RUGHNATHPURA SAURASHTRA NAGRIK DHIRAN SAHAKARI MANDLI LTD,SURAT vs. DCIT, CIRCLE-3(1), SURAT

In the result, both the grounds of appeal raised by assessee are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

54,107/- and Rs. 3,70,116/- respectively. In the return of income, the assessee has not shown such interest income of aggregating of Rs. 5,24,223/-. The Assessing Officer made addition of such interest income and initiated penalty proceedings. 4. On appeal before the ld. CIT(A) in quantum assessment, the appeal was dismissed. After dismissal of appeal

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

2 Mendpara Sangani & Co. (TDS AAWFM8259R 1,10,000 Deducted) 3 Rekha M. Doshit (TDS Deducted) AAJPD6642E 950,000 4 Other small Professional Fees Expense - 3,960,400 TOTAL 5,115,400 4.1 The ld. AR further submitted that daily wage payment sheets are available at pages 146 to 169 of the paper book. It shows payments of wage

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

54 are based at Ranchi and remaining two are group concerns of the assessee. The AO had issued DCIT, Circle-1(1)(2), Surat Vs. Kejriwal Industries Ltd.,/ITA No.1509/AHD/2016 for A.Y. 2011-12 Page 4 of 49 commissions to DCIT, Circle-1, Ranchi and ACIT-TDS, Circle- Ranchi under section

CHANCHALBEN DAHYABHAI PATEL,DAMAN vs. INCOME TAX OFFICER, DAMAN

54,009/- on account of C.D. Petroleum-2\nbecause out of total deposits of Rs.13,91,98,359/- only Rs.10,93,44,350/- was\nshown as sales by the appellant. The AO has, however, excluded cash deposit\nof Rs.89,00,000/- while working out profit on the above difference.\n4.4\nThe AO found that assessee was maintaining seven bank accounts

ACIT, CIRCLE 1(2), SURAT vs. M/S NYA INTERNATIONAL,, SURAT

In the result, ground nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.713/Srt/2018 Assessment Year: (2013-14) (Virtual Court Hearing) The Acit, Circle-1(2), Vs. M/S. Nya International, Surat. Unit No. 360, Plot No. 239, Sez, Gidc, Sachin, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfn1681M (Revenue)/(Assessee) (Assessee)/(Respondent) आयकर अपील सं./Ita No.534/Srt/2019 Assessment Year: (2014-15) The Acit, Circle-1(2), Vs. M/S. Nya International, Surat. Unit No. 360, Plot No. 239, Sez, Gidc, Sachin, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfn1681M (Revenue)/(Assessee) (Assessee)/(Respondent) Shri Rasesh Shah, Ca Assessee By Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 30/12/2022 Date Of Pronouncement 22/02/2023

section 144/ 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since these two appeals filed by the Revenue pertaining to same assessee and identical and common issues are involved, therefore, these have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity. 713/SRT/2018 & 534/SRT/2019/AY.2013-14

ACIT, CIRCLE 1(2), SURAT vs. NYA INTERNATIONAL,, SURAT

In the result, ground nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.713/Srt/2018 Assessment Year: (2013-14) (Virtual Court Hearing) The Acit, Circle-1(2), Vs. M/S. Nya International, Surat. Unit No. 360, Plot No. 239, Sez, Gidc, Sachin, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfn1681M (Revenue)/(Assessee) (Assessee)/(Respondent) आयकर अपील सं./Ita No.534/Srt/2019 Assessment Year: (2014-15) The Acit, Circle-1(2), Vs. M/S. Nya International, Surat. Unit No. 360, Plot No. 239, Sez, Gidc, Sachin, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfn1681M (Revenue)/(Assessee) (Assessee)/(Respondent) Shri Rasesh Shah, Ca Assessee By Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 30/12/2022 Date Of Pronouncement 22/02/2023

section 144/ 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since these two appeals filed by the Revenue pertaining to same assessee and identical and common issues are involved, therefore, these have been clubbed and heard together and a consolidated order is being passed for the sake of convenience and brevity. 713/SRT/2018 & 534/SRT/2019/AY.2013-14

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

section 201(1) for non- deduction of tax and created a demand of Rs.83,442/- in the following manner:- Sr. Payee of interest Amount of TDS to be TDS Demand u/s No. interest paid deducted @ 1% deducted 201(1) 1 Ashish Varma 200094 20009 0 20009 2 Kunjgali Trust 250929 25093 0 25093 3 Revaben Ramanbhai

