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

56. In the result, ground No. 8 of the appeal is allowed. 57. Ground No. 9 relates to making of adjustment of disallowance of provisions of post closer and pit covering expenses under book profit under section 115JB. Considering the facts that we have already deleted the disallowance of provisions of post closer and provision for pit covering expenses, therefore

SUPREME AUTO,,NA vs. ARIVS.THE PRINCIPAL COMMISSIONER OF INCOME TAX,, VALSAD

In the result, the appeal of the assessee is allowed

Bench: Shri Amarjit Singh&Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1141/Ahd/2016 िनधा"रणवष"/Assessment Year:2011-12 बनाम M/S. Supreme Auto, Principal Commissioner Of Vs. Bilimora Road, National Income-Tax- Valsad Highway No.8, Samroli, At Chikhli, Navsari - 396521. [Pan: Aamfs 3499 K] अपीलाथ" Appellant ""यथ"/Respondent Shri Rasesh Shah, Ca िनधा"रतीक"ओरसे /Assessee By Shri Prasenjit Singh, Cit(D.R.) राज"वक"ओरसे /Revenue By 22.10.2019 सुनवाईक"तारीख/ Date Of Hearing: 10.12.2019 उ"ोषणाक"तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Principal Commissioner Of Income-Tax- Valsad [In Short “The Pr. Cit ”] Dated 22.03.2016 Pertaining To Assessment Year 2011-12 Passed Under Section 263 Of Income Tax Act,1961 ( In Short ‘The Act’).

2)(b) of the Act. With regard to unsecured loan, it was submitted that these are old loan coming from last year, hence, no addition can be made during the year under consideration under section 68 of the Act. With regard to booking 4 Supreme Auto vs. Pr. CIT- Valsad /I.T.A.No.1141/AHD/2016/A.Y. 2011-12 advances, the assessee has given complete details

ITO, WARD-2(3)(8),, SURAT vs. SHRI SUNIL KUMAR P. JAIN,, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1164/Ahd/2017 िनधा"रण वष"/Assessment Year:2012-13 M/S. Supreme Auto, Principal Commissioner Bilimora Road, National Of Income-Tax- Valsad Highway No.8, Samroli, At Chikhli, Navsari 396 521 Pan: Aamfs 3499 K अपीलाथ" Appellant ""यथ"/Respondent

2 to section 263, still observed the section 263 can be invoked even where full facts are disclosed but the AO has not examined these details as per correct proposition of law. However, the learned counsel for the assessee submitted that no such addition have been made in subsequent assessment years. Where two views are possible, even then revision jurisdiction

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

56 persons, out of which 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

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

2 can be decided on merits. " 11. During the appellate proceedings, the copy of the remand report was provided to the assessee. The assessee, in response to the remand report, submitted his reply dated 21.03.2018 wherein it was stated as follows: 713/SRT/2018 & 534/SRT/2019/AY.2013-14 to 2014-15 M/s. Nya International "In para 4.2, the learned assessing officer observed some anomaly

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

2 can be decided on merits. " 11. During the appellate proceedings, the copy of the remand report was provided to the assessee. The assessee, in response to the remand report, submitted his reply dated 21.03.2018 wherein it was stated as follows: 713/SRT/2018 & 534/SRT/2019/AY.2013-14 to 2014-15 M/s. Nya International "In para 4.2, the learned assessing officer observed some anomaly

N R CORPORATION,SURAT vs. PCIT-1, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.526/Srt/2024 Assessment Year: 2018-19 (Physical Hearing) N. R. Corporation, Vs. The Pcit - 1, B-202, Capital Status, Opp – Hariom Surat Nagar, Near Atman Park, L. P. Savani Road, Adajan, Surat - 395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aamfn9368A (Appellant) (Respondent) Appellant By Shri Suresh K. Kabra, Ca Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 13/03/2025 Date Of Pronouncement 28/05/2025

2 was inserted below sub-section (1) with effect from 01.06.2015 to ITA No.526/SRT/2024/AY.2018-19 N. R. Corporation declare as to what shall be deemed to be “erroneous in so far as it is prejudicial to the interest of revenue”. The instances which would fall in the above category are:(i) the order is passed without making inquiries and verification which

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

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3,, SURAT vs. M/S. HAPPY HOME CORPORATION,, SURAT

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 143(2) of the Act was issued and served upon the assessee. The AO had noticed that assessee had accepted various unsecured loan during the year under consideration. On the basis of the details furnished, the AO has issued notices u/s.133(6) of the Act and also summons u/s.131 of the Act to various depositors to examine the genuineness

