M/S. SHIVABYAY PROJECT PVT. LTD. ,GANDHIDHAM-KUTCH vs. THE INCOME TAX OFFICER, WARD-2,, GANDHIDHAM-KUTCH

In the result, the appeal of the assessee is allowed

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

section 144 of the Income Tax Act, 1961; in short “the Act”. 2. The assessee has taken the following grounds of appeal: “The grounds of appeal mentioned herein under are without prejudice to each other. 1.0 Ld. Commissioner of Income tax (Appeals)-l, Rajkot has erred in law in confirming the disallowance

AHLSTROM FIBERCOMPOSITES INDIA PVT. LTD.,,MUNDRA (KUTCH) vs. THE DY. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE,, GANDHIDHAM

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 437/Rjt/2018 धििाधरणणवध/Asstt. Year:2014-2015 Ahlstrom Munksjo Vs. D.C.I.T, Fibercomposites(India) Pvt. Ltd., Gandhidham Circle, Mundra Sez Integrated Textile & Gandhidham. Apparel Park (Mitap), Plot No.07, Survey No.141, Mundra, Kutch-370421. Pan: Aagca9137M (Applicant) (Respondent) Assessee By : Shri Tushar Hemani, A.R Revenue By : Shri Shramdeep Sinha, C.I.T Dr सुिणाईकीतारीख/Date Of Hearing : 06/12/2023 घोवणाकीतारीख/Date Of Pronouncement: 20/12/2023 आदेश/O R D E R Per Waseem Ahmed:

section 40(a)(ia) of the Act. The appellant prays that the addition made by the Learned AO in relation to the disallowance of reimbursement of bank guarantee commission be deleted. The appellant reserves the right to add, amend, alter or vary all or any of the above grounds of appeal as they or their representative may think

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:-

95,342/- which were claimed as exempt under Section 10 of the Act; however, the Assessing Officer failed to examine nexus between utilization of interest bearing fund for investment, income from which was claimed exempt for tax and failed to make disallowance

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:-

95,342/- which were claimed as exempt under Section 10 of the Act; however, the Assessing Officer failed to examine nexus between utilization of interest bearing fund for investment, income from which was claimed exempt for tax and failed to make disallowance

SHRI SAILESHBHAI SHAMBHUBHAI HIRPARA,JETPUR vs. THE DCIT, CIRCLE-1(2), RAJKOT

In the result, assessee’s appeal is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 59/Rjt/2020 ("नधा"रण वष" / Assessment Year : 2016-17) Shri Saileshbhai The Deputy बनाम/ Shambhubhai Hirpara Commissioner Of Income Vs. C/O. Nishan Export, Tax Dhoraji Road, Jetpur, Circle-1(2), Rajkot Rajkot - 360370 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaeph3006R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : None Shri Ashish Kumar Pandey, ""यथ" क" ओर से / Sr.D.R. Respondent By : सुनवाई क" तार"ख / Date Of 23/08/2023 Hearing घोषणा क" तार"ख /Date Of 30/08/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 28.01.2020 Passed By The Ld. Commissioner Of Income Tax (Appeals)-1, Rajkot (In Short ‘Cit(A)’) Arising Out Of The Assessment Order Dated 22.12.2018 Passed By The Dc/Ac, Circle-1(2), Rajkot Under Section

section 10(24), the same does form part of the total income under the prevision of the Act namely in the case of the partnership firm of Nisan Export. The legislature has made it very clear while the provision that it is only such income on which tax is not payable by anybody or at any stage that the corresponding

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

In the result, the appeal of the Assessee is allowed for Assessment

disallowed deduction under Section 80-IA(4) of the Act claimed by the assessee amounting to Rs. 3,95,76, 721/-. Before

HIMESH R. SHAH,JAMNAGAR. vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3,, JAMNAGAR.

In the result, the appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri T.R.Senthil Kumarassessment Year : 2014-15 Himesh R. Shah Vs. Acit, Cir.3 Parikh & Co. Jamnagar. Ranjit Road Jamnagar 361 001. अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri D.S. Varia, Ar Revenue By : Shri Shramdeep Sinha, Ld.Cit(Dr)

section 14A read with Rule 8D of the Income Tax Rules,1962, amounting to Rs.6,30,455/-. 4. At the outset itself, the ld.counsel for the assessee stated that disallowance was highly unjustified since the investment earning exempt income had not been made out of the business funds of the assessee, but out of his own personal funds. He therefore

RADHE RENEWABLE ENERGY DEVELOPMENT PVT LTD,RAJKOT vs. THE PCIT, RAJKOT-1, RAJKOT, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

