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134 results for “section 68”+ Section 43(5)clear

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Key Topics

Section 153A93Section 143(3)75Addition to Income47Section 6842Section 26340Section 14738Section 25026Section 14824Section 4024Deduction

HOLLIS VITRIFIED PRIVATE LIMITED,MORBI, GUJARAT, INDIA vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, RAJKOT, RAJKOT, GUJARAT, INDIA

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

ITA 363/RJT/2024[2018-19]Status: DisposedITAT Rajkot12 Feb 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 363/Rjt/2024 (Assessment Year: 2018-19) (Hybrid Hearing) Hollis Vitrified Pvt. Ltd. Vs. The Pr. Commissioner Of Income Revenue Survey No. 756/P1/P1/P1, Opp. Tax-1, Rajkot Antique Granito, Ghuntu,-Lakhdhirpur Road, Morbi (Gujarat)-363642 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacch5628Q (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Punglia, CIT-DR
Section 143(3)Section 263Section 68

43,431/-. 3. Later on, Learned Principal Commissioner of Income-tax (in short “Ld PCIT”) has exercised his jurisdiction under section 263 of the Income- tax Act, 1961. On perusal of case records, it was observed by ld.PCIT that the assessee had introduced huge amount in the company account in the form of Share Application money amounting

Showing 1–20 of 134 · Page 1 of 7

20
Disallowance20
Penalty19

THE ACIT, CIRCLE-1,, JAMNAGAR vs. M/S. SENOR METALS PVT. LTD., JAMNAGAR

In the results the appeal of the revenue is dismissed

ITA 260/RJT/2015[2011-12]Status: DisposedITAT Rajkot01 Feb 2022AY 2011-12

Bench: Shri Waseem Ahmed & Ms Suchitra Raghunath Kambleआयकर अपील सं./Ita No. 260/Rjt/2015 िनधा"रण वष"/Asstt. Year:2011-12

For Appellant: Shri Dushyant Maharshi, A.RFor Respondent: Shri Ajay Pratap Singh, C.I.T.D.R
Section 36Section 40Section 43(5)

section 43(5). It is immaterial whether transaction is carried out at the recognized stock exchange or not. Even the circular of CBDT cited in the assessment order states that once it is established that the assessee has entered in the transaction of the commodity that they deal the other technical details have no material impact. Hence, this reasoning

M/S. GREEN EARTH BIOGAS PVT. LTD.,SURENDRANAGAR vs. THE PR. CIT-3, AHMEDABAD, AHMEDABAD

In the result, appeal filed by the assessee is dismissed

ITA 185/RJT/2023[2017-18]Status: DisposedITAT Rajkot17 Jul 2025AY 2017-18
Section 263

43,59,735/-, which has been claimed as source to explain cash deposit\nin the bank account which was in turn used for payment of various\nliabilities including term loan and towards purchase of Plant & Machinery.\nThis credit amount requires to be added u/s 68 being unaccounted money\nintroduced in the books of account in the garb of cash sales

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. M/S ATUL AUTO LIMITED,, SHAPAR.VERAVAL

The appeal is allowed

ITA 251/RJT/2016[2012-13]Status: DisposedITAT Rajkot23 May 2022AY 2012-13

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

For Appellant: Shri Kapil Sanghvi, A.RFor Respondent: Shri S. S. Rathi, Sr. DR
Section 143(3)Section 14ASection 40Section 80ISection 80J

5,68,926/-. 21. On appeal before the Ld. CIT(A), the CIT(A) confined the disallowance to Rs. 3,35,877/- made by the assessee in its return of income and deleted the balance disallowance as follows: “During the year assessee Company has earned tax free income of Rs.55,32,792/- being dividend income from investment in mutual funds

ATUL AUTO LIMITED,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT

The appeal is allowed

ITA 214/RJT/2016[2012-13]Status: DisposedITAT Rajkot23 May 2022AY 2012-13

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

For Appellant: Shri Kapil Sanghvi, A.RFor Respondent: Shri S. S. Rathi, Sr. DR
Section 143(3)Section 14ASection 40Section 80ISection 80J

5,68,926/-. 21. On appeal before the Ld. CIT(A), the CIT(A) confined the disallowance to Rs. 3,35,877/- made by the assessee in its return of income and deleted the balance disallowance as follows: “During the year assessee Company has earned tax free income of Rs.55,32,792/- being dividend income from investment in mutual funds

SHRI KAMLESH DEORAJ JAIN,GANDHIDHAM KUTCHH vs. THE ITO WARD 1 , GANDHIDHAM

In the result, appeal filed by the assessee is allowed

ITA 62/RJT/2025[2018-19]Status: DisposedITAT Rajkot21 May 2025AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 62/Rjt/2025 ("नधा"रण वष"/Assessment Year: (2018-19) Kamlesh Deoraj Jain Income Tax Officer, Ward-1, Plot No 35-36, Devashish Gandhidham, Income Tax Vs. Sector-5 Gandhidham 370201 Office, Plot No.32, Sector No.3, Near Iffco Colony, Gandhidham-370 201 "ायी लेखा सं./जीआइआरसं./Pan/Gir No.: Adopj1769Q (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri Sanjay Puglia, CIT-D.R
Section 144ASection 145(3)Section 147Section 148Section 250Section 68

