SYAMA DYNAMIC ENGINEERING PVT. LTD.,,SURAT vs. ASSTT. COMMISSIONER OF INCOME TAX, CPC, BANGALORE, SURAT

In the result, both the appeals filed by assessees are allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.12 & 13/Srt/2022 "नधा"रणवष"/Assessment Years: (2017-18 To 2018-19) (Virtual Court Hearing) Syama Dynamics Engineering P. Ltd., Vs. The Acit, Cpc, 405-408, Shivalik Western, Dr. Vikram Bengaluru. Sarabhai Marg, Adajan, Surat – 395009. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aatcs2932H Assessee By Shri Ashwin Shah, Ca With Shri Bhadreshbhai Respondent By Shri Vinod Kumar, Sr.Dr Date Of Hearing 20/12/2022 Date Of Pronouncement 30/12/2022

Section 36(1)(va) r.w.s 43B. The balance amount to be allowed as per law, if there is no further disallowance thereon, such as TDS

SYAMA DYNAMIC ENGINEERING PVT. LTD.,,SURAT vs. ASSTT. COMMISSIONER OF INCOME TAX, CPC, BANGALORE, SURAT

In the result, both the appeals filed by assessees are allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.12 & 13/Srt/2022 "नधा"रणवष"/Assessment Years: (2017-18 To 2018-19) (Virtual Court Hearing) Syama Dynamics Engineering P. Ltd., Vs. The Acit, Cpc, 405-408, Shivalik Western, Dr. Vikram Bengaluru. Sarabhai Marg, Adajan, Surat – 395009. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aatcs2932H Assessee By Shri Ashwin Shah, Ca With Shri Bhadreshbhai Respondent By Shri Vinod Kumar, Sr.Dr Date Of Hearing 20/12/2022 Date Of Pronouncement 30/12/2022

Section 36(1)(va) r.w.s 43B. The balance amount to be allowed as per law, if there is no further disallowance thereon, such as TDS

SACH ELECTRO MECH PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1)(2),, SURAT

In the result ground No. 4 of the appeal is allowed

Bench: Shri Pawan Singh, Hon'Ble & Dr Arjun Lal Saini, Hon'Ble(Virtual Court - Virtual Hearing) आ.अ.सं./I.T.A No.262/Ahd/2017 "नधा"रण वष"/Assessment Year: 2013-14 Sach Electro Mech Pvt. Ltd., V The Income Tax Officer, C/2, Maheshwari Apartment, S Ward-2(1)(2), Surat. Timaliyawad, Nanpura, . Surat – 395 001. [Pan: Aaics 8963 M] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Manish J.Shah – Ar राज"वक"ओरसे /Revenue By Mrs. Anupam Singla – Sr.Dr

section 36(1)(va) of Rs. 3,11,536/-, disallowed Rs. 90,637/- being the payment of interest to the Kotak Mahindra Prime Ltd., disallowed Rs.1,27,628/- the interest paid on late payment of TDS

ACIT, CENTRAL CIRCLE, VAPI vs. M/S. SHAH VIRCHAND GOVANJI JEWELLERS PVT. LTD, SURAT

In the result, ground No. 2 of appeal raised by revenue is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 36(1)(ii) would not apply, however, it is allowable u/s.37(1) of the Act. 33. In the present case also the AO has failed to establish that the commission paid to the recipient Directors was payable as profits or dividends of the assessee company. Per contra, from the facts and circumstances revealed from the orders of the authorities

ACIT, CENTRAL CIRCLE, VAPI vs. M/S. SHAH VIRCHAND GOVANJI JEWELLERS PVT. LTD, SURAT

In the result, ground No. 2 of appeal raised by revenue is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 36(1)(ii) would not apply, however, it is allowable u/s.37(1) of the Act. 33. In the present case also the AO has failed to establish that the commission paid to the recipient Directors was payable as profits or dividends of the assessee company. Per contra, from the facts and circumstances revealed from the orders of the authorities

HARMONY YARNS PVT. LTD.,SURAT vs. PR. COMMISSIONER OF INCOME TAX -1, SURAT

In the result, the appeal filed by the assessee is partly allowed in above terms

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.348/Srt/2023 Assessment Year: (2018-19) (Physical Hearing) Harmony Yarns Private Vs. The Pcit-1, Limited, Surat Plot-65, 1St Floor Subhash Nagar Society, Ghod Dod Road, Nr. Ram Chowk, Surat – 395001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaach5895F (Appellant) (Respondent) Appellant By Shri Rasesh Shah, Ca Respondent By Shri Airiju Jaikaran, Cit(Dr) Date Of Hearing 12/10/2023 23/11/2023 Date Of Pronouncement

Section 263 of the Income Tax Act and is required to be revised u/s 263 of the Act, 1961. Accordingly, ld. PCIT issued show cause notice bearing DIN No. ITBA/COM/F/17/2022- 23/1050992059(l) dated 20.03.2023 and was duly served upon the assessee, through e-proceedings and the assessee -company was provided an opportunity of being heard and to offer explanation

