SHRI NISHANT KANTILAL PATEL,BHARUCH vs. INCOME TAX OFFICER, WARD-2(2), BHARUCH

In the result, the appeals filed by the assessee (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

survey / search operations wherein it was established that in large number of penny stock companies share prices were artificially raised/manipulated on the Stock Exchanges in order to book bogus claims of Long Term Capital Gain / Loss. We note that on the basis of the information received from another agency, there cannot be any reassessment proceedings. However, after considering the information/material

SMT. MUKTABEN NISHANTBHAI PATEL,ANKLESHWAR vs. INCOME TAX OFFICER WARD -2(2), BHARUCH

In the result, the appeals filed by the assessee (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

survey / search operations wherein it was established that in large number of penny stock companies share prices were artificially raised/manipulated on the Stock Exchanges in order to book bogus claims of Long Term Capital Gain / Loss. We note that on the basis of the information received from another agency, there cannot be any reassessment proceedings. However, after considering the information/material

ASHOKBHAI NARSHIBHAI PATEL,SURAT vs. PCIT(CENTRAL), SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

ASHOKBHAI NARSHIBHAI PATEL,SURAT vs. PCIT(CENTRAL), SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

RAMESH KUMAR GORDHAN KATHIRIYA,SURAT vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

HILTON GROUP,SURAT vs. PCIT(CENTRAL), SURAT, SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

HILTON GROUP,SURAT vs. PCIT, (CENTRAL), SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

ASHOKBHAI NARSHIBHAI PATEL,SURAT vs. PCIT(CENTRAL), SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

RAMESH KUMAR GORDHAN KATHIRIYA,SURAT vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), SURAT

In the result, appeals filed by the assessees in ITA Nos

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.58 & 59/Srt/2021 (िनधा"रणवष" / Assessment Years: (2016-17& 2017-18) (Physical Court Hearing) Hilton Group, Vs. The Pcit (Central), Fp 56-57, Tp 37, Block No. Surat. 1168/B, Variyav Adajan, Surat- 394 530, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaifh9885N (Appellant) (Respondent)

133A of the Act, at the office premises of the entities and the construction projects carried on by them. In the said operation, a search and seizure action under section 132 of the Act, was ITA.58 & 59/SRT/2021, 60 to 62/SRT/2021 & 191 & 192/SRT/2021 A.Ys. 2015-16 to 2017-18 carried out in the case of the assessee, at his residential premises

SHIVAM DEVELOPERS,GODADRA vs. ITO, SURAT, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.76/Srt/2020 ("नधा"रणवष" / Assessment Year: (2015-16) (Physical Court Hearing) Shivam Developers, Vs. The Pr. Cit-2, 141, Khodiyar Residency, Surat. Godadra, Surat-395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acffs4002D (Appellant) (Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 06/10/2022 Date Of Pronouncement 11/11/2022

133A of the Act, which is reproduced below: “Que. 20 Today in the course of survey proceedings, some papers/ books were found which were inventorised as per Annexure BF-1. Kindly provide us the explanation of the above papers/books after inspecting the same. Ans. 20 …….. PAGE NO. 75 - This page was found during the course of survey proceedings from

M/S. PATEL AMBALAL HARGOVANDAS & CO.,,SURAT vs. THE DCIT, CENTRAL CIRCLE-2,, SURAT

In the results, appeal filed by Revenue (in IT(SS)A Nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं/.It(Ss)A No.49/Srt/2022 Assessment Year: (2019-20) (Physical Hearing) The Acit, Central Circle-2, Vs. Rasikbhai Narottamdas Patel, Surat. Flat No.9-10, Mahavir Nagar Co.Op H.S. Ltd., Bldg-12, Nr. Gayatri Mandir, Udhna Magdalla Road, Surat – 395007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Adgpp4550M (Appellant) (Respondent) आयकर अपील सं/.It(Ss)A No.86/Srt/2022 Assessment Year: (2015-16) The Dcit, Central Circle-2, Vs. Ashish Karamshibhai Koshiya, Surat. 40, Jivandeep Soceity, Singanpor Road, Katargam, Surat, Gujarat – 395004. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aojpk1118G (Appellant) (Respondent) आयकर अपील सं/.Ita No.185/Srt/2022 Assessment Year: (2020-21) M/S. Patel Ambalal Hargovandas Vs. The Dcit, Central Circle-2 & Co., Surat. 5/725, Haripura, Bhavaniwad, Opp. Dhobi Sheri, Surat – 395003. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aadfp2517N (Appellant) (Respondent) Appellant By Shri Ashok B. Koli, Cit(Dr) Shri Vartik Choksi, Shri Biren Shah & Shri Respondent By Nitin Gheewala, Ar Date Of Hearing 26/04/2023 Date Of Pronouncement 26/05/2023 आदेश /O R D E R Per Bench:

