THE DY. COMMR. OF INCOME TAX, CIRCLE-1(1),, RAJKOT-GUJARAT vs. M/S. RADHE RENEWABLE ENERGY DEVELOPEMENT PVT. LTD.,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

deposits in other accounts from which money has flown to the depositor and then to the appellant. The A.O. has not done anything to this effect and has stopped only at the first level. The A.O's inference is solely based on the non-production of the promoters, the statement of Shri Makadia conveying ignorance about the person incharge

M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSTT. COMMR. INCOME TAX, CIRCLE-5,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

deposits in other accounts from which money has flown to the depositor and then to the appellant. The A.O. has not done anything to this effect and has stopped only at the first level. The A.O's inference is solely based on the non-production of the promoters, the statement of Shri Makadia conveying ignorance about the person incharge

RADHE RENEWABLE ENERGY DEVELOPMENT 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 Nautiyal

deposits in other accounts from which money has flown to the depositor and then to the appellant. The A.O. has not done anything to this effect and has stopped only at the first level. The A.O's inference is solely based on the non-production of the promoters, the statement of Shri Makadia conveying ignorance about the person incharge

THE DEPUTY COMMR. INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

deposits in other accounts from which money has flown to the depositor and then to the appellant. The A.O. has not done anything to this effect and has stopped only at the first level. The A.O's inference is solely based on the non-production of the promoters, the statement of Shri Makadia conveying ignorance about the person incharge

BHIKHALAL PRAHALADRAI AGARWAL HUF,GANDHIDHAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, GANDHIDHAM CIRCLE, GANDHIDHAM

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

capital gain and intra-day gain from the sale of shares of Vax Housing Finance Corporation Ltd, which was taxable and the assessee also paid the due taxes thereon. However, the A.O., without making any inquiries and without even refuting the documentary evidence placed on records by the assessee, doubted the genuineness of share transactions simply on the basis

BHIKHALAL PRAHLADRAI AGARWAL HUF,GANDHIDHAM vs. ASSISTANT COMMISSIONER OF INCOME TAX GANDHIDHAM CIRCLE, GANDHIDHAM

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

capital gain and intra-day gain from the sale of shares of Vax Housing Finance Corporation Ltd, which was taxable and the assessee also paid the due taxes thereon. However, the A.O., without making any inquiries and without even refuting the documentary evidence placed on records by the assessee, doubted the genuineness of share transactions simply on the basis

MAVANI NILESH HARISHBHAI HUF,PORBANDAR vs. ITO, WD-2(3), PORBANDAR, PORBANDAR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Dr. Arjun Lal Saini

deposited cash in the demonetization period to the extent of Rs. 25,50,000/-, which is not getting reflected in the return of income filed by the assessee for assessment year 2017–18. The Ld. DR also pointed out that the assessee filed the income tax return (ITR), on August 31st, 2017, for assessment year

M/S CHANDRAKANT H. KAKKAD,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-4(2),, RAJKOT-GUJARAT

In the result, this ground of the assessee’s appeal is allowed

capital gain on the sale of property used for residence should be deposited before the date of furnishing the return of tax under Section 139 of the Act. Therefore, Section 139 cannot be confined only to the provisions of the Section 139(1), but it includes all the sub section of Section 139 of the Act. ….. ….we find that

NATHABHAI PARSANA (LR. GANESHBHAI PARSANA),RAJKOT vs. ACIT CIR -2(1), RAJKOT

Appeal is partly allowed in above terms

Bench: DR. ARJUN LAL SAINI (Accountant Member), SHRI DINESH MOHAN SINHA (Judicial Member)

capital gains, and the same was not considered by the assessing officer. Out of opening cash balance, and out of the proceeds of LTCG, the assessee had deposited

SHRI VIJAY JAMNADAS VINCHHI,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-2(5), JAMNAGAR

In the result, the appeal filed by the Assessee is hereby allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Capital Gains at Rs. 8,22,816/-. The Assessing Officer also made an addition of Rs. 1,69,010/- being a cash deposits

SAURASHTRA GRAMIN BANK MANAGER (F & A), RAJKOT,RAJKOT vs. THE PR. COMMISSIONER OF INCOME TAX-I,, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 37/Rjt/2022 (Assessment Year: 2017-18) (Hybrid Hearing) Saurashtra Gramin Bank Vs. The Pr. Cit-1, Manager (F & A), Rajkot 1St Floor Wing 2, Lic Jeevan Prakash Building, Tagore Road, Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahas2116H (अपीलाथ"/Appellant) (""यथ"/Respondent)

cash deposit before the assessing officer. Hence, assessing officer has not examined this fact, whether the bank was submitting its report to the RBI on day-to-day basis during the demonetization period. 25. Learned DR for the revenue argued about the third issue stating that the Assessee- Bank had made investment in unquoted Bond, which can earn exempt income

