THE ACIT, CIRCLE-1,, JAMNAGAR vs. M/S. SENOR METALS PVT. LTD., JAMNAGAR

In the results the appeal of the revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Suchitra Raghunath Kambleआयकर अपील सं./Ita No. 260/Rjt/2015 िनधा"रण वष"/Asstt. Year:2011-12

section 43(5). It is immaterial whether transaction is carried out at the recognized stock exchange or not. Even the circular of CBDT cited in the assessment order states that once it is established that the assessee has entered in the transaction of the commodity that they deal the other technical details have no material impact. Hence, this reasoning

DR. SUBHASH PETHALJI CHAVDA AHIR KELVANI MANDAL,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-2,, RAJKOT

The appeal of the assessee is allowed

depreciation on the assets acquired by the respondents-assessees. It is a matter of record that all the assessees are charitable institutions registered under Section 12A of the Income Tax Act (hereinafter referred to as 'Act'). For this reason, in the previous I.T.A No. 425/Rjt/2017 A.Y. 2014-15 Page No 5

THE ASST. COMMR. INCOME TAX, CIRCLE,-1,, RAJKOT-GUJARAT vs. M/S RAVI TECHNOFORGE PVT. LTD.,, RAJKOT-GUJARAT

In the result, appeal of the Revenue is dismissed

Bench: Smt.Annapurna Gupta & Smt. Madhumita Royassessment Year :2014-15 Acit, Cir.1 Vs. M/S.Ravi Techno Forge P. Ltd. Rajkot. Plot No.7/8, Survey No.211 Veraval Shapar Ind. Area Rajkot Gondal Highway, Tal. Kotdasangani Dist. Rajkot. Pan : Aadcs 1608 N 0 अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assesseeby : Shri Mehul Ranpura, Ld.Ar Revenue By : Shri B.D. Gupta, Ld.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 10/04/2023 घोषणा क" तार"ख /Date Of Pronouncement: 16/06/2023

section 32(1) inter alia provides that the additional depreciation would be restricted to 50% when the new plant or machinery acquired and installed by the assessee, is put to use for the purposes of business or profession for a period of less than one hundred and eighty days in the previous year. Non- availability of full 100% of additional

ACIT, CIRCLE-1(1), RAJKOT, RAJKOT vs. GANDHI REALITY (INDIA) PRIVATE LIMITED, RAJKOT

In the result, the appeal of the Revenue is dismissed

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm

section 143(3) r.w.s. 260 of the Income Tax Act 1961, for the assessment year 2018-19. 2.Grievances raised by the Revenue, are as follows. Gandhi Reality(I) Pvt. Ltd 1. The learned CIT(A) has erred in law and on facts in deleting the addition of Rs. 20,18,52,087/-, on account of depreciation claim on goodwill

THE ACIT, MORBI CIRCLE,, RAJKOT-GUJARAT vs. M/S. VISHALDEEP SPINNING MILLA LTD.,, MUMBAI

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

section 32 shall be mandatory. 30.3 Under the existing provisions, no deduction for depreciation is allowed on any motor car manufactured outside India unless it is used (i) in the business of running it on hire for tourists, or (ii) outside in the assessee's business or profession in another country. 30.4 The Act has allowed depreciation allowance

M/S. EMBOZA GRANITO PVT. LTD. ,MORBI vs. THE PR. CIT-3 , RAJKOT

In the result, appeal filed by assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 240/Rjt/2019 िनधा"रण वष"/Asstt. Years: 2016-2017

section 68 of the Act. 5. The Ld. PCIT also found that assessee during the year shown has shown addition to fixed assets for Rs. 39,90,99,107 on which, it claimed depreciation

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.

depreciation which would be required to be set off against the profit of the relevant previous year as if the provisions of clause (b) of the first proviso to sub-section (1) of section 205 of the Companies Act, 1956 (1 of 1956), are applicable. (2) Nothing contained in sub-section (1) shall affect the determination of the amounts