43,53,68,202/- which comes to Rs. 5,44,21,025/- was treated as un-explained credit u/s 68 of the Income Tax Act, 1961 r.w.s 115BBE and was added by the assessing officer to the income of assessee. Kamlesh Deoraj Jain 6. Aggrieved by the order of the assessing officer, the assessee carried the matter in appeal before

ASHVIN DINESHBHAI JADAV,RAJKOT vs. ITO, WARD-1(1)(1), RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

ITA 428/RJT/2025[2015-16]Status: DisposedITAT Rajkot29 Jan 2026AY 2015-16

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

For Appellant: Shri Mehul Ranpura, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 133(6)Section 143(2)Section 143(3)Section 250

43(5) of the Act, the loss incurred on trading of securities/commodities does not fall under the definition of speculative business and hence, the loss is relating to non-speculative business and the same is available for set off against intra head of account. The AO ought to have allowed set off of business loss incurred in the intra head

SHRI KISHOR GORDHANBHAI JAKSANIA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, RAJKOT-GUJARAT

ITA 17/RJT/2014[2006-07]Status: DisposedITAT Rajkot28 Nov 2019AY 2006-07

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Shri Ranjeet Singh, CIT-DR
Section 271(1)(c)Section 68

68 of the Act. 5. The facts in brief are that the assessee in the present case is an individual and drives his income under the head salary and other sources. There was a search conducted under section 132 of the Act at the premises of the assessee dated 24th of June 2010. The assessee in the year under

SHRI GHANSHYAMBHAI GORDHANBHAI JAKSANIA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, RAJKOT-GUJARAT

ITA 13/RJT/2014[2006-07]Status: DisposedITAT Rajkot28 Nov 2019AY 2006-07

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Shri Ranjeet Singh, CIT-DR
Section 271(1)(c)Section 68

68 of the Act. 5. The facts in brief are that the assessee in the present case is an individual and drives his income under the head salary and other sources. There was a search conducted under section 132 of the Act at the premises of the assessee dated 24th of June 2010. The assessee in the year under

SHRI SANJAYBHAI GORDHANBHAI JAKSANIA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2 ,, RAJKOT-GUJARAT

ITA 175/RJT/2014[2007-08]Status: DisposedITAT Rajkot28 Nov 2019AY 2007-08

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

For Respondent: Shri Ranjeet Singh, CIT-DR
Section 271(1)(c)Section 68

68 of the Act. 5. The facts in brief are that the assessee in the present case is an individual and drives his income under the head salary and other sources. There was a search conducted under section 132 of the Act at the premises of the assessee dated 24th of June 2010. The assessee in the year under

MISS PARI ANIL GANDHI, RAJKOT,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

ITA 51/RJT/2021[2015-16]Status: DisposedITAT Rajkot17 Mar 2025AY 2015-16
Section 10(38)Section 24Section 244ASection 263Section 68

68 of the Income tax Act 1961 (Para 3 of submission). The\nassessee has further stated that there no iota of deficiencies of any kind found with\nregard to the documentation (Para 4 of submission). At para 1.5 of the submission, the\nassessee has emphasized that every transaction has been accounted, documented and\nsupported. The payments are made through banking

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

In the result, appeal of the Revenue in ITA No

ITA 355/RJT/2011[2004-05]Status: DisposedITAT Rajkot04 Jan 2018AY 2004-05

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

For Appellant: Shri M.J. Ranpura, CAFor Respondent: Shri Hargovind Singh, CIT-DR
Section 131Section 133ASection 142(1)Section 148Section 271(1)(c)

5 of Revenue’s appeal in the Asstt.Year 2003- 04, 2004-05, 2005-06 and 2006-07: ”The ld.CIT(A) has erred in law and on facts in granting relief out of disallowance made from administrative and selling expenses.: 25. Ground nos.3, 3, 3 and 4 of the assessee’s appeal CO in the Asstt.Year

THE DY. COMMR. OF INCOME TAX, CIRCLE-1(1),, RAJKOT-GUJARAT vs. M/S. RADHE RENEWABLE ENERGY DEVELOPEMENT PVT. LTD.,, RAJKOT-GUJARAT

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

ITA 156/RJT/2015[2011-12]Status: DisposedITAT Rajkot08 Jul 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

section 68 of the Act is warranted. The assessee also submitted that it is not under obligation to explain the source of source of the funds in the hands of the company i.e. M/s RNG Finlease. 17.1 The assessee in support of his contention has relied upon the judgment of Hon’ble Gujarat High Court in the case

THE DEPUTY COMMR. INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,, RAJKOT

