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

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

25,67,395/-on account of Job work expenses in the Profit & Loss account. However, you have not deducted TDS on said expenses in compliance to section

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

25,67,395/-on account of Job work expenses in the Profit & Loss account. However, you have not deducted TDS on said expenses in compliance to section

THE DY. COMMR. OF INCOME TAX, CIR. TDS,, RAJKOT-GUJARAT vs. M/S CLASSIC NETWORK PVT. LTD.,, RAJKOT-GUJARAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.628/Rjt/2014 "नधा"रण वष"/Asstt. Years: 2012-13 & आयकर अपील सं./Ita No.375/Rjt/2015 "नधा"रण वष"/Asstt. Years: 2013-14 M/S. Classic Network Pvt. Ltd., D.C.I.T., 202, Arpan Complex, Opp. Vs. Tds Circle, Swaminarayan Mandir, Rajkot. Kalavad Road, Rajkot. Pan: Aabcc8197Q

TDS is adopted at 20%, in terms of Section 206AA. The total default is worked out at Rs. 9,25

THE DY. COMMR. INCOME TAX, TDS CIRCLE,, RAJKOT-GUJARAT vs. M/S CLASSIC NETWORK PVT. LTD.,, RAJKOT-GUJARAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.628/Rjt/2014 "नधा"रण वष"/Asstt. Years: 2012-13 & आयकर अपील सं./Ita No.375/Rjt/2015 "नधा"रण वष"/Asstt. Years: 2013-14 M/S. Classic Network Pvt. Ltd., D.C.I.T., 202, Arpan Complex, Opp. Vs. Tds Circle, Swaminarayan Mandir, Rajkot. Kalavad Road, Rajkot. Pan: Aabcc8197Q

TDS is adopted at 20%, in terms of Section 206AA. The total default is worked out at Rs. 9,25

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

section 194C of Income-tax Act.\nThere were no documentary evidences available on records from which it can be ascertained\nwhether you have deducted any TDS on the said payments. As you have failed to deduct /\ndeposit TDS on expenditure of Rs 13,00,93,467/- and Rs 4,25

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

section 9(1)(i) Whether since non-resident agents had rendered their services outside India and all agents had overseas offices and they were not having any permanent establishment in India, commission paid to them was not liable to tax in India Held, yes [Paras 3 and 4] [In favour of assessee)." 25. In view of the above factual position

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

section 9(1)(i) Whether since non-resident agents had rendered their services outside India and all agents had overseas offices and they were not having any permanent establishment in India, commission paid to them was not liable to tax in India Held, yes [Paras 3 and 4] [In favour of assessee)." 25. In view of the above factual position

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

section 9(1)(i) Whether since non-resident agents had rendered their services outside India and all agents had overseas offices and they were not having any permanent establishment in India, commission paid to them was not liable to tax in India Held, yes [Paras 3 and 4] [In favour of assessee)." 25. In view of the above factual position

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

section 9(1)(i) Whether since non-resident agents had rendered their services outside India and all agents had overseas offices and they were not having any permanent establishment in India, commission paid to them was not liable to tax in India Held, yes [Paras 3 and 4] [In favour of assessee)." 25. In view of the above factual position

ADHYAKSHYA LOK MELA AMLIKARAN SAMMITTEE,RAJKOT vs. INCOME TAX OFFICER, WARD-1(2),, RAJKOT

Appeal of the assessee is partly allowed for the statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy, आयकर अपील सं./Ita Nos. 424 & 425/Rjt/2018 वष"/Asstt. Years: 2009-2010 & 2010-2011 िनधा"रण वष" िनधा"रण िनधा"रण िनधा"रण वष" वष" Adhyakshya Lok Mela Amlikaran Ito Sammittee Vs. Ward-1(2), A.D. Vyas & Co., Kotecha Nagar Rajkot Main Road, Opp. Kotecha Girls High School, Rajkot-360001 Pan: Aabaa0922F Assessee By : Shri D. M. Rindani, A.R Revenue By : Shri Shramdeep Sinha, D.R सुनवाई क" तारीख/Date Of Hearing : 24/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 17/05/2023 आदेश/O R D E R आदेश आदेश आदेश Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Common Orders Passed Under Section 263 Of The Act By The Learned Commissioner Of Income Tax Rajkot Dated 24/03/2014 Arising In The Matter Of Assessment Order Passed Under S. 143(3) Of The Income Tax Act, 1961 (Here-In- After Referred To As "The Act") Relevant To The Assessment Years 2009-10 & 2010- 11. First, We Take Up Ita 424/Rjt/2018, An Appeal By The Assessee For The Ay 2009-10 2. The Assessee Has Raised The Following Grounds Of Appeal: “Ground No 1 Order Of The Learned Cit 1 Rajkot Reopening The Assessment U/S 263 Is Totally Bad On Facts As Well On Law. Learned Cit Ought To Have Considered The Fact That The Assessee Is Already Assessed U/S 143(3) By Ito 1(2) Rajkot.

