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.

section 68 of the I T Act. The AO observed that the appellant had raised new share capital 6f Rs. 4,50,000/- with premium of Rs. 2

SHRI GIRISHBHAI NANJIBHAI SOLANKI,RAJKOT vs. THE ITO, WARD-1 (1) (2), RAJKOT

In the result the appeal filed by the assessee is allowed partly for the statistical purposes

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

50,000/- u/s.69 and the CIT(A) had not considered the contention that the addition to be deleted. The same should be deleted. Appellant craves leave to add, amend, alter to withdraw any grounds of appeals The assessee vide application dated 23rd December 2022 has pleaded 2.2 before us for the admission of the additional ground of appeal which reads

SHRI CHANDUBHAI RAMJIBHAI KAQTHIRIYA,JASDAN, DIST. RAJKOT-364490 vs. THE CIT(A), NFAC, DELHI, DELHI

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

Bench: Us Is That The Ld. Cit(A) Erred In Upholding Addition Of Rs. 14,32,782/- Being 50 Percent Of Agricultural Income Treating As Unexplained Cash Credit U/S. 68 Of The Income Tax Act In The Absence Of Books Of Accounts.

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2017-18. I.T.A No. 168/Rjt/2021 A.Y. 2017-18 Page No 2 Chandubhai R. Kaqthiriya. Vs. CIT(A) 2. The solitary issue before us is that the Ld. CIT(A) erred in upholding addition

M/S AMBITIOUS FINANCE & INVESTMENT PVT. LTD.,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-2(4),, RAJKOT-GUJARAT

The appeal of the assessee is dismissed

Bench: Mrs. Annapurna Gupta & Mrs. Madhumita Royिनधा"रणवष"/Assessment Year: 1997-98 M/S. Ambitious Finance & Vs. Income Tax Officer, Investment Pvt. Ltd., Ward- 2(4), 107, Kapad Market, Para Bazar, Rajkot Rajkot Pan : Aabca 8076 C अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Written Submission Revenue By : Shri V.J. Boricha, Sr. Dr सुनवाई क" तारीख/Date Of Hearing : 14.12.2022 घोषणा क" तारीख /Date Of Pronouncement: 06.03.2023 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta:

Section 144 of the I.T. Act on the best judgment and on the basis of material available with Department and inquiries conducted in this regard to establish interconnection between the deposits made by the depositors and introduction of the same into the books of accounts of the assessee. 6. The assessee is doing finance business. During

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

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

PARESH DAYASHANKAR MADEKA,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2(2)(3), RAJKOT

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

2% of the transaction. Reasons recorded by Ld. AO on the basis of that department received an information: (a) Subsequently, there is an information in possession with this office that during the F.Y. 2010-11, the assessee has accepted loan/advances of Rs. 18,67,000/- from M/s. Bhumidev Credit Corporation Ltd., (BCCL) Ahmedabad. Further, department inquiry conducted and material available

THE DCIT, MORBI CIRCLE, , MORBI vs. M/S. CLAYRIS CERAMICS PVT. LTD.,, MORBI

In the result, the appeal of the revenue is hereby dismissed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकरअपीलसं./Ita No. 287/Rjt/2018 With Co No. 28/Rjt/2018 निर्धररवरध/Asstt. Year: 2013-14 D.C.I.T, M/S. Clayris Ceramic Pvt. Ltd., Morbi Circle, Vs. Opp. Soriso Ceramics, Morbi. B.H Fame Ceramics Pvt., 8A-Nh, Morbi.

section 68 of the Act for Rs. 5,30,63,780/- on account of credit of share capital and share premium. ITA no.287/Rjt/2018 with C.O No.28/Rjt/2018 Asstt. Year 2013-14 8 10. The assessee in the year under consideration allotted fresh shares to 22 individuals which included directors of the assessee company and their family members/ relatives. The share