capital gain. Therefore, there can be no protective assessment. Thirdly, there has been a demand (without any limitation that it should not have been recovered) raised pursuant to the above assessment which also shows that the said assessment is not a protective assessment.” 14. In the present case, from the reasons recorded by the AO as reproduced hereinabove, we observe

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT vs. M/S SURAT LIFE CARE PVT. LTD., SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.160/Srt/2023 Assessment Year: (2013-14) (Physical Hearing) The Acit, Vs. M/S. Surat Life Care Pvt. Ltd., Central Circle – 3, Unique Hospital, Opp. Kiran Motor, Surat Nr. Sosyo Circle Lane, Surat - 395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aarcs8396M (Appellant) (Respondent) Appellant By Shri Vinod Kumar, Sr. Dr Shri P. M. Jagasheth, Ca Respondent By 14/12/2023 Date Of Hearing Date Of Pronouncement 21/12/2023

133A of the Act on 04.03.2014 of Rs.1,95,00,000/- and should be taxed u/s 160/SRT/2023/AY.2013-14 M/s Surat Life Care Pvt. Ltd. 115BBE of the Act. It was also reminded to the assessee that the benefit of section 139(5) of the Act cannot be claimed by a person who has filed fraudulent returns. The Revision is allowed only

M/S. VRAJ DEVELOPERS,,SURAT vs. INCOME TAX OFFICER, WARD-5(2),, SURAT

In the result, both the appeals of the Assessees are dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Meena

133A at the business premises of appellant 8 ITA.Nos.2619 & 2620/Ahd/2014 M/s. Vraj Corporation, Amd M/s. Vraj Developers, Surat. firms and detected the undisclosed income, the appellants would not have disclosed these booking receipts to the department. Now the appellant has included these undisclosed booking receipts in its total turnover and consequently to" its net profit and claimed deduction u/s

M/S. VRAJ CORPORATION,,SURAT vs. INCOME TAX OFFICER , WARD-5(2),, SURAT

In the result, both the appeals of the Assessees are dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Meena

133A at the business premises of appellant 8 ITA.Nos.2619 & 2620/Ahd/2014 M/s. Vraj Corporation, Amd M/s. Vraj Developers, Surat. firms and detected the undisclosed income, the appellants would not have disclosed these booking receipts to the department. Now the appellant has included these undisclosed booking receipts in its total turnover and consequently to" its net profit and claimed deduction u/s

ASSISTANT COMMISSIONER OF INCOME TAX, VALSAD CIRCLE, VALSAD vs. M/S. MANGALDEEP, VALSAD

In the result, appeals in ITA No

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.699/Srt/2018 ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) The Acit, Valsad Circle, Vs. M/S. Mangaldeep, 1St Floor, Shankeshwar Complex, Valsad. Dhobiwad, Valsad, Valsad-396001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfm7130L (Appellant) (Respondent) Cross Objection No.11/Srt/2021 [Arising In Ita No.699/Srt/2018] ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) M/S. Mangaldeep, Vs. The Acit, Valsad Circle, 1St Floor, Shankeshwar Complex, Valsad. Dhobiwad, Valsad, Valsad-396001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfm7130L (Applicant-Co-Objector) (Respondent)

gains of business or profession. The assessee`s case was selected for scrutiny and notice u/s 143(2) of the Act was issued on 16/08/2016.In assessee`s case a survey u/s 133A of the Act was conducted on 15.10.2014. During the course of survey proceedings, certain incriminating material was found and discrepancies were noticed. To seek clarification/explanation on these incriminating