DCIT, CIRCLE-2(1)(2), SURAT vs. M/S. SHREE DURGA SYNTEX PVT. LTD, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) D.C.I.T. M/S Shree Durga Syntex Pvt. Ltd., Circle-2(1)(2), Block No. 129 & 175, Plot No. Z&E, R.S. Vs. Room No. 205, Aayakar No. 120, Tal: Jolva-394305, Dist- Surat. Bhavan, Majura Gate, Pan: Aabcd 8894 P Surat. Appellant Respondednt M/S Shree Durga Syntex Pvt. Ltd., A.C.I.T. Block No. 129 & 175, Plot No. Circle-4, Vs. Z&E, Jolva Rs No. 120 & 120/1, Surat. Surat-394305. Pan: Aabcd 8894 P Appellant Respondednt

36(1)(va) of the Act respectively and treating the same as income u/s 2(24)(x) of the Act. 2. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted. 3. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing

SHREE DURGA SYNTEX PRIVATE LIMITED,SURAT vs. ACIT, CIRCLE-4, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) D.C.I.T. M/S Shree Durga Syntex Pvt. Ltd., Circle-2(1)(2), Block No. 129 & 175, Plot No. Z&E, R.S. Vs. Room No. 205, Aayakar No. 120, Tal: Jolva-394305, Dist- Surat. Bhavan, Majura Gate, Pan: Aabcd 8894 P Surat. Appellant Respondednt M/S Shree Durga Syntex Pvt. Ltd., A.C.I.T. Block No. 129 & 175, Plot No. Circle-4, Vs. Z&E, Jolva Rs No. 120 & 120/1, Surat. Surat-394305. Pan: Aabcd 8894 P Appellant Respondednt

36(1)(va) of the Act respectively and treating the same as income u/s 2(24)(x) of the Act. 2. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted. 3. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing

ENGINEERING PROFESSIONAL CO. PVT LTD,SURAT vs. PCIT-1, SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.541/Srt/2024 Assessment Year: (2018-19) (Physical Hearing) Engineering Professional Co. Pvt. Ltd., Vs. The Pcit -1, 444, Royal Arcade, Opp. Sarthana Zoo, Surat Varachha Road, Near Sarthana Jakatnaka, Surat – 395006, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabce0313Q (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Ravi Kant Gupta, Cit(Dr) Date Of Hearing 13/02/2025 Date Of Pronouncement 19/02/2025

36,800 13 Mangukiya Brothers Project Pvt Ltd AALCM5099B 5,492,000 (TDS Deducted) 14 Mehulbhai Jaysukhbhai Vekariya (CR) AWZPV5715A 123,000 (TDS Deducted) 15 Nitin R Bhavani (TDS Deducted) AQHPB2009D 5,113,964 16 NR EPC Project Private Limited (TDS AAFCN2999F 27,818,478 Deducted) 17 Prakash Patel (TDS Deducted) CTGPP720SK 470,000 18 Rajeshkumar Pawar (TDS Deducted) BAZPP4070P

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

LATE MAHESH RAMANLAL MODI L/H MANISH MAHESH MODI,BHARUCH vs. ACIT CIRCLE-1, BHARUCH

In the result, ground No. VII of appeal raised by the assessee is also allowed for statistical purposes

Bench: Shri Pawan Singh & Shri Bijayananda Pruseth(Physical Hearing) Late Mahesh Ramanlal Modi, A.C.I.T., Through L-H Manish Mahesh Modi, Circle-1, Vs. Near Shakuntal Apartment, Dahej Bharuch. Bypass Road At Nandelav, Bharuch-392001 (Gujarat) Pan No. Adfpm 4030 N Appellant/ Assessee Respondent/ Revenue

36,794/- under Section 69B of the Act. 5. The Assessing Officer further noted that in Schedule-AL, the assessee has shown commercial property/asset at Revenue Survey No. 3, Vasugana, Bharuch of Rs. 16,61,908/- but no income under the head ‘house property’ is offered against such property. The assessee was issued show cause notice as to why deem

ESSAR STEEL LOGESTICS LIMITED,SURAT vs. DY. CIT CIRCLE 1(1))1), SURAT

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

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.695/Srt/2018 िनधा"रण वष"/Assessment Year: 2014-15 Essar Steel Logistics Limited, Vs Dy.Commissioner Of 27 Km Hazira, Surat Road, . Income Tax, [Circle- Hazira, Surat. 1(1)(1)], Surat. [Pan: Aadce 3876 A] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओर से /Assessee By Shri Rajesh Bhanwala – Ca राज"कीओर से /Revenue By Ms. Usha Shrote – Sr.Dr सुनवाई की तारीख/ Date Of Hearing: 24.03.2021 उद्घोषणा की तारीख/Pronouncement On: 25.03.2021 आदेश /O R D E R Per Pawan Singh: 1. This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals)-1, Surat, Hereinafter Referred As “Ld.Cit(A)” Dated 27.08.2018 For The A.Y.2014-15. The Assessee Raised The Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case & In Law On The Subject, Assessing Officer Has Erred In Making Addition Of Rs.12,45,026/- U/S. 36(1)(Va) On Account Of Employees Pf Contribution. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, Assessing Officer Has Erred In Making Addition Of Rs.86,75,510/- On Account Of Undisclosed Receipt In Case Of Short Claim Of Tds Of Rs.1,73,511/-.