THA ACIT, CIRCLE MORBI, MORBI vs. M/S. JAXX VITRIFIED PVT. LTD. , MORBI

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

section 32(1) (iia) the expression used is "shall be allowed". Thus the assessee had earned the benefit as soon as he had purchased the new plant and machinery in full but it is restricted to 50% in that particular year on account of period of usages. Such restrictions cannot divest the statutory right Law does not prohibit that balance

ASHVIN DINESHBHAI JADAV,RAJKOT vs. ITO, WARD-1(1)(1), RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

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

5. Indisputably, the provisions of section 115BBE as existed prior to the amendment does not provide that the losses shall not referred to be allowed to be set off against the income section 115BBE and it is only to dispel the uncertainty prevailing on the issue, the provision was amended. A bare perusal of the provisions makes it abundantly clear

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) : 7.2 From the above, it is transpired that it is the AO who can scope expand the scope of the proceedings initiated under section

THE DY. CIT (EXEMPTIONS), CIRCLE-2,, AHMEDABAD vs. SMT. TARABEN VRUJLAL MEHTA CHARITABLE FOUNDATION TRUST,, RAJKOT

In the result, appeal filed by the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2009-10

Section 32 on the same asset. Thus, the Assessing Officer disallowed depreciation of Rs.55,32,155/-and assessed the income at Rs.(-) 4,34,17,907/-. 4. Being aggrieved by the assessment order the assessee filed appeal before the CIT(A). The CIT(A) partly allowed the appeal of the assessee. 5

SHRI PRAKASH J. BAGDAI,RAJKOT vs. THE ITO-WD-16(1)(1), MUMBAI, PRESENT JURISDICTION WITH ITO-WARD-1 (2)(4), RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 138/Rjt/2020 िनधा"रण वष"/Asstt. Years: 2007-2008 Prakash J. Bagdai, I.T.O., C/O M.N. Manvar & Co., Vs. Ward-16(1)(1), Chartered Accountant, Mumbai. 504-Star Plaza, (Present Jurisdiction With Phulchhab Chowk, I.T.O, Rajkot. Ward-1(2)(4), Rajkot.)

depreciation is claimed. " 5. The Ld. C1T(A) - 1, Rajkot dismissed the request for additional evidences under Rule 46A of IT. Rules, 1962 on alleged finding that none of the conditions under Rule 46A is satisfied and dismissed the appeal. 3. At the outset, we note that there was a delay in filing the appeal by the assessee

SWAMINARAYAN SEVA NIKETAN,,JUNAGADH vs. INCOME TAX OFFICER (EXEMPTION), WARD-2,, RAJKOT

In the result, appeal filed by the Assessee is allowed

Bench: Shri Mahavir Prasad & Shri Amarjit Singh) [Through Virtual Court]

section 11(1)(a), yet depreciation would be allowed on assets so purchased - Held, yes [Para 5] [In favour of assessee

APEX IRRIGATION,RAJKOT vs. COMMISSIONER OF INCOME TAX APPEALS, NATIONAL FACELESS ASSESSMENT CENTRE, DELHI

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

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

section 253(5) of the Act empowers the ITAT to admit an appeal after expiry of prescribed time, if there is a "sufficient cause" for not Apex Irrigation presenting appeal within prescribed time. In the interest of justice, we take a judicious view and we condoned the delay in filing appeal by 461 days 7. Brief facts of the case

ALPHA HI-TECH FUEL LTD.,,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, SNR CIRCLE,, SURENDRANAGAR

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकरअपीलसं./I.T.A. No.68/Rjt/2009 (धििाधरणणवध/ Assessment Year 2005-06) Alpha Hi-Tech Fuel Limited, बिाम/ D.C.I.T, Station Road, Surendranagar Vs. Lakhtar, Dist. Surendranagar, Gujarat-382775 स्ायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaaca4258P (अपीला््/Appellant) (प्य््/ Respondent) अपीला््थरसे/ Appellant By : Shri Kalpesh Doshi, A.R Shri B.D Gupta, Sr. D.R. प्य््करथरसे/Respondent By: सुिणाईकरतारीख/ Date Of Hearing 08/06/2023 घोवणाकरतारीख/Date Of Pronouncement 05/09/2023 आदेश/ O R D E R Per Waseem Ahmed:

section 80-IA of the Act 5. However, the AO found that the assessee has been carried out its business activities from the assessment year 1994-95 as evident from the depreciation

