THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHINAGAR vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

36(1)(iii) of Rs.3,16,82,477/- though the assessee had made interest free advances out of interest bearing funds. This is ground No.3 of revenue`s appeal in ITA No. 233/RJT/2016 for assessment year 2009–10. Similar and identical grounds in other appeals of the revenue are as follows: (a)Ground No.3 in revenue`s, appeal

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHINAGAR vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

36(1)(iii) of Rs.3,16,82,477/- though the assessee had made interest free advances out of interest bearing funds. This is ground No.3 of revenue`s appeal in ITA No. 233/RJT/2016 for assessment year 2009–10. Similar and identical grounds in other appeals of the revenue are as follows: (a)Ground No.3 in revenue`s, appeal

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHINAGAR vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

36(1)(iii) of Rs.3,16,82,477/- though the assessee had made interest free advances out of interest bearing funds. This is ground No.3 of revenue`s appeal in ITA No. 233/RJT/2016 for assessment year 2009–10. Similar and identical grounds in other appeals of the revenue are as follows: (a)Ground No.3 in revenue`s, appeal

M/S. GREEN EARTH BIOGAS PVT. LTD.,SURENDRANAGAR vs. THE PR. CIT-3, AHMEDABAD, AHMEDABAD

In the result, appeal filed by the assessee is dismissed

36,06,293/-, after\nclaiming depreciation amounting to Rs.4,28,20,442/-, which was on account of\nunabsorbed depreciation. It was noticed by the learned PCIT that the\ncommercial production has commenced after 01/10/2016. In the chart for\ndepreciation, as per Income tax Act, it was found that depreciation had been\nclaimed in respect of newly added assets shown

SUN EXPORTS,VERAVAL vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

bogus\nexpenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed\nincome u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act.\nHowever, the assessing officer failed to do the same. Therefore, learned\nPCIT noticed that order passed by the assessing officer is without proper\ninquiry and investigation, which is erroneous

DHRUV PRINT PACK INDUSTRIES,MORBI vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

bogus expenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed income u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act. However, the assessing officer failed to do the same. Therefore, learned PCIT noticed that order passed by the assessing officer is without proper inquiry and investigation, which is erroneous

HETALKUMAR PRAVINCHANDRA RAJYAGURU,RAJKOT vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

bogus\nexpenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed\nincome u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act.\nHowever, the assessing officer failed to do the same. Therefore, learned\nPCIT noticed that order passed by the assessing officer is without proper\ninquiry and investigation, which is erroneous

M/S. DHRUV CRAFT MILL PVT. LTD.,MORBI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAJKOT

bogus\nexpenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed\nincome u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act.\nHowever, the assessing officer failed to do the same. Therefore, learned\nPCIT noticed that order passed by the assessing officer is without proper\ninquiry and investigation, which is erroneous

KISHOR VELJIBHAI FOFANDI,VERAVAL vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

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

bogus expenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed income u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act. However, the assessing officer failed to do the same. Therefore, learned PCIT noticed that order passed by the assessing officer is without proper inquiry and investigation, which is erroneous

SOHAM PAPERS PRIVATE LIMITED,MORBI vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

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

bogus expenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed income u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act. However, the assessing officer failed to do the same. Therefore, learned PCIT noticed that order passed by the assessing officer is without proper inquiry and investigation, which is erroneous

SHAMJI NATHU VAISHYA,VERAVAL vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

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

bogus expenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed income u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act. However, the assessing officer failed to do the same. Therefore, learned PCIT noticed that order passed by the assessing officer is without proper inquiry and investigation, which is erroneous

BHARATKUMAR KALYANJIBHAI BHINDI,JUNAGADH vs. PCIT, RAJKOT-1, RAJKOT , RAJKOT

bogus\nexpenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed\nincome u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act.\nHowever, the assessing officer failed to do the same. Therefore, learned\nPCIT noticed that order passed by the assessing officer is without proper\ninquiry and investigation, which is erroneous

DEEPMALA MARINE EXPORTS,VERAVAL vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

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

bogus expenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed income u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act. However, the assessing officer failed to do the same. Therefore, learned PCIT noticed that order passed by the assessing officer is without proper inquiry and investigation, which is erroneous

CHUNILAL GOVIND VANIK,VERAVAL vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

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

bogus expenses to the tune of Rs.90,00,000/-, ought to have taxed, as deemed income u/s 69C of the Act, and taxed u/s 115BBE of the Income Tax Act. However, the assessing officer failed to do the same. Therefore, learned PCIT noticed that order passed by the assessing officer is without proper inquiry and investigation, which is erroneous

