SHRI PRAKASHBHAI PRAHLADBHAI GAMI,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(3),, SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.3129/Ahd/2016 "नधा"रण वष"/Assessment Year: 2013-14 Prakashbhai Prahladbhai Gami, The Income Tax Officer, Gangakrupa Building, Ward-2(3)(3), Surat. B/H. Ramdev Complex, Pune Vs Village, Dist. Surat. [Pan: Adspp 6520 F] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओर से /Assessee By Shri Manish J Shah – Ar राज"वक"ओर से /Revenue By Smt. Anupama Singla – Sr.Dr सुनवाई की तारीख/ Date Of Hearing: 26.04.2021 उ"घोषणा क" तार"ख/Pronouncement On: 04.06.2021 आदेश /O R D E R Per Pawan Singh, Judicial Memeber: 1. This Appeal By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Surat Hereinafter Referred As “Ld.Cit(A)” Dated 07.09.2016 For A.Y. 2013-14. The Assessee Has Raised Following Grounds Of Appeal: “1. The C.I.T.(Appeals) Erred In Law & On Facts In Confirming The Action Of Assessing Of Addition Of Rs.4,20,000/- To The Returned Income Of The Appellant Under The Head ‘Income From House Property’ By Estimating Notional Rent Of Rs.6,00,000/- In Respect Of Property Situated At Mumbai Without Appreciating The Facts Of The Properly. 2. The C.I.T(Appeals) Erred In Law & On Facts In Sustaining Adhoc Disallowance Of Cash Expenditure To The Extent Of 10% I.E. Rs.5,07,680/- Out Of Total Expenditure Of Rs.50,76,800/- Without Appreciating The Fact That Net Profit Ratio Of The Appellant Is Improved In The Year Under Consideration. 3. The C.I.T(Appeals) Erred In Law & On Facts In Confirming The Disallowance Of Rs.86,318/- Being Depreciation On Two Motor Cars Held By The Appellant On The Allegation Of Personal Use.”

house property’, ad-hock disallowance of cash expenditure of Rs.20,30,720/-, being 20% of total cash expenditure and further disallowance of Rs.86,318/- on account of depreciation