SHRI JAYANTILAL P. SATIKUNVER,,RAJKOT-GUJARAT vs. THE COMMISSIONER OF INCOME TAX-III,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./I.T.A. No.469/Rjt/2014 ("नधा"रण वष" / Assessment Year 2010-11)

depreciation allocated in the ratio of turnover of both the business of the assessee and worked out a sum of - 7,52,199 which was to be allocated to the windmill business. As such learned CIT directed the AO to make the addition for a sum of - 7,52,199.00 to the total income of the assessee by observing

M/S SHREE RAJMOTI INDS.,,RAJKOT-GUJARAT vs. THE A. C.I.T., CIRCLE-2(1),, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

depreciation could not give rise to any question of concealment of income Whether Tribunal was right in so holding - Held, yes [Para 13] [In favour of assessee]” 8.2. The Bombay High Court in the case of PCIT Vs. Sesa Goa Ltd. reported in [2021] 132 taxmann.com 42 (Bombay) held as follows: “Section

MUKESH MANEKCHAND SHETH,RAJKOT vs. THE DCIT-ACIT, CENTRAL CIRCLE -2, RAJKOT, RAJKOT

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

depreciation. [This is ground No.6 in ITA N0.546/Rjt/2024 A.Y.2018-19] 4. Now we shall take above, summarised and concise ground of appeals, of assessee and revenue, as follows. 5. The summarised and concise ground No.1, is reproduced below for ready reference. “1.Ground No.1. The Ld.CIT(A) erred in holding that proceedings u/s 148 culminating into order

MUKESH MANEKCHAND SHETH,RAJKOT vs. THE DCIT-ACIT, CENTRAL CIRCLE -2, RAJKOT., RAJKOT

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

depreciation. [This is ground No.6 in ITA N0.546/Rjt/2024 A.Y.2018-19] 4. Now we shall take above, summarised and concise ground of appeals, of assessee and revenue, as follows. 5. The summarised and concise ground No.1, is reproduced below for ready reference. "1.Ground No.1. The Ld.CIT(A) erred in holding that proceedings u/s 148 culminating into order

DCIT, CENTRAL CIRCLE 1, RAJKOT, RAJKOT vs. SHRI MUKESH MANEKCHAND SHETH, RAJKOT

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

depreciation. [This is ground No.6 in ITA N0.546/Rjt/2024 A.Y.2018-19] 4. Now we shall take above, summarised and concise ground of appeals, of assessee and revenue, as follows. 5. The summarised and concise ground No.1, is reproduced below for ready reference. “1.Ground No.1. The Ld.CIT(A) erred in holding that proceedings u/s 148 culminating into order

MUKESH MANEKCHAND SHETH,RAJKOT vs. THE DCIT-ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

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

depreciation. [This is ground No.6 in ITA N0.546/Rjt/2024 A.Y.2018-19] 4. Now we shall take above, summarised and concise ground of appeals, of assessee and revenue, as follows. 5. The summarised and concise ground No.1, is reproduced below for ready reference. “1.Ground No.1. The Ld.CIT(A) erred in holding that proceedings u/s 148 culminating into order

MUKESH MANEKCHAND SHETH,RAJKOT vs. THE DCIT-ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

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

depreciation. [This is ground No.6 in ITA N0.546/Rjt/2024 A.Y.2018-19] 4. Now we shall take above, summarised and concise ground of appeals, of assessee and revenue, as follows. 5. The summarised and concise ground No.1, is reproduced below for ready reference. “1.Ground No.1. The Ld.CIT(A) erred in holding that proceedings u/s 148 culminating into order

SEABIRD MARINE SERVICES PRIVATE LIMITED,JAMNAGAR vs. ACIT, CIRCLE - 1, JAMNAGAR, JAMANGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 83/Rjt/2025 (निर्धारण वर्ष/Assessment Year: (2017-18) Seabird Marine Services Pvt. Vs. Ltd. Office No. 309 & 310, Centroid Luxuria, Nr. Crystal Mall, Khodiyar Colony, Aerodrome Road, Jamnagar 361006 Assistant Commissioner Of Income-Tax, Circle-1, Jamnagar, Aayakar Bhawan, Nr. Subhash Bridge, Jamnagar -Rajkot Highway, Jamnagar स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccs 9869 C (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Appellant By : Shri S. N. Soparkar, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit-Dr Date Of Hearing : 30/04/2025 Date Of Pronouncement : 30/05/2025 Per Dr. A. L. Saini, Am: आदेश / Order Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed By The National Faceless Appeal Centre (Nfac), Dehi/ Commissioner Of Income Tax (Appeal) [In Short 'Ld. Cit(A)'], Dated 02.01.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Vide Order Dated 31.12.2019. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “All The Below Mentioned Grounds Of Appeal Are Independent & Without Prejudices To Each Other.

