SATYAM TEXTILE PARK,SURAT vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), SURAT

In the result the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

138 and section 189 of the Income Tax Act. On the basis of the above submissions the ld AR for the assessee submits that the assessment order for both the years cannot be branded as erroneous, thus, cannot be subject to revision under section 263. for A.Y. 2016-17 & 2017-18 Satyam Textile Park 7. On the second issue identified

SATYAM TEXTILE PARK,SURAT vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), SURAT

In the result the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

138 and section 189 of the Income Tax Act. On the basis of the above submissions the ld AR for the assessee submits that the assessment order for both the years cannot be branded as erroneous, thus, cannot be subject to revision under section 263. for A.Y. 2016-17 & 2017-18 Satyam Textile Park 7. On the second issue identified

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowances / additions under section 37,40A(3), 40(a)(ia) 68 and other provisions of the Act. The AO has not examined the payment of interest in cash and sources of cash payment made for purchase of land in village Kathore is also not examined either in the hand of firm or partners. Further arrangement regarding use of partners land

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowances / additions under section 37,40A(3), 40(a)(ia) 68 and other provisions of the Act. The AO has not examined the payment of interest in cash and sources of cash payment made for purchase of land in village Kathore is also not examined either in the hand of firm or partners. Further arrangement regarding use of partners land

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowances / additions under section 37,40A(3), 40(a)(ia) 68 and other provisions of the Act. The AO has not examined the payment of interest in cash and sources of cash payment made for purchase of land in village Kathore is also not examined either in the hand of firm or partners. Further arrangement regarding use of partners land

THE ACIT, VALSAD CIRCLE,, VALSAD vs. M/S. SAVITA CONSTRUCTION PVT. LTD.,, VALSAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Asstt. Commissioner Of M/S Savita Construction Income Tax, Valsad Circle Pvt. Ltd., Vs Room No.208, 2Nd Floor, New Gidc, Income Tax Office, “Palak Gundiav, Valsad Arcade” Shnatinagar, Pan : Aafcs 3408 Q Tithal Road, Valsad-396001 Revenue / Appellant Assessee /Respondent

disallowed u/s 43B of the Act. The assessee further explained that sec. 43B states that certain payment should be allowed 4 M/s Savita Construction Pvt. Ltd. to be claimed an expense only in the year in which they have been paid and not in the year in which the liability to such sum was incurred. The provision

M/S. MITSU PRIVATE LIMITED,,VAPI vs. THE ACIT, VAPI CIRCLE,, VAPI

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandip Gosain & Shri O. P. Meenav. ""यथ"/Respondent आ.अ.सं././././I "नधा"र अपीलाथ" Appellant S .T.A No. ण N वष"/A Y: 1 1671/Ah 2002- M/S. Mitsu Limited, V. Assistant D/2006 03 304/2, Iind Phase, Commissioner Of Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 2 1371/Ah 2002- Assistant V. M/S. Mitsu Limited, D/2006 03 Commissioner Of 304/2, Iind Phase, Income Tax-Vapi Gidc, Vapi 396195 Circle, Vapi Pan: Aaccm 2764 Q Co.No.1 2002- M/S. Mitsu Limited, V. Assistant 3 84/Ahd/ 03 304/2, Iind Phase, Commissioner Of 2006 Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 4 1672/Ah 2003- M/S. Mitsu Limited, V. Assistant D/2006 04 304/2, Iind Phase, Commissioner Of Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 5 1764/Ah 2003- Assistant V. M/S. Mitsu Limited, D/2006 04 Commissioner Of 304/2, Iind Phase, Income Tax-Vapi Gidc, Vapi 396195 Circle, Vapi Pan: Aaccm 2764 Q 6 1000/Ah 2002- M/S. Mitsu Limited, V. Assistant D/2016 03 304/2, Iind Phase, Commissioner Of Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 7 3510/Ah 2000- Assistant V. M/S. Mitsu Limited, D/2016 01 Commissioner Of Page 2 Of 83 Mitsu Ltd. V. Acit- Vapi/I.T.A. No.1671-1371,Co-184,1672-1764,1614 &1000/Ahd/2006/A.Y.02-03,03-04,06-07.02-03 Income Tax-Vapi 304/2, Iind Phase, Circle, Vapi Gidc, Vapi 396195 Pan: Aaccm 2764 Q

disallowed. 113. In appeal, CIT (A) observed that expenditure has been incurred for new product registration without which the assessee cannot sell its product in market. The benefit of this registration would be available to the assessee at least three years for which the AO has accepted the alternate plea. Hence, this ground was dismissed. Page 52 of 83 Mitsu

