MANISH GYANCHAND JAIN,GANDHIDHAM vs. ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, , GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

u/s 147 of the Act has to be limited to the extent they reduce the income to originally assessed and as such income for the purpose of re-assessment cannot be reduced beyond the income originally assessed. Therefore, in reassessment proceedings under section 147 of the Act, the assessee cannot seek a review of concluded item, unconnected with escapement

MANISH GYANCHAND JAIN,GANDHIDHAM vs. ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, , GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

u/s 147 of the Act has to be limited to the extent they reduce the income to originally assessed and as such income for the purpose of re-assessment cannot be reduced beyond the income originally assessed. Therefore, in reassessment proceedings under section 147 of the Act, the assessee cannot seek a review of concluded item, unconnected with escapement

MANISH GYANCHAND JAIN,GANDHIDHAM vs. ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, , GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

u/s 147 of the Act has to be limited to the extent they reduce the income to originally assessed and as such income for the purpose of re-assessment cannot be reduced beyond the income originally assessed. Therefore, in reassessment proceedings under section 147 of the Act, the assessee cannot seek a review of concluded item, unconnected with escapement

SHRI MANISH GYANCHAND JAIN ,GANDHIDHAM vs. THEACIT, GANDHIDHAM CIRCLE, GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

u/s 147 of the Act has to be limited to the extent they reduce the income to originally assessed and as such income for the purpose of re-assessment cannot be reduced beyond the income originally assessed. Therefore, in reassessment proceedings under section 147 of the Act, the assessee cannot seek a review of concluded item, unconnected with escapement

NILESH BIPINCHANDRA MEHTA HUF,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

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

unexplained credit of sale consideration for\nFirst Financial Services by treating same as penny stock script. The assessee\nhad submitted all details at the time of re-assessment proceedings u/s 147 of the\nAct and assessee had again submitted the same documents before the learned\nPCIT on dated 29.01.2022, 1102.2022 and 17.03.2022. Therefore, assessing\nofficer having examined all the documents

HANSA JITENDRA HARIA,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, the appeal of the assessee is dismissed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.104/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2013-14) (Hybrid Hearing) Hansa Jitendra Haria Vs. Principal Commissioner Of 2, Oswal Colony, Near Rajendra Income Tax Balkrindagan, Jamnagar, Gujarat Jamnagar 361005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahph4309L (Assessee) (Respondent)

Reassessment Order subjected to revision is not erroneous or nor it is prejudicial to interest of the Revenue and hence, impugned Order dt. 05/01/2024 needs to be quashed, ITA No. 104/RJT/2024/AY.2013-14 Hansa Jitendra Haria vs. PCIT 3. The learned PCIT has erred in law and in fact in disregarding the specific inquiry on the shares GLOBAL SECUR undertaken

M/S. SIMERO VITRIFIED P. LTD. ,MORBI vs. THE PR. CIT-3 , RAJKOT

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

investment allowance u/s 32AC has been claimed and the bifurcation of the electrification expenses shall be also verified. Subsequent to the inquiries & verification of all relevant aspects of the\n9\nITA 276/Rjt/2019 (AY 2016-17) SIMERO VITRIFIED P. LTD.\ncase, the AO shall pass a speaking order, after affording proper opportunity of being heard to the assessee.\n12. Aggrieved

BHARTIBEN PINAKIN BAJAJ,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2(1)(4),, RAJKOT

In the result, the grounds raised by the assessee are rejected and the appeals are dismissed

147 and notice u/s. 148 dated 24.03.2017 was issued and duly served upon the assessee. The assessee has not responded to the reassessment notice. Therefore a notice u/s. 142(1) of the Act was issued on 03.07.2017, again there was no response. Therefore a show cause notice dated 17.11.2017 was issued to the assessee for finalization of reassessment proceedings u/s

BHARTIBEN PINAKIN BAJAJ,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2(1)(4),, RAJKOT

In the result, the grounds raised by the assessee are rejected and the appeals are dismissed

147 and notice u/s. 148 dated 24.03.2017 was issued and duly served upon the assessee. The assessee has not responded to the reassessment notice. Therefore a notice u/s. 142(1) of the Act was issued on 03.07.2017, again there was no response. Therefore a show cause notice dated 17.11.2017 was issued to the assessee for finalization of reassessment proceedings u/s

YESHA DHIRAJLAL THAKRAR,RAJKOT vs. THE DCIT, NFAC DELHI, DELHI

In the result, appeal of the assessee in ITA no

Bench: Ld. Cit(A) From Penalty Order Dated 29.01.2022 (Din: Itba/Pnl/F/271(1)(B)/2021-22/1039193062(1)) Passed By Ld. Assessing Officer,Nfac, Delhi(Hereinafter Called “The Ao”) U/S 271(1)(B) Of The 1961 Act Levying Penalty Of Rs. 30,000/- Against The Assesse For Non Compliance Of Three Notices Dated 27.07.2021, 06.08.2021 & 16.08.2021 Issued During Reassessment Proceedings , All Three Aforesaid Notices U/S 142(1) Of The 1961 Act. The Proceedings Were Conducted Before Division Bench Through E-Court Through Virtual Hearing Mode.

