SHRI CHANDUBHAI RAMJIBHAI KAQTHIRIYA,JASDAN, DIST. RAJKOT-364490 vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

Bench: Or At The Time Of Hearing Of Appeal.”

68 r.w.s. 115 BBE of the Act. Therefore, in our view it is not a case where the AO had not made due enquiries and also not the case where the AO had not applied his mind during the course of assessment proceedings on the issue in hand. Regarding the scope of proceedings

ABROAD VITRIFIED PVT LTD,MORBI vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, appeal of assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita Nos.144/Rjt/2023 "नधा"रणवष"/Assessment Year : 2018-19

68 of the Act w.e.f. 01.04.2013 relating to verification of source of the source, as well. 12. In respect of unsecured loans, the assessee need not to prove the source of the source, however assessee submitted sufficient documents and evidences before the assessing officer, such as, copies of ITR, Bank statements, confirmation, name and address and PAN number

M/S. EMBOZA GRANITO PVT. LTD. ,MORBI vs. THE PR. CIT-3 , RAJKOT

In the result, appeal filed by assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 240/Rjt/2019 िनधा"रण वष"/Asstt. Years: 2016-2017

68 of the Act in respect of share capital & unsecured loan introduced/raised during the year and the claim of depreciation and additional depreciation. The Pr. CIT-3 made the following observations while passing the Order:- In view of the above, since the twin conditions namely, (i) the order of the Assessing Officer sought to be revised is erroneous

M/S. PERTH CERAMIC PVT. LTD.,MORBI vs. THE PR. CIT-3, RAJKOT, RAJKOT

In the result, appeal filed by assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 191/Rjt/2019 िनधा"रण वष"/Asstt. Years: 2015-2016 M/S. Perth Ceramic Pvt. Ltd., The Principal Commissioner Of At. Unchi Mandal, Vs. Income Tax-3, Opp. 66 Kva Sub Station, Rajkot. Morbi-363641. Pan: Aahcp6296P

68 of the Act in respect of share capital of Rs. 15,15,02,000/- out of total share capital introduced of Rs. 19,99,00,000/- and gave a direction to revise the income, after allowing an opportunity of hearing to the assessee. The Pr. CIT-3 made the following observations while passing the Order:- “9. As noted above

CORUS VITRIFIED PVT. LTD.,MORBI vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

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

68 of the Act in the assessment for A.Y. 2013-14. The assessee had filed appeal against the aforesaid order and the appeal was finally closed under the Vivad Se Vishwas Scheme. Accordingly, once the unsecured loans have been taxed in the hands of the assessee at the time when they were received by the assessee

ACTIONWARE INDIA PRIVATE LIMITED ,RAJKOT vs. THE PCIT-1, RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.317/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2014-15 Actionware India Pvt. Ltd. The Pr.Cit-1 बनाम 316, Sagar Arcade Rajkot. Gandal Road Vs. Opp: Union Bank Of India Rajkot 360 002 (Gujarat) Pan : Aacck 3445 Q (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri D.M. Rindani, Ld.Ar राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr

68 of the Act is not applicable to the impugned loan obtained by the assessee as it was duly repaid in the subsequent year and that identity, creditworthiness and genuineness was also established by the assessee.We note that section 263 of the Act, speaks of revision of orders prejudicial to revenue. As per the said section and various

SAPPHIRE RECLAIM RUBBER PRIVATE LIMITED,SHAPAR, RAJKOT vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX -1, RAJKOT

In the result, appeal filed by the Assessee is rejected

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 272/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2014-15) (Hybrid Hearing) Sapphire Reclaim Rubber Pvt. Ltd. Vs. The Principal Commissioner Of Bhoomi Industrial Area, Plot No: Income Tax-1, 2Nd Floor Aayakar Bhawan, Race 1/44, National Highway 27, Veraval (Shapar), Course Ring Road, Rajkot - 360311 Rajkot Gujarat - 361006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aapcs6205B (Appellant) (Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Sr. (Dr) Date Of Hearing : 30/07/2025 Date Of Pronouncement : 28/10/2025

