SIDDHI VINAYAK KNOTS & PRINTERS PVT. LTD.,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT

In the result, all the appeals of the assessee are allowed and appeals of revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A Nos. 40, 41, 42, 43 & 115/Srt/2021 (Assessment Years 2010-11 To 2014-15) (Physical Hearing) Siddhi Vinayak Knots & Prints D.C.I.T., Pvt. Ltd., Central Circle-2, Vs. A-26, Central Park, Gidc, Surat. Pandesara, Surat-394221. Pan No. Aamcs 4421 L Appellant/ Assessee Respondent/ Revenue

u/s 143(3). 3. On the facts and circumstances of the case as well as law on the subject, the ld. CIT(A) has erred in partly confirming the action of Assessing Officer by sustaining the addition of Rs. 1,30,09,514/- out of total addition of Rs. 4,68,34,249/- on account of alleged bogus purchase

SHRIFAL IMPEX PVT. LTD.,,SURAT vs. INCOME TAX OFFICER, WARD - 2(1)(3), SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

u/s 148 of the Act, there should be evidence on record or specific information received from outside agencies or gathered by the AO to demonstrate that there is a prima facie case of escapement of income. 7.4.20 In the instant case, it is an admitted fact that the AO received specific information from two Investigating Agencies .e. DRI and DDIT

SHRIFAL IMPEX PRIVATE LIMITED,SURAT vs. INCOME TAX OFFICER, WARD - 2(1)(3), SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

u/s 148 of the Act, there should be evidence on record or specific information received from outside agencies or gathered by the AO to demonstrate that there is a prima facie case of escapement of income. 7.4.20 In the instant case, it is an admitted fact that the AO received specific information from two Investigating Agencies .e. DRI and DDIT

SHRIFAL IMPEX PVT. LTD.,,SURAT vs. INCOME TAX OFFICER, WARD - 2(1)(3), SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.190 To 191/Srt/2023 Assessment Year: (2011-12 To 2012-13) (Physical Hearing) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent) आयकर अपील सं./Ita No.250/Srt/2023 Assessment Year: (2014-15) Shrifal Impex Private Limited, Vs. The Ito, No.504, 5Th Floor, H. No.6/B/1739- Ward-2(1)(3), 1380, Parshwa Complex Thoba Sheri, Surat Mahidharpura, Surat – 395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs4409E (Appellant) (Respondent)

u/s 148 of the Act, there should be evidence on record or specific information received from outside agencies or gathered by the AO to demonstrate that there is a prima facie case of escapement of income. 7.4.20 In the instant case, it is an admitted fact that the AO received specific information from two Investigating Agencies .e. DRI and DDIT

ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE -2, SURAT vs. SHAH MAGANLAL GULABCHAND CHOKSI, SURAT

In the result, appeals of assessee are allowed for statistical purpose

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)

bogus entity during survey proceedings and in the subsequent proceedings before the department. Further, mere payments made by cheques or RTGS does not establish that the said gold was received immediately and same was serially and genuinely sold to unknown 2200 purchasers against demonetized currency notes. Even survey could not find evidence of such series of sale by assessee

SHAH MAGANLAL GULABCHAND CHOKSI,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT

In the result, appeals of assessee are allowed for statistical purpose

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)

bogus entity during survey proceedings and in the subsequent proceedings before the department. Further, mere payments made by cheques or RTGS does not establish that the said gold was received immediately and same was serially and genuinely sold to unknown 2200 purchasers against demonetized currency notes. Even survey could not find evidence of such series of sale by assessee

INCOME TAX OFFICER, WARD-1(1)(3), SURAT vs. M/S. KHAZANA BAZAR PRIVATE LIMITED, SURAT

In the result, the 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.333/Srt/2022 Assessment Year: (2014-15) (Physical Hearing) The Ito, Ward-1(1)(3), Vs. M/S. Khazana Bazar Pvt. Ltd., Surat. C-104, Radha Raman Textile Market, Saroli, Surat- 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aafck0726P (Assessee) (Respondent) आयकर अपील सं./Ita No.334/Srt/2022 Assessment Year: (2014-15) M/S. Khazana Bazar Pvt. Ltd., Vs. The Ito, Ward-1(1)(3), C-104, Radha Raman Textile Surat. Market, Saroli, Surat- 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aafck0726P (Assessee) (Respondent)

u/s 133(6) of the IT Act established that the purchases made by the assessee were not genuine. The assessee failed to discharge its onus to establish that the purchases were genuine. The AO clearly noticed that the purchases bills had been raised and the payment made ranging from Rs.15000 to Rs.20,000/-. On perusal of the list