95,000/- which was capable of generating tax free income. Thus, the disallowance was made under the provision of section

THE DY. COMMR. OF INCOME TAX, CIRCLE-1(1),, RAJKOT-GUJARAT vs. M/S. RADHE RENEWABLE ENERGY DEVELOPEMENT PVT. LTD.,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

95,000/- which was capable of generating tax free income. Thus, the disallowance was made under the provision of section

M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSTT. COMMR. INCOME TAX, CIRCLE-5,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

95,000/- which was capable of generating tax free income. Thus, the disallowance was made under the provision of section

THE DEPUTY COMMR. INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

95,000/- which was capable of generating tax free income. Thus, the disallowance was made under the provision of section

DY. COMMR. OF INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S TOPLAND FINCORP,, RAJKOT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble"नधा"रण वष"/ Asstt. Year: 2013-14 Dcit, Cir.1(2) M/S.Topland Fincorp Rajkot. 2, Umakant Pandit Vs. Udhyognagar Mavdi Plot Rajkot. (Applicant) (Responent) Revenue By : Shri Anil Kumar Das, Dr Assessee By : Shri Vimal Desai, Ar सुनवाई क" तार"ख/Date Of Hearing : 18/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 19/09/2019 आदेश/O R D E R Per Rajpal Yadav: Revenue Is In Appeal Before The Tribunal Against Order Of The Ld.Cit(A)-I, Rajkot Dated 24.4.2017 Passed For The Asstt.Year 2013-14. 2. In The First Ground Of Appeal, The Grievance Of Revenue Is That The Ld.Cit(A) Has Erred In Deleting The Disallowance Of Rs.3,26,821/- Which Was Disallowed By The Ao With The Help Of Section 14A Of The Income Tax Act, 1961. 3. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income Electronically On 16.9.2013 Declaring Total Income At Rs.(-)6,01,95,642/-. The 2 Ld.Ao Observed That The Assessee Has Shown Dividend Income Amounting To Rs.69,940/-. He Worked Out The Disallowance Required To Be Made Under Section 14A With Formula Given Under Rule 8D Of The Income Tax Rules At Rs.3,26,821/-. On The Appeal, The Ld.Cit(A) Has Deleted The Disallowance On The Ground That The Alleged Dividend Income Was Not Claimed As Exempt By The Assessee. The Ld.Cit(A) Has Relied Upon The Decision Of Hon’Ble Jurisdictional High Court In The Case Of Corrtech Energy P.Ltd., 45 Taxmann.Com 116. Hon’Ble High Court Has Held That If There Is No Exempt Income Claimed By The Assessee, Then No Disallowance Under Section 14A Required To Be Made.

disallowed by the AO with the help of section 14A of the Income Tax Act, 1961. 3. Brief facts of the case are that the assessee has filed its return of income electronically on 16.9.2013 declaring total income at Rs.(-)6,01,95

THE DY. COMMR. OF INCOME TAX, CIR.-2,, JAMNAGAR vs. SHRI RASIKLAL KHIMJI MODI,, PORBANDAR

In the result, the aforesaid issues are to restored to the file of Ld

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

95,27,323/- under Section 68 is restored to the file of Ld. CIT(Appeals) with respect to the aforesaid directions. 16. We observe that Ld. CIT(Appeals) has also deleted disallowance

M/S. KRISHNA DEVELOPERS,,JAMNAGAR vs. THE DY. COMMR. OF INCOME TAX, CEN. CIR.2,, RAJKOT-GUJARAT

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.458-459/Rjt/2015 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 M/S. Krishna Developers, D.C.I.T, 402, 4Th Floor, Oscar Apartment, Vs. Central Circle-2, Limda Lane, Rajkot. Jamnagar.

95,000.00 only and added to the total income of the assessee. The aggrieved assessee preferred an appeal to the learned CIT (A). 4. The assessee before the learned CIT (A) submitted that it had given temporary loan to its associated concern out of its own fund and interest-free unsecured loan amounting

M/S. KRISHNA DEVELOPERS,,JAMNAGAR vs. THE DY. COMMR. OF INCOME TAX, CEN. CIR.2,, RAJKOT-GUJARAT

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.458-459/Rjt/2015 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 M/S. Krishna Developers, D.C.I.T, 402, 4Th Floor, Oscar Apartment, Vs. Central Circle-2, Limda Lane, Rajkot. Jamnagar.

