA, NEW AREA PLOT, TALUKA JETPUR, DISTRICT RAJKOT-365480 vs. THE INCOME TAX OFFICER, WARD - 1 (2) (3), RAJKOT, RAJKOT

In the result, the appeal of the assessee is dismissed

Bench: Ms. Suchitra Kamble (Judicial Member), Shri Waseem Ahmed (Accountant Member)

b) and 57(iv) as held by the Department. The assessee in this case has mainly relied on the decision of Hon'ble Gujarat High Court in the case of Movaliya Bhikhubhai Balabhai Vs ITO, TDS-1, Surat 388 ITR 343 which, relying upon the Hon'ble Supreme Court judgement in the case of CIT Vs Ghanshyam

JITENDRASINH ZALA,JAMNAGAR vs. THE PR.COMMISSIONER OF INCOME TAX, JAMNAGAR

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

Bench: Dr. Arjun Lal Saini. & Dinesh Mohan Sinha

4. Later on, the Learned Principal Commissioner of Income-tax (in short “Ld PCIT”), exercised his jurisdiction under section 263 of the Income-tax Act, 1961.On perusal of the case records, the ld.PCIT noticed the following discrepancies: (i)Fin Tech Corporation Pvt. Ltd has booked expense of Rs. 22,88,000/-, on provision basis and the assessee has claimed that

VINAY INFRATECH PVT LTD,RAJKOT vs. THE PCIT, RAJKOT-1, RAJKOT, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 101/Rjt/2022 िनधा"रण वष"/Asstt. Years: 2017-2018 M/S Vinay Infratech Pvt. Ltd., The Principal Commissioner Of 110-112, Silver Chamber, Vs. Income Tax, Tagore Road, Rajkot-1, Rajkot. Rajkot.

B C D E F A.Y. 2017-18 12 1 Oriental Bank of 03.12.2016 25,00,000/- As per Bank - commerce A/c Certificate 09231100002149 2 HDFC A/c 03.12.2016 25,00,000/- As per Bank - No.03798710000056 Certificate 3 HDFC A/c 03.12.2016 25,00,000/- As per Bank - No.03798470000046 Certificate 4. Oriental Bank of 05.12.2016 25,00,000/- As per bank - Commerce

SHRI GAJRAJ NATUBHA JETHVA,JAMNAGAR vs. THE ITO WARD-3 (2), JAMNAGAR, JAMNAGAR

In the result, appeal filed by the assessee is allowed in terms indicated above

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 426/Rjt/2023 ("नधा"रणवष" / Assessment Year: (2016-17) (Hybrid Hearing) Gajraj Natubha Jethva Vs. Income Tax Officer, Ito Ward – Sikka Patiya, Moti Khavadi, 3(2), Taranjali Building, Nr. Amber Jamnagar-361140 Cinema, Pt. Nehru Marg, Hospital Road Jamnagar - 361140 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Akypj9388E (Appellant) (Respondent) Appellant By : Smt. Astha Maniyar, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 24/03/2025 Date Of Pronouncement : 17/06/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm:

section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by National Faceless Appeal Centre (NFAC), Delhi/Commissioner of Income-tax (Appeals), dated 20.10.2023, which in turn arises out of an order passed by the Assessing Officer u/s 143(3) of the Act, on 29.12.2018. 2. Grounds of appeal raised by the assessee are as follows