THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(2),, SURAT vs. THE THE SURAT PEOPLES CO-OPERATIVE BANK LTD,, SURAT

In the result, appeal of the Revenue is dismissed

Bench: Shri Amarjit Singh & Shri O.P.Meenaआ.अ.सं./I.T.A.No.2573/Ahd/2014 "नधा"रणवष"/Assessment Years: 2011-12 Assistant Vs The Surat Peoples Co-Operative Commissioner Of . Bank Ltd., Income Tax, Circle- Vashudhara Bhavan, Timaliyawad, 5, Surat. Nanpura, Surat – 395001. [Pan: Aaaat 2885 P] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T.A.No.1726/Ahd/2016 "नधा"रणवष"/Assessment Years: 2012-13 Deputy Vs The Surat Peoples Co-Operative . Commissioner Of Bank Ltd., Income Tax, Circle- Vashudhara Bhavan, Timaliyawad, 2(2), Surat. Nanpura, Surat – 395001. [Pan: Aaaat 2885 P] अपीलाथ" Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Kamlesh Bhatt – Ca राज"वक"ओरसे /Revenue By Shri Mayank Pandey – Sr.Dr सुनवाईकीतारीख/ Date Of Hearing: 01.10.2019 उ"घोषणाक"तार"ख/Pronouncement On: 03.10.2019

unexplained investment in Multi/National Stock exchange. 3. On the facts and in the circumstances of the case and in Law, the Ld.CIT(A) has wrongly applied the provisions of Sec.36(1)(vii) of the Act for granting relief for allowability of expenditure claimed on account of amortization. 4. On the facts and in the circumstances of the case

THE ACIT, CIRCLE-5,, SURAT vs. THE SURAT PEOPLES CO.OP.BANK LTD.,, SURAT

In the result, appeal of the Revenue is dismissed

Bench: Shri Amarjit Singh & Shri O.P.Meenaआ.अ.सं./I.T.A.No.2573/Ahd/2014 "नधा"रणवष"/Assessment Years: 2011-12 Assistant Vs The Surat Peoples Co-Operative Commissioner Of . Bank Ltd., Income Tax, Circle- Vashudhara Bhavan, Timaliyawad, 5, Surat. Nanpura, Surat – 395001. [Pan: Aaaat 2885 P] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T.A.No.1726/Ahd/2016 "नधा"रणवष"/Assessment Years: 2012-13 Deputy Vs The Surat Peoples Co-Operative . Commissioner Of Bank Ltd., Income Tax, Circle- Vashudhara Bhavan, Timaliyawad, 2(2), Surat. Nanpura, Surat – 395001. [Pan: Aaaat 2885 P] अपीलाथ" Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Kamlesh Bhatt – Ca राज"वक"ओरसे /Revenue By Shri Mayank Pandey – Sr.Dr सुनवाईकीतारीख/ Date Of Hearing: 01.10.2019 उ"घोषणाक"तार"ख/Pronouncement On: 03.10.2019

unexplained investment in Multi/National Stock exchange. 3. On the facts and in the circumstances of the case and in Law, the Ld.CIT(A) has wrongly applied the provisions of Sec.36(1)(vii) of the Act for granting relief for allowability of expenditure claimed on account of amortization. 4. On the facts and in the circumstances of the case

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)

depreciation loss is also allowable to be set-off against this head of income. Therefore, assessing officer issued show cause notice to explain the transaction. 6. In response to show cause notice the assessee submitted reply before the assessing officer. In respect of the income declared during the course of survey it was stated by the assessee that the receipts

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

unexplained sources which has been invested and added to the total income of the assessee for the year under consideration. Further the depreciation

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

unexplained sources which has been invested and added to the total income of the assessee for the year under consideration. Further the depreciation

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

unexplained sources which has been invested and added to the total income of the assessee for the year under consideration. Further the depreciation

