THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S DML EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

10. We find that the ratio laid down by all the above judgments holding that when the commission has been paid to foreign parties for rendering services admittedly abroad for soliciting customers for its export business activities, the appellant is not liable for short deduction of tax at source and therefore disallowance made on this score under Section

THE ACIT, CIRCLE-2,, JAMNAGAR vs. M/S HIRAVATI MARINE PRODUCTS (P) LTD.,, PORBANDAR

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed"नधा"रण वष"/Asstt. Year:2007-2008 Addl. Commissioner Of Hiravati Marine Products Pvt. Income Tax, Vs Ltd. Range-2, Porbandar, Jamnagar. Pan No: Aabch2110C "नधा"रण वष"/Asstt. Year:2008-2009

disallowance on account of investigation expenses paid by the bank. 4. The Ld.CIT(A) has erred in law and in facts in deleting the addition of Rs.67,10,325/- being the difference in the amount with reference to the TDS certificate and that claimed as job work income. 5. That on the facts and in the circumstances of the case

HIRAVATI MARINE PRODUCTS PVT. LTD.,,PORBANDAR vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE-2,, JAMNAGAR

In the result, the appeal of the revenue is partly allowed for statistical purposes

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed"नधा"रण वष"/Asstt. Year:2007-2008 Addl. Commissioner Of Hiravati Marine Products Pvt. Income Tax, Vs Ltd. Range-2, Porbandar, Jamnagar. Pan No: Aabch2110C "नधा"रण वष"/Asstt. Year:2008-2009

disallowance on account of investigation expenses paid by the bank. 4. The Ld.CIT(A) has erred in law and in facts in deleting the addition of Rs.67,10,325/- being the difference in the amount with reference to the TDS certificate and that claimed as job work income. 5. That on the facts and in the circumstances of the case

PRANAM ENTERPRISE,JUNAGADH vs. DCIT, CIRCLE-1(1), RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.391/Rjt/2024 Assessment Year: (2017-18) (Hybrid Hearing) Pranam Enterprise Vs. The Dcit Office No.3, City Centre, Opp. Circle-1(1), Rajkot New Collector Office, Junagadh – 362001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaffp7926H (Assessee) (Respondent) Assessee By Shri Mehul Ranpura, Ar Respondent By Shri Abhimanyu Singh Yadav, Sr.Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 06/03/2025 आदेश / O R D E R Per Dr. A. L. Saini, Am:

10. The issue for consideration before us is that whether penalty under Section 270A of the Act can be levied in the instant set of facts, when as per the assessee, she was under the genuine belief that since taxes has been deducted at source on such sale of property then there was no occasion to file return of income

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

In the result, summarised and concise ground No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No. 247 To 250 & 260/Rjt/2024 "नधा"रण वष"/ Assessment Years: 2012-13, 2013-14, 2017-18 2018-19 & 2010-11 Bhawani Industries India Llp Assistant Commissioner Of बनाम/ Income-Tax, Cicle-2(1), Rajkot, C/1-B, 236/3 Gidc, Aji Industrial Room No.311, 3Rd Floor, Aaykar Estate, Rajkot-36 003 Vs. Bhawan, Race Course Ring Road, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfb 8046 R (अपीलाथ"/Assessee) (""यथ"/Respondent) आयकर अपील सं/.Ita No.254 To 256/Rjt/2024 "नधा"रण वष"/ Assessment Years: 2010-11, 2012-13 & 2013-14 Bhawani Industries India Llp Assistant Commissioner Of Income- C/1-B, 236/3 Gidc, Aji बनाम/ Tax, Cicle-2(1), Rajkot, Room No.311, Industrial Estate, Rajkot-36 3Rd Floor, Aaykar Bhawan, Race Vs. 003 Course Ring Road, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfb 8046 R (अपीलाथ"/Assessee) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld. Cit-Dr & Shri Abhimanyu Singh Yadav, Sr-Dr

10 CCB, as per Annexure 4, are as under: S.N. Details of Wind mill unit Wind Farm Site at Lamba, Tal. Kalyanpur, Dist. Jamnagar Amt. Rs. 1,02,46,156/- Our above named assessee has not claimed above deduction i.e. 80 IA of Rs. 1,02,46,156/-, while filing the return of income. Hence, you are requested to grant

