SHRI PRAKASHBHAI PRAHLADBHAI GAMI,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(3),, SURAT
In the result, appeal of the assessee is partly allowed
ITA 3129/AHD/2016[2013-14]Status: DisposedITAT Surat04 Jun 2021AY 2013-14
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.”
Section 143(3)Section 23
2. Brief facts of the case are that assessee is allegedly engaged in the business of cutting and polishing of diamond on job work basis. The assessee filed his return of income on 27.09.2013 for assessment year (AY) under consideration declaring income of Rs.14,39,800/-. The case was selected for scrutiny. The assessment was finalized on 08.03.2016
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