SHRI RAVI PARSOTAMBHAI ASANANI,VILLAGE JETPUR, DIST. RAJKOT vs. THE ITO WARD 1 (2) (1), RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं./Ita No. 434/Rjt/2025 ("नधा"रणवष" "नधा"रणवष"/Assessment Year: (2013-14) Ravi Parsotambhai Asnani Income Tax Officer, Nfac, Delhi Income Tax Officer, Nfac, Delhi Prop., Jay Ambe Textile, M.G.Road, Prop., Jay Ambe Textile, M.G.Road, Vs. Aayakar Bhavan, Race Course Ring Aayakar Bhavan, Race Course Ring Jetpur – 360370 Road, Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Pan/Gir No.: Amnpa7007Q (अपीलाथ"/Appellant) (""यथ"/Respondent)

cash deposited in the bank account of the applicant. The applicant submits that the books of its proprietary conce of its proprietary concern M/s.Jay Ambe Textile are audited u/s.44AB and the audit rn M/s.Jay Ambe Textile are audited u/s.44AB and the audit report has been filed within the prescribed time. report has been filed within the prescribed time

SHRI JIGAR JAGDISH DOSHI,BHUJ-KUTCH vs. THE INCOME TAX OFFICER WARD-1, BHUJ-KUTCH, BHUJ-KUTCH

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

capital gains. The return of income was filed on 13-03- 2014 declaring total income of " 2,05,850/-for the year under consideration. During the course of assessment proceedings, the AO observed that the assessee had made cash deposits

SHRI JIGNESH CHANDULAL HIRPARA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-3(2), RAJKOT-GUJARAT

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Smt Madhumita Royआयकर अपील सं./I.T.A. No.45/Rjt/2015 ("नधा"रण वष" / Assessment Year : 2008-09) Jignesh Chandulal Hirpara, Ito, बनाम/ 903-Trimurti Tower, Mahadev Ward – 3(2), Vs. Wadi, Opp. Haveli, Rajkot. Laxminagar, Main Road, Rajkot "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Abvph 5468 B .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri M. J. Ranpura, A.R. ""यथ" क" ओर से/Respondent By : Smt. Usha N Shrote, Sr.D.R.

gained anything. It was on this count that the AO in the original assessment order had made an addition of Rs 20,000 being commission on sale of milk. 5.4 The AR of the appellant submits that, the very fact cheques were periodically issued to Mother Dairy, proves the fact that either the appellant or his friend had carried

RAMESHBHAI DEVRAJBHAI KHICHADIA,RAJKOT vs. PR. CIT, RAJKOT-1, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 51/Rjt/2022 िनधा"रण वष"/Asstt. Years: 2012-2013

cash is deposited and subsequently transferred to various beneficiaries by layering through various bank accounts was established. Further, it was found that the assesses is one of the beneficiary of accommodation entry to the tune of Rs. 34,85,042/-." 3.1 Finally the assessment was framed under section 143(3) section 147 of the Act at the income declared

KUMAR RAMESH SAHU,RAJKOT, GUJARAT vs. ACIT, CIRCLE-2(2), RAJKOT, RAJKOT, GUJARAT

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./I.T.A. No.336/Rjt/2023 (िनधा"रण वष" / Assessment Year : 2009-10) Kumar Ramesh Sahu बनाम/ The Acit, Sundaram, 72/3, New Cirtcle-2(3) Vs. College Wadi Rajkot – 60 001 150Ft5. Ring Road Opp. Meera Apartment Rajkot – 360 005 (Gujarat) "ायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aesps 5531 C (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By : Shri M.N. Manvar, Ld. Ar Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख / Date Of Hearing 13/01/2025 घोषणा की तारीख /Date Of Pronouncement 04/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha:

capital gain and other sources of income. The return was filed on 18.11.2009 declaring net income of Rs. 5, 40,010/-. The case was passed under Section 143(1) of the Act upon noticed that there is an unsecured loan of Rs. 65,73,083/- to KRN Alloys Pvt. Ltd. and a cash was deposited

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. SMT. KRUSHNABA P. JADEJA,, RAJKOT-GUJARAT

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

depositing the cash in the bank account regularly and also withdrawing the cash from the bank regularly. We note that Ld. CIT(A) has upheld addition of Rs.18,00,000/- for three depositors, as the assessee did not submit the sufficient evidences. We also find that assessee's appeal is not pressed by ld. Counsel for the assessee, therefore

SMT. KRUSHNABA PRAVINSINH JADEJA,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.572/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Krushnaba Pravinsinh Jadeja Vs. Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Course Ring Road, Rajkot-360 001 C.O. R.K. Shukla & Co., 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360 001 (Assessee) (Respondent) आयकर अपील सं./Ita No.577/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Vs. Krushnaba Pravinsinh Jadeja, C.O. R.K. Shukla & Co., Course Ring Road, Rajkot-360 001 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360001 (Assessee) (Respondent) Assessee By Respondent By Date Of Hearing Date Of Pronouncement : Shri D.M. Rindani, Ld. Ar : Shri Sanjay Punglia, Ld. Cit-Dr : 03/06/2025 : 30/07/2025 Per, Dr. A. L. Saini, Am: आदेश / Order Captioned Cross Appeals Filed By The Assessee & Revenue, Pertaining To Assessment Year (A.Y.) 2012-13, Are Directed Against The Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1 Rajkot, Which In Turn Arise, Out Of A Common Assessment Order, Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961, Vide Order Dated 17.02.2015.

depositing the cash in the bank account regularly and also withdrawing the cash from the bank regularly. We note that Ld. CIT(A) has upheld addition of Rs.18,00,000/- for three depositors, as the assessee did not submit the sufficient evidences. We also find that assessee's appeal is not pressed by ld. Counsel for the assessee, therefore