CHIRAGBHAI S. GADHIYA,SURAT vs. I.T.O., WARD-3(2)(6),, SURAT

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh(Physical Hearing) Chiragbhai S. Gadhiya, I.T.O., 79, Mani Nagar Society, Nana Ward-3(2)(6), Vs. Varachha, Nr. Sarthana Jakat Naka, Surat. Surat-395006. Pan No. Ajypg 7927 K Appellant/ Assessee Respondent/ Revenue

145 of the Act. For invocation of Section 68, there must be existence of books of account hence action of Assessing Officer is not as per law. The assessee again submitted that he has made a sales of grey fabric of Rs. 1.63 crores in A.Y. 2015-16 from following four parties, out of which sales remained unrealized

SHRI BIPINCHANDRA HIRALAL THAKKAR,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(2)(6),, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.2126/Ahd/2016 ("नधा"रणवष" / Ay.: (2013-14) Shri Bipinchandra Hiralal Thakkar, Vs. Income Tax Officer, Plot No.60/61, Hari Ichha Society, Ward-1(2)6, Surat. Udhna Bhestan Road, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawpt1432D (Assessee) (Respondent)

TDS under section 40(a)(ia) of the Act to the tune of Rs.11,59,064/-. Now, the question before us is that whether the assessee can take the advantage provided in section 44AD of the Act? Let us, first of all, consult the provisions of section 44AD of the Act, which is reproduced below (to the extent relevant

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. SHHLOK ENTERPRISE,, SURAT

In the result the grounds of appeal raised by the revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Court Hearing) Deputy Commissioner Of Income Vs. M/S. Shhlok Enterprise, Tax, Circle-2(3), Surat Block No.292, Plot No.135/B, Shhlok Arcede, Bamroli Road, Surat. Pan : Abufs8091E Appellant Respondednt

TDS return. 6. With regard to addition on account of undisclosed receipt of ₹ 2.86 Crore, the assessee stated that during the course of assessment proceeding the assessing officer on the basis of survey report noted that assessee received ₹ 2.86 Crore as unaccounted received. The assessing officer issued show cause notice for treating the difference of actual received and the received

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1(1)(1), SURAT vs. M/S. LEMON TECHNOMIST PVT. LTD., SURAT

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

section 145(3) of the I.T. Act in this case? 2. Whether on the fact and the circumstance of the case and in law, the Ld. CIT(A) was justified in deleting the disallowance of Rs. 9,12,600/- u/s. 40(a)(ia) of the IT Act without appreciating the assessee is liable to deduct TDS

ITO, WARD-2(3)(7), SURAT vs. ANSHUMAN RAMDAYALJI KUMAWAT, SURAT

In the result the ground No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

Section 142(3). This requirement is emphasized by the various decisions quoted by AR in this submission (supra). 7.1.3 Requirement of giving materials proposed to be relied by the ld. AO t0 the appellant is a statutory requirement , failure to do it is fatal to the assessment as held in many judicial pronouncements such as; (Gangaram

ITO, WARD 2(3)(8), SURAT vs. MUKESH MAHAVIRPRASAD SEN, SURAT

In the result the ground No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

Section 142(3). This requirement is emphasized by the various decisions quoted by AR in this submission (supra). 7.1.3 Requirement of giving materials proposed to be relied by the ld. AO t0 the appellant is a statutory requirement , failure to do it is fatal to the assessment as held in many judicial pronouncements such as; (Gangaram

INCOME TAX OFFICER, WARD 2(3)(8), SURAT vs. SHRI RAJESH KUMAR PAMECHA, AJMER

In the result the ground No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

Section 142(3). This requirement is emphasized by the various decisions quoted by AR in this submission (supra). 7.1.3 Requirement of giving materials proposed to be relied by the ld. AO t0 the appellant is a statutory requirement , failure to do it is fatal to the assessment as held in many judicial pronouncements such as; (Gangaram

ITO, WARD 2(3)(8), SURAT vs. MUKESH MAHAVIRPRASAD SEN, SURAT

In the result the ground No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

Section 142(3). This requirement is emphasized by the various decisions quoted by AR in this submission (supra). 7.1.3 Requirement of giving materials proposed to be relied by the ld. AO t0 the appellant is a statutory requirement , failure to do it is fatal to the assessment as held in many judicial pronouncements such as; (Gangaram

ITO, WARD-2(3)(7), SURAT vs. ANSHUMAN RAMDAYALJI KUMAWAT, SURAT

In the result the ground No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble Accountnat Member (Physical Court Hearing) Sl.

