SHRI RAJESHKUMAR MAHESHBHAI MANEK,ANJAR KUTCH vs. THE ITO WARD-2, GANDHIDHAM-KUTCH, GANDHIDHAM-KUTCH

In the result, additional legal ground raised by the assessee is allowed

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

6. We have heard both the parties on this preliminary issue. We note that assessee has raised the additional ground on the legal issue challenging the validity of reassessment proceedings under section 147/148 of the Act. The facts relating to reopening the assessment under section 147/148 were there before the assessing officer.We note that it is purely a legal issue

HETALKUMAR PRAVINCHANDRA RAJYAGURU,RAJKOT vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

sections": [ "69A", "115BBE", "263", "143(3)", "142(1)", "69B", "69C", "43B", "133(6)" ], "issues": "Whether the reassessment order passed by the PCIT

LUNAR CERAMICS,WANKANER vs. PCIT-1, RAJKOT, RAJKOT

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

133(6) dated 23.01.2023 was\nissued to Haresh Sojitra calling for details of transactions entered into with the\nassessee. However, no response received by the Haresh Sojitra. The assessee\nstated that no transaction with the Haresh Sojitra during the assessment year, an\naffidavit was filed in support of this. After considering the assessment order\ncompleted on returned income

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ACIT, CENTRAL CIRL-1,, RAJKOT

In the result, appeals filed by the Revenue, in ITA No

Bench: Dr. Arjun Lal Saini & Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 134 & 135/Rjt/2023 (िनधा"रणवष" / Assessment Years: (2007-08 & 2008-09) Income Tax Officer, Ward- Shri Kherajmal Lekhrajbjai 5Th 1(2)(1), Aaykar Bhavan, Thavrani, 4- Parsana Nagar, Shri Vs. Floor, Room No. 517, Race Vaheguru Grupa, Near Refugee Course Ring Road, Rajkot-360 Colony, Rajkot-360 001 001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Adrpt 5807 E (Appellant) (Respondent)

section 124(3)(b) of the I.T. Act, 1961 in terms of which jurisdiction of an Assessing Officer cannot be called in question by on assessee after expiry of one month from date on which he was served with a notice for reopening assessment under section 148 of the I.T Act. 2. Thee learned CIT(A)-1 has erred

AJAYKUMAR NATWARLAL SHETH,RAJKOT vs. THE DCIT, CIRCLE 1(2) RAJKOT, RAJKOT

In the result, the assessee's appeal is allowed in the terms indicated above

section 147 of the Income tax Act, 1961.\nf. As the present case fall in the time limit of 4 years to 6 years from the end of the\nrelevant assessment year, the approval of the Pr.CIT is sought\".\n5.\nThe assessing officer, therefore, observed that Client Code Modification\nmeans modification / change of the client codes after execution of trades

JAY PRABHUDAS VITHALANI,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, both the appeals of the same assessee (ITA No

133(6) of the Act was issued to the parties with the prior approval\nfrom the authority and in reply the AO and relied \"Copy of Income tax Return,\ncopy of ledger account with your concern, copy of bank statement reflecting and\nhighlighting the entry of the transaction with assessee's concern, Copy of GST\nReturn.\"\nAll the above submissions

A.C.I.T CIRCLE-2(1), RAJKOT vs. SANSKAR DEVELOPERS, RAJKOT

In the result, the appeal filed by the Revenue is allowed for statistical purposes, whereas cross objection (CO ) filed by the assessee is dismissed

Bench: Dr. Arjun Lal Saini. & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 242/Rjt/2024 (िनधा"रण वष"/Assessment Year: (2015-16) Assisstant Commissioner Of Income- Sanskar Developers Tax, Circle-2(1), Rajkot, Room No. 311, Shop No. 1, Shri Raj Complex, 1- Vs. 3Rd Floor, Aayakar Bhawan, Race Madhav Park, B/H. Vijay Hostel, Course Road, Rajkot – 360001 150Ft Ring Road, Rajkot – 360004 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ackfs 2310 R (अपीलाथ"/Appellant) (""यथ"/Respondent)

133(6) of the Act to the third party, to make enquiry. The assessee submitted the documents and evidences before the Assessing Officer at the fag-end when the Assessing Officer did not have any option but to complete the assessment without having conducted any proper enquiry. The ld DR also submitted that on appeal, by the assessee, before Ld.CIT

KHUSHBOO JAYKUMAR VITHLANI,JAMNAGAR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR, JAMNAGAR

In the result, both the appeals of the same assessee (ITA No

Bench: Dr. Arjunlal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 75/Rjt/2025 ("नधा"रणवष" / Assessment Year: (2021-22) (Hybrid Hearing) Jay Prabhudasvithlani Vs. The Principal Commissioner Of 201, Varajresidency, 8 – Patel Colony, Income Tax, Gujarat – 361008 Aayakar Bhavan, Nr. Subhash Bridge, Jamnagar Rajkot Highway Gujarat – 361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abcpv0266A (Appellant) (Respondent)

