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

195. In this case, the appellant hasestablished the identity, the capacity of the lender and the genuineness of the transaction. Considering the factual matrix and the discharge of the onus by the appellant, it is held that no addition u/s.68 is warranted. The addition is directed to be deleted. It is also worthwhile to mention here that

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

195. In this case, the appellant hasestablished the identity, the capacity of the lender and the genuineness of the transaction. Considering the factual matrix and the discharge of the onus by the appellant, it is held that no addition u/s.68 is warranted. The addition is directed to be deleted. It is also worthwhile to mention here that

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S D.M.L. EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

195 of the Act would not apply. The fundamental principle of deducting tax at source in C/TAXAP/309/2018 ORDER connection with payment only, where the sum is chargeable to tax under the Act, still continues to hold the field. In the present case, the Revenue has not seven seriously contended that the payment to foreign commission agent was not taxable

M/S. D.M.L. EXIM PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

195 of the Act would not apply. The fundamental principle of deducting tax at source in C/TAXAP/309/2018 ORDER connection with payment only, where the sum is chargeable to tax under the Act, still continues to hold the field. In the present case, the Revenue has not seven seriously contended that the payment to foreign commission agent was not taxable

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S DML EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

195 of the Act would not apply. The fundamental principle of deducting tax at source in C/TAXAP/309/2018 ORDER connection with payment only, where the sum is chargeable to tax under the Act, still continues to hold the field. In the present case, the Revenue has not seven seriously contended that the payment to foreign commission agent was not taxable

THE ACIT, CIRCLE-2,, RAJKOT-GUJARAT vs. SHRI NARENDRA J.BHIMANI,, RAJKOT-GUJARAT

In the result the appeal is dismissed

1) of LT.Act become applicable even after dissolution of firm and discontinuance of its business. The fair market value of plots was determined at Rs. 5600/- per Sq. Mtr. for Financial Year 2003-04 and Assessing Officer has considered the same as reasonable in her report. Therefore, the capital gain may be calculated on the "Race course land

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)

capital and Reserve Fund of Rs. 195 crore. So, the proposed disallowance is not justifiable. 7. In view of the grounds mentioned as above your Appellant requests your Honour to appreciate the fact that re-opening of the assessment as above is completely erroneous and disregard with the Act, and order under section 263 is required to be quashed

THE DCIT, CIRCLE-1(2), RAJKOT vs. M/S. D.M.L. WORLD TRADE PVT. LTD., RAJKOT

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

195 of the Act on commission payments and consequently the expenditure on export commission payable to a non-resident for services rendered outside India becomes allowable expenditure-and the same is outside the purview of section 40(a)(ia) of the” 11. We have further considered the judgment passed by the Coordinate Bench in the matter of DCIT vs. Elitecore

THE DCIT, CIRCLE 2(1), RAJKOT-GUJARAT vs. SMT MEENABEN H LAKHANI, RAJKOT-GUJARAT

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

195 of the Act on commission payments and consequently the expenditure on export commission payable to a non-resident for services rendered outside India becomes allowable expenditure-and the same is outside the purview of section 40(a)(ia) of the” 11. We have further considered the judgment passed by the Coordinate Bench in the matter of DCIT vs. Elitecore

THE DCIT, CIRCLE-1 (2), RAJKOT vs. SHRI NARENDRA NANJIBHAI DAVDA, RAJKOT

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

195 of the Act on commission payments and consequently the expenditure on export commission payable to a non-resident for services rendered outside India becomes allowable expenditure-and the same is outside the purview of section 40(a)(ia) of the” 11. We have further considered the judgment passed by the Coordinate Bench in the matter of DCIT vs. Elitecore

THE DCIT, CIRCLE-1(2), RAJKOT vs. M/S. DRB COMMODITIES PVT. LTD., RAJKOT

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

195 of the Act on commission payments and consequently the expenditure on export commission payable to a non-resident for services rendered outside India becomes allowable expenditure-and the same is outside the purview of section 40(a)(ia) of the” 11. We have further considered the judgment passed by the Coordinate Bench in the matter of DCIT vs. Elitecore

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S DML EXIM PVT. LTD.,, RAJKOT-GUJARAT

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

195 of the Act on commission payments and consequently the expenditure on export commission payable to a non-resident for services rendered outside India becomes allowable expenditure-and the same is outside the purview of section 40(a)(ia) of the” 11. We have further considered the judgment passed by the Coordinate Bench in the matter of DCIT vs. Elitecore

