SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ACIT, CENTRAL CIRL-1,, RAJKOT

In the result, appeals filed by the Revenue, in ITA No

Bench: Dr. Arjun Lal Saini & Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 134 & 135/Rjt/2023 (िनधा"रणवष" / Assessment Years: (2007-08 & 2008-09) Income Tax Officer, Ward- Shri Kherajmal Lekhrajbjai 5Th 1(2)(1), Aaykar Bhavan, Thavrani, 4- Parsana Nagar, Shri Vs. Floor, Room No. 517, Race Vaheguru Grupa, Near Refugee Course Ring Road, Rajkot-360 Colony, Rajkot-360 001 001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Adrpt 5807 E (Appellant) (Respondent)

276 ITR 38 (Allahbad)/[2006] 202 CTR 515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual foundation has to be laid by assessee, who has to own all cash credit entries in books of accounts and only thereafter question of peak credit can be raised. Where amount of cash credits was standing

ASHOK SHANKARNARAYAN HEBBAR,JAMNAGAR. vs. INCOME TAX OFFICER, WARD-1(3),, JAMNAGAR

Appeal of the assessee are allowed

capital loss. In view of this, the AO has correctly observed that the appellant was not maintaining books of account in respect of share transactions and has correctly levied the penalty of Rs. 25,000/- for failure to keep on maintain books of accounts and documents etc as required u/s. 44AA of the Act. In view of these facts

ASHOK SHANKARNARAYAN HEBBAR,JAMNAGAR. vs. INCOME TAX OFFICER, WARD-1(3),, JAMNAGAR

Appeal of the assessee are allowed

capital loss. In view of this, the AO has correctly observed that the appellant was not maintaining books of account in respect of share transactions and has correctly levied the penalty of Rs. 25,000/- for failure to keep on maintain books of accounts and documents etc as required u/s. 44AA of the Act. In view of these facts

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

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

capital gain tax and not applicable to the fact of the case of the assessee. The ld. departmental representative has also referred page no. 48 to 76 of ld. CIT(A)’s order and contended that the ld. CIT(A) has rightly held that provision of article 24 override the provisions of article 8 of the DTAA between India

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

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

capital gain tax and not applicable to the fact of the case of the assessee. The ld. departmental representative has also referred page no. 48 to 76 of ld. CIT(A)’s order and contended that the ld. CIT(A) has rightly held that provision of article 24 override the provisions of article 8 of the DTAA between India

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ITO, WARD-1 (1) (2),, RAJKOT

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

SHRI BHARATKUMAR ISHWARBHAI BHATIYA,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ITO, WARD-1 (1) (2),, RAJKOT

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,,JUNAGADH vs. THE INCOME TAX OFFICER-WARD 1(2)(4),, RAJKOT

276 ITR 38 (Allahbad)/[2006] 202 CTR 515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual foundation has to be laid by assessee, who has to own all cash credit entries in books of accounts and only thereafter question of peak credit can be raised. Where amount of cash credits was standing

THE DY. COMMR. OF INCOME TAX, CEN. CIR.-1,, RAJKOT vs. BHARATKUMAR ISHWARBHAI BHATIYA,, RAJKOT

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

THE INCOME TAX OFFICER-WARD-2,, JUNAGADH vs. SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,, JUNAGADH

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

BHARATKUMAR ISHWARBHAI BHATIYA,,RAJKOT vs. ASSTT. COMMR. OF INCOME TAX, CEN. CIR.-1,, RAJKOT

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

THE ITO WARD-1 (2) (1),, RAJKOT vs. SHRI KHRAJMAL LEKHRAJBHAI THAVRANI, RAJKOT

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing

THE INCOME TAX OFFICER-WARD-2,, JUNAGADH vs. SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,, JUNAGADH

276 ITR 38 (Allahbad)/[2006] 202 CTR\n515 (Allahabad) wherein it has been held that for adjudicating upon plea of peak credit factual\nfoundation has to be laid by assessee, who has to own all cash credit entries in books of\naccounts and only thereafter question of peak credit can be raised. Where amount of cash\ncredits was standing