133(6) of the Act was issued to the parties with the prior approval from the authority and in reply the AO and relied "Copy of Income tax Return, copy of ledger account with your concern, copy of bank statement reflecting and highlighting the entry of the transaction with assessee's concern, Copy of GST Return." All the above submissions

LATE CHHOTALAL VALLABHADAS DOSHI L/H. HEIR SMT. PRABHAVATIBEN CHHOTALAL DOSHI,JAMNAGAR vs. THE ITO WARD-1(3), JAMNAGAR

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

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकर अपीलसं./Ita No.698/Rjt/ 2024 ("नधा"रण वष" / Assessment Year: (2008-09) (Hybrid Hearing) Late Chhotalal Vallabhdas Doshi Vs. Ito Ward-1(3), Jamnagar. (Legal Heir Smt. Prabhavatiben Chhotalal Doshi). 505 Ajitnath Apartment, Near Indraprasth Tower, Jamnagar. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acdpd9371Q (Appellant) (Respondent) Appellant By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Shramdeep Sinha, Ld. Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing :23/12/2024 घोषणाक"तार"ख/Date Of Pronouncement :22/01/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 24/07/204, Which In Turn Assessment Order Passed By Assessing Officer Vide Order Dated 22/03/2016 Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”). 2. Grounds Of Appeal Raised By The Assessee Are As Under: 1. Hon. Cit(A) Erred In Law As Well As On Facts In Dismissing The Appeal By Contending That No Response Has Been Received From Assessee Although The Response Has Been Submitted Through Samadhan.Faceless.Appeal@Incometax.Gov.In As There Was No Income Tax Registration Due To Death Of The Assessee I.E. Chhotalal Doshi On Ita-698/Rjt/2024 (Ay-2008-09) Late Chhotalal Doshi Vs. Ito Ward-1(3), Jamnagar.

section 151 of the IT Act in mechanical manner and therefore, notice issued u/s 148 is invalid and reassessment proceedings are liable to be quashed. Hon. CIT(A) erred in confirming reopening of assessment. 6. Learned A.O. erred in law as well as on facts in making addition of total of credits appearing in bank accounts amounting to Rs. 6

JABIR AYOOB VAHEVARIA,JAMNAGAR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR, JAMNAGAR

In the result, assessee’s appeal ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita Nos.26/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Jabir Ayoob Vahevaria Principal Commissioner Of बनाम Plot No.3452 Gidc 3, Dared Income-Tax, Jamnagar, Jamnagar-361 004 ( Gujarat) Vs. Room No.101, 1St Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.:Aeqpv3027C "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) आयकरअपीलसं/.Ita Nos.27/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Altaf Ayoobbhai Vehvaria, Principal Commissioner Of बनाम Prop. Of K A Enterprise, Ground Income-Tax, Floor, Near Alamin Park, Vs. Jamnagar, Room No.101, 1St Vehwaria Madresa, Jamnagar- 361 004 Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.: Aempv7317M "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Cit- Dr

6. Considering the above facts, the Ld. PCIT issued show -cause notice to the assessee, u/s 263 of the Act, dated 11.12.2024, which is reproduced by ld.PCIT in his revision order under section 263 of the Act, vide page Nos.2 to 5. ITA No.26-27/Rjt/2025 A.Y.21-22 Jabir A Vahevaria& Altaf A Vehvaria 4 7. In response to above show cause notice

ALTAF AYOOBBHAI VEHVARIA,JAMNAGAR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR, JAMNAGAR

In the result, assessee’s appeal ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita Nos.26/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Jabir Ayoob Vahevaria Principal Commissioner Of बनाम Plot No.3452 Gidc 3, Dared Income-Tax, Jamnagar, Jamnagar-361 004 ( Gujarat) Vs. Room No.101, 1St Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.:Aeqpv3027C "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) आयकरअपीलसं/.Ita Nos.27/Rjt/2025 िनधा"रणवष"/Assessment Year : 2021-22 Altaf Ayoobbhai Vehvaria, Principal Commissioner Of बनाम Prop. Of K A Enterprise, Ground Income-Tax, Floor, Near Alamin Park, Vs. Jamnagar, Room No.101, 1St Vehwaria Madresa, Jamnagar- 361 004 Floor, Aaykar Bhavan, Nr. Shubhas Bridge, Jamnagar-361 001 /. /. Pan/Gir No.: Aempv7317M "थायीलेखासं जीआइआरसं (अपीलाथ"/Appellant) .. (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Chetan Agarwal, Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Cit- Dr