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3,, SURAT vs. M/S. HAPPY HOME CORPORATION,, SURAT

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 143(2) of the Act was issued and served upon the assessee. The AO had noticed that assessee had accepted various unsecured loan during the year under consideration. On the basis of the details furnished, the AO has issued notices u/s.133(6) of the Act and also summons u/s.131 of the Act to various depositors to examine the genuineness

ACIT, CENTRAL CIRCLE-4, SURAT vs. VALENCIA CORPORATION, SURAT

In the result, this appeal of revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) A.C.I.T. M/S Valencia Corporation, Central Circle-4, S. No. 400, T.P. No. 29 (Vesu-Rundh Vs. Surat. Magdalla), F.P. No. 45/2, Nr. Siddhivinayak Temple, Vesu, Surat (Gujarat) Pan : Aakfv 2329 K Appellant Respondednt C.O. No. 17/Srt/2023 (Arising Out Of Ita No. 257/Srt/2022)(Ay: 2016-17) M/S Valencia Corporation, A.C.I.T. S. No. 400, T.P. No. 29 (Vesu- Central Circle-4, Vs. Rundh Magdalla), F.P. No. 45/2, Surat. Nr. Siddhivinayak Temple, Vesu, Surat (Gujarat) Pan : Aakfv 2329 K Appellant/Objector Respondednt

section 250(5). 4. In addition and alternative to cross objection No. 1, 2, & 3, in view of the facts and circumstances of the case and in law, the Ld. CIT(A) has rightly appreciated the facts that entire amount of Rs. 2,56,70,912/- pertains to works contractor(i.e. Konark Infratech) and TDS

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.No.136 & 163/Srt/2023

56,700/- made u/s 69B of the I.T. Act without deciding the case where in substantive addition has been made and despite the facts that addition is based on incriminating details/document recovered during the search proceedings. 3. On the facts and in the circumstances of the case and in law, the CIT(A) has erred in deleting the addition

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.No.136 & 163/Srt/2023

56,700/- made u/s 69B of the I.T. Act without deciding the case where in substantive addition has been made and despite the facts that addition is based on incriminating details/document recovered during the search proceedings. 3. On the facts and in the circumstances of the case and in law, the CIT(A) has erred in deleting the addition

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

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.No.136 & 163/Srt/2023

56,700/- made u/s 69B of the I.T. Act without deciding the case where in substantive addition has been made and despite the facts that addition is based on incriminating details/document recovered during the search proceedings. 3. On the facts and in the circumstances of the case and in law, the CIT(A) has erred in deleting the addition

ITO, WARD-3(3)(4), SURAT vs. M/S. SATYAM ENTERPRISE, SURAT

In the result, this part of issue is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) I.T.O., M/S Satyam Enterprise, Ward- 3(3)(4), 182-Thakordwar Society, Nr. Vs. Surat. Spinning Mill, Varachha Road, Surat. Pan No. Abvfs 5076 L Appellant/ Assessee Respondent/ Revenue

2. Whether, on facts and circumstances of the case and in law the Ld. CIT (A) was justified in deleting the addition in the case of Sub Contractor Shri Jyantkumar Hirani, on account of assessee's failure to deduct TDS ITO Vs M/s Satyam Enterprise on Labour Contract Expenses, by observing that the said person has not filed ROI because

SHRI LALCHAND DHARIWAL,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(2)(3),, SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.2623/Ahd/2016 िनधा"रण वष"/Assessment Year:2012-13 Shri Lalchand P. Dhariwal, Income Tax Officer, Prop. M/S. Adinath Textile , Ward- 1(2)(3) Surat O-21-23 Bombay Market Umarwada Surat Pan: Aatpd 0682 Q अपीलाथ" Appellant ""यथ"/Respondent

section 68 by providing details to establish genuineness of transaction, identity and creditworthiness of depositors then the assessee is not expected to prove genuineness of cash deposited in bank account of those creditors because under the law the assessee can be asked to prove the source of credits in his books of accounts but not the source of source

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

56 (All) (5) Sri Sri Nilkantha Narayan Singh Vs CIT (1951) 20 ITR 8 (Pat) (6) CIT Vs Kulvant Rai 291 ITR 36 (Del) (7) S.R. Venkata Ratnam Vs CIT (1980) 48 CCH 0619 (Kar) (8) Vinatha Madhusudan Reddy Vs ACIT (2018) 54 CCH 0151 (Mum Trib) (9) R.S. Diamonds India (P) Ltd. Vs ACIT (2022) 145 taxmann.com