TDS amount. Initially, the order passed under section 263 of the Act was not challenged by the assessee before the higher forum i.e. ITAT. ITA Nos.424&425/Rjt/2018 A.Ys. 2009-10 &2010-11 6 13. The AO in pursuance to the direction of the learned CIT under section 263 of the Act enhanced the income of the assessee by the amount

ADHYAKSHYA LOK MELA AMLIKARAN SAMMITTEE,RAJKOT vs. INCOME TAX OFFICER, WARD-1(2),, RAJKOT

Appeal of the assessee is partly allowed for the statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy, आयकर अपील सं./Ita Nos. 424 & 425/Rjt/2018 वष"/Asstt. Years: 2009-2010 & 2010-2011 िनधा"रण वष" िनधा"रण िनधा"रण िनधा"रण वष" वष" Adhyakshya Lok Mela Amlikaran Ito Sammittee Vs. Ward-1(2), A.D. Vyas & Co., Kotecha Nagar Rajkot Main Road, Opp. Kotecha Girls High School, Rajkot-360001 Pan: Aabaa0922F Assessee By : Shri D. M. Rindani, A.R Revenue By : Shri Shramdeep Sinha, D.R सुनवाई क" तारीख/Date Of Hearing : 24/04/2023 घोषणा क" तारीख /Date Of Pronouncement: 17/05/2023 आदेश/O R D E R आदेश आदेश आदेश Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Common Orders Passed Under Section 263 Of The Act By The Learned Commissioner Of Income Tax Rajkot Dated 24/03/2014 Arising In The Matter Of Assessment Order Passed Under S. 143(3) Of The Income Tax Act, 1961 (Here-In- After Referred To As "The Act") Relevant To The Assessment Years 2009-10 & 2010- 11. First, We Take Up Ita 424/Rjt/2018, An Appeal By The Assessee For The Ay 2009-10 2. The Assessee Has Raised The Following Grounds Of Appeal: “Ground No 1 Order Of The Learned Cit 1 Rajkot Reopening The Assessment U/S 263 Is Totally Bad On Facts As Well On Law. Learned Cit Ought To Have Considered The Fact That The Assessee Is Already Assessed U/S 143(3) By Ito 1(2) Rajkot.

TDS amount. Initially, the order passed under section 263 of the Act was not challenged by the assessee before the higher forum i.e. ITAT. ITA Nos.424&425/Rjt/2018 A.Ys. 2009-10 &2010-11 6 13. The AO in pursuance to the direction of the learned CIT under section 263 of the Act enhanced the income of the assessee by the amount

ASHOK GOPALDAS VITHLANI,JAMKHAMBHALIYA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, appeals filed by the assessees(ITA No

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 595/Rjt/2024 "नधा"रणवष" / Assessment Year: (2018-19) (Hybrid Hearing) Shiv Green Energy Pvt. Ltd. Vs. The Principal Commissioner Of Income Tax, 107, Divyam Park, Jamnagar 361001 Opp. H.O. Bhatt Bunglow, Nr. Sanjeevani Medical Store, Jamnagar - 361006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aascs8645J (Appellant) (Respondent)

section 142(1) of the Act, asking the assessee to submit details of TDS. In response, the assessee submitted required details of the TDS which is placed at paper book Page no.80. Therefore, we find that in respect of TDS, on contract and sub -contract expenses of Rs.13,00,93,467/-, the assessee has submitted that TDS has already been

SHIV GREEN ENERGY PRIVATE LIMITED,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, appeals filed by the assessees(ITA No

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 595/Rjt/2024 "नधा"रणवष" / Assessment Year: (2018-19) (Hybrid Hearing) Shiv Green Energy Pvt. Ltd. Vs. The Principal Commissioner Of Income Tax, 107, Divyam Park, Jamnagar 361001 Opp. H.O. Bhatt Bunglow, Nr. Sanjeevani Medical Store, Jamnagar - 361006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aascs8645J (Appellant) (Respondent)

section 142(1) of the Act, asking the assessee to submit details of TDS. In response, the assessee submitted required details of the TDS which is placed at paper book Page no.80. Therefore, we find that in respect of TDS, on contract and sub -contract expenses of Rs.13,00,93,467/-, the assessee has submitted that TDS has already been

AHLSTROM FIBER COMPOSITES (I) P. LTD.,,MUNDRA (KUTCH) vs. THE ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM

