SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

In the result, appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

3) r.w.s. 153A. When these assessments have been framed and the appeals have been decided by the ld.CIT(A), the law with regard to jurisdiction of the AO for passing the assessment order in search case under section 153A has not been developed, as it is available today. It has been developed subsequent to passing of such order, and therefore

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

In the result, appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

3) r.w.s. 153A. When these assessments have been framed and the appeals have been decided by the ld.CIT(A), the law with regard to jurisdiction of the AO for passing the assessment order in search case under section 153A has not been developed, as it is available today. It has been developed subsequent to passing of such order, and therefore

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

In the result, appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

3) r.w.s. 153A. When these assessments have been framed and the appeals have been decided by the ld.CIT(A), the law with regard to jurisdiction of the AO for passing the assessment order in search case under section 153A has not been developed, as it is available today. It has been developed subsequent to passing of such order, and therefore

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

In the result, appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

3) r.w.s. 153A. When these assessments have been framed and the appeals have been decided by the ld.CIT(A), the law with regard to jurisdiction of the AO for passing the assessment order in search case under section 153A has not been developed, as it is available today. It has been developed subsequent to passing of such order, and therefore

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

In the result, appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

3) r.w.s. 153A. When these assessments have been framed and the appeals have been decided by the ld.CIT(A), the law with regard to jurisdiction of the AO for passing the assessment order in search case under section 153A has not been developed, as it is available today. It has been developed subsequent to passing of such order, and therefore

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

In the result, appeal of the assessee is partly allowed for statistical purpose

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

3) r.w.s. 153A. When these assessments have been framed and the appeals have been decided by the ld.CIT(A), the law with regard to jurisdiction of the AO for passing the assessment order in search case under section 153A has not been developed, as it is available today. It has been developed subsequent to passing of such order, and therefore

M/S AMBITIOUS FINANCE & INVESTMENT PVT. LTD.,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-2(4),, RAJKOT-GUJARAT

The appeal of the assessee is dismissed

Bench: Mrs. Annapurna Gupta & Mrs. Madhumita Royिनधा"रणवष"/Assessment Year: 1997-98 M/S. Ambitious Finance & Vs. Income Tax Officer, Investment Pvt. Ltd., Ward- 2(4), 107, Kapad Market, Para Bazar, Rajkot Rajkot Pan : Aabca 8076 C अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Written Submission Revenue By : Shri V.J. Boricha, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 14.12.2022 घोषणा क" तारीख /Date Of Pronouncement: 06.03.2023 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta:

234B and 234C. The same needs suitable reduction. 3 M/s. Ambitious Finance & Investment Pvt Ltd Vs. ITO AY : 1997-98 8. Without prejudice, the assessment made is bad in law and deserves annulment. 9. Without prejudice, no adequate, sufficient and reasonable opportunity has been provided while framing assessment. The assessment needs annulment. 10. Without prejudice, no adequate, sufficient and reasonable

SHRI PRASHANT TRIVEDI, PROP. OF KUDOS SHIPPING CORPORATION,,BHAVNAGAR vs. THE INCOME TAX OFFICER, INTERNATIONAL TAXATION,, GANDHIDHAM

In the result, both the appeals of the assessee are allowed

penalty proceedings u/s 271(1)(c) of the Act.” 3. The fact in brief is that the assessee on behalf of M/s. Faber Ship Brokers APS, Denmark has filed a provisional and final return of income on I.T.A Nos. 572 & 573/Rjt/2012 A.Y. 2010-11 Page No 3 Shri Prashant Trivedi vs. ITO 13th May, 2009 without paying freight tax claiming

KANDLA STEEL PRIVATE LTD.,,GANDHIDHAM-KUTCH vs. DY. COMMR. OF INCOME TAX, CIRCLE, GANDHIDHAM

In the result, the appeal of the assessee is dismissed

Bench: Arriving At Conclusion Against The Appellant, Hence, The Order Passed Is Against The Principles Of Natural Justice & Jurisprudence.

