GOJIYA BHIKHUBHAI,JAMNAGAR vs. PRINCIPAL COMMISSIONEROF INCOME TAX, JAMNAGAR

u/s 133A it is to be noted that once a specific\nsurrender made by the assessee has been realized, the department cannot take a U\nturn while framing the assessment of the assessee by taxing the same under the head\nincome from other sources under section 69, 69A and 69B. It has to be assessed under\nthe Head Income from

SAGAR JEWELLERS,PORBANDAR vs. DCIT, CIRCLE-2(1), JAMNAGAR

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.222/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2019-20) (Hybrid Hearing) Sagar Jewellers Vs. Dcit Zaveri Bazar, Porbandar, Gujarat Circle-2(1), Jamnagar 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adbfs5410L (Assessee) (Respondent) Assessee By : Shri K. C. Thaker, Ar Respondent By : Shri Sanjay Punglia, Cit.Dr Date Of Hearing : 01/10/2024 Date Of Pronouncement : 01/01/2025 आदेश / O R D E R Per Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Passed By The Learned Principal Commissioner Of Income Tax (In Short ‘The Pcit’), Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 21.02.2024, For The Assessment Year (In Short ‘A.Y.’) 2019-20. 2. The Grievances Raised By The Assessee Are As Follows:

68 to 69D and treated it as regular business income only so such order can not be said to be erroneous. Also HIGH COURT OF ANDHRA PRADESH in case of Principal Commissioner of Income-tax v. Deccan jewellera (P.) Ltd. AUGUST 2, 2021 held: Section 69 read with section 263, of the Income-tax Act, 1961 Unexplained investments (Stock) - Assessee

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.

133A of the Act on account of the project undertaken by the assessee and the assessee in the survey proceedings has agreed for an addition of Rs. 2 crores which is sufficient enough to establish the fact that project of the assessee was viable. 3.4 The assessee in order to establish the identity, creditworthiness of the parties and genuineness

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.

section 68 of the Act in respect of credit entries appearing in rough note books impounded during the course of survey u/s 133A

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)

u/s 133A it is to be noted that once a specific surrender made by the assessee has been realized, the department cannot take a U turn while framing the assessment of the assessee by taxing the same under the head income from other sources under section 69, 69A and 69B. It has to be assessed under the Head Income from

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)

u/s 133A it is to be noted that once a specific surrender made by the assessee has been realized, the department cannot take a U turn while framing the assessment of the assessee by taxing the same under the head income from other sources under section 69, 69A and 69B. It has to be assessed under the Head Income from

BHARATKUMAR ISHWARBHAI BHATIYA,,RAJKOT vs. ASSTT. COMMR. OF INCOME TAX, CEN. CIR.-1,, RAJKOT

survey under section 133A], it\nmay, in any proceeding under this Act, be presumed\n(i) that such books of account, other documents, money, bullion, jewellery or other\nvaluable article or thing belong or belongs to such person\n(ii) that the contents of such books of account and other documents are true; and\n(iii) that the signature

THE INCOME TAX OFFICER-WARD-2,, JUNAGADH vs. SHRI DAMJIBHAI LEKHRAJBHAI THAVRANI,, JUNAGADH

survey under section 133A], it\nmay, in any proceeding under this Act, be presumed\n(i) that such books of account, other documents, money, bullion, jewellery or other\nvaluable article or thing belong or belongs to such person\n(ii) that the contents of such books of account and other documents are true; and\n(iii) that the signature

THE ITO WARD-1 (2) (1),, RAJKOT vs. SHRI KHRAJMAL LEKHRAJBHAI THAVRANI, RAJKOT

survey under section 133A], it\nmay, in any proceeding under this Act, be presumed\n(i) that such books of account, other documents, money, bullion, jewellery or other\nvaluable article or thing belong or belongs to such person\n(ii) that the contents of such books of account and other documents are true; and\n(iii) that the signature

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)

survey under section 133A], it may, in any proceeding under this Act, be presumed (i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person (ii) that the contents of such books of account and other documents are true; and (iii) that the signature and every other part

THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT vs. M/S. CLASSIC NETWORK LIMITED,, RAJKOT-GUJARAT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1,, RAJKOT-GUJARAT vs. M/S. CLASSIC NETWORK LIMITED,, RAJKOT-GUJARAT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

CLASSIC NETWORK PRIVATE LIMITED,RAJKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL - 1, RAJKOT, RAJKOT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

M/S. CLASSIC NETWORK LIMITED,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1,, RAJKOT-GUJARAT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

CLASSIC NETWORK PRIVATE LIMITED,RAJKOT vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, RAJKOT, RAJKOT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

CLASSIC NETWORK PRIVATE LIMITED,RAJKOT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1 RAJKOT, RAJKOT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT, RAJKOT vs. CLASSIC NETWORK PVT. LTD., RAJKOT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT vs. CLASSIC NETWORK PVT. LTD., RJAKOT

In the result, appeal filed by the assessee in ITA No

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

133A of the Act during the operation. Various documents have been recovered in the form of loose papers and digital data backups from the business premise of M/s Classic Network Pvt Ltd. All the incriminating documents have been impounded and confronted to the promoter of the assessee-company Shri Smith Kaneria during the survey and also during the post search/survey