In the result, the appeals of the assessee are allowed for statistical purposes

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalit(Tp)A No.85& 287/Rjt/2017 Assessment Year :2012-13 & 2013-14

TDS in terms of section 195 of the Act also and since no tax had been deducted at source, he held the expenses liable to be disallowed in terms of section 40(a)(i) of the Act. The assessee objected to the disallowance before the DRP who upheld the disallowance proposed by the AO, applying section

AHLSTROM FIBER COMPOSITES (I) P. LTD.,,MUNDRA (KUTCH) vs. THE ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM

In the result, the appeals of the assessee are allowed for statistical purposes

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalit(Tp)A No.85& 287/Rjt/2017 Assessment Year :2012-13 & 2013-14

TDS in terms of section 195 of the Act also and since no tax had been deducted at source, he held the expenses liable to be disallowed in terms of section 40(a)(i) of the Act. The assessee objected to the disallowance before the DRP who upheld the disallowance proposed by the AO, applying section

AHLSTROM FIBERCOMPOSITES INDIA PVT. LTD.,,MUNDRA (KUTCH) vs. THE DY. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM

In the result, the appeals of the assessee are allowed for statistical purposes

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalit(Tp)A No.85& 287/Rjt/2017 Assessment Year :2012-13 & 2013-14

TDS in terms of section 195 of the Act also and since no tax had been deducted at source, he held the expenses liable to be disallowed in terms of section 40(a)(i) of the Act. The assessee objected to the disallowance before the DRP who upheld the disallowance proposed by the AO, applying section

THE ITO, WARD-1,, GANDHIDHAM vs. SHRI JUNEJA CHANDRAKALA MOHINDER,, GANDHIDHAM

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.995/Rjt/2010 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Ito, Smt Juneja Chandrakala Ward-1, Mohinder, Vs. Gandhidham, 31, Tanker Owner Association Building, N.H. Way, Gandhidham-Kutch. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. आयकर अपील सं./I.T.A. No.930/Rjt/2010 & आयकर अपील सं./I.T.A. No.453/Rjt/2013 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Smt. Chandrakala M. Juneja, Ito, 31, Taker, Owners Asso. Ward-1, Vs. Bldg. Gandhidham. Gandhidham. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

25,000/- under section 44AE of the Act. The assessee during the year has deposited certain sum of money in her bank account. The details of the same stand as under: Sr.No. Name of the Bank A/C. No. Amount Deposited 1. H.D.F.C 5531 5,83,009/- 2. G.M.C.B. C.A. 4408 1,50,97,216/- 3. Bank of Baroda

SMT. JUNEJA CHANDRAKALA MOHINDERKUMAR,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.995/Rjt/2010 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Ito, Smt Juneja Chandrakala Ward-1, Mohinder, Vs. Gandhidham, 31, Tanker Owner Association Building, N.H. Way, Gandhidham-Kutch. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. आयकर अपील सं./I.T.A. No.930/Rjt/2010 & आयकर अपील सं./I.T.A. No.453/Rjt/2013 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Smt. Chandrakala M. Juneja, Ito, 31, Taker, Owners Asso. Ward-1, Vs. Bldg. Gandhidham. Gandhidham. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

25,000/- under section 44AE of the Act. The assessee during the year has deposited certain sum of money in her bank account. The details of the same stand as under: Sr.No. Name of the Bank A/C. No. Amount Deposited 1. H.D.F.C 5531 5,83,009/- 2. G.M.C.B. C.A. 4408 1,50,97,216/- 3. Bank of Baroda

SMT. CHANDRAKALA M. JUNEJA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.995/Rjt/2010 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Ito, Smt Juneja Chandrakala Ward-1, Mohinder, Vs. Gandhidham, 31, Tanker Owner Association Building, N.H. Way, Gandhidham-Kutch. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) .. आयकर अपील सं./I.T.A. No.930/Rjt/2010 & आयकर अपील सं./I.T.A. No.453/Rjt/2013 ("नधा"रण वष" / Assessment Year :2005-06) बनाम/ Smt. Chandrakala M. Juneja, Ito, 31, Taker, Owners Asso. Ward-1, Vs. Bldg. Gandhidham. Gandhidham. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Acppj1084J (अपीलाथ" /Appellant) (""यथ" / Respondent) ..

25,000/- under section 44AE of the Act. The assessee during the year has deposited certain sum of money in her bank account. The details of the same stand as under: Sr.No. Name of the Bank A/C. No. Amount Deposited 1. H.D.F.C 5531 5,83,009/- 2. G.M.C.B. C.A. 4408 1,50,97,216/- 3. Bank of Baroda