VISHAL ENTERPRISE, ,JAMNAGAR vs. INCOME TAX OFFICER, TDS-3,, JAMNAGAR.

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr.

68,692/- whose fine under section 234E was determined at Rs.12,48,800/- on the basis of number of days calculated by the AO. However, in the case of Rakesh B. Ladha, TCS was Rs.68,656/-. Penalty was restricted equivalent to this amount. Similar exercise was carried out in respect of other assessees. Dissatisfied with this levy of penalty

PARAG MAKANBHAI PARSANA,JAMNAGAR vs. INCOME TAX OFFICER, TDS-3,, JAMNAGAR.

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediasr.

68,692/- whose fine under section 234E was determined at Rs.12,48,800/- on the basis of number of days calculated by the AO. However, in the case of Rakesh B. Ladha, TCS was Rs.68,656/-. Penalty was restricted equivalent to this amount. Similar exercise was carried out in respect of other assessees. Dissatisfied with this levy of penalty

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. M/S REAL PROCON PVT. LTD.,, RAJKOT-GUJARAT

In the result, appeal of the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedअपील सं./Ita No.498/Rjt/2015 िनधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T., M/S Real Procon Pvt. Ltd., Circle-1(1), Vs. Saneshwar Complex, Rajkot. Opp. Balalji Hall, 150 Ft. Ring Road, Rajkot.

68, remains in the hands of appellant. However, the AO is free to intimate the'AO of the subscribing companies, if he deems fit so. 4.11 The addition made of Rs. 2,25,00,000/- is therefore directed to be deleted. In the result, the appellant's appeal is allowed on this ground 5. When it has been held that

THE ACIT, CIRCLE- 1,, RAJKOT-GUJARAT vs. SMT. MANISHABEN N. MASHRU,, RAJKOT-GUJARAT

In the result, appeal of the Revenue in ITA No

Bench: Shri Pramod Kumar & Shri Rajpal Yadavsr.No.

68 of the Act contemplates where any sum is found credited in the books of an assessee maintained for any previous year, and the assessee offers no explanation about the nature and source thereof, or the explanation offered by the assessee is not, in the opinion of the AO satisfactory, then the sum so credited in the accounts

SMT. PRATIMABEN V. RAJA,,RAJKOT vs. THE INCOME TAX OFFICER, INTL. TAXN., RAJKOT

In the result, Ground No. 1 of the assessee’s appeal is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

68 of the Act, being unexplained cash credits. 4. Before the CIT(A), the assessee submitted that the assessee is a non- resident as defined under Section 2(30) of the Act and the “non-resident” status of the assessee has not been disputed by the Assessing Officer. Further, the assessee submitted that the entire funds had come from

SHRI VINODKUMAR HIRALAL RAJA,,RAJKOT vs. THE INCOME TAX OFFICER, INTL. TAXN., RAJKOT

In the result, Ground No. 1 of the assessee’s appeal is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

68 of the Act, being unexplained cash credits. 4. Before the CIT(A), the assessee submitted that the assessee is a non- resident as defined under Section 2(30) of the Act and the “non-resident” status of the assessee has not been disputed by the Assessing Officer. Further, the assessee submitted that the entire funds had come from

ANIL DHANSUKHLAL,RAJKOT vs. INCOME TAX OFFICER (INT. TAXATION) GANDHIDHAM, GANDHIDHAM

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Sainiand Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.68/Rjt/2024 "नधा"रणवष"/ Assessment Year: (2018-19) Anil Dhansukhlal Income Tax Officer बनाम Vakhat Niwas 10, Divan Para (Int.Txn), Gandhidham, Vs. Rajkot -360 001 Amruta Estate Building, Jheelwas, Sadar, Rajkot- 360 001 Pan/Gir No.Ajypd6405F "थायीलेखासं /. जीआइआरसं /. (अपीलाथ"/Appellant) .. (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Bharat Kumar, Ar राज"वक"ओरसे/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr

200) (20). Bank Statement of Anil Dhansuklal (PB-203-217) (21). Copy of Passport of issued by Republic of Portuguese from 25.03.2009 to 25.03.2014 (PB-218-235) (22). Copy of Passport of issued by Republic of Portuguese from 25.03.2022 to 25.03.2017,(PB-236-243) 9. The Copy of the allotment letter issued to the assessee, by Oberoi Realty