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

ITA 322/RJT/2017[2012-13]Status: HeardITAT Rajkot08 Jul 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

section 68 of the Act is warranted. The assessee also submitted that it is not under obligation to explain the source of source of the funds in the hands of the company i.e. M/s RNG Finlease. 17.1 The assessee in support of his contention has relied upon the judgment of Hon’ble Gujarat High Court in the case

RADHE RENEWABLE ENERGY DEVELOPMENT PVT LTD,RAJKOT vs. THE PCIT, RAJKOT-1, RAJKOT, RAJKOT

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

ITA 110/RJT/2022[2017-18]Status: HeardITAT Rajkot08 Jul 2022AY 2017-18

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

section 68 of the Act is warranted. The assessee also submitted that it is not under obligation to explain the source of source of the funds in the hands of the company i.e. M/s RNG Finlease. 17.1 The assessee in support of his contention has relied upon the judgment of Hon’ble Gujarat High Court in the case

M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSTT. COMMR. INCOME TAX, CIRCLE-5,, RAJKOT-GUJARAT

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

ITA 139/RJT/2015[2011-12]Status: DisposedITAT Rajkot08 Jul 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Sanjeev Jain, CIT. D.RFor Respondent: Shri Mehul Ranpura, A.R
Section 143(3)Section 263

section 68 of the Act is warranted. The assessee also submitted that it is not under obligation to explain the source of source of the funds in the hands of the company i.e. M/s RNG Finlease. 17.1 The assessee in support of his contention has relied upon the judgment of Hon’ble Gujarat High Court in the case

M/S. PAREKH ISHWARLAL CHUNILAL,RAJKOT-GUJARAT vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, appeal of the assessee is allowed

ITA 173/RJT/2022[2017-18]Status: DisposedITAT Rajkot14 Sept 2022AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2017-18

For Appellant: Shri D.M. Rindani, ARFor Respondent: Shri Sanjay Punglia, CIT (DR)
Section 115BSection 142(1)Section 143(3)Section 263Section 68

5. That, the Revision u/s.263 is made on the basis incorrect legal provisions and therefore the order u/s.263 is bad-in-law.” 3. The return of income for Assessment Year 2017-18 was filed on 16.10.2017 declaring total income of Rs.38,800/-. The assessment was completed under Section 143(3) of the Income

ACIT CIRCLE-1(1), RAJKOT, RAJKOT vs. GRENIC TILES PVT LTD, MORBI

The appeal of the assessee is allowed, whereas\nappeal of the revenue is dismissed

ITA 682/RJT/2025[2017-18]Status: DisposedITAT Rajkot11 Mar 2026AY 2017-18
For Appellant: Shri R. K. Doshi, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld.Sr.DR
Section 133(6)Section 143(3)Section 250Section 68

5). The Ld. CIT(A)/NFAC failed to appreciate that the Assessing Officer did not\nbring on record any independent material or cogent evidence to disprove the\nassessee's explanation or to demonstrate that the deposits were not from debtors,\nthereby rendering the addition arbitrary, unjust, and contrary to settled law.\n(6). The Ld. CIT(A)/NFAC erred

GRENIC TILES PRIVATE LIMITED,WANKANER-MORBI vs. ASST.COMMISSIONER OF INCOME-TAX CIRCLE 1(1) RKT, RAJKOT

The appeal of the assessee is allowed, whereas\nappeal of the revenue is dismissed

ITA 624/RJT/2025[2017-18]Status: DisposedITAT Rajkot11 Mar 2026AY 2017-18
Section 133(6)Section 143(3)Section 250Section 68

5). The Ld. CIT(A)/NFAC failed to appreciate that the Assessing Officer did not\nbring on record any independent material or cogent evidence to disprove the\nassessee's explanation or to demonstrate that the deposits were not from debtors,\nthereby rendering the addition arbitrary, unjust, and contrary to settled law.\n(6). The Ld. CIT(A)/NFAC erred

SAMEER SHAH (HUF),1 "SWAPNEEL" ,OPP. GURUDATATREY TEMPLE PALACE ROAD vs. INCOME TAX OFFICER, WARD 1(3), JAMNAGAR, GUJARAT

In the result, appeal filed by the assessee is allowed

ITA 248/RJT/2025[2013-14]Status: DisposedITAT Rajkot14 Oct 2025AY 2013-14

Bench: Dr. Arjun Lal Saini. आयकरअपीलसं./Ita No.248/Rjt/2025 "नधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Sameer Shah (Huf), Vs. The Ito Ward 1(3), 1 “Swapneel”, Opp. Jamnagar - 361001 Gurudatatrey Temple, Palace Road, Jamnagar - 361008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawhs3749E (Appellant) (Respondent)

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 144BSection 147Section 250

68. Shares of companies were purchased online, payments were made through banking channels, and shares were dematerialized. Additionally, the shares were transferred from the dematerialized account and received consideration through legitimate banking channels. FAO did not have any independent source or evidence to show an agreement between the assessee and any other party to convert unaccounted money by taking