Section 142(3). This requirement is emphasized by the various decisions quoted by AR in this submission (supra). 7.1.3 Requirement of giving materials proposed to be relied by the ld. AO t0 the appellant is a statutory requirement , failure to do it is fatal to the assessment as held in many judicial pronouncements such as; (Gangaram

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,BHARUCH vs. THE DY.CIT.,BHARUCH CIRCLE,, BHARUCH

In the result, this ground of appeal is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

TDS thereby recording it in its books of accounts as revenue expenditure, the burning of sludge in question was to be completed as assessee's behest, it claimed all expenses pertaining to the said waste disposal activity and he further denied assessee's contention that all operating expenses in its case are incurred irrespective of the fact whether

THE ACIT,BHARUCH CIRCLE,, BHARUCH vs. BHARUCH ENVIRO INFRASTRUCTURE LTD.,, ANKLESHWAR

In the result, this ground of appeal is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

TDS thereby recording it in its books of accounts as revenue expenditure, the burning of sludge in question was to be completed as assessee's behest, it claimed all expenses pertaining to the said waste disposal activity and he further denied assessee's contention that all operating expenses in its case are incurred irrespective of the fact whether

THE ITO, WARD-1,, NA vs. ARIVS.SHRI ANILKUMAR AMRUTLAL CHAHWALA, NAVSARI

In the result, this ground of appeal is rejected

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.2078/Ahd/2010 िनधा"रणवष"/Assessment Year: 2006-07 आ.अ.सं./I.T.A No.1003/Ahd/2011 िनधा"रणवष"/Assessment Year: 2007-08 The Income Tax Officer, Vs. Shri Anil Kumar Amrutlal Chahwala, Ward-(1), Navsari. 102, Trimurti Complex, Vijalpore, Navsari. [Pan: Abnpc 6308 F] अपीलाथ" / Appellant ""थ"/Respondent

TDS (tax deduction at source) as required under section 194C was of Rs. 5,28,86,206/-, which consist of Rs. 1,68,29,000/- by Padmavati Gems to 187 Labour Contractor and Rs. 3,60,57,206/- by Parth Corporation to 258 Labour Contractor. Thus, the assessing officer disallowed Rs. 5,28,86,206/-on account of labour expenses

D V PROPERTIES PVT. LTD.,SURAT vs. PR. COMMISSIONER OF INCOME TAX - 1, SURAT

In the result, appeal filed by the assessee is partly allowed to the extent indicated above

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.121/Srt/2023 Assessment Year: (2018-19) (Physical Hearing) D. V. Properties Pvt. Ltd., Vs. The Pcit - 1, 748-749, Golden Plaza Market, Surat. Ring Road, Surat – 395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacd8392B (Appellant) (Respondent) Ms Chaitali Shah, Ca Appellant By Shri Ashok B. Koli, Cit(Dr) Respondent By Date Of Hearing 19/07/2023 Date Of Pronouncement 29/08/2023

TDS. The scrutiny assessment under section 143(3) r.w.s. 143(3A) and 143(3B) of the Act, 1961 was completed on 15.02.2021. 3. Later on, Learned Principal Commissioner of Income Tax,( in brief ‘Ld PCIT’) has exercised his jurisdiction, under section 263 of the Income Tax Act, 1961. On perusal of the computation of income data available on ITBA portal

VITRAG PRINTS,SURAT vs. NFAC, DELHI

In the result, appeal filed by the assessee is allowed for statistical purposes in above terms

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.338/Srt/2023 Assessment Year: (2015-16) (Physical Hearing) Vitrag Prints, Vs. The Acit (Osd), K-2619 To 2622, Millenium Ward -1(2)(5), Textile Market Ring Road, Surat. Surat - 395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalfv5612L (Appellant) (Respondent) Appellant By Shri Jaykishan Goel, Ca Shri Vinod Kumar, Sr. Dr Respondent By 22/09/2023 Date Of Hearing Date Of Pronouncement 14/12/2023

145 of the Act. 4.iv. As laid down by the Supreme Court in the case of Swadeshi Cotton Mills Co. Ltd. v. CIT [1967] 63 ITR 57, that the question whether an amount -claimed as expenditure was laid out or expended wholly or exclusively for the purpose of the assessee's business, profession or vocation has to be decided

