THE ITO, WARD-2(2),, JAMNAGAR vs. SMT. SHITALBEN SAURABH VORA,, JAMNAGAR

Appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No.262-263/Rjt/2018 ("नधा"रण वष" / Assessment Years: 2012-13 & 2013-14) बनाम/ M/S.Surendranagar District D.C.I.T, Co-Op. Milk Producers Surendranagar Circle, Vs. Union Ltd. Surendranagar. Wadhwan City, Surendranagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaas8375B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Jitender Kumar, Dr सुनवाई क" तार"ख / Date Of Hearing 17/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-7, Ahmedabad [Ld. Cit(A) In Short] Of Even Dated 12/01/2018, Arising In The Matter Of Assessment Order Passed Under 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 26/03/2015 Relevant To Assessment Years (A.Ys) 20012-13 & 2013-14. Ita Nos.262-263/Rjt/2018 A.Y.S 2012-13 To 2013-14 First, We Take Up Ita No. 262/Rjt/2018 For A.Y. 2013-14

48 of the Act. Therefore we restore the issue to the file of the AO for fresh/de-novo ITA Nos.262-263/RJT/2018 A.Y.s 2012-13 to 2013-14 adjudication as per the provisions of law. It is needless to mention that the assessee should co-operate in the proceedings before the AO. Hence the ground of appeal of the assessee is allowed

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

In the result the appeal is dismissed

48(ii) whereas the distribution of assets on retirement of a partner was not covered by section 49 which implies that the cost of acquisition of the asset in the hands of the retiring partners should be the market value on the date of retirement and not the cost for which the previous owner of the property acquired it. Since

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

ACIT, CIR-1(1), RAJKOT, RAJKOT vs. SHRI RAJKOT DISTRICT CO OPERATIVE BANK LTD, RAJKOT

The appeal of the revenue is dismissed

Bench: Dr. Arjun Lal Saini. & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.188/Rjt/2024 िनधा"रणवष"/ Assessment Year: (2015-16) (Hybrid Hearing) Assistant Commissioner Of Income- Vs. Rajkot District Co-Operative Bank Tax, Circle-1 (1), Rajkot Limited Room No.502, Aayakar Bhawan, Jilla Bankbhavan, Kasturba Road, Race Course Ring Road, Rajkot- Opp: Chaudhary High School, 360001 Rajkot 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaar0564K (Appellant) (Respondent) Appellant By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld.Sr.Dr : 09/06 /2025 Date Of Hearing Date Of Pronouncement : 05/08 /2025

48 crores interest expenditure. A profit margin of THE ACIT CIR.1(1) RAJKOT 47%. How can the profit margin vary from 23% to 47% unless the allocation of interest expenditure under long term and short term is made incorrectly. (b) The assessee has somewhat arbitrarily allocated the expenses, not based on proportion but on some assumed weightage. In terms

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

depreciation @12.5% thereon. However, the ld CIT(A) treated the part of the machinery repairing expenses incurred for the reconditioning of the existing machineries. As per the ld CIT(A) the amount of repairing expenses was representing the normal wear and tear expenses. Therefore the same cannot be treated as capital in nature. From the preceding discussion, we note that

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

depreciation as per the provisions of the Companies Act. Thus, the issue of scrutiny of P&L account prepared by the Company is still wide open. Therefore, the assessee's claim regarding not altering the book profit by the amount of gross profit estimated on the unaccounted transactions was not considered by the assessing officer. 9. The assessee also argued

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

depreciation as per the provisions of the Companies Act. Thus, the issue of scrutiny of P&L account prepared by the Company is still wide open. Therefore, the assessee's claim regarding not altering the book profit by the amount of gross profit estimated on the unaccounted transactions was not considered by the assessing officer. 9. The assessee also argued

THE DY. COMMR. OF INCOME TAX, CIRCLE-3(1),, RAJKOT-GUJARAT vs. M/S SAURASHTRA GRAMIN BANK,, RAJKOT-GUJARAT

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royअपील सं./Ita No.376/Rjt/2016 िनधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T., M/S. Saurashtra Gramin Bank, Circle-3(1), Vs. Gopalnaga, Opp. Andh Mahila Rajkot. Vikas Gruh, Rajkot.

48,90,000/-, the disallowance ultimately directed works out to nearly 110% of that sum, i.e., Rs.52,56,197/-By no stretch of imagination can Section 14A or Rule 3D be interpreted so as to mean that the entire tax exempt income is to be disallowed. The window for disallowance is indicated in Section 14A, and is only

THE ACIT, CIRCLE-2,, JAMNAGAR vs. SAURASHTRA CEMENT LTD.,, PORBANDAR

In the result, appeal filed by the Revenue is dismissed and appeal filed by the Assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

depreciation claim on electricity line. 38. The Ld. AR submitted that though the legal ownership of electricity line belongs to PGVCL, capital cost of such electricity line has been incurred by the assessee Company and it is exclusively used for the purpose of business of the Company. In alternate, the Ld. AR submitted that the entire cost should be allowed

SAURASHTA CEMENT LTD.,,PORBANDAR vs. THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2,, JAMNAGAR