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)

depreciation @ 30% as claimed by the assessee. Further, we note that CIT has allowed partly to the extent of 15%. We are of the view after rejecting the books of accounts, no addition has been made by the AO under Section-143(3). The assessment has taken place under Section-144 of the Income

UMA COTTON & OIL INDUSTRIES,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD), RANGE-2,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.13/Rjt/2013 "नधा"रण वष"/Asstt. Year: 2008-2009

5. The learned AR before us agreed for the disallowance made by the authorities below. However, the learned AR before us submitted that the assessee is entitled for the deduction on account of the remuneration /interest paid to the partners/retiring partners and unabsorbed depreciation brought forward from the assessment year 2007-08. The learned AR in support of his contention

ALPHA HI-TECH FUEL LTD.,,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, SNR CIRCLE,, SURENDRANAGAR

In the result, this appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.578-581/Rjt/2008 ("नधा"रण वष" / Assessment Years : 2000-01 To 2003-04) & आयकर अपील सं./I.T.A. No.67/Rjt/2009 ("नधा"रण वष" / Assessment Year : 2004-05) बनाम/ Alpha Hi-Tech Fuel Limited, Cit(Appeals)-Xvi, Station Road, Lakhtar, Dist. Ahmedabad. Vs. Surrendranagar, Gujarat-382775 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaca4258P (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Anil Kumar Das, Dr. सुनवाई क" तार"ख / Date Of Hearing 16/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 18/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Appellate Orders Of The Commissioner Of Income Tax(Appeals)-Ii, Rajkot [Cit(A) In Short] Arising In The Assessment Order Passed Under S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To Assessment Years (A.Ys) 2000-01 To 2004-05. Ita No.578-581/Rjt/2008 A.Y.S 2000-01 To 2004-05 First We Take Assessee’S Appeal Bearing Ita No. 578/Rjt/2008. The Assessee Has Raised The Following Grounds Of Appeal:

section 80 IA of the Act for a period of 10 years beginning from the assessment year 1994-95 to 2003- 04. The AO also observed that the assessee has claimed depreciation for the assessment year 1994-95, 1995-96 and 1996-97. Accordingly, the AO held that the period of 5

ALPHA HI-TECH FUEL LTD.,,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, SURENDRANAGAR CIRCLE,, SURENDRANAGAR

In the result, this appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. Nos.578-581/Rjt/2008 ("नधा"रण वष" / Assessment Years : 2000-01 To 2003-04) & आयकर अपील सं./I.T.A. No.67/Rjt/2009 ("नधा"रण वष" / Assessment Year : 2004-05) बनाम/ Alpha Hi-Tech Fuel Limited, Cit(Appeals)-Xvi, Station Road, Lakhtar, Dist. Ahmedabad. Vs. Surrendranagar, Gujarat-382775 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaca4258P (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Anil Kumar Das, Dr. सुनवाई क" तार"ख / Date Of Hearing 16/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 18/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Appellate Orders Of The Commissioner Of Income Tax(Appeals)-Ii, Rajkot [Cit(A) In Short] Arising In The Assessment Order Passed Under S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To Assessment Years (A.Ys) 2000-01 To 2004-05. Ita No.578-581/Rjt/2008 A.Y.S 2000-01 To 2004-05 First We Take Assessee’S Appeal Bearing Ita No. 578/Rjt/2008. The Assessee Has Raised The Following Grounds Of Appeal:

section 80 IA of the Act for a period of 10 years beginning from the assessment year 1994-95 to 2003- 04. The AO also observed that the assessee has claimed depreciation for the assessment year 1994-95, 1995-96 and 1996-97. Accordingly, the AO held that the period of 5