THE ACIT, CIRCLE-1, BHARUCH vs. M/S. J.K. JEWELLERS, BHARUCH

In the result, ground No.3 raised by the Revenue, is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.440/Srt/2018 Assessment Year: (2014-15) (Virtual Hearing) The Acit, Circle-1, Vs. M/S. J. K. Jewellers, Bharuch. Station Road, Near Rungta School, Bharuch. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj5951F (Assessee) (Respondent) आयकर अपील सं./Ita No.443/Srt/2018 Assessment Year: (2014-15) M/S. J. K. Jewellers, Vs. The Acit, Circle-1, Station Road, Near Rungta Bharuch. School, Bharuch. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj5951F (Assessee) (Respondent)

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 30.12.2016. ITA Nos.440 & 443//SRT/2018/AY.2014-15 M/s. J. K. Jewellers 2. Since, the issues involved in these two appeals, are common and identical; therefore, these appeals have been clubbed and heard together and a consolidated order is being passed for the sake of convenience

M/S. J.K. JEWELLERS,BHARUCH vs. THE ACIT, CIRCLE-1, BHARUCH

In the result, ground No.3 raised by the Revenue, is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.440/Srt/2018 Assessment Year: (2014-15) (Virtual Hearing) The Acit, Circle-1, Vs. M/S. J. K. Jewellers, Bharuch. Station Road, Near Rungta School, Bharuch. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj5951F (Assessee) (Respondent) आयकर अपील सं./Ita No.443/Srt/2018 Assessment Year: (2014-15) M/S. J. K. Jewellers, Vs. The Acit, Circle-1, Station Road, Near Rungta Bharuch. School, Bharuch. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj5951F (Assessee) (Respondent)

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 30.12.2016. ITA Nos.440 & 443//SRT/2018/AY.2014-15 M/s. J. K. Jewellers 2. Since, the issues involved in these two appeals, are common and identical; therefore, these appeals have been clubbed and heard together and a consolidated order is being passed for the sake of convenience

AMITKUMAR AGRAWAL,SURAT vs. ACIT, CIRCLE 1(2), SURAT

In the result, ground No.4 is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No. 25/Srt/2024 (Ay 2017-18) (Physical Court Hearing) Amitkumar Agrawal Assistant Commissioner Of Income- I-2474-75, Millennium Textile Tax, Circle-1(2), Surat, बनाम Market, Ring Road, Room No.213, 2Nd Floor, Vs Surat-395 002 Aaykar Bhavan, Opp. [Pan : Ajtpa 4052 E] New Civil Hospital, Majura Gate, Surat-395 001 अपीलाथ"/Appellant ""थ" /Respondent

section 115BBE, the ld Sr DR for the revenue supported the order of lower authorities. 7 Amitkumar Agrawal 11. We have considered the rival submission of ld AR for the assessee and Ld. ld. Sr-DR for the Revenue. Ground No.1, 2 & 3 relates to upholding the addition on account of unsecured loan, added u/s 68 and unexplained interest disallowance

INTERNATIONAL CREATIONS PRIVATE LIMITED,SURAT vs. INCOME TAX OFFICER, WARD-1, SURAT

In the result, the appeal of the assessee is allowed

Bench: SHRI DINESH MOHAN SINHA (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)

3. Since the assessee failed to deduct the TDS as per provisions u/s 194 of the Act, therefore, show cause notices were issued to the assessee as to why the proceedings u/s 201(1) and 201(1A) of the Act should not be initiated for the above default. In compliance, the assessee company submitted that inference drawn

THE DCIT, CIRCLE-3,, SURAT vs. M/S. JARIWALA ENTERPRISE,, SURAT

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

Bench: Shri Amarjit Singh, Jm & Shri O.P.Meena, Am Dy. Commissioner Of Income Tax, M/S. Jariwala Enterprises, Circle-3, Surat 120-121, Abhikram, Opp. Bhulka Bhavan School, Adajan, Surat-395010. Pan/Gir No.Aacfj0019L Appellant) .. Respondent) Revenue By Shri B. P. K. Panda (Sr. Dr) Assessee By Shri Mehul R. Shah

3, the revenue has challenged the deletion of addition which is the part of the said amount of Rs.1,50,41,236/- and 96,55,134/-. The Ld. Representative of the revenue has argued that an amount of Rs.1,50,41,236/- was not accounted in the P & L account, therefore, the same was not genuine