167 [Page No. 68-78]  Mumbai ITAT in case of Narayan Tatu Rane - 70 taxmann.com 227 [Page No. 79-891  Rajkot ITAT in case of Metropole Tiles Pvt Ltd. (decision dated 24.08.2022 in ITA no. 59/Rjt/2021) - [Page No. 90-114] (iv) The Supreme Court judgment in the case of Principal Commissioner of Income Tax vs. Shreeji Prints

ASHOK GOPALDAS VITHLANI,JAMKHAMBHALIYA vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, appeals filed by the assessees(ITA No

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 595/Rjt/2024 "नधा"रणवष" / Assessment Year: (2018-19) (Hybrid Hearing) Shiv Green Energy Pvt. Ltd. Vs. The Principal Commissioner Of Income Tax, 107, Divyam Park, Jamnagar 361001 Opp. H.O. Bhatt Bunglow, Nr. Sanjeevani Medical Store, Jamnagar - 361006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aascs8645J (Appellant) (Respondent)

68 to 69 cannot be invoked. Both the aspect being nature and source of the impugned amount were explained by usand our explanation was accepted by the survey officer and no further question or doubt were raised and the survey was closed. As a result of evidence of my statement on record, the question of invoking provisions

SHIV GREEN ENERGY PRIVATE LIMITED,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, appeals filed by the assessees(ITA No

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 595/Rjt/2024 "नधा"रणवष" / Assessment Year: (2018-19) (Hybrid Hearing) Shiv Green Energy Pvt. Ltd. Vs. The Principal Commissioner Of Income Tax, 107, Divyam Park, Jamnagar 361001 Opp. H.O. Bhatt Bunglow, Nr. Sanjeevani Medical Store, Jamnagar - 361006 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aascs8645J (Appellant) (Respondent)

68 to 69 cannot be invoked. Both the aspect being nature and source of the impugned amount were explained by usand our explanation was accepted by the survey officer and no further question or doubt were raised and the survey was closed. As a result of evidence of my statement on record, the question of invoking provisions

SHREE SAMARTH ELECTRICALS PVT LTD,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

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

167 ITR 471, (1988 SC 897) (7) observes .... “4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non- deliberate delay.” GojijyaBhikhubhai and Others ITA No.609, 610 and 612/RJT/2024

SHREE SAMARTH SWITCHGEAR AND TRANSMISSION PVT LTD,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR, JAMNAGAR

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

167 ITR 471, (1988 SC 897) (7) observes .... “4. When substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non- deliberate delay.” GojijyaBhikhubhai and Others ITA No.609, 610 and 612/RJT/2024

ASHISHKUMAR BHAGVANJIBHAI KANSAGRA,RAJKOT vs. ACIT CIR - 2(1), RKT, RAJKOT

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

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.409/Rjt/2025 िनधा"रणवष" / Assessment Year: (2016-17) (Hybrid Hearing) Ashishkumar Bhagvanjibhai Vs. Acit Kansagara, Circle – 2(1), C-507, Imperial Heights, Rajkot - 360001 150 Feet Ring Road, Rajkot - 360005 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acspk6893P (Appellant) (Respondent)

section 68 once the primary three conditions-identity, credit worthiness, and genuineness-are satisfied. [CIT v. P. Mohanakala (2007) 291 ITR 278 (SC); PCIT v. Veedhata Tower Pvt. Ltd. (2020) 117 taxmann.com 451 (Bom)] 5. That the assessment and appellate proceedings are vitiated due to lack of independent verification by the AO/CIT(A), and the addition is based

THE ACIT, CENTRAL CIRCLE-2,, MORBI vs. M/S. KISHAN PLUS MINARALS, RAJKOT

In the result, appeal filed by the Revenue (In ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.124/Rjt/2021 With Cross Objection No.02/Rjt/2022 "नधा"रणवष"/ Assessment Year: 2019-20 Acit, Cent.Cir.2 M/S.Kishan Plus Minerals बनाम Rajkot. Jetpar Road, Nr. Pavadiyali Temple, Jasmatgadh Vs. Morbi. Pan : Aaqfk4689P (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Mehul Ranpura, Ld. Counsel राज"व क" ओर से/Revenue By : Shri Sanjay Punglia, Ld. Cit-Dr सुनवाई क" तार"ख /Date Of Hearing : 29/01/2025 (Originally Heard Refixed On 05.06.2025 घोषणा क" तार"ख /Date Of Pronouncement : 20/06/2025 Order Per Dr. Arjun Lal Saini:

