THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHINAGAR vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

blocked in fixed assets in making the disallowance. The ld Counsel further submitted that the disallowance is made by the assessing

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHINAGAR vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

blocked in fixed assets in making the disallowance. The ld Counsel further submitted that the disallowance is made by the assessing

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHINAGAR vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

blocked in fixed assets in making the disallowance. The ld Counsel further submitted that the disallowance is made by the assessing

THE ASSISTANT COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM-KUTCH vs. M/S KUTCH SALT & ALLIED INDUSTRIES LTD.,, GANDHIDHAM-KUTCH

In the result, cross objections filed by the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhait (Ss)A No.233& 234 & 235 & 236 /Rjt/2016 Assessment Year: (2009-10 To 2012-13) (Hybrid Hearing) Asstt. Commissioner Of Income Tax, Vs. M/S. Kutch Salt & Allied Gandhidham Circle, Industries Ltd., Gandhidham - Kutch Maitri Bhavan, Plot No.-18, Sector-8, Gandhidham - Kutch "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaact1769L (Appellant) (Respondent)

blocked in fixed assets in making the disallowance. The ld Counsel further submitted that the disallowance is made by the assessing

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

block of assets. Thus, the Ld. DR submitted that Assessee Company’s action to transfer this amount to capital reserve without showing it in operative part of Profit & Loss account is highly irregular. The Ld. DR relied upon the Assessment Order. 13. The Ld. AR submitted that the assessee received compensation from M/s. Thermax Limited towards liquidated damages for delayed

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

block of assets. Thus, the Ld. DR submitted that Assessee Company’s action to transfer this amount to capital reserve without showing it in operative part of Profit & Loss account is highly irregular. The Ld. DR relied upon the Assessment Order. 13. The Ld. AR submitted that the assessee received compensation from M/s. Thermax Limited towards liquidated damages for delayed

CLASSIC NETWORKS PVT. LTD.,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CEN. CIR.2,, RAJKOT-GUJARAT

The appeals of the Revenue are dismissed for assessment years 2005-06 and 2006-07

assessing officer in disallowing the claim of deduction u/s 80IA(4) in respect of following infrastructure projects undertaken by the appellant: 1 Periodical renewal to Km 424/0 to 442 of NH 8E (Extn.) Dwarka-Porbandar-Somnath Road 2 Periodical renewal to Km 12/0 to 25/750 of NH 8D Jetpur- Junagadh-Somnath Road 3 Strengthening Jamnagar-Dwarka-Okha Road

THE ACIT, CEN. CIR.-2,, RAJKOT-GUJARAT vs. M/S. CLASSIC NETWORK PVT. LTD.,, RAJKOT-GUJARAT

The appeals of the Revenue are dismissed for assessment years 2005-06 and 2006-07

assessing officer in disallowing the claim of deduction u/s 80IA(4) in respect of following infrastructure projects undertaken by the appellant: 1 Periodical renewal to Km 424/0 to 442 of NH 8E (Extn.) Dwarka-Porbandar-Somnath Road 2 Periodical renewal to Km 12/0 to 25/750 of NH 8D Jetpur- Junagadh-Somnath Road 3 Strengthening Jamnagar-Dwarka-Okha Road

THE ACIT, CEN. CIR.-2,, RAJKOT-GUJARAT vs. M/S. CLASSIC NETWORK PVT. LTD.,, RAJKOT-GUJARAT

The appeals of the Revenue are dismissed for assessment years 2005-06 and 2006-07

assessing officer in disallowing the claim of deduction u/s 80IA(4) in respect of following infrastructure projects undertaken by the appellant: 1 Periodical renewal to Km 424/0 to 442 of NH 8E (Extn.) Dwarka-Porbandar-Somnath Road 2 Periodical renewal to Km 12/0 to 25/750 of NH 8D Jetpur- Junagadh-Somnath Road 3 Strengthening Jamnagar-Dwarka-Okha Road

CLASSIC NETWORKS PVT. LTD.,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CEN. CIR.2,, RAJKOT-GUJARAT

The appeals of the Revenue are dismissed for assessment years 2005-06 and 2006-07

assessing officer in disallowing the claim of deduction u/s 80IA(4) in respect of following infrastructure projects undertaken by the appellant: 1 Periodical renewal to Km 424/0 to 442 of NH 8E (Extn.) Dwarka-Porbandar-Somnath Road 2 Periodical renewal to Km 12/0 to 25/750 of NH 8D Jetpur- Junagadh-Somnath Road 3 Strengthening Jamnagar-Dwarka-Okha Road

