SHRI RAJKOT DISTRICT CO-OPERATIVE BANK LTD.,RAJKOT vs. THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2), RAJKOT , RAJKOT

The appeal is dismissed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.196/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2011-12) Shri Rajkot District Co-Operative Vs. The Deputy Commissioner Of Bank Ltd., Income-Tax, Circle-1(1), Jilla Bank Bhavan, Kasturba Road, Aayakar Bhavan, Race Course Ring Opp. Chaudhary High School, Road, Rajkot-360001 Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afups2094H (Appellant) (Respondent) Appellant By : Shri D.M. Rindani, Ld. Ar Respondent By : Smt. Pallavi, Ld. Cit(Dr) : 06/08/2025 Date Of Hearing Date Of Pronouncement : 04/11/2025 आदेश / O R D E R Per, Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay)-2018-19, Is Directed Against The Order Passed By The Commissioner Of Income Tax Office [(In Short “Ld.Cit(A)”] Vide Order Dated 29.12.2023, Which In Turn Assessment Order Passed By Income Tax Department / Assessing Officer Under Section 144C(1) Of The Income Tax Act, 1961 (In Short “The Act”), Vide Order Dated 30.03.2023 2. Grounds Of Appeal Raised By The Assessee, Are As Follows:

disallowance of provision Rs. 60 Lakh made for standard assets attendance fund. Since, this ground not pressed during the course of argument. Hence, we do not adjudicate Ground No. 1 the Ground No. 1 has dismissed. (ii) Ground No 2 deal with an amount of Rs. 25,00,00,000/- transferred from bad and doubtful debts provision for rural Page

THE DY. COMMR. OF INCOME TAX, CIRCLE-1,, JAMNAGAR vs. M/S. DEEP RECYCLING IND.,, JAMNAGAR

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

10A the amount of communication expenses should be excluded from the total turnover if the same are reduced from export turnover.” After having reliance in the above judgments, we hold that the amount of freight and insurance needs to be excluded from the export turnover as well as from the total turnover while calculating the amount eligible for ITA Nos.367

THE ACIT, CIRCLE-2,, JAMNAGAR vs. M/S. DEEP RECYCLOING INDUSTRIES,, JAMNAGAR

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

10A the amount of communication expenses should be excluded from the total turnover if the same are reduced from export turnover.” After having reliance in the above judgments, we hold that the amount of freight and insurance needs to be excluded from the export turnover as well as from the total turnover while calculating the amount eligible for ITA Nos.367

GODHAVADAR SEVA SAHAKARI MANDALI LTD.,GODHAVADAR, LILIYA MOTA, AMRELI-365535 vs. THE ADIT (CPC), BANGALORE, BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

2,01,930/- 3. The brief facts of the case are that the assessee is a co-operative society, who filed return of income on 30-11-2020 declaring total income of " " Nil and claimed deduction of 6,53,498/-under section 80P of the Act. Thereafter, the assessee received intimation under section 143(1)(a) of the Act making

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. M/S ATUL AUTO LIMITED,, SHAPAR.VERAVAL

The appeal is allowed

Bench: Shri Waseem Ahmed & Shri T. R. Senthil Kumar

10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C,—Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder”. The wordings of section 80A(5) clearly mentions that claim should be made in return of income. The word return of income includes return

ATUL AUTO LIMITED,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT

The appeal is allowed

Bench: Shri Waseem Ahmed & Shri T. R. Senthil Kumar

10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C,—Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder”. The wordings of section 80A(5) clearly mentions that claim should be made in return of income. The word return of income includes return

ALIADAR SEVA SAHAKARI MANDLI LTD.,,GIR SOMNATH vs. INCOME TAX OFFICER, WARD-4, , VERAVAL

In the result, appeal of the assessee is dismissed

2. The ld. Commissioner of Income Tax (Appeals) -3 Rajkot has erred in law dismissing appeals ex-parte by alleging that the appellant is not interested in put suit the appeal, though the appellant filed written submission on 26/09/2017 in the office of the ld. CIT(A)-3 Rajkot. The deduction u/s.80P of the Act totally disallowing unjustified on facts

ALIDAR SEVA SAHAKARI MANDLI LTD.,,GIR SOMNATH vs. INCOME TAX OFFICER, WARD-4,, VERAVAL

In the result, appeal of the assessee is dismissed

2. The ld. Commissioner of Income Tax (Appeals) -3 Rajkot has erred in law dismissing appeals ex-parte by alleging that the appellant is not interested in put suit the appeal, though the appellant filed written submission on 26/09/2017 in the office of the ld. CIT(A)-3 Rajkot. The deduction u/s.80P of the Act totally disallowing unjustified on facts

ALIDAR SEVA SAHAKARI MANDLI LTD.,,GIR SOMNATH vs. INCOME TAX OFFICER, WARD-4,, VERAVAL

In the result, appeal of the assessee is dismissed

2. The ld. Commissioner of Income Tax (Appeals) -3 Rajkot has erred in law dismissing appeals ex-parte by alleging that the appellant is not interested in put suit the appeal, though the appellant filed written submission on 26/09/2017 in the office of the ld. CIT(A)-3 Rajkot. The deduction u/s.80P of the Act totally disallowing unjustified on facts

BATAVA DEVLI SEVA SAHAKARI MANDALI LTD.,BATAVA DEVLI, TAL. KUNLAVA, DIST. AMRELI. vs. THE ADIT, (CPC), BANGALORE, BANGALORE

In the result, appeal of the assessee is allowed

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

10A shall be allowed to an assessee who does not furnish its return on or before due date specified under section 139(1) is a mandatory provision. Accordingly, the Ld. Departmental Representative submitted that, evidently, the assessee had filed return of income beyond the due date prescribed under section 139(1) of the Act. Therefore, in light of the above