THE ACIT, CEN. CIR.-2, RAJKOT, RAJKOT vs. EXPERT PARTICLE BOARD, MORBI

In the result, cross objection filed by the assessee, ( in CO No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.139/Rjt/2021 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Expert Particle Board बनाम Cent.Cir.2, Rajkot. Survey No.111, 8-A National Vs. Highway B/H. Bharatinagar Iti, Ravapar Nadi Morbi 363 642. Pan : Aahfe 0299 G आयकर अपील सं /.Ita No.142/Rjt/2021 With Cross Objection No.05/Rjt/2022 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Bhagvaji Prabhubhai बनाम Cent.Cir.2, Rajkot. Amrutiya, Meera Park-2 Vs. House No.1, Vavdi Road Morbi. Pan : Aiwpa 0121 A (अपीलाथ"/Assessee) : (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 05/06/2025 घोषणा क" तार"ख /Date Of Pronouncement : 29/08/2025 Order Per, Dr. Arjun Lal Saini: The Captioned Two Appeals Filed By The Revenue Pertaining To Assessment Year 2019-20 & The Cross Objection Filed By The Assessee, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income-Tax

viii) Manoj Aggarwal Vs. DCIT, (2008) 113 ITD 0377 (Del) 19. On the other hand, the ld.Counsel for the assessee submitted that the retired partners nowhere associated with the assessee-firm and since there was a ACIT Vs. Expert Particle Board and Others ITA No.139 /RJT/2021 and 142/RJT/2021 (AY : 2019-20) with CO No.05/RJT/2022 15 search in the premises

THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT vs. SHRI BHAGVANJI PRABHUBHAI AMRUTIYA, MORBI

In the result, cross objection filed by the assessee, ( in CO No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.139/Rjt/2021 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Expert Particle Board बनाम Cent.Cir.2, Rajkot. Survey No.111, 8-A National Vs. Highway B/H. Bharatinagar Iti, Ravapar Nadi Morbi 363 642. Pan : Aahfe 0299 G आयकर अपील सं /.Ita No.142/Rjt/2021 With Cross Objection No.05/Rjt/2022 िनधा"रणवष"/ Assessment Year: 2019-2020 Asstt.Commissioner Of Income-Tax Bhagvaji Prabhubhai बनाम Cent.Cir.2, Rajkot. Amrutiya, Meera Park-2 Vs. House No.1, Vavdi Road Morbi. Pan : Aiwpa 0121 A (अपीलाथ"/Assessee) : (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 05/06/2025 घोषणा क" तार"ख /Date Of Pronouncement : 29/08/2025 Order Per, Dr. Arjun Lal Saini: The Captioned Two Appeals Filed By The Revenue Pertaining To Assessment Year 2019-20 & The Cross Objection Filed By The Assessee, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income-Tax

viii) Manoj Aggarwal Vs. DCIT, (2008) 113 ITD 0377 (Del) 19. On the other hand, the ld.Counsel for the assessee submitted that the retired partners nowhere associated with the assessee-firm and since there was a ACIT Vs. Expert Particle Board and Others ITA No.139 /RJT/2021 and 142/RJT/2021 (AY : 2019-20) with CO No.05/RJT/2022 15 search in the premises

KRUPALU METALS P. LTD.,JAMNAGAR vs. THE NFAC DELHI, DELHI

viii) On the basis of facts and circumstances, AO has correctly adopted\nthe figures of G.P of Rs.2,40,30,182/- which is as per show cause notice.\nHowever, assessee was free to substantiate its claim with documentary\nevidences, which assessee failed even in response to draft assessment\norder.\n(ix) Applicability of section 69 is correctly applied by AO.The

MAYURBHAI JAYSUKHLAL SHAH,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos. 319/Rjt/2024 (Assessment Year: 2013-14) (Hybrid Hearing) Mayurbhai Jaysukhlal Shah Vs. Principal Commissioner Of 601, Cross Way, P.N. Marg, Income Tax, Jamnagar Jamnagar, Gujarat-361001 Office Of The Principal Commissioner Of Income Tax.Pcit, Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afgps1754J (अपीलाथ"/Assessee) (""यथ"/Respondent)

viii. Mikado Realtors (P) Ltd. v. Pr. CIT [2021 TaxPub(DT) 2899 (Del-Trib)] 10. On technical issue, the Ld. DR for the revenue argued that during the proceedings under section 263 of the Act, the assessee cannot raise the technical issue about reopening of assessment. 11. We have heard both the parties and carefully gone through the submission