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

disallowance of claim of deduction under Section 80IA being profit from power generating unit of Rs. 86,04,245/-. 9. This

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

disallowance of claim of deduction under Section 80IA being profit from power generating unit of Rs. 86,04,245/-. 9. This

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

disallowed by LD AO but the same was allowed by CIT(A) stating that loss arising to the appellant ITA Nos.947/Rjt/2010 & 306/Rjt/2013 A.Ys.2007-08 & 2008-09. 7 is in the ordinary course of business and incidental thereto and was therefore a trading loss allowable under section 28 itself. 8. Even during the earlier years

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

disallowed by LD AO but the same was allowed by CIT(A) stating that loss arising to the appellant ITA Nos.947/Rjt/2010 & 306/Rjt/2013 A.Ys.2007-08 & 2008-09. 7 is in the ordinary course of business and incidental thereto and was therefore a trading loss allowable under section 28 itself. 8. Even during the earlier years

SHRI KAMLESH DEORAJ JAIN,GANDHIDHAM KUTCHH vs. THE ITO WARD 1 , GANDHIDHAM

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 62/Rjt/2025 ("नधा"रण वष"/Assessment Year: (2018-19) Kamlesh Deoraj Jain Income Tax Officer, Ward-1, Plot No 35-36, Devashish Gandhidham, Income Tax Vs. Sector-5 Gandhidham 370201 Office, Plot No.32, Sector No.3, Near Iffco Colony, Gandhidham-370 201 "ायी लेखा सं./जीआइआरसं./Pan/Gir No.: Adopj1769Q (अपीलाथ"/Appellant) (""थ"/Respondent)

245/-. The assessee`s case was reopened under section 148 of the Act, Kamlesh Deoraj Jain on the issue that assessee could not explain, the purchase of salt of Rs. 43,75,64,479/- from M/s. Ankur Chemfood Ltd, during the financial year 2017- 18, relevant to the assessment year 2018-19. During the assessment proceedings, the assessing officer noticed

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

disallowance made by assessing\nofficer is explanation given by assessee of dr/cr entries in cash and metals ledger.\n18.2 According to which each Dr. entry in the metal ledger is quantity released by SB\nand each Cr. entry is quantity lifted by the assessee. Since the order entry and\nreversal entry thereof was debited and credited in the metal ledger

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

disallowance made by assessing officer is explanation given by assessee of dr/cr entries in cash and metals ledger. 18.2 According to which each Dr. entry in the metal ledger is quantity released by SB and each Cr. entry is quantity lifted by the assessee. Since the order entry and reversal entry thereof was debited and credited in the metal ledger

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

disallowance made by assessing officer is explanation given by assessee of dr/cr entries in cash and metals ledger. 18.2 According to which each Dr. entry in the metal ledger is quantity released by SB and each Cr. entry is quantity lifted by the assessee. Since the order entry and reversal entry thereof was debited and credited in the metal ledger

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

disallowance made by assessing officer is explanation given by assessee of dr/cr entries in cash and metals ledger. 18.2 According to which each Dr. entry in the metal ledger is quantity released by SB and each Cr. entry is quantity lifted by the assessee. Since the order entry and reversal entry thereof was debited and credited in the metal ledger

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

Appeals are dismissed, Assessee's appeals are partly allowed

disallowance made by assessing\nofficer is explanation given by assessee of dr/cr entries in cash and metals ledger.\n18.2 According to which each Dr. entry in the metal ledger is quantity released by SB\nand each Cr. entry is quantity lifted by the assessee. Since the order entry and\nreversal entry thereof was debited and credited in the metal ledger

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

disallowance for A.Y.2015-16, should be confirmed. 59. We have given our thoughtful consideration to rival contention. We find merit in the submissions of ld. DR for the revenue to the effect that as per the provision of section 43B(f) of the Act, the eligibility for deduction arises in previous year in which payment liability is actually made

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

disallowance for A.Y.2015-16, should be confirmed. 59. We have given our thoughtful consideration to rival contention. We find merit in the submissions of ld. DR for the revenue to the effect that as per the provision of section 43B(f) of the Act, the eligibility for deduction arises in previous year in which payment liability is actually made

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

disallowance for A.Y.2015-16, should be confirmed. 59. We have given our thoughtful consideration to rival contention. We find merit in the submissions of ld. DR for the revenue to the effect that as per the provision of section 43B(f) of the Act, the eligibility for deduction arises in previous year in which payment liability is actually made

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

disallowance for A.Y.2015-16, should be confirmed. 59. We have given our thoughtful consideration to rival contention. We find merit in the submissions of ld. DR for the revenue to the effect that as per the provision of section 43B(f) of the Act, the eligibility for deduction arises in previous year in which payment liability is actually made

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

In the result, appeal of the assessee is dismissed

section 80IA(7) r.w.s 18BBB the audit report in form no. 10CCB is to be obtained and furnished on or before due date of filing of return so as to entitle the assessee to said deduction. With above observation, the AO disallowed the claim of deduction u/s 80IA of the Act. 4. The assessee filed appeal before

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. M/S TIRTH AGRO TECHNOLOGY PVT. LTD.,, GONDAL

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Smt. Madhumita Roy

section 131 of the Act have admitted the fact that they have signed the bills raised to the assessee as well as in the bank opening form. Furthermore, there are more glaring evidences such as the payment was made through account payee cheque after the deduction of TDS and Income Tax returns of the job workers. The assessee also submitted

RATHOD HOSPITAL EQUIPMENT AND FURNITURE MANUFACTURING CO.,,RAJKOT GUJARAT vs. THE INCOME TAX OFFICER, WARD 1(3),, RAJKOT

In the result, appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

Disallowance of loss claimed in 9,221/- the return of income 4. Dispute with regard to the above issue travelled to the Tribunal vide ITA No.23/RJT/2007. The appeal of the assessee was allowed for statistical purpose by the Tribunal vide order dated 2.8.1999 and the additions made at Rs,2,45,637/-, Rs.64,900/- and Rs.37,000/- were remitted back

THE ITO, WARD-3(1)(1),, RAJKOT-GUJARAT vs. SHRI GIRISHKUMAR M. PURUSWANI,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

245-Royal Complex, (Appellant) Dhebar Road, Rajkot PAN: ADKPP3934F (Respondent) Assessee Represented: Shri Mehul Ranpura, A.R. Revenue Represented: Shri Shramdeep Sinha, CIT-DR Date of hearing : 21-12-2022 Date of pronouncement : 31-01-2023 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- These three appeals are filed by the Revenue as against the three Appellate orders all dated