132 Taxman 373] (SC) and (xvii) Banyan & Berry vs. CIT [1996] 222 ITR 831 (Guj). 14. On the other hand, Ld. CIT-DR for the Revenue supported the order of lower authorities. The Ld. CIT-DR took us through the provisions of Section 115JB of the Act, wherein he has especially drawn our attention to clause-(i) of Explanation

SALIM ABDULLAH RATHOD,MUNDRA vs. DY COMMISSIONER OF INCOME TAX, GANDHIDHAM CIRCLE

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

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 277/Rjt/2023 ("नधा"रणवष"/Assessment Year: (2012-13) Salim Abdullah Rathod, Dy Commissioner Of Income Tax, 6316, Swami Vivekanand Nagar New Vs. Gandhidham Kutch, Gujarat Swaminarayan Temple Road Bhutda 370465 Wadi, Gujarat, 370465 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Adnpp3110E (अपीलाथ"/Appellant) (""यथ"/Respondent)

132 has laid down the real test for claiming depreciation at higher rates applicable for "motor lorring used in business of running them on hire. We note that at perusal the order of assessment, the AO has framed an order under Section

THE ITO, WARD 1(3), RAJKOT-GUJARAT vs. M/S PAVAN CONSTRUCTION CO, RAJKOT-GUJARAT

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

132/- (iv) Disallowance of capital expenditure Rs. 6,39,983/- (v) Accrued interest on fixed deposit Rs.1,32,483/- (vi) Addition of low G.P. 3,79,213/- (vii) Canteen expenditure 2,31,524/- (viii) Labour Charge expenditure 7,71,197/- (ix) Transport expenses 1,24,8227 (x) Car loan interest 16,014/- (xi) Vehicle, telephone & vehicle depreciation

OM LAMCOAT PVT LTD,MORBI vs. THE ACIT, CENTRA CIRCLE-1, RAJKOT, RAJKOT

In the result, both appeals filed by the assessee (in ITA Nos

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No. 286 & 287/Rjt/2022 िनधा"रणवष" / Assessment Year: (2016-17 & 2019-20) (Hybrid Hearing) बनाम M/S. Om Lamcoat Pvt. Ltd. The Acit, 8-A, Kandla National Highway, Vs. Central Circle -1, Opp. Dadashri Nagar, At. Morbi – Aayakar Bhavan, Amruta 363642 Estate, M. G. Road, Rajkot – 360001 "थायीलेखासं/.जीआइआरसं/.Pan No. : Aabco8163G (अपीलाथ"/Assessee) .. (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) सुनवाई क" तार"ख/Date Of Hearing : 16/06/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025

132 of the Act during the search operation. Various incriminating documents have been found and seized from the residence. Some of these documents contained information relating to the assessee firm i.e. M/s OM Lamcoat Pvt Ltd. 6. The original return of income u/s 139 of the Act for the year under consideration has been filed on 17/10/201 with total income

OM LAMCOAT PVT LTD,MORBI vs. ACIT, CENTRAL CIRCLE-1, RAJKOT, RAJKOT

In the result, both appeals filed by the assessee (in ITA Nos

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No. 286 & 287/Rjt/2022 िनधा"रणवष" / Assessment Year: (2016-17 & 2019-20) (Hybrid Hearing) बनाम M/S. Om Lamcoat Pvt. Ltd. The Acit, 8-A, Kandla National Highway, Vs. Central Circle -1, Opp. Dadashri Nagar, At. Morbi – Aayakar Bhavan, Amruta 363642 Estate, M. G. Road, Rajkot – 360001 "थायीलेखासं/.जीआइआरसं/.Pan No. : Aabco8163G (अपीलाथ"/Assessee) .. (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) सुनवाई क" तार"ख/Date Of Hearing : 16/06/2025 घोषणा क" तार"ख/Date Of Pronouncement : 11/09/2025

132 of the Act during the search operation. Various incriminating documents have been found and seized from the residence. Some of these documents contained information relating to the assessee firm i.e. M/s OM Lamcoat Pvt Ltd. 6. The original return of income u/s 139 of the Act for the year under consideration has been filed on 17/10/201 with total income