KHAZANA BAZAR PVT. LTD.,SURAT vs. INCOME TAX OFFICER, WARD - 1(1)(3), SURAT

In the result, the 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.333/Srt/2022 Assessment Year: (2014-15) (Physical Hearing) The Ito, Ward-1(1)(3), Vs. M/S. Khazana Bazar Pvt. Ltd., Surat. C-104, Radha Raman Textile Market, Saroli, Surat- 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aafck0726P (Assessee) (Respondent) आयकर अपील सं./Ita No.334/Srt/2022 Assessment Year: (2014-15) M/S. Khazana Bazar Pvt. Ltd., Vs. The Ito, Ward-1(1)(3), C-104, Radha Raman Textile Surat. Market, Saroli, Surat- 395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aafck0726P (Assessee) (Respondent)

u/s 133(6) of the IT Act established that the purchases made by the assessee were not genuine. The assessee failed to discharge its onus to establish that the purchases were genuine. The AO clearly noticed that the purchases bills had been raised and the payment made ranging from Rs.15000 to Rs.20,000/-. On perusal of the list

DY. COMMISSIONER OF INCOME TAX, CENTRA CIR.2, SURAT vs. DAGINA JEWELLERS INDIA PVT. LTD., SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT vs. M/S. DAGINA JEWELLERS PVT. LTD., , SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

DAGINA JEWELLERS INDIA (P) LTD,SURAT vs. ACIT, CENTRAL CIRCLE-2, SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

DAGINA JEWELLERS INDIA (P) LTD,SURAT vs. ACIT, CENTRAL CIRCLE-2, SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

DAGINA JEWELLERS INDIA (P) LTD,SURAT vs. ACIT, CENTRAL CIRCLE-2, SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

DAGINA JEWELLERS INDIA (P) LTD,SURAT vs. ACIT, CENTRAL CIRCLE-2, SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

DAGINA JEWELLERS INDIA (P) LTD.,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.,2, SURAT

In the result, grounds Nos

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

133A of the Act was carried out by the DDIT (Inv.)-1, Surat on 01/02/2017. During the survey action evidences in respect of excess stock, cash deposits during demonetization period, two different sets of accounts in the computer, shortage of cash etc. were found and impounded. During the course of survey action a hard disc (a data make

RAJESH PODDAR,SURAT vs. ACIT CENTRAL CIRCLE-4, SURAT

In the result, assessee's appeal is dismissed

purchased jewellery from 4 parties at Surat. They\nwere Charu Jewels, Virat Bipinchandra Zaveri, Rajiv Exports and Anupama\nSumit Bothra. A survey u/s 133A was conducted in these four cases on\n17.12.2020. In course of survey, all the four jewellers submitted that they had\nnot sold any jewellery and the payments made by the appellant and his family\n31\nITA

AJAY KALISHCHANDRA BOHRA,DAMAN vs. PCIT, VALSAD

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

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No. 549/Srt/2024 (Ay 2017-18) (Physical Court Hearing) Ajay Kalishchandra Bohra Principal Commissioner Of Income- 1, Plot No.22B, Daman Industrial Tax, Valsad, 301, 3Rd Floor, Palak बनाम Estate, Somnath Road, Dabhel, Arcade, Shantinagar, Tithal Road, Vs Daman-396 215 Valsad-396 001 [Pan : Ackpb 2567 R] अपीलाथ"/Appellant ""थ" /Respondent

u/s 133A was conducted in the case of M/s Unique Polypack. During the course of survey on the basis of impounded material, Shri Nilesh R Patel, Accountant of firm, M/s Unique Polypack, has accepted that the purchases of the firm was bogus

NAZAR IMPEX PRIVATE LIMITED,SURAT vs. INCOME TAX OFFICER-1(1)(3), SURAT (CURRENT JURISDICTION), SURAT

In the result, assessee’s appeal is allowed

Bench: Ms. Suchitra Raghunath Kamble & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1212/Srt/2024 Assessment Year: (2012-13) (Hybrid Hearing) Nazar Impex Pvt.Ltd. Income Tax Officer बनाम/ 408, Saryu Diamond Complex, Ward-1(1)(3), Surat, Aaykar Vs. Jadda Khadi, Mahidharpura, Bhavan, Majura Gate, Opp. New Surat-395 003 Civil Hospital, Surat-395 001 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaccn3603R (अपीलाथ"/Appellant) (प्र"थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Himanshu Gandhi, Ca राज" की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 04/06/2025 उद्घोषणा की तारीख/Date Of Pronouncement 21/07/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’), Dated 26.09.2024 By The National Faceless Appeal Centre, Delhi /Commissioner Of Income-Tax (Appeals), [In Short ‘Nfac/Cit(A)’] For The Assessment Year (Ay) 2012-13, Which In Turn Assessment Order Passed By Assessing Officer (In Short, ‘Ao’) U/S 144 R.W.S. 147 Of The Act On 30.12.2019. 2. Grounds Of Appeal Raised By The Assessee For The Appeals Are As Under: “1. Ground 6. On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Erred In Confirming Rejection Of Books Of Account Under Section 145(3) Of Income Tax, Act 1961 Without Pointing Out Any Defect In Books Of Account & Even The Return Income On The Basis Of Books Of Account Were Also Not Disputed.

133A of the Act. It was revealed that assessee was indulged in issue of bogus bills in the form of accommodation entries. Accordingly, notice u/s 153C was issued and after providing opportunity of hearing to the assessee, assessment order u/s 144 r.w.s. 153C was passed on 29.01.2016 determining total commission at ITA No.1212/SRT/2024 A.Y 12-13 Nazar Impex