INCOME TAX OFFICER, SURAT vs. SAFFRON GREEN INTERNATIONAL PRIVATE LIMITED, SURAT

In the result, appeal of revenue is partly allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Prusethआयकर अपील सं./Ita No.958/Srt/2024 Assessment Year: 2018-19 (Hybrid Hearing) Income Tax Officer, Ward- Saffron Green International Pvt. बनाम/ 2(1)(3), Surat, Room No.221, Ltd. Shop No.3008, Shree Mahavir Vs. 2Nd Floor, Aaykar Bhavan, Textiles Puna Kumbhariya Road, Majura Gate, Surat-395 001 Surat-395 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aawcs 3137 M (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Deven K. Kapadia, Ca राज" की ओर से /Respondent By Shri Aashish Pophare, Cit-Dr सुनवाई की तारीख/Date Of Hearing 10/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 26/09/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Revenue Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, 'The Act’) Dated 16.07.2024 By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short, ‘The Cit(A)’] For The Assessment Year (Ay) 2018-19, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer (In Short, ‘Ao’) U/S. 147 R.W.S 144 R.W.S 144B Of The Act On 21.03.2023. 2. Grounds Of Appeal Raised By The Revenue Are As Under: “I. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Restricting The Addition Made By The Assessing Officer Of Rs.5,70,70,621/- On Account Of 100% Bogus Purchase To 0.25% Of The Bogus Purchases & Allowing The Appeal Of The Assessee Ignoring The Facts That These Purchases Are Sham Transactions Fabricated Through Bogus Paper Concerns Of M/S. Savitri Trading Company & Mohammed Javed Mohammed Jabir Momin Which Were Engaged In Providing Accommodation Entries.

bogus expenditure in the books of the assessee in the previous year and there was no explanation by the assessee. Therefore, Rs.5,70,70,621/- [Rs.3,58,51,194/- + Rs.2,12,19,427/-] was added to the total income of the assessee as unexplained expenditure u/s.69C r.w.s. 115BBE of the Act. The assessment was finalized u/s.147 r.w.s.144 r.w.s 144B

BSAS INFOTECH LIMITED,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), SURAT, SURAT

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

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

unexplained expenses on bogus unsecured loans. 4. It is therefore prayed that the above addition may please be deleted as learned members of the tribunal may deem it proper. ITA Nos.224to226/Srt/2024 BSAS Infotech Ltd. vs. DCIT Asst. Years –2011-12, 2015-16 & 2016-17 - 3– 5. Appellant craves leave to add, alter or delete any ground(s) either before

BSAS INFORTECH LIMITED, SURAT,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1(1)(1), SURAT, SURAT

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

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

unexplained expenses on bogus unsecured loans. 4. It is therefore prayed that the above addition may please be deleted as learned members of the tribunal may deem it proper. ITA Nos.224to226/Srt/2024 BSAS Infotech Ltd. vs. DCIT Asst. Years –2011-12, 2015-16 & 2016-17 - 3– 5. Appellant craves leave to add, alter or delete any ground(s) either before

BSAS INFOTECH LIMITED,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE -1(1)(1), SURAT

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

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

unexplained expenses on bogus unsecured loans. 4. It is therefore prayed that the above addition may please be deleted as learned members of the tribunal may deem it proper. ITA Nos.224to226/Srt/2024 BSAS Infotech Ltd. vs. DCIT Asst. Years –2011-12, 2015-16 & 2016-17 - 3– 5. Appellant craves leave to add, alter or delete any ground(s) either before

ACIT, CIRCLE-3(2), SURAT vs. M/S. RAJLAXMI INFRA, SURAT

In the result, this ground of appeal is dismissed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.163/Srt/2020 (Ay 2013-14) (Hearing In Physical Court) Assistant Commissioner Of M/S Rajlaxmi Infra Income-Tax, Circle-3(2), Room 64, Rajlaxmi Height, Vs No.410, Aayakar Bhawan, Singanpore Cosway Road, Majura Gate, Opp. Shradhhadeep Soc, Surat-395001 Surat-395004 Pan No. Aaofr 1095 C ""थ" /Respondent अपीलाथ"/Appellant

bogus purchase. On such observation, Ld. CIT(A) also deleted the addition of Rs.58,00,745/-. Aggrieved by the order of Ld. CIT(A) the Revenue has filed present appeal before Tribunal. 9. We have heard the submission of Ld. Senior-Departmental Representative (Sr-DR) for the Revenue and Ld. Authorized Representative (Ld.AR) for the assessee. Ground No.1 relates