36(1)(va) on account of Employees PF Contribution. 2. On the facts and circumstances of the case as well as law on the subject, Assessing Officer has erred in making addition of Rs.86,75,510/- on account of Undisclosed Receipt in case of short claim of TDS of Rs.1,73,511/-. Essar Steel Logistics Limited Vs. DCIT, ITA No.695/SRT/2018

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, SURAT vs. M/S. KEJRIWAL INDUSTRIES LTD.,, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain & Shri O.P.Meena

TDS, Circle- Ranchi under section 131 (1)(d) of the Act to conduct enquiries in case of the lenders based at Ranchi. The said officers have sent the enquiry reports, which are framing part of assessment order. The findings of the AO as per chart is as under: S. Name of the Alleged Findings of enquiry N. Lenders Loan(includi

VIKAS VAISHNAV,SURAT vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, SURAT, SURAT

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.309/Srt/2025 Assessment Year: (2018-19) (Physical Hearing) Vikas Vaishnav Principal Commissioner Of बनाम/ Plot No.261/262, 2Nd Floor, Income-Tax, Surat-1, Income Tax Vs. Office, 123, 1St Floor, Aaykar Right Side, Jay Santoshi Nagar, L.H. Road, Surat – 394 210 Bhavan, Majura Gate, Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Anspv 9504 D (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 263 of the Act. The impugned issue which was non deduction of TDS on rent expenses of Rs.3,36

SACH ELECTRO MECH PVT. LTD.,,SURAT vs. PR. CIT-2, SURAT

In the result, the grounds of appeal raised by the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court)

section 263 dated 20.03.2018. Before passing, the revision order, the ld. Pr. CIT, on perusal of assessment record noted that assessee has shown the sales of services above ten lakh and have shown total revenue on account of rendering service of Rs. 25,40,05,845/-. It was further noted that the assessee has claimed TDS credit

SHRI PRAKASH F.SINGH,,VAPI vs. THE ITO, WARD-7,, VAPI

In the result, appeals of the Assessees (in ITA No

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.618/Srt/2018 (िनधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Prakash F Singh, The Income Tax Officer, V Ward-7, Room No.810, 8Th Floor, Rbl, 63/751, Chanod Colony, Gidc, S. Vapi-396195 Fortune Square-Ii, Vapi Daman Road, Chala, Vapi-396191 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Asnps 4835N (Assessee) (Respondent)

TDS 47,025/- ITA Nos.618 & 623/SRT/2018 A.Y. 2011-13 Prakash F Singh &Gurfan A Chaudhury The Assessing Officer initiated penalty proceedings u/s 271(1)(c) of the Act on above additions / disallowances for concealment of income and issued notices u/s 271(1)(c) r.w.s. 274 of the Act on 13.02.2017. 5. During the penalty proceedings, the assessing officer held that

SHRI GUFRAN AHMED CHAUDHARI,,VALSAD vs. THE INCOME TAX OFFICER, VAPI WARD-1,, VAPI

In the result, appeals of the Assessees (in ITA No

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.618/Srt/2018 (िनधा"रणवष" / Assessment Year: (2011-12) (Virtual Court Hearing) Prakash F Singh, The Income Tax Officer, V Ward-7, Room No.810, 8Th Floor, Rbl, 63/751, Chanod Colony, Gidc, S. Vapi-396195 Fortune Square-Ii, Vapi Daman Road, Chala, Vapi-396191 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Asnps 4835N (Assessee) (Respondent)

TDS 47,025/- ITA Nos.618 & 623/SRT/2018 A.Y. 2011-13 Prakash F Singh &Gurfan A Chaudhury The Assessing Officer initiated penalty proceedings u/s 271(1)(c) of the Act on above additions / disallowances for concealment of income and issued notices u/s 271(1)(c) r.w.s. 274 of the Act on 13.02.2017. 5. During the penalty proceedings, the assessing officer held that

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR - 4, SURAT vs. NARESHKUMAR B. AGARWAL, SURAT

36,000)\n5,000/- IT (decoded amount 50,00,000)\n700/- IT (decoded amount 7,00,000)\ng) In the assessment order, the last entry is inserted as TDS Rs. 1,15,000/- just\nto match the TDS of plot No. 224 purchased by the Respondent. It is\nstrongly submitted that there is absolutely no such entry like TDS