ACIT, CIRCLE-1(1), RAJKOT, RAJKOT vs. AXWELL GRANITO PVT. LTD., MORBI

In the result, appeal filed by the Revenue is dismissed

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

section 68 of the Act as creditworthiness of the lenders/shareholders not established. 2. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in accepting additional evidences in violation of rule 46A of the Income Tax Rule, 1962 without giving an opportunity to the Assessing Officer. 3. Any other ground that

SMT. KRUSHNABA PRAVINSINH JADEJA,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT

section 68 of the Act.\"\nHowever, the Assessing Officer, rejected the above contention of\nthe assessee and observed that assessee has failed to prove identity,\nPage | 14\nITA Nos.572&577/RJT/2015/AY.2012-13\nKrushnaba Pravinsinh Jadeja\ngenuineness and creditworthiness of the transactions, therefore, made\naddition of Rs. 83,00,000/- u/s. 68 of the Act.\n24.\nOn appeal, by the assessee

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. SMT. KRUSHNABA P. JADEJA,, RAJKOT-GUJARAT

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

section 68 of the Act."” 23. However, the Assessing Officer, rejected the above contention of the assessee and observed that assessee has failed to prove identity, ITA Nos.572&577/RJT/2015/AY.2012-13 Krushnaba Pravinsinh Jadeja genuineness and creditworthiness of the transactions, therefore, made addition of Rs. 83,00,000/- u/s. 68 of the Act. 24. On appeal, by the assessee

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

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

section 68, the onus is upon the assessee to explain the identity of the\nPage 33\ncreditors, capacity of the creditors and the genuineness of the transaction,\nhowever, the assessee has failed to discharge the onus, therefore, the assessing\nofficer has rightly made the addition. However, ld. Counsel for the assessee\nsubmitted that assessee had received

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

Appeals are dismissed, Assessee's appeals are partly allowed

section 68, the onus is upon the assessee to explain the identity of the\nPage 33\ncreditors, capacity of the creditors and the genuineness of the transaction,\nhowever, the assessee has failed to discharge the onus, therefore, the assessing\nofficer has rightly made the addition. However, ld. Counsel for the assessee\nsubmitted that assessee had received

THE INCOME TAX OFFICER, WARD-3(1), JAMNAGAR vs. M/S. PARAS BUILDCON P. LTD., JAMNAGAR

Bench: Shri Waseem Ahmed & Shri T.R Senthil Kumar

section 68 of the Act. 12. The assessee in the year under consideration has issued 92,500 shares at Rs. 200

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

In the result, assessee's ground No

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

section 68, the onus is upon the assessee to explain the identity of the Pankajbhai ChimanlalLodhiya v. DCIT IT(SS)A No. 6 to 9 & 46 to 49 & 102/Rjt/2019 AY (2010-11 to 2014-15) creditors, capacity of the creditors and the genuineness of the transaction, however, the assessee has failed to discharge the onus, therefore, the assessing officer

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

In the result, assessee's ground No

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

section 68, the onus is upon the assessee to explain the identity of the Pankajbhai ChimanlalLodhiya v. DCIT IT(SS)A No. 6 to 9 & 46 to 49 & 102/Rjt/2019 AY (2010-11 to 2014-15) creditors, capacity of the creditors and the genuineness of the transaction, however, the assessee has failed to discharge the onus, therefore, the assessing officer

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI PANKAJ CHIMANLAL LODHIYA, RAJKOT

In the result, assessee's ground No

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

section 68, the onus is upon the assessee to explain the identity of the Pankajbhai ChimanlalLodhiya v. DCIT IT(SS)A No. 6 to 9 & 46 to 49 & 102/Rjt/2019 AY (2010-11 to 2014-15) creditors, capacity of the creditors and the genuineness of the transaction, however, the assessee has failed to discharge the onus, therefore, the assessing officer

THE ACIT, CEN. CIR.-1,, RAJKOT-GUJARAT vs. M/S. SIYARAM METAL UDYOG PVT. LTD.,, JAMNAGAR

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

section 68 of the Act made on account of unexplained credit of share capital & premium. 5. The facts in brief are that the assessee is a private limited company and engaged in the business of manufacturing of Brass Parts. The assessee company was incorporated as on 01-06-2010 i.e. during the year under consideration by converting the running