SHRI GIRISHKUMAR VACHHRAJ DHOLAKIA,,JUNAGADH vs. THE PR. COMMISSIONER OF INCOME TAX-1, RAJKOT-GUJARAT

In the result, both the appeals filed by the assessee(s) are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./ Ita No. 14/Rjt/2021 Assessment Year : 2015-2016 Shri Jugalkishore Natwarlal Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abqpd 2710 D आयकर अपील सं./ Ita No. 15/Rjt/2021 Assessment Year : 2015-2016 Shri Girishkumar Vachhraj Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abupd 6245 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Samir Jani, Ar Revenue By : Shri Vijay Kumar Jaiswal, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2023 आदेश/O R D E R Per Ms. Madhumita Roy:-

blocked in interest free loan/investment in firm/companies/properties they would have been available to the assessee which would have obviated his need to borrow funds carrying interest from banks. It is also considering that most of funds have been utilized to invest in companies/firms which have potential to earn exempted income, a disallowance u/s 14A r.w.s

SHRI JUGALKISHORE NATWARLAL DHOLAKIA,JUNAGADH vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, both the appeals filed by the assessee(s) are dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./ Ita No. 14/Rjt/2021 Assessment Year : 2015-2016 Shri Jugalkishore Natwarlal Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abqpd 2710 D आयकर अपील सं./ Ita No. 15/Rjt/2021 Assessment Year : 2015-2016 Shri Girishkumar Vachhraj Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abupd 6245 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Samir Jani, Ar Revenue By : Shri Vijay Kumar Jaiswal, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2023 आदेश/O R D E R Per Ms. Madhumita Roy:-

blocked in interest free loan/investment in firm/companies/properties they would have been available to the assessee which would have obviated his need to borrow funds carrying interest from banks. It is also considering that most of funds have been utilized to invest in companies/firms which have potential to earn exempted income, a disallowance u/s 14A r.w.s

M/S P.M. DIESELS PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSTT. COMMR. INCOME TAX, CIRCLE-2(1),, RAJKOT-GUJARAT

In the result, appeal of the assessee is allowed

assessing officer in disallowing Rs. 13,36,622/- u/s. 36(1)(iii) of the Act by computing proportionate interest expenditure incurred on borrowed capital corresponding to interest free advance of Rs. 4,59,25,000/- given to J Chandrakant & Co. 2. The Learned Commissioner of Income-tax (Appeals)-2, Rajkot failed to appreciate that the appellant had adequate pool

THE DY. COMMR. OF INCOME TAX, CIR.-1,, JAMNAGAR vs. M/S SEABIRD MARINE SERVICES P. LTD.,, JAMNAGAR

In the result, appeal of the Revenue is partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

disallowance under Section 14A made by the Assessing Officer is not valid. As regards Ground No. 5 the Ld. A.R. relied upon the decision of Hon’ble DCIT vs. M/s. Seabird Marine Services P. Ltd. Asst.Year –2013-14 Bombay High Court in case of Sesa Goa Ltd. vs. JCIT 117 taxmann.com 96 where the claim of deduction of education cess

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

In the result, assessee's ground No

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

block a year and will only sell between 80-85%. The rest will be retained in there portfolio. Hotel Orbit Park Inn in Jamnagar – The family is 50% owner of this hotel.” 43.8 In view of the above we are inclined to delete the addition made by assessing officer and subsequently confirmed by the ld. CIT-A on this ground

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

In the result, assessee's ground No

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

block a year and will only sell between 80-85%. The rest will be retained in there portfolio. Hotel Orbit Park Inn in Jamnagar – The family is 50% owner of this hotel.” 43.8 In view of the above we are inclined to delete the addition made by assessing officer and subsequently confirmed by the ld. CIT-A on this ground

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

In the result, assessee's ground No

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

block a year and will only sell between 80-85%. The rest will be retained in there portfolio. Hotel Orbit Park Inn in Jamnagar – The family is 50% owner of this hotel.” 43.8 In view of the above we are inclined to delete the addition made by assessing officer and subsequently confirmed by the ld. CIT-A on this ground

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

block a year\nand will only sell between 80-85%. The rest will be retained in there portfolio. Hotel\nOrbit Park Inn in Jamnagar – The family is 50% owner of this hotel.”\n43.8 In view of the above we are inclined to delete the addition made by assessing\nofficer and subsequently confirmed by the ld. CIT-A on this ground