BAN LABS PRIVATE LIMITED,RAJKOT vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAJKOT, RAJKOT

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.202/Rjt/2024 ("नधा"रण वष" / Assessment Year: 2018-19) Ban Labs Pvt. Ltd., Vs. Principal Commissioner Of Ban House, Dr. Vikram Sarabhai Income Tax-1, Nagar, Gondal Road (South), Rajkot Rajkot-360004 (Gujarat) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacb8999C (Appellant) (Respondent)

10A /10AA iv. Expenses Incurred for Earning Exempt Income Deduction from Total Income under Chapter VI-A” v. 11. In response to the notice under section 142(1) of the Act, the assessee submitted its reply, dated 06.01.2021 which is placed at Paper Book Page No. 25. The relevant portion of the reply is reproduced below: ITA No.202/RJT/2024/AY.2018-19 Ban Labs

THE ITO, WARD-2,, JUNAGADH vs. M/S D. JEWEL,, JUNAGADH

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.350/Rjt/2017 िनधा"रण वष"/Asstt. Year: 2013-2014 Income Tax Officer, M/S. D. Jewel, Ward-2, Vs. 1-Shishu Mangal Road, Junagadh. Gandhigram, Junagadh.

2 of 5 Asstt. Year 2013-14 deduction under section 10A of the Act has been discontinued with effect from A.Y. 2012- 13 for the newly undertaking/unit. Therefore, it was not possible for claiming the deduction under this said section. Thus, any deduction claimed under section 10A of the Act cannot be said that it was claimed by the assessee

M/S. PATEL BRASS WORKS PVT. LTD. ,RAJKOT vs. THE ACIT-CIRCLE-5, RAJKOT

In the result, appeal of the assessee is dismissed

disallowed the claim of deduction u/s 80IA of the Act. 4. The assessee filed appeal before Ld. CIT(A) and during appellate proceedings, the assessee has not controverted the fact that deduction u/s 80IA was not claimed in the return of income, and that revised return of income was not filed within the stipulated time

SHRI KUTCH VISA OSWAL JAIN DERAWASI SANGH BIDADA,MANDVI vs. THE ITO EXEMPTION, WARD (1), RAJKOT., RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 160/Rjt/2025 ("नधा"रणवष" / Assessment Year: (2017-18) (Hybrid Hearing) Shri Kutch Visa Oswal Jain Derawasi The Ito Exemption, Ward (1), Vs. Sangh Bidada, P.O. Bidada, Rajkot. New Aayakar Bhavan, Race Mandvi 370435 Course Ring Road, Rajkot 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabts0457L (Appellant) (Respondent)

section 11(2) of Rs. 15,00,0 00 shall be allowed to the assessee. 4. The assessee filed an appeal against the order dated 24-11-2019 on application u/s. 154 of rectification whereby, the claim of the assessee was disallowed, before the Ld. CIT(A) on dated 07-12-2019. The Ld. CIT(A) has issued six notices

YASMEEN WASEEM PARMAR ,JAMNAGAR vs. THE PR. CIT , JAMNAGAR

Bench: Dr. A. L. Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.194/Rjt/2024 Assessment Year: (2013-14) (Physical Hearing) Yasmeen Waseem Parmar, Vs. Principal Commissioner Of Bawa No Delo, Opp. Old Post Income Tax, Office, Nagarpara Main Road, Jamnagar O/S. Khambhaliya Gate, Jamnagar, Gujarat-361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aijph3607F (Assessee) (Respondent)

10A or section 10B or section 10BA or section 54 or section 54B or section 54D or section 54EC or section 54F or section 54G or section 54GA or section 54GB or Chapter VI-A exceeded the maximum amount which is not chargeable to income-tax, shall, on or before the due date, furnish a return of his income

RAMNIKLAL GORDHANDAS KOTECHA,RAJKOT vs. ASSTT. COMMR. OF INCOME TAX, CIRCLE-2(1),, RAJKOT

In the result, both the appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

2. The Ld. A.O. grievously erred in law and on facts in disallowing the claim of the appellant u/s.10AA in respect of export of H-Form basis. On the facts and circumstances of the case it is contended that the claim of the appellant was well founded and was in accordance with law and ought to have been allowed

RAMNIKLAL GORDHANDAS KOTECHA,RAJKOT vs. ASSTT. COMMR. OF INCOME TAX, CIRCLE-2(1),, RAJKOT

In the result, both the appeals filed by the assessee are allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

2. The Ld. A.O. grievously erred in law and on facts in disallowing the claim of the appellant u/s.10AA in respect of export of H-Form basis. On the facts and circumstances of the case it is contended that the claim of the appellant was well founded and was in accordance with law and ought to have been allowed

THE ASSISTANT COMMR. OF INCOME TAX, CIRCLE-3,, JAMNAGAR vs. AKSHAR METALS,, JAMNAGAR

In the result appeal of the Revenue is hereby dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.246/Rjt/2015 िनधा"रण वष"/Asstt. Year: 2011-2012 & अपील सं./Ita No.161/Rjt/2016 िनधा"रण वष"/Asstt. Year: 2012-2013 A.C.I.T., M/S Akshar Metals, Circle-3, Vs. Geetanjali, Jamnagar. Summair Club Road, 2, Hathi Colony, Jamnagar. Pan: Aapfa6505K

disallowance made by Assessing Officer is deleted in preceding paras, this issue has purely become academic hence same is not adjudicated. This ground of appeal is dismissed, 7 In the result appeal is partly allowed. 8. Being aggrieved by the order of the learned CIT-A the Revenue is in appeal before us. 9. The learned DR before us vehemently