UMESHKUMAR P BANSAL,SURAT vs. ITO, WARD-2(2)(4), SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

unexplained cash credit u/s 68, which is not correct as per law. I have considered the arguments & I find merit in same. The outstanding trade creditors balances are the result of purchase transactions made by assessee. The assessee has not received any money from these creditors, the credit represents amount due to them, for purchases made which are debited

ITO, WARD-2(2)(4), SURAT vs. SHRI UMESH P BANSAL, SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

unexplained cash credit u/s 68, which is not correct as per law. I have considered the arguments & I find merit in same. The outstanding trade creditors balances are the result of purchase transactions made by assessee. The assessee has not received any money from these creditors, the credit represents amount due to them, for purchases made which are debited

ITO, WARD-2(2)(4), SURAT vs. SHRI UMESH P BANSAL, SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

unexplained cash credit u/s 68, which is not correct as per law. I have considered the arguments & I find merit in same. The outstanding trade creditors balances are the result of purchase transactions made by assessee. The assessee has not received any money from these creditors, the credit represents amount due to them, for purchases made which are debited

UMESHKUMAR P BANSAL,SURAT vs. ITO, WARD-2(2)(4), SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

unexplained cash credit u/s 68, which is not correct as per law. I have considered the arguments & I find merit in same. The outstanding trade creditors balances are the result of purchase transactions made by assessee. The assessee has not received any money from these creditors, the credit represents amount due to them, for purchases made which are debited

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 purchase of the goods. The purchases and sales both are required to be omitted in such case and as assessee has shown the profit on this transaction, there cannot be any addition. The CIT(A) deleted this addition on the ground that he already confirmed the addition of Rs.4 crores relating to the sales shown to M/s. Nirav

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 purchase of the goods. The purchases and sales both are required to be omitted in such case and as assessee has shown the profit on this transaction, there cannot be any addition. The CIT(A) deleted this addition on the ground that he already confirmed the addition of Rs.4 crores relating to the sales shown to M/s. Nirav

DIVYABEN PRAFULCHANDRA PARMAR,SURAT vs. INCOME TAX OFFICER, WARD 1(3)(1), SURAT

In the result, appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.73/Srt/2023 (Assessment Year: 2014-15) (Physical Hearing) Divyaben Prafulchand Parmar, Vs. The Ito, Ward-1(3)(1), 1-2, Harikrishna Niwas, B/H Braham Surat. Kumari Ashram, Bhatar Road, Surat – 395017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acbpp9559Q (Appellant) (Respondent)

purchase of the shares in question. Further, the authorities below have not pointed out any evidence on record to hold that the assessee has obtained bogus entries in connivance with entry operators and brokers etc., in order to claim bogus LTCG. As pointed out by the Ld. counsel, the assessee was not given an opportunity to cross examine the witnesses

MEDINNOVA SYSTEMS PRIVATE LIMITED,SURAT vs. DCIT CIRCLE 2(1)(2), SURAT

In the result, appeal of the assessee is dismissed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1241/Srt/2024 Assessment Year: (2012-13) (Physical Court Hearing) Medinnova Systems Pvt. Ltd. Deputy Commissioner Of बनाम/ (Previously Known Soma Tech. Income-Tax, Circle-2(1)(2), Surat, Vs. Pvt. Ltd.) 301, Soham House, Current Jurisdiction Ward- Opp. St Xaviers School, Ghod 2(1)(1), Vadodara, Aaykar Dod Road, Surat-395 007 Bhavan, Race Course, Circle, Vadodara-390 007 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aakcs 5265 N (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Hiren R. Vepari, Ca राज" की ओर से /Respondent By Shri Ravi Kant Gupta, Cit-Dr सुनवाई की तारीख/Date Of Hearing 15/01/2025 उद्घोषणा की तारीख/Date Of Pronouncement 24/03/2025

bogus purchases by treating as unexplained cash credit u/s 68 of the Act. (3) The learned CIT(A) was not justified in summarily disregarding all the evidence tendered by the appellant while relying on the information that remains under the wraps. (4) All the above grounds are without prejudice to each other. (5) The appellant craves leave to add, alter