234B, U/s. 234D and interest recovered U/s. 244A of the Act may please be cancelled. (iii) That the penalty proceedings initiated, u/s. 271(1)(c) of the Act may please be cancelled. (iv) such other relief or deduction as the facts and circumstances of the case so requires be granted. [9] The appellant craves leave to add, alter, amend, modify

JITENDRABHAI BHAGVANBHAI DALVADI,SURENDRANAGAR vs. ITO WARD 2, MORBI

In the result, the appeal of the assessee is allowed

Bench: DR. ARJUN LAL SAINI (Accountant Member), SHRI DINESH MOHAN SINHA (Judicial Member)

penalty proceedings u/s 271(1)(c) and 271(1)(b) of the I.T. Act, 1961 Jitendrabhai B Dalvadi 2 4. That, the Ld. CIT(A) has wrongly confirmed levy of interest u/s 234A, 234B & 234C of the Income Tax Act, 1961. 5. That, the findings of the Ld. assessing officer and Ld. CIT(A) are not justified

M/S. SHREEDHAR CONSTRUCTION ,JAMNAGAR vs. THE ITO WARD- 1 (3) JAMNAGAR, JAMNAGAR

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

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 542/Rjt/2025 (Assessment Year: 2014-15) (Hybrid Hearing) M/S. Shreedhar Construction, The Ito, Vs. 211, Divyam Complex Airodrome Ward-1(3), Road,Jamnagar-361006 ( Gujarat) Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclfs0395R (अपीलाथ"/Appellant) (""यथ"/Respondent)

penalty proceedings u/s 271(1)(b) and 271(1)(c) of the I.T. Act, 1961. 6. That, the Ld. CIT(A) wrongly confirmed levy of interest u/s 234A and 234B of the I.T. Act, 1961.” 3. The relevant material facts, as culled out from the material on record, are as follows. The assessee, is a partnership- firm

SHRI RAHENDRASINH P. JADEJA,,RAJKOT-GUJARAT vs. THE DY. COMMR. INCOME TAX, CEN. CIRCLE-II,, RAJKOT-GUJARAT

In the result, the appeal of the assessee is partly allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकरअपीलसं./Itano.562/Rjt/2014 िनधा"रणवष"/Asstt. Year: 2008-2009 Shri Rahendrasinh P. Jadeja, D.C.I.T, Pradhuman Villa, Vs. Central Circle-2, Opp. Neel Da Dhaba, Rajkot. Kalawad Road, Rajkot. Pan: Abopj5431H

u/s 234A, 234B, and 234C of the Asstt. Year 2008-09 4 Act is compensatory in nature. Therefore he should be given credit with effect from the day of the seizure of cash. 5. However, the ''Ld.CIT (A) disregarded the contention of the assessee by observing that the cash seized as a result of the search can be appropriated against

KANTILAL RANCHHODBHAI NAKUM,JAMNAGAR vs. ITO WARD - 1(3), JAMNAGAR

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./ Ita No.551/Rjt/2025 Assessment Year: 2015-16 Kantilal Ranchhodbhai Nakum Income Tax Officer, Ward-1(3), Plot No.762, Gidc, Phase-2, बनाम/ Jamnagar, Aaykar Bhawan, Nr. Dared, Jamnagar-361 004 Vs. Chamber Of Commerce Hall, Jamnagar- Rajkot Highway, Jamnagar-361 001 "ायीलेखासं/.जीआइआरसं./ Pan/Gir No.: Aflpn 8072 P (अपीलाथ"/Appellant) (""थ"/Respondent) : िनधा"रती की ओर से/Assessee By : Shri Ravindra Manek, Ar राज" की ओर से/Revenue By : Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 17/12/2025 घोषणा की तारीख/Date Of Pronouncement : 13/02/2026 आदेश / O R D E R Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2015-16, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals) [In Short, “Cit(A)”] Dated 29.07.2025, Which In Turn Arises Out Of An Assessment Order Passed By Assessing Officer U/S 147 R.W.S. 144B Of The Act, On 12.05.2023. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1.The Hon’Ble Cit(A) Erred In Law & On Facts In Confirming Reopening Of Assessment U/S 148 Of The Act.