In the result, appeal filed by the Revenue is dismissed and appeal filed by the Assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

depreciation claim on electricity line. 38. The Ld. AR submitted that though the legal ownership of electricity line belongs to PGVCL, capital cost of such electricity line has been incurred by the assessee Company and it is exclusively used for the purpose of business of the Company. In alternate, the Ld. AR submitted that the entire cost should be allowed

THE ASSISTANT COMISSIONER OF INCOME TAX, CIRCLE-1,, RAJKOT-GUJARAT vs. M/S. CHAMPION AGRO LTD.,,

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 504/Rjt/2013 िनधा"रण वष"/Asstt. Years: 2008-2009 & आयकर अपील सं./Ita No. 78/Rjt/2014 िनधा"रण वष"/Asstt. Years: 2009-2010

Depreciation, advertisement expenses, administrative expenses, etc for calculating disallowance as per Rule 8D. Brief Points to be considered by the Hon’ble ITAT, Rajkot Bench, 1. The CIT(Appeals] did not considered the fact that the agreements between the farmers and the assessee company are on plain paper and not on non-judicial stamp paper as also not notarized

THE ACIT, CIRCLE-1,, RAJKOT-GUJARAT vs. CHAMPION AGRO LTD., FORMERLY KNOWN AS MAGNETIC INDS. LTD.,, RAJKOT-GUJARAT

In the result appeal of the Revenue is hereby partly allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 504/Rjt/2013 िनधा"रण वष"/Asstt. Years: 2008-2009 & आयकर अपील सं./Ita No. 78/Rjt/2014 िनधा"रण वष"/Asstt. Years: 2009-2010

Depreciation, advertisement expenses, administrative expenses, etc for calculating disallowance as per Rule 8D. Brief Points to be considered by the Hon’ble ITAT, Rajkot Bench, 1. The CIT(Appeals] did not considered the fact that the agreements between the farmers and the assessee company are on plain paper and not on non-judicial stamp paper as also not notarized

THE ACIT, CIRCLE- 1,, RAJKOT-GUJARAT vs. SMT. MANISHABEN N. MASHRU,, RAJKOT-GUJARAT

In the result, appeal of the Revenue in ITA No

Bench: Shri Pramod Kumar & Shri Rajpal Yadavsr.No.

48. Ground No.4: In this ground, grievance of the assessee is that the ld.CIT(A) has erred in retaining disallowance of Rs.40,200/- out of total disallowance made at Rs.51,226/- representing vehicle expenses, travel expenses and depreciation on cars. We have confirmed similar disallowance in the Asstt.Years 2003-04, 2004-05 and 2005-06. Possibility of personal user

BHAVANI INDUSTRIES INDIA LLP,RAJKOT vs. ADDI. CIT, RANGE-2, RAJKOT, RAJKOT

48,10,075 4 Electrical fittings 31,91,778 34,27,206 Total 9,64,13,416 13,13,79,252 Cum Dep claimed 1,78,82,307 3,30,47,414 WDV 7,85,31,109 9,83,31,838 Overall Depreciation Chart of Rudrapur Unit: No Particulars

BHAVANI INDUSTRIES INDIA LLP,RAJKOT vs. ACIT, CIRCLE-2(1), RAJKOT, RAJKOT

48,10,075 4 Electrical fittings 31,91,778 34,27,206 Total Cum Dep claimed WDV 9,64,13,416 1,78,82,307 7,85,31,109 13,13,79,252 3,30,47,414 9,83,31,838 Overall Depreciation Chart of Rudrapur Unit: No Particulars

ASSISTANT COMMISSINER OF IINCOME TAX CIRCLE-2(1), RAJKOT, RAJKOT vs. BHAWANI INDUSTRIES INDIA LLP, RAJKOT

48,10,075 4 Electrical fittings 31,91,778 34,27,206 26 Bhawani Industries India LLP ITA Nos.247 to 250/RJT/2024 & Ors. (AYs: 2012-13, 2013-14 & Ors.) Total 9,64,13,416 13,13,79,252 Cum Dep claimed 1,78,82,307 3,30,47,414 WDV 7,85,31,109 9,83,31,838 Overall Depreciation Chart

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), RAJKOT, RAJKOT vs. BHAWANI INDUSTRIES INDIA LLP, RAJKOT

48,10,075 4 Electrical fittings 31,91,778 34,27,206 26 Bhavani Industries India LLP ITA Nos.247 to 250/RJT/2024 & Ors. (AYs: 2012-13, 2013-14 & Ors.) Total 9,64,13,416 13,13,79,252 Cum Dep claimed 1,78,82,307 3,30,47,414 WDV 7,85,31,109 9,83,31,838 Overall Depreciation Chart

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2(1), RAJKOT, RAJKOT vs. BHAWANI INDUSTRIES INDIA LLP, RAJKOT

48,10,075 4 Electrical fittings 31,91,778 34,27,206 26 Bhawani Industries India LLP ITA Nos. 247 to 250/RJT/2024 & Ors. (AYs: 2012-13, 2013-14 & Ors.) Total 9,64,13,416 13,13,79,252 Cum Dep claimed 1,78,82,307 3,30,47,414 WDV 7,85,31,109 9,83,31,838 Overall Depreciation