DEPUTY COMMISSIONER OF INCOME-TAX,CENTRAL CIRCLE-1, SURAT, AAYAKAR BHAWAN, MAJURA GATE, SURAT vs. ROYAL DEVELOPERS, NR. IP MISSION SCHOOL, MUGLISA

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

money received from customers. The appellant also furnished copy of notarized possession letters for both the subject lands executed on 20.03.2013 and 20.07.2013 respectively. The appellant also highlighted the fact that a Survey action in the case of appellant was conducted by the DDIT(Inv.), Surat on 30.07.2016, wherein books of accounts were verified and further the appellant filed declaration

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

In the result, assessee's appeal is dismissed

money was in fact paid to Shri Nitinkumar C. Patel. In support of this\ncontention, he relied on the decision of Hon'ble jurisdictional High Court in the\ncase of Chintan Jadavbhai Patel vs. ITO, [2017] 79 taxmann.com 302 and CIT vs.\nDhirajlal Dularbhai Patel (HUF), Tax appeal No. 579 of 2009. He also pointed\nout that the said land

ACIT, CIRCLE-3(3), SURAT vs. SHRI JETHABHAI DANABHAI VADHER, SURAT

In the result, appeal of the Revenue is dismissed whereas assessee’s

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

bogus unsecured loan from Shri Ahmed Bobat, by accepting submission of the assessee that Shri Ahmed Bobat had confirmed that he had given money to the assessee for purchase of plot, without appreciating the fact that the assessee could not establish that the amount of Rs.50,00,000/- claimed to have been received from Shri Ahmed Bobat

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, WARD 5, , VAPI

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.193 To 195/Srt/2022 Assessment Years: (2015-16 To 2017-18) (Physical Hearing) Ravi Mahexa, Vs. Income Tax Officer, Ward-5, 7Th 14/55, Dilipnagar Near Dilip Nagar Vapi, Fortune Square, Floor, 8Th Floor & 9Th Floor, Ii, Ground, Daman, Daman – 396210, Daman & Diu (Ut) Chala Road, Vapi-396191 Ravi Mahexa Income Tax Officer, Daman 14/55, Dilipnagar Near Dilip Nagar Ward, Daman Jevanji Ground, Daman, Daman & Diu (Ut) - Apartment, Kavi Khabardar 396210 Road, Daman-396210 Vapi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apkpm1888H (Assessee) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Minal Kamble, Sr. Dr Date Of Hearing 19/07/2023 Date Of Pronouncement 31/07/2023

bogus purchases. (Similar disallowance in ITA No.193/SRT/2022 at Rs.1,62,163/-) (v) Ground No.1 raised by the assessee, in ITA No. 193/SRT/2022, is as follows: “On the facts on the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals) has erred in confirming the addition of Rs.49

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.193 To 195/Srt/2022 Assessment Years: (2015-16 To 2017-18) (Physical Hearing) Ravi Mahexa, Vs. Income Tax Officer, Ward-5, 7Th 14/55, Dilipnagar Near Dilip Nagar Vapi, Fortune Square, Floor, 8Th Floor & 9Th Floor, Ii, Ground, Daman, Daman – 396210, Daman & Diu (Ut) Chala Road, Vapi-396191 Ravi Mahexa Income Tax Officer, Daman 14/55, Dilipnagar Near Dilip Nagar Ward, Daman Jevanji Ground, Daman, Daman & Diu (Ut) - Apartment, Kavi Khabardar 396210 Road, Daman-396210 Vapi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apkpm1888H (Assessee) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Minal Kamble, Sr. Dr Date Of Hearing 19/07/2023 Date Of Pronouncement 31/07/2023

bogus purchases. (Similar disallowance in ITA No.193/SRT/2022 at Rs.1,62,163/-) (v) Ground No.1 raised by the assessee, in ITA No. 193/SRT/2022, is as follows: “On the facts on the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals) has erred in confirming the addition of Rs.49