reassessment order dated 17.09.2021 against the assessee u/s 147 read with Section 144 read with Section 144B of the 1961 Act, making an addition of Rs. 1,90,50,000/- against the assessee u/s 56(2)(vii) of the 1961 Act as an unexplained investment

ATUL VRAJLAL KARIA,RAJKOT vs. AC / DC (INT.TXN), RAJKOT

In the result, appeal filed by the assessee is allowed in above terms

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.133/Rjt/2025 "नधा"रणवष"/ Assessment Year: 2012-13 Atul Vrajlal Karia Ac/Dc (Int. Txn), बनाम C/O. D.S. Karia & Co. Ca, 203, Rajkot Cosmo Complex, Mahila College Vs. Chowk, Kalawad Road, Rajkot Pan : Adwpk6568J (अपीलाथ"/Appellant) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Kalpesh Doshi, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr

unexplained investment u/s 69 of the I.T. Act, 1961. 4. That, the Ld. CIT(A) has wrongly confirmed the addition of Rs. 77,756/-, on account of interest income. 5. That, the findings of the Ld. CIT(A) are not justified and are bad-in-law. 6. That, the appellant carves to add, amend, alter and delete

KUMAR RAMESH SAHU,RAJKOT, GUJARAT vs. ACIT, CIRCLE-2(2), RAJKOT, RAJKOT, GUJARAT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./I.T.A. No.336/Rjt/2023 (िनधा"रण वष" / Assessment Year : 2009-10) Kumar Ramesh Sahu बनाम/ The Acit, Sundaram, 72/3, New Cirtcle-2(3) Vs. College Wadi Rajkot – 60 001 150Ft5. Ring Road Opp. Meera Apartment Rajkot – 360 005 (Gujarat) "ायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aesps 5531 C (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By : Shri M.N. Manvar, Ld. Ar Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख / Date Of Hearing 13/01/2025 घोषणा की तारीख /Date Of Pronouncement 04/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha:

u/s. 148 of the Act and he merely relied on the information received from the other Assessing officer. It is a case when the Ld. AO failed to record his own satisfaction as to the escapement of income by the Appellant. 13. The Ld. DR. has relied on two judgments of the Hon'ble Supreme Court in the case

JITENDRABHAI DEVAJIBHAI BODAR,RAJKOT vs. INCOME TAX OFFICER, WARD-2(1)(1), RAJKOT, RAJKOT

In the result, the appeal is dismissed as not admitted”

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

reassessment. The proceedings u/s 147 of the I.T. Act, 1961 were initiated for the A.Y. 2013-14 and accordingly after recording reasons, a notice u/s 148 of the Act was issued on 28.04.2020, which was duly served upon the assessee through ITBA Portal/e- mail, in response to the notice, the assessee was required to furnish his ITR in the prescribed

SHRI MAHESH K. BHUTIYA,PORBANDAR vs. THE INCOME TAX OFFICER, WARD-2(3), PORBANDAR

147 of the Act has mentioned that the appellant did not submit any reply in relation to show cause notice dated 28/11/2017. Thus the AO presumed that the appellant was having nothing to say with regard to points raised in the show cause notice. Accordingly the AO made addition of Rs. 17,09,490/-(i.e. cash deposit

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)

u/s 147 r.w.s. 1448 of the Income-tax Act, 1961 on 27.03.2022 hs set aside for fresh assessment only to the extent of the issues discussed supraand direct the Assessing Officer to pass a fresh Nationsment order after making necessary enquiries relating to cash transactions made by the assessee with M/s reational Shroff and if not found satisfactorily, appropriate addition

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)

u/s 147 r.w.s. 1448 of the Income-tax Act, 1961 on 27.03.2022 hs set aside for fresh assessment only to the extent of the issues discussed supraand direct the Assessing Officer to pass a fresh Nationsment order after making necessary enquiries relating to cash transactions made by the assessee with M/s reational Shroff and if not found satisfactorily, appropriate addition

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)

unexplained investment being not fully disclosed. Therefore the Assessing Officer was satisfied this is a fit case of an escaped income within the meaning of Section 147 of the Act and the assessee failed to disclose fully and truly all material facts necessary for the assessment as per explanation 2(b) of 147 of the Act. Hence issued a notice

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)

unexplained investment being not fully disclosed. Therefore the Assessing Officer was satisfied this is a fit case of an escaped income within the meaning of Section 147 of the Act and the assessee failed to disclose fully and truly all material facts necessary for the assessment as per explanation 2(b) of 147 of the Act. Hence issued a notice