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 IT Act cannot be extended to noting in rough notebook which is not books of account as defined in section 2(12A) of the IT Act. There was no case for making the addition u/s68 of the Act on the basis of jotting in impounded documents. Further, the AO has made the addition of admitted income

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

In the result, appeal filed by the assessee is allowed

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)

2. The Learned CIT (A) erred in law and facts in upholding the action of the Learned assessing officer in making addition u/s 68 as Bogus Purchase despite transactions with Ankur Chemfood Ltd were termed as Circular Transactions by Ld assessing officer himself and upholding the decision of assessing officer despite direct decision of Ahmedabad ITAT on circular transactions

SHRI JAYANTILAL RUDABHAI BHALANI,JAMNAGAR vs. THE ITO, WARD-1(3), JAMNAGAR

In the result, appeal of the assessee is dismissed

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year : 2009-10 Jayantilal Rudabhai Bhalani Ito, Ward-1(3) Bilnath Krupa Vs Jamnagar. Opp: Khodiyar Colony Air Force Road, Nilkamal Colony Jamanagar 361 008. (Applicant) (Responent) : Shri Mehul Ranpura, Ar Assessee By Revenue By : Shri S.S. Rathi, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 31/03/2022 घोषणा क" तार"ख /Date Of Pronouncement: 03/06/2022 आदेश/O R D E R

50,000/- may kindly be deleted. 2. The ld.CIT(A) erred on fact as well as on law to enhance assessment by Rs.5,75,250/- contrary to the provisions of section 44AD hence the same may kindly be deleted. 3. The ld.CIT(A) erred in law as well as on fact to initiate proceedings u/s.271(1)(c) hence

THE DCIT, CENTRAL CIRCLE-1,, MUMBAI vs. ATUL SHIVDAS GANATRA, RAJKOT

In the result, the appeal of the Department is dismissed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

2,21,50,509/- as unexplained income of the assessee under Section 68 of the Act r.w.s. 115BBE of the Act as unexplained

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

68 of the Act. Hence the AO added the sum of Rs. 39 lakhs to the total income of the assessee. Aggrieved assessee preferred an appeal to the learned CIT (A) who has also confirmed the order of the AO. Being aggrieved by the order of the learned CIT (A), the assessee is in appeal before us. 16. The learned

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

68 of the Act. Hence the AO added the sum of Rs. 39 lakhs to the total income of the assessee. Aggrieved assessee preferred an appeal to the learned CIT (A) who has also confirmed the order of the AO. Being aggrieved by the order of the learned CIT (A), the assessee is in appeal before us. 16. The learned

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

68 of the Act. Hence the AO added the sum of Rs. 39 lakhs to the total income of the assessee. Aggrieved assessee preferred an appeal to the learned CIT (A) who has also confirmed the order of the AO. Being aggrieved by the order of the learned CIT (A), the assessee is in appeal before us. 16. The learned

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

In the result, both the appeals of the assessee are allowed for statistical purposes

2 MT Maersk Tangier 1 1,24,05,600 account of the bnenefidary I.e. "MAERSK TANKEHS MT Maersk Misakl SINGAPORE PTE LTD." at 3 1 3,35,27,716 account maintained 4 MT Maersk Piper 1 4,68,78,299 with the The Hongkong and 5 MT Maersk Teesport 1 1,21,68,000 Shanghai Banking 6 MT Maersk Princess

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

In the result, both the appeals of the assessee are allowed for statistical purposes

2 MT Maersk Tangier 1 1,24,05,600 account of the bnenefidary I.e. "MAERSK TANKEHS MT Maersk Misakl SINGAPORE PTE LTD." at 3 1 3,35,27,716 account maintained 4 MT Maersk Piper 1 4,68,78,299 with the The Hongkong and 5 MT Maersk Teesport 1 1,21,68,000 Shanghai Banking 6 MT Maersk Princess

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai Patel Vs. ITO 16 the Income Tax Act. According to the assessee, the AO has erred in assuming jurisdiction under section 153A for passing impugned assessment order. This aspect