95,000.00 only and added to the total income of the assessee. The aggrieved assessee preferred an appeal to the learned CIT (A). 4. The assessee before the learned CIT (A) submitted that it had given temporary loan to its associated concern out of its own fund and interest-free unsecured loan amounting

M/S. SURENDRANAGAR DISTRICT CO-OP. MILK PRODUCERS UNION LTD. ,SURENDRANAGAR vs. THE DCIT, SURENDRANAGR CIRCLE,, SURENDRANAGAR

Appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No.262-263/Rjt/2018 ("नधा"रण वष" / Assessment Years: 2012-13 & 2013-14) बनाम/ M/S.Surendranagar District D.C.I.T, Co-Op. Milk Producers Surendranagar Circle, Vs. Union Ltd. Surendranagar. Wadhwan City, Surendranagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaas8375B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Jitender Kumar, Dr सुनवाई क" तार"ख / Date Of Hearing 17/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-7, Ahmedabad [Ld. Cit(A) In Short] Of Even Dated 12/01/2018, Arising In The Matter Of Assessment Order Passed Under 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 26/03/2015 Relevant To Assessment Years (A.Ys) 20012-13 & 2013-14. Ita Nos.262-263/Rjt/2018 A.Y.S 2012-13 To 2013-14 First, We Take Up Ita No. 262/Rjt/2018 For A.Y. 2013-14

section 36(1 )(va) of the I. T. Act, 1961. 3. That, the learned CIT(A) has wrongly confirmed the disallowance of expenses amounting to Rs. 6,13,744/- u/s. 40A(3) of the I.T. Act, 1961. 4. That, Learned CIT(A) has wrongly confirmed the disallowance amounting to Rs.40,000/- u/s.40

THE ITO, WARD-2(2),, JAMNAGAR vs. SMT. SHITALBEN SAURABH VORA,, JAMNAGAR

Appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No.262-263/Rjt/2018 ("नधा"रण वष" / Assessment Years: 2012-13 & 2013-14) बनाम/ M/S.Surendranagar District D.C.I.T, Co-Op. Milk Producers Surendranagar Circle, Vs. Union Ltd. Surendranagar. Wadhwan City, Surendranagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaas8375B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Jitender Kumar, Dr सुनवाई क" तार"ख / Date Of Hearing 17/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-7, Ahmedabad [Ld. Cit(A) In Short] Of Even Dated 12/01/2018, Arising In The Matter Of Assessment Order Passed Under 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 26/03/2015 Relevant To Assessment Years (A.Ys) 20012-13 & 2013-14. Ita Nos.262-263/Rjt/2018 A.Y.S 2012-13 To 2013-14 First, We Take Up Ita No. 262/Rjt/2018 For A.Y. 2013-14

section 36(1 )(va) of the I. T. Act, 1961. 3. That, the learned CIT(A) has wrongly confirmed the disallowance of expenses amounting to Rs. 6,13,744/- u/s. 40A(3) of the I.T. Act, 1961. 4. That, Learned CIT(A) has wrongly confirmed the disallowance amounting to Rs.40,000/- u/s.40

KANDLA EXPORT CORPORATION,,GANDHIDHAM vs. THE DY. COMMR. OF INCOME TAX, CEN. CIR.-2(3),, AHMEDABAD

In the result, the summaries and concise ground No

Bench: Dr. Arjun Lal Saini, Am.& Dinesh Mohan Sinha, Jm आयकरअपीलसं./It(Ss)A No.135/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2011-12) (Hybrid Hearing) The Deputy Commissioner Of Vs. Kandla Exports Corporation Income – Tax, Central Circle – 2(3), Plot No. 18, Maitri Bhavan, 3Rd Floor, A – 305, Aayakar Bhavan, Sector – 8, Gandhidham, Ahmedabad – 370201 Kutch- 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfk1906F (Assessee) (Respondent) आयकरअपीलसं./It(Ss)A No.136/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) The Deputy Commissioner Of Kandla Exports Corporation Vs Income – Tax, Central Circle – Plot No. 18, Maitri Bhavan, . 2(3), 3Rd Floor, A – 305, Aayakar Sector – 8, Gandhidham, Bhavan, Ahmedabad - 370201 Kutch- 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacfk1906F (Assessee) (Respondent)

95,62,067/-, though there were some errors in valuation of closing stock on FIFO basis.[This ground No.2 is in Revenue’s appeal in ITA No.135/Ahd/2016 for A.Y. 2011-12] 3.Ground No.3:The Ld. CIT(A) has erred in law and on facts in detecting the addition on account of disallowance of handling/ spillage/wastage loss