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

section 201(1) for non- deduction of tax and created a demand of Rs.83,442/- in the following manner:- Sr. Payee of interest Amount of TDS to be TDS Demand u/s No. interest paid deducted @ 1% deducted 201(1) 1 Ashish Varma 200094 20009 0 20009 2 Kunjgali Trust 250929 25093 0 25093 3 Revaben Ramanbhai

BANK OF INDIA,SURAT vs. ITO (TDS-1), SURAT, SURAT

In the result, assessee’s both appeals are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

section 201(1) for non- deduction of tax and created a demand of Rs.83,442/- in the following manner:- Sr. Payee of interest Amount of TDS to be TDS Demand u/s No. interest paid deducted @ 1% deducted 201(1) 1 Ashish Varma 200094 20009 0 20009 2 Kunjgali Trust 250929 25093 0 25093 3 Revaben Ramanbhai

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

section 201(1) for non- deduction of tax and created a demand of Rs.83,442/- in the following manner:- Sr. Payee of interest Amount of TDS to be TDS Demand u/s No. interest paid deducted @ 1% deducted 201(1) 1 Ashish Varma 200094 20009 0 20009 2 Kunjgali Trust 250929 25093 0 25093 3 Revaben Ramanbhai

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-3, SURAT vs. SH. HARESHBHAI MOHANBHAI SAKARIYA, SURAT

In the result, Revenue’s appeal is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A No.01/Srt/2021 (Ay 2010-11) It(Ss)A No.09/Srt/2020 (Ay 2014-15) (Hearing In Physical Court) Deputy Commissioner Of Shri Dineshchandra D Income-Tax, Central Circle- Koradia, 3Room No.507, 5Th Floor, 9/10, Dayanand Society, Aayakar Bhawan, Majura B/H.Navyug College, Gate, Surat-395001 Rander Road, Surat Pan No: Acupk 3696 A Assistant Commissioner Of Vs Income-Tax, Central Circle-3, Room No.507, 5Th Floor, Aayakar Bhawan, Majura Gate, Surat-395001 Appellant / Revenue Respondent /Assessee

TDS made on such interest and the amount received and repaid during the year. Such details are recorded by ld CITA) at page No. 18 & 19 of his order. The assessee also stated that the assessing officer considered only peak of all transaction and made addition of Rs. 4.15 Crore in AY 2010-11 and Rs. 2.14 Crore

SANJAY MAHADEV KHOPKAR,THANE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIR.-3(2), , SURAT

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

Bench: Shri Pawan Singh(Physical Hearing) Sanjay Mahadev Khopkar, A.C.I.T., C-102, Sanskar Jyot, Gaon Devi Circle-3(2), Vs. Road, More Tower Dombivilli West Surat. Kalyan, Thakurli Thane, Maharastra-421201. Pan No. Agipk 1744 K Appellant/ Assessee Respondent/ Revenue

Section 143(1) dated 31/5/2018 and created demand of Rs. 215,330/- for want of TDS not deposited by the employer in the account of Central Government. The appeal of assessee was also dismissed by the ld. NFAC vide its order dated 29/03/2022 by taking a view that only amount in Form 26AS is Rs. 54,500/-. Credit against which

FORTUNE DREAM CON PVT. LTD,VAPI vs. ITO, WARD-2, VAPI, VAPI

In the result, appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.321/Srt/2019 ("नधा"रणवष" / Assessment Years: (2014-15) (Physical Court Hearing) Vs. The Ito, Ward-2, 3Rd Floor, Fortune Dream Con Pvt. Ltd., Plot No. 165/C/3, Opp. Fortune Pakak Arcade, Aayakar Bhavan, Mall, Gidc, Vapi. Shantinagar Tithal Road, Valsad "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcf 4561 F (Assessee) (Respondent) Assessee By : Shri Suresh K. Kabra, Ca Revenue By : Shri Deependra Kumar, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 29/04/2022 घोषणाक"तार"ख/Date Of Pronouncement : 10/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2014-15, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Valsad [In Short “The Ld. Cit(A)”] In Appeal No. Cit(A)/Vls/115/17-18 Dated 14.05.2019 Which In Turn Arises Out Of Penalty Order Passed By Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”] Dated 30.06.2017. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1. The Ld Cit(A) Had Erred On The Facts Of The Case In Upholding The Levy Of Penalty U/S 271(1)(C) Of The Act.”