6. Considering the above facts, the Ld. PCIT issued show -cause notice to the assessee, u/s 263 of the Act, dated 11.12.2024, which is reproduced by ld.PCIT in his revision order under section 263 of the Act, vide page Nos.2 to 5. ITA No.26-27/Rjt/2025 A.Y.21-22 Jabir A Vahevaria& Altaf A Vehvaria 4 7. In response to above show cause notice

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ITO, WARD-1 (1) (2),, RAJKOT

section 124(3)(b) of the I.T. Act, 1961 in terms\nof which jurisdiction of an Assessing Officer cannot be called in question by on\nassessee after expiry of one month from date on which he was served with a notice for\nreopening assessment under section 148 of the I.T Act.\n2. Thee learned CIT(A)-1 has erred

LAXMANBHAI NATHUBHAI ZORA,PORBANDAR vs. ITO WARD 2(3),RAJKOT, PORBANDAR

Bench: Dr. Arjun Lal Saini(Hybrid Hearing) Assessment Year: (2012-13) Laxmanbhainathubhai Zora Vs. Ito, Ward-2(3) Rameshwari Krupa, Nr.Railway Pata Rajkot, Porbandar. Thakkar Plot, Porbandar. Pan : Aakpz 1087 E (Appellant) (Respondent)

section 147 of the Income Tax Act, 1961. 2.The grounds raised by the assessee, in the appeal, are as follows: (1) The Learned assessing officer has erred in law as well as on facts ininitiating reassessment procedure and Passing of assessment order without communication of Reason for reopening. (2) On the facts and circumstances of the case, the assessment order

SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,,JUNAGADH vs. THE INCOME TAX OFFICER-WARD 1(2)(4),, RAJKOT

section 124(3)(b) of the I.T. Act, 1961 in terms of which jurisdiction of an Assessing Officer cannot be called in question by on assessee after expiry of one month from date on which he was served with a notice for reopening assessment under section 148 of the I.T Act.\n2. Thee learned CIT(A)-1 has erred

THE INCOME TAX OFFICER-WARD-2,, JUNAGADH vs. SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,, JUNAGADH

section 143(3) read with section 263 of the Act and some of the\nassessment orders were passed by the Assessing Officer under section 153A r.w.s.\n143(3) of the Income Tax Act, 1961 (in short ‘the Act').The main ground of appeal by\nthe department (Revenue) is pertaining to assailing and deletion of 70% of additions\nmade on account

THE DY. COMMR. OF INCOME TAX, CEN. CIR.-1,, RAJKOT vs. BHARATKUMAR ISHWARBHAI BHATIYA,, RAJKOT

section 143(3) r.w.s. 263 of the Act and\nAssessing Officer made following addition:\n34\nH\nBHARATKUMAR ISHWARBHAI BHATIYA\nDHAMJIBHAI & KHIRAJMAL LEKHRAJBHAI THALVANI\ni.\nAddition an account of commission income of Rs. 8,61,446/-.\nii.\nAddition of peak credit in bank account of Rs. 46,50,353/-.\nOn appeal, before Ld. CIT(A), the assessee did not press ground

PARESHKUMAR NENSHIBHAI THAKKAR,RAJKOT vs. THE PCIT- RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini, Am.- & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.381&382/Rjt/2024 "नधा"रणवष" / Assessment Year: (2013-14, 2015-16) (Hybrid Hearing) Pareshkumar Nenshibhai Thakkar Vs. Aayakar Bhavan, 6, Dharmendra Road, Race Course Ring Road, Rajkot-360001. Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abdt0333R (Appellant) (Respondent)

133(SC), (2000) 243 ITR 83 (SC), wherein it was held as under: 5. That the Ld PCIT make an order dated 25/03/2024 with following observation “I am of the considered view that this is a fit case for invoking section 263 of IT. Act as the twin conditions namely,(i) the order of the Assessing Officer sought

PARESHKUMAR NENSHIBHAI THAKKAR,RAJKOT vs. THE PCIT-1, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini, Am.- & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No.381&382/Rjt/2024 "नधा"रणवष" / Assessment Year: (2013-14, 2015-16) (Hybrid Hearing) Pareshkumar Nenshibhai Thakkar Vs. Aayakar Bhavan, 6, Dharmendra Road, Race Course Ring Road, Rajkot-360001. Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abdt0333R (Appellant) (Respondent)

133(SC), (2000) 243 ITR 83 (SC), wherein it was held as under: 5. That the Ld PCIT make an order dated 25/03/2024 with following observation “I am of the considered view that this is a fit case for invoking section 263 of IT. Act as the twin conditions namely,(i) the order of the Assessing Officer sought