THE DCIT, CIRCLE-1(2), RAJKOT vs. M/S. DRB COMMODITIES PVT. LTD., RAJKOT

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

195 of the Act on commission payments and consequently the expenditure on export commission payable to a non-resident for services rendered outside India becomes allowable expenditure-and the same is outside the purview of section 40(a)(ia) of the” 11. We have further considered the judgment passed by the Coordinate Bench in the matter of DCIT vs. Elitecore

SHRI JAY ATULBHAI MODY ,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2 (2) (3),, RAJKOT

In the result appeal of the assessee is hereby partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed, आयकर अपील सं./Ita No. 240/Rjt/2017 िनधा"रण वष"/Asstt. Years: 2007-2008 Shri Jay Atulbhai Mody, I.T.O., “Pankaj”, Jalaram-3, Vs. Ward-2(2)(3), Street No.2, Rajkot. Near Indira Circle, University Road, Rajkot.

1) of the Act were issued and final show cause notice was issued on 16-02-2015 but not complied with by the assessee. Thus, the AO finalized the assessment ex-party under section 144 r.w.s. 147 of the Act by making addition of Rs. 7,31,600/- being Jantari value of immovable property transferred by the assessee

KRUPA VILAS GAU SEVA TRUST,KUTCH vs. CIT(EXEMPTION), AHMEDABAD

Appeals of the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 162/Rjt/2023 (Assessment Year: Na) (Hybrid Hearing)

capital gains which have not accrued or arisen to him. It would indeed be most harsh and inequitable to tax the assessee on income which has neither arisen to him nor is received by him, merely because he has carried out the contractual obligation undertaken by him. It is difficult to conceive of any rational reason why the Legislature should

KRUPA VILAS GAU SEVA TRUST,KUTCH vs. CIT(EXEMPTION), AHMEDABAD

Appeals of the assessee are allowed for\nstatistical purposes

1) of the Act, extends the\ndue date for electronic filing of such Form as under:\n(i)\nThe application for registration or approval under Section 10(23C), 12A or 80G of\nthe Act in form No.10AB, for which the last date for filing falls on or before 29th\nSeptember, 2022, may be filed on or before 30th September

SHRI SHARDAGRAM ALUMNI EDUCATION AND CHARITABLE TRUST,RAJKOT vs. CIT(EXEMPTION), AHMEDABAD, AHMEDABAD

In the result, appeal filed by the assessee is allowed for statistical\npurposes, in above terms

1) of the Act, extends the due date for electronic filing of such Form as under:\nThe application for registration or approval under Section 10(23C), 12A or 80G of\nthe Act in form No.10AB, for which the last date for filing falls on or before 29th\nSeptember, 2022, may be filed on or before 30th September, 2022.”\n16. Thus

BHAVANI INDUSTRIES INDIA LLP,RAJKOT vs. ACIT, CIRCLE-2, RAJKOT, RAJKOT

In the result, summarised and concise ground No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No. 247 To 250 & 260/Rjt/2024 "नधा"रण वष"/ Assessment Years: 2012-13, 2013-14, 2017-18 2018-19 & 2010-11 Bhawani Industries India Llp Assistant Commissioner Of बनाम/ Income-Tax, Cicle-2(1), Rajkot, C/1-B, 236/3 Gidc, Aji Industrial Room No.311, 3Rd Floor, Aaykar Estate, Rajkot-36 003 Vs. Bhawan, Race Course Ring Road, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfb 8046 R (अपीलाथ"/Assessee) (""यथ"/Respondent) आयकर अपील सं/.Ita No.254 To 256/Rjt/2024 "नधा"रण वष"/ Assessment Years: 2010-11, 2012-13 & 2013-14 Bhawani Industries India Llp Assistant Commissioner Of Income- C/1-B, 236/3 Gidc, Aji बनाम/ Tax, Cicle-2(1), Rajkot, Room No.311, Industrial Estate, Rajkot-36 3Rd Floor, Aaykar Bhawan, Race Vs. 003 Course Ring Road, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfb 8046 R (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 & Shri Abhimanyu Singh Yadav, Sr-Dr

capital in the industrial undertaking set up, Bhavani Industries India LLP ITA Nos.247 to 250 /RJT/2024 & Ors. (AYs : 2012-13, 2013-14 & Ors.) (2). employment of requisite labour therein, (3). manufacture or production of articles in the said undertaking, (4). earning of profits clearly attributable to the said new undertaking, and (5) above all, a separate and distinct identity