234B & 234C of the Income-tax Act, 1961. 10. The Hon’ble CIT(A) erred in law and on facts in confirming initiation of penalty u/s 271(1)(c) of the Income-tax Act, 1961. 11. The appellant craves leave to add, alter, amend, or withdraw any of the above grounds during the course of appellate proceedings.” 3

MAHENDRAKUMAR BHANJIBHAI CHHANIYARA,RAJKOT vs. THE ITO WARD 1 (2) (1) RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No. 280/Rjt/2025 (निर्धारणवर्ष/Assessment Year: (2016-17) Mahendrakumar Bhanjibhai Income Tax Officer, Chaniyara, Gaushala Plot, Kolki बनाम Ward-1(2)(1), Rajkot, Aaykar Rajkot, Kolki So, Bhawan, Rajkot-360001 /Vs. Rajkot-360470 स्थायी लेखा सं./जी आइआरसं./Pan/Gir No.: Astpc9150G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) निर्धारितीकीओरसे/Appellant By : Shri Jaimin Shah, Ld. A.R. राजस्वकीओरसे/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. D.R. सुनवाईकीतारीख / Date Of Hearing : 18/08/2025 घोषणाकीतारीख/Date Of Pronouncement : 19/08/2025 आदेश / Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Order (Ay) 2016-17, Is Directed Against The Order Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Passed By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax(Appeals) (In Short "Ld.Cit(A)",Dated 12.03.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S 144 Of The Act, Dated 28.02.2024. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

271(1)(b) of the IT Act 1961 requires to be dropped. 10. That the appellant is an individual and not having any taxable Income and as such not required to file Income Tax return u/s 139 of the Income Tax Act 1961 Therefore, the penalty initiated u/s 271F of the Income Tax Act 1961 is require to be dropped

NILESH ASHANAND THACKER,BHUJ vs. ITO WARD 4, GANDHIDHAM (BHUJ)

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.377/Rjt/2025 (िनधा"रण वष" /Assessment Year: (2012-13) (Physical Hearing) Nilesh Ashanand Thacker, बनाम Income-Tax Officer, Ward-4, / Near-Laxmi Vekari Mahakali Gandhidham (Bhuj-2)-370 201 Vs. Shopping Mall, Jublee Circle, Bhuj, Kutch-300 001(Gujarat) "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Adhpt 8610R (अपीलाथ"/ Appellant) (""थ"/Respondent)

penalty proceedings u/s 271(1)(c) of the I.T. Act, 1961. 4. That the Ld. CIT(A) has wrongly confirmed levy of interest u/s 234A, 234B and 234C of the I.T. Act, 1961. 5. That the findings of the Ld. AO and Ld. CIT(A) are not justified and are bad-in- law. That the appellant craves leave

SHRI BHARATBHUSHAN KISHANLAL GUPTA,GANDHIDHAM vs. THE ITO- INTERNATIONAL TAXATION , GANDHIDHAM

In the result, the appeal is allowed in the terms indicated above

Bench: Dr. Arjun Lalsaini. & Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 269/Rjt/2019 (Assessment Year: 2017-18) (Hybrid Hearing) Bharatbhushan Kishanlal Vs. The Income Tax Officer, Gupta, (International Taxation) Prop. Of Aqua Shipping, Suit - Gandhidham – 370210 100, Grain Merchant Association Bldg., 2Nd Floor, Plot No. 297, Wd – 12B, Gandhidham – 370001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afcpg3849N (अपीलाथ"/Assessee) (""यथ"/Respondent)

penalty proceedings u/s 271(1)(c) of the Act, mechanically. 8. The learned Commissioner of Income Tax (Appeals) erred on facts as well as in law in confirming the charging of interest u/s. 234A, 234B, and 234C of the Act, when addition itself not sustainable.” 3. Additional ground raised by the assessee, is as follows: "The Order passed u/s

SHRI RAHIM UMARBHAI RAVKARDA,RAJKOT vs. THE ACIT, CIRCLE-3(1),, RAJKOT

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

penalty proceedings u/s 274 r.w.s. 271(1)(c) of the I.T. Act, 1961. 4. That, the Ld. CIT(A) has wrongly confirmed levy of interest u/s 234A, 234B and 234C of the I.T. Act, 1961. 5. That, the findings of the Ld. AO and Ld. CIT(A) are not justified and are bad-in-law. 6. That appellant craves

P THREE CONSTRUCTION CO.,NAKHATRANA vs. ITO, WARD-2, BHUJ, BHUJ

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No.954/Rjt/2024

section 143(3) of the Income Tax Act, 1961 (in short “the Act”), vide order dated 27.12.2017. 2. Grounds of appeal raised by the assessee are as follows: 1) The grounds of appeal mentioned hereunder are without prejudice to one another. 2) The order of the Ld. AO in so far as he assessed the total income