section 271(1)(c) of the Income Tax Act, 1961 [hereinafter referred to as the “Act”] dated 30.06.2017. 2. Grounds of appeal raised by the assessee are as follows: “1. The Ld CIT(A) had erred on the facts of the case in upholding the levy of penalty u/s 271(1)(c) of the Act.” 3. Succinct facts are that

ACIT, CC-3, SURAT vs. SHRI NARESH NEMCHAND SHAH, SURAT

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.197/Srt/2020 ("नधा"रणवष" / Assessment Years: (2012-13) (Physical Court Hearing) The Acit, Central Cir.-3, Vs. Naresh Nemchand Shah, Surat. Abhishek House, Bh. Jeevan Bharti School, Kadampali Society, Nanpura, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acrps 0182 J (Assessee)/(Revenue) (Respondent)/(Assessee)

54,750/-. We note that the issue under consideration is covered against the assessee by the Judgment of Hon`ble Calcutta High Court in the case of Swati Bajaj and others, in IA No.GA/2/2022, order dated 14.06.2022, wherein the Hon`ble Court held as follows: “It was argued by the learned Advocates for the assessees that their clients

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

2. Brief facts of the issue in dispute are stated as under. The assessee before us is a Private Limited Company and had filed its return of income for A.Y. 2018-19, on 17.11.2018, declaring total income at Rs. Nil. The assessee`s case was selected for complete scrutiny under E-Assessment Scheme, 2019, having specific issue of examination

ARJUNSINH HARISINH THAKOR,SURAT vs. INCOME TAX OFFICER, BARDOLI

In the result, grounds No

Bench: Shri Pawan Singh(Physical Hearing) Arjunsinh Harisinh Thakor, I.T.O., 1 Thakor Niwas, Zanda Chowk, Ward-1, Vs. Tarasadi Road, Kosamba, Bardoli. Surat-394120. Pan No. Aabpt 1270 G Appellant/ Assessee Respondent/ Revenue

54 CCH 0151 (Mum Trib) (9) R.S. Diamonds India (P) Ltd. Vs ACIT (2022) 145 taxmann.com 545 (Mum-Trib) 8 Arjunsinh Harisinh Thakor Vs ITO (10) ACIT Vs Baldev Raj Charia & Ors. 121 TTJ 366 (Del-Trib) (11) Om Prakash Nahar Vs ITO (2022) 135 taxmann.com 377 (Del-Trib) 9. On retrospective amendment under Section 115BBE

ASSISTANT COMMISSIONER OF INCOME TAX, VAPI CIRCLE, VAPI vs. JASHMIN KANTILAL PATEL, VAPI

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.125/Srt/2023 Assessment Year: (2017-18) (Physical Hearing) The Acit, Vs. Jashmin Kantilal Patel, Vapi Circle, Plot No.320/9, 40 Shed Area, Gidc, Vapi Vapi – 396191. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agcp0492M (Appellant) (Respondent) Shri Vinod Kumar, Sr. Dr Appellant By Shri Mehul Shah, Ca Respondent By Date Of Hearing 09/08/2023 Date Of Pronouncement 28/08/2023

section 143(1) of the Act, to the tune of Rs.2,13,98,205/- (The said income / addition of Rs.2,13,98,205/- relates to total TDS of Rs.1,60,305/-). 5. On appeal by assessee, the ld CIT(A) deleted the addition observing as follows: “Facts of the case and appellant's submission were perused. Taxability of income comes

ACIT, CC - 2., SURAT vs. M/S. MANGALMURTY DEVELOPERS, SURAT

In the result, ground No. 2 raised by the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.217/Srt/2020 "नधा"रण वष"/Assessment Year: (2016-17) (Virtual Court Hearing) The Acit, Central Circle-2, Vs. M/S. Mangalmurti Developers, Surat. 17/18, Astvinayak Raw House, Near Parshuram Garden, Adajan, Surat-395001. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aavfm9510C

section 143(2) of the I.T. Act dated 08.09.2017 was issued and duly served upon the assessee. 4. Thereafter, a show cause notice was issued by assessing officer on 11/12/2018, fixing date of hearing on 14/12/2018. The contents of the show cause notice are reproduced by Assessing Officer at page nos. 2 to 4 of assessment order. 5. In response