68 of the Act. 10. Aggrieved by the order of the assessing officer, the assessee carried the matter in appeal before the Ld. CIT(A) who has partly allowed the appeal of the assessee. The Ld. CIT(A) noticed that the first finding of the assessing officer is that the statement given by Shri Bhagwanjibhai was on oath

SHIV SHAKTI GINNING AND PRESSING PVT. LTD,ADIPUR KUTCH vs. THE PCIT, RAJKOT-1, RAJKOT, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 102/Rjt/2022 िनधा"रण वष"/Asstt. Years: 2017-2018 M/S Shiv Shakti Ginning & Pressing The Principal Commissioner Private Limited, Vs. Of Income Tax, Plot No.1, Ward No.1/B, Rajkot-1, Opp. Aum Mandir, Rajkot. Industrial Area, Adipur-370205 (Gujarat)

68 of the Act. Accordingly, the PCIT initiated the proceedings under section 263 of the Act vide show cause notice dated 16 January 2022. 4.1 The assessee in response to such show cause notice submitted that during the assessment proceeding detailed enquiries were made by the AO and the necessary required details were duly submitted. Thereafter, the AO after

MAYURBHAI JAYSUKHLAL SHAH,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos. 319/Rjt/2024 (Assessment Year: 2013-14) (Hybrid Hearing) Mayurbhai Jaysukhlal Shah Vs. Principal Commissioner Of 601, Cross Way, P.N. Marg, Income Tax, Jamnagar Jamnagar, Gujarat-361001 Office Of The Principal Commissioner Of Income Tax.Pcit, Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afgps1754J (अपीलाथ"/Assessee) (""यथ"/Respondent)

68 of the Act to prove the genuineness of the transaction, the source of the sums received and identity of the person from whom such sums were received stood duly discharged by the assessee. Moreover, all details of Sree Leather Ltd were also submitted at the time of assessment proceedings, as well. Moreover, revision of section

SHRI JAWAHIR RAVICHANDRA MEHTA,DUBAI(UAE) vs. THE DCIT, CIRCLE-2, RAJKOT, RAJKOT

In the result appeal of the assessee vide ITA/81/Rjt/2020 stands dismissed

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Amarjit Singh, Accountant Memebr

68, 69A of the act. The assessee has also referred he flow of funds along with bank statement placed at page numbers 5-36 of the paper book. 17. Regarding addition of Rs.23,76,000/-, the assessee submitted that in the case of his father, the substantive addition has been set aside by the learned CIT(A) to the file

M\S. LEXICO CERAMICS,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalassessment Year : 2015-15 M/S Lexico Ceramics, C/O Kalpesh S. Doshi & Co., Vs Principal Commissioner Of Chartered Accountants, Income-Tax-1, 1006-09, The Spire-2, Near Sheetal Rajkot Park Brts Stop, 150 Ft. Ring Road, Rajkot-360005 Pan : Aaefl 8870 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kalpesh Doshi, Ar Revenue By : Shri Shramdeep Sinha, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19/04/2023 घोषणा की तारीख /Date Of Pronouncement: 12/05/2023 आदेश/O R D E R Per Waseem Ahmed, Am :

167 (Del.), made a distinction between lack of inquiry and inadequate inquiry. M/s. Lexico Ceramics Vs. PCIT AY : 2015-16 5 The Hon’ble court held that where the AO has made inquiry prior to the completion of assessment, the same cannot be set aside u/s 263 of the Act on the ground of inadequate inquiry. The relevant observation

VALOUR AUTOPACK,GOR KHIJADIYA, MORBI GUJARAT vs. THE PR. CIT 1 RAJKOT, RAJKOT

In the result, appeal filed by the assessee is allowed

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

68 of the Act. The assessing officer is directed pass a fresh assessment order after proper inquiries and verification in relation to such transaction of Rs.2,34,60,000/-and if not found satisfactorily, appropriate addition under appropriate section should be made and relevant penalty proceedings should be initiated.” 19. From the above direction of the PCIT, we note