ITO WARD-1(3) (6),, SURAT vs. DEVSHIBHAI JETHABHAI SHETA(HUF),, SURAT,

In the result the appeal of the revenue is dismissed and the Cross Objections of the assessee is dismissed as infractious

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./I.T.A No.1678/Ahd/2017, िनधा"रणवष"/Assessment Year: 2008-09 (Hearing In Virtual Court) Ito Ward -1(3)(6), Vs Devshibhai Jethabhai Sheta Room No.303, (Huf), Anavil Bussiness Centre , D-702, Mahadev Residency, Near Adajan Brts, Anand Mahal Road, Adajan, Surat -395009 Surat [Pan: Aaehd 3710 J] अपीलाथ" / Appellant ""थ"/Respondent Co. No.01/Srt/2021 In Ita No.1678/Ahd/2017 (Ay 2008-09) Devshibhai Jethabhai Sheta Vs Ito Ward -1(3)(6), (Huf), Room No.303, D-702, Mahadev Residency, Anavil Bussiness Centre , Anand Mahal Road, Adajan, Near Adajan Brts, Surat Surat -395009 [Pan: Aaehd 3710 J] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रती की ओर से /Assessee By Shritinish Mody Ca राज" की ओर से /Revenue By Smt. Usha Shorte Sr-Dr सुनवाई की तारीख/ Date Of Hearing: 15.04.2021 उद्घोषणा की तारीख/Pronouncement On: 19.04.2021 आदेश /O R D E R Per Pawan Singh, Judical Memebr: 1. This Appeal By Revenue & Cross Objection Therein By Assessee Are Directed Against The Order Of Commissioner Of Income-Tax (Appeals)-2, Hereinafter Referred As “Ld. Commissioner (Appeals), Surat, Dated 06.04.2017 For Assessment Year (Ay) 2008-09. The Revenue Has Raised Ground Following Grounds Of Appeal;

u/s 50C amounting to Rs. 1,61,30,431/- without appreciating the facts that during that period there was only one purchase and one sale of land and the AO has rightly treated the land transaction liable for capital gain. (2) O n the facts and circumstances of the case and in law, learned CIT(A) ought to have upheld

SHILPRAJ DEVELOPERS PVT.LTD.,,SURAT vs. A.C.I.T, , CIRCLE-4,, SURAT

In the result, the appeal filed by the assessee is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No. 2608/Ahd/2014 ("नधा"रणवष" / Assessment Years: (2008-09) (Virtual Court Hearing) Shilpraj Developers Pvt. Ltd., The Acit, Circle- 4, Vs. 12, Suryakiran Apartment, Ghod-Dod Surat. Road, Surat-395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcs3045H (Assessee) (Respondent)

u/s 133A was conducted in the business premises of the assessee wherein assessee has declared a sum of Rs.1,10,00,000/- on account of 'On-money' (Rs.1,08,00,000/-) and other irregularities. (Rs.2,00,000/-). This disclosure was based on a diary (Anupam Dhanlaxmi Red diary) found in the premises of the assessee. Assessment Years.2008-09 Shilpraj Developers

THE DCIT, CIRCLE-3,, SURAT vs. M/S. SHYAM CORPORATION, SURAT

In the result, revenue’s appeal is dismissed

Bench: Shri Amarjit Singh & Ms. Madhumita Roydcit, Vs. M/S. Shyam Corporation, Circle - 3, “Silver Crest”, F.P. No.67 & Surat 70, T.P.S. No.14(Pal), Pal, Surat -395 005. [Pan No. Abefs 9360 G] (Appellant) .. (Respondent)

133A of the Act on 13.03.2008 where the partner of the firm namely Shri Kamleshbhai A. Panchani disclosed Rs.1 crore in the hands of the assessee, statement whereof was recorded u/s 131 of the Act on 25.03.2008. Such disclosure was shown as “unaccounted booking receipts” under “current liabilities and provision”. It was the case of the assessee that the firm