THE ASSTT. COMMISSIONER OF INCOME TAX, NA vs. ARI CIRCLE,, NAVSARIVS.SHRI KHEMCHANDBHAI KUNGMAL THARWANI,, NAVSARI

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

unexplained investments made by the assessee. Then the assessing officer concludes that all this has led him to believe that income to the extent of Rs.2,54,03,150/- has escaped assessment within the meaning of section 147 of the Act. 9. The purpose to make, reference to the DVO, in fact, was for calculation and adoption of rates that

KHEMCHAND KANGUMAL THARWANI,,NA vs. ARIVS.THE ASSTT. COMMISSIONER OF INCOME TAX, NAVSARI CIRCLE,, NAVSARI

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

unexplained investments made by the assessee. Then the assessing officer concludes that all this has led him to believe that income to the extent of Rs.2,54,03,150/- has escaped assessment within the meaning of section 147 of the Act. 9. The purpose to make, reference to the DVO, in fact, was for calculation and adoption of rates that

THE ASSTT. COMMISSIONER OF INCOME TAX, NA vs. ARI CIRCLE,, NAVSARIVS.SHRI KHEMCHANDBHAI KUNGMAL THARWANI,, NAVSARI

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

unexplained investments made by the assessee. Then the assessing officer concludes that all this has led him to believe that income to the extent of Rs.2,54,03,150/- has escaped assessment within the meaning of section 147 of the Act. 9. The purpose to make, reference to the DVO, in fact, was for calculation and adoption of rates that

THE ASSTT. COMMISSIONER OF INCOME TAX, NA vs. ARI CIRCLE,, NAVSARIVS.SHRI KHEMCHANDBHAI KUNGMAL THARWANI,, NAVSARI

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.2867-2869/Ahd/2016 (िनधा"रणवष" / Assessment Years: (2008-09 To 2010-11) (Virtual Court Hearing) Assistant Commissioner Of Income Shri Rajesh Khemchand Tharwani, Tax, Navsari Circle, Room L/H Lt. Shri Khemchandbhai Vs. No./302, Aaykar Bhavan, Nr. Kungmal Tharwani, Prop. Of K.K. Biscuit Bakery, 154-155, Gidc, Charpool Police Chowki, Kabilpore, Navsari-396445 Lunsikui, Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent) आयकरअपीलसं./Ita Nos.3135/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) Shri Khemchand Kangumal Assistant Commissioner Of Income Tharwani, By L/R Rajesh Tax, Navsari Circle, Room No./302, Vs. Khemchand Tharwani, Prop. Of M/S Aaykar Bhavan, Nr. Charpool K.K. Biscuit Bakery, 154-155, Police Chowki, Lunsikui, Gidc, Kabilpore, Navsari-396445 Navsari-396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalpt 1806 G (Assessee ) (Respondent)

unexplained investments made by the assessee. Then the assessing officer concludes that all this has led him to believe that income to the extent of Rs.2,54,03,150/- has escaped assessment within the meaning of section 147 of the Act. 9. The purpose to make, reference to the DVO, in fact, was for calculation and adoption of rates that

SATHAIYA GANAPATHY,PUDUKOTTAI vs. ITO, WARD 1, BARDOLI

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.329 & 330/Srt/2025 Assessment Years: (2015-16) (Physical Hearing) Sathaiya Ganapathy, Vs. Ito, Ts No.4114, South 3 Rd Street, Ward – 1, Pukukottai, Tamil Nadu - 622001 Bardoli "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ahbpg2414Q (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mayank A. Ogriwala, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 26/11/2025

unexplained cash deposit u/s.69A of the Act, since assessee furnished a detailed cash withdrawal and deposit details along with documentary evidence in the form of bank statement which sufficiently explained the source of funds. However, the CIT(A) upheld the addition made by the AO solely on the basis of time gap between cash withdrawals and subsequent deposits