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

In the result, summarised and concise ground No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No. 247 To 250 & 260/Rjt/2024 "नधा"रण वष"/ Assessment Years: 2012-13, 2013-14, 2017-18 2018-19 & 2010-11 Bhawani Industries India Llp Assistant Commissioner Of बनाम/ Income-Tax, Cicle-2(1), Rajkot, C/1-B, 236/3 Gidc, Aji Industrial Room No.311, 3Rd Floor, Aaykar Estate, Rajkot-36 003 Vs. Bhawan, Race Course Ring Road, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfb 8046 R (अपीलाथ"/Assessee) (""यथ"/Respondent) आयकर अपील सं/.Ita No.254 To 256/Rjt/2024 "नधा"रण वष"/ Assessment Years: 2010-11, 2012-13 & 2013-14 Bhawani Industries India Llp Assistant Commissioner Of Income- C/1-B, 236/3 Gidc, Aji बनाम/ Tax, Cicle-2(1), Rajkot, Room No.311, Industrial Estate, Rajkot-36 3Rd Floor, Aaykar Bhawan, Race Vs. 003 Course Ring Road, Rajkot-360 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfb 8046 R (अपीलाथ"/Assessee) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld. Cit-Dr & Shri Abhimanyu Singh Yadav, Sr-Dr

10 CCB, as per Annexure 4, are as under: S.N. Details of Wind mill unit Wind Farm Site at Lamba, Tal. Kalyanpur, Dist. Jamnagar Amt. Rs. 1,02,46,156/- Our above named assessee has not claimed above deduction i.e. 80 IA of Rs. 1,02,46,156/-, while filing the return of income. Hence, you are requested to grant

ROGI KALYAN SAMITI CHITAL,CHITAL AMRELI vs. ITO EXEMPTION WARD-2 RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.328/Rjt/2023 Assessment Year: (2013-14) (Hybrid Hearing) Rogi Kalyan Samiti Chital, Income Tax Officer C. H. C. Chital, Chital District, Vs. (Exemption), Ward – 2, Rajkot Amreli-365 601 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aactr 0652 F (Appellant) (Respondent)

disallowance of deduction amounting to Rs.3,99,140/-. 3. That, the Ld. CIT(A) has wrongly confirmed levy of interest u/s 234A, 234B, 234C and 234D of the I.T. Act, 1961. ITA.328/RJT/2023/AY.2013-14 Rogi Kalyan Samiti Chital 4. That, the finding of the Ld. CIT and Ld. AO are not justified in law as well as facts of the case

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

10. The Ld. AR submitted that this addition was made on the basis of general disclosure note in Audit Report for the information of the readers. Money raised for capital structure of the company and the same was not revenue nature. The Ld. AR submitted that surrender of right in redemption of OCCPS is capital in nature. It does

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

10. The Ld. AR submitted that this addition was made on the basis of general disclosure note in Audit Report for the information of the readers. Money raised for capital structure of the company and the same was not revenue nature. The Ld. AR submitted that surrender of right in redemption of OCCPS is capital in nature. It does

THE ITO, WARD-2 (1) (4),, RAJKOT-GUJARAT vs. M/S JAGJIT BUILDERS AND DEVELOPERS,, RAJKOT-GUJARAT

In the result the appeal filed by the revenue is dismissed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./I.T.A. No.137/Rjt/2016 ("नधा"रण वष" / Assessment Year :2012-13) I.T.O, बनाम/ M/S Jagjit Builders & Ward-2(1), Developers, Vs. Rajkot. Ankur Apts., Dr. Floor, Aadarsh Society, B/H Ioc Bhavan, Race Course Ring Road, Rajkot. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadfj9480A (अपीलाथ" /Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से / Appellant By : Shri M.N. Maurya, Cit. D.R ""यथ" क" ओर से/Respondent By : Shri M.J. Ranpura, A.R सुनवाई क" तार"ख / Date Of Hearing 27/02/2020 घोषणा क" तार"ख /Date Of Pronouncement 28/02/2020 आदेश / O R D E R Per Bench: The Captioned Appeal Has Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)- 2, Rajkot [Ld. Cit(A) In Short] Dated 25/02/2016, Arising In The Matter Of Assessment Order Passed Under S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 27/02/2015 Relevant To Assessment Years (A.Y.) 2012-13. A.Y. 2012-13 The 1St Issue Raised By The Revenue Is That The Learned Cit (A) Erred In 2. Deleting The Addition Made By The Ao For Rs. 10,20,62,695/- On Account Of Unexplained Expenditure Under Section 69C Of The Act

section 801B(10), the appellant was required to complete the project by 31.03.2012 which had been carried out as per final completion certificate dated 22.03.2012. Thus, both decision relied on by the' AD are totally on different footing and are not distantly applicable to the facts of the case of the appellant. Therefore, the disallowance made by the AP falls

ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1, GANDHIHDAM, GANDHIDHAM, GUJARAT

In the result, appeal filed by the assessee, in ITA No

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

10. Aggrieved by the order of the assessing officer, the assessee, carried the matter in appeal before the Ld. CIT(A), who has deleted the addition made by the assessing officer. Before Id CIT( A), the assessee has submitted that said penalty is compensatory in nature and not penal in nature. The Id CIT(A) noticed that in section 46

ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. DCIT-ACIT CENT-2 RKT, RAJKOT

In the result, appeal filed by the assessee, in ITA No

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

10. Aggrieved by the order of the assessing officer, the assessee, carried the matter in appeal before the Ld. CIT(A), who has deleted the addition made by the assessing officer. Before Id CIT( A), the assessee has submitted that said penalty is compensatory in nature and not penal in nature. The Id CIT(A) noticed that in section 46

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2 , RAJKOT vs. ADITYA BIRLA GLOBAL TRADING(INDIA) PVT.LTD. (SWISS SINGAPORE INDIA PVT. LTD.), GANDHIDHAM

In the result, appeal filed by the assessee, in ITA No

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

10. Aggrieved by the order of the assessing officer, the assessee, carried the matter in appeal before the Ld. CIT(A), who has deleted the addition made by the assessing officer. Before Id CIT( A), the assessee has submitted that said penalty is compensatory in nature and not penal in nature. The Id CIT(A) noticed that in section 46

DCIT, CENTRAL CIRCLE 2, RAJKOT vs. ADITYA BIRLA GLOBAL TRADING (INDIA) PVT. LTD. (SWISS SINGAPORE INDIA PVT. LTD., GANDHIDHAM

In the result, appeal filed by the assessee, in ITA No

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

10. Aggrieved by the order of the assessing officer, the assessee, carried the matter in appeal before the Ld. CIT(A), who has deleted the addition made by the assessing officer. Before Id CIT( A), the assessee has submitted that said penalty is compensatory in nature and not penal in nature. The Id CIT(A) noticed that in section 46

M/S BACKBONE PROJECTS LIMITED.,,AHMEDABAD 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

10 by treating the assessee as a "Developer" of infrastructure projects instead of "Work Contractor" as treated by the Assessing officer. I.T.A Nos. 287, 288, 340 & 341/Rjt/2015 A.Y. 2005-06 & 2006-07 Page No 4 Backbone Projects Ltd. vs. DCIT & ACIT vs. Backbone Projects Ltd. 2) On the facts and in the, circumstances of the case

M/S BACKBONE PROJECTS LIMITED.,,AHMEDABAD 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

10 by treating the assessee as a "Developer" of infrastructure projects instead of "Work Contractor" as treated by the Assessing officer. I.T.A Nos. 287, 288, 340 & 341/Rjt/2015 A.Y. 2005-06 & 2006-07 Page No 4 Backbone Projects Ltd. vs. DCIT & ACIT vs. Backbone Projects Ltd. 2) On the facts and in the, circumstances of the case

THE ACIT, CEN. CIR.-2,, RAJKOT-GUJARAT vs. M/S. BACKBONE PROJECTS LTD.,, AHMEDABAD

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

10 by treating the assessee as a "Developer" of infrastructure projects instead of "Work Contractor" as treated by the Assessing officer. I.T.A Nos. 287, 288, 340 & 341/Rjt/2015 A.Y. 2005-06 & 2006-07 Page No 4 Backbone Projects Ltd. vs. DCIT & ACIT vs. Backbone Projects Ltd. 2) On the facts and in the, circumstances of the case

THE ACIT, CEN. CIR.-2,, RAJKOT-GUJARAT vs. M/S. BACKBONE PROJECTS LTD.,, AHMEDABAD

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

10 by treating the assessee as a "Developer" of infrastructure projects instead of "Work Contractor" as treated by the Assessing officer. I.T.A Nos. 287, 288, 340 & 341/Rjt/2015 A.Y. 2005-06 & 2006-07 Page No 4 Backbone Projects Ltd. vs. DCIT & ACIT vs. Backbone Projects Ltd. 2) On the facts and in the, circumstances of the case