SATHAIYA GANAPATHY,PUDUKOTTAI vs. ITO, WARD 1 , BARDOLI

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.329 & 330/Srt/2025 Assessment Years: (2015-16) (Physical Hearing) Sathaiya Ganapathy, Vs. Ito, Ts No.4114, South 3 Rd Street, Ward – 1, Pukukottai, Tamil Nadu - 622001 Bardoli "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ahbpg2414Q (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mayank A. Ogriwala, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 26/11/2025

unexplained cash deposit u/s.69A of the Act, since assessee furnished a detailed cash withdrawal and deposit details along with documentary evidence in the form of bank statement which sufficiently explained the source of funds. However, the CIT(A) upheld the addition made by the AO solely on the basis of time gap between cash withdrawals and subsequent deposits

KIRTIPRADA FASHIONS PVT. LTD.,SURAT vs. ITO, WARD -1(1)(3), SURAT

In the result, appeal of the assessee is allowed

unexplained cash credit, hence she prayed the Bench that addition made by the assessing officer may be sustained. 7. We have heard both the parties and carefully gone through the submission put forth on behalf of the assessee along with the documents furnished and the case laws relied upon, and perused the fact of the case including the findings

DCIT, CIRCLE-1(1)(2), SURAT vs. J B SYNTEX PVT. LTD, SURAT

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.140/Srt/2020 Assessment Year: (2011-12) (Physical Hearing) The Dcit, Vs. J. B. Syntex Pvt. Ltd., Circle – 1(1)(2), B-25, Guj. Eco. Textile Park, Surat N. H. No.8, Palsana, Surat – 394315. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj9389D (Appellant) (Respondent) Shri Vinod Kumar, Sr. Dr Appellant By Shri Rasesh Shah, Ca Respondent By Date Of Hearing 17/08/2023 Date Of Pronouncement 18/10/2023

unexplained share capital/premium and added u/s 68 of the Act. 7. Aggrieved by the order of the Assessing Officer, the assessee carried the matter in appeal before the ld. CIT(A), who has deleted the addition made by the Assessing Officer in respect of share capital received from first three share applicants, holding that there were no difference

PRAGATI GLASS PVT. LTD.,,BHARUCH vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE, BHARUCH

In the result, appeal of the assessee is allowed to the extent indicated above

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.261/Srt/2018 (िनधा"रणवष" / Assessment Year: (2012-13) (Virtual Court Hearing) Pragati Glass Pvt. Ltd., Assistant Commissioner Of Income V Kharach, Kosamba (R.S), Tax, Circle-1, Vadadora. S. Dist. Bharuch-394120 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcp7377H (Assessee) (Respondent)

unexplained cash credit being the amount received from issuance of shares. The AO examined this issue at length and noticed that the assessee had shown investment in shares in the name of M/s. Nakshatra Electricals and Engineers Pvt. Ltd. at Rs.25 lakhs. On perusal of the return of income of M/s. Nakshatra Electricals and Engineers Pvt. Ltd., it was noticed

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LIMITED, SURAT

In the result, this appeal of the Revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) D.C.I.T. M/S J.K. Paper Ltd. Circle-1(1)(2), P.O. Central Pulp Mill, Vs. Surat. Fort Songadh, Surat. Pan : Aaact 6305 N Appellant Respondednt

investments ? 6. Whether on the facts and circumstances of the case and law, the Ld. CIT(A) was justified in deleting penalty imposed on addition of Rs. 12,00,000/- made by the AO on account of U/s 40a(ia) of the IT Act without appreciating the fact that the assessee has furnished inaccurate particular of income by not deducting

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

unexplained as per the provision of sec.68 of the I.T. Act. 160/SRT/2023/AY.2013-14 M/s Surat Life Care Pvt. Ltd. 2. In addition to ground No.1, on the facts and in the circumstances of the case and in law, the CIT(A) has erred in holding that Rs.1,95,00,000/- is a business income of the assessee as the said income

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LTD, SURAT

In the result, all these three appeals of the Revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

depreciation of Rs.4.32 lacs is concerned the same has been claimed on mist chambers other assets used in growing saplings through clonal routes which has been treated as non-agricultural operation in our discussion made in assessment year 2002-03 while disposing of similar ground. Thus, the disallowance is restricted to Rs. 9.43 lacs and accordingly assessee gets relief