THE ASSTT. COMMISSIONER OF INCOME TAX, VAPI CIRCLE,, VAPI vs. M/S. MITSU LIMITED,, DAMAN

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandip Gosain & Shri O. P. Meenav. ""यथ"/Respondent आ.अ.सं././././I "नधा"र अपीलाथ" Appellant S .T.A No. ण N वष"/A Y: 1 1671/Ah 2002- M/S. Mitsu Limited, V. Assistant D/2006 03 304/2, Iind Phase, Commissioner Of Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 2 1371/Ah 2002- Assistant V. M/S. Mitsu Limited, D/2006 03 Commissioner Of 304/2, Iind Phase, Income Tax-Vapi Gidc, Vapi 396195 Circle, Vapi Pan: Aaccm 2764 Q Co.No.1 2002- M/S. Mitsu Limited, V. Assistant 3 84/Ahd/ 03 304/2, Iind Phase, Commissioner Of 2006 Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 4 1672/Ah 2003- M/S. Mitsu Limited, V. Assistant D/2006 04 304/2, Iind Phase, Commissioner Of Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 5 1764/Ah 2003- Assistant V. M/S. Mitsu Limited, D/2006 04 Commissioner Of 304/2, Iind Phase, Income Tax-Vapi Gidc, Vapi 396195 Circle, Vapi Pan: Aaccm 2764 Q 6 1000/Ah 2002- M/S. Mitsu Limited, V. Assistant D/2016 03 304/2, Iind Phase, Commissioner Of Gidc, Vapi 396195 Income Tax-Vapi Pan: Aaccm 2764 Q Circle, Vapi 7 3510/Ah 2000- Assistant V. M/S. Mitsu Limited, D/2016 01 Commissioner Of Page 2 Of 83 Mitsu Ltd. V. Acit- Vapi/I.T.A. No.1671-1371,Co-184,1672-1764,1614 &1000/Ahd/2006/A.Y.02-03,03-04,06-07.02-03 Income Tax-Vapi 304/2, Iind Phase, Circle, Vapi Gidc, Vapi 396195 Pan: Aaccm 2764 Q

disallowed. 113. In appeal, CIT (A) observed that expenditure has been incurred for new product registration without which the assessee cannot sell its product in market. The benefit of this registration would be available to the assessee at least three years for which the AO has accepted the alternate plea. Hence, this ground was dismissed. Page 52 of 83 Mitsu

BHARUCH DISTRICT CO OP MILK PRODUCERS UNION LIMITED,BHARUCH vs. CIT(A), NFAC, DELHI

In the result, the grounds of appeals raised by the assessee is allowed

Bench: Shri Pawan Singh(Virtual Hearing) The Bharuch District Co Op Milk A.C.I.T. Producers Union Limited, Circle-1, Vs. Old N.H. 8, Bholav, Bharuch. Bharuch-392001. Pan No. Aaaat 1470 A Appellant/ Assessee Respondent/ Revenue

138/- was made on account of depreciation on subsidy and addition of Rs. 14,65,972/- on account of delay in deposit of employees’ contribution of PF and ESI and initiated penalty for furnishing inaccurate particulars. 3. On appeal before the ld. CIT(A), all the additions in quantum assessment was upheld and no further appeal was filed by assessee

D V PROPERTIES PVT. LTD,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CC-1(1)(1), SURAT, SURAT

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.519/Srt/2023 (Ay 2015-16) (Hearing In Physical Court) D.V. Properties Pvt, Ltd. Deputy Commissioner Of 748-749 Golden Plaza Market, Income Tax, Circle-1(1)(1) Vs Ring Road, Surat-395002 Surat, Aaykar Bhavan, Nr. Pan No. Aaacd 8392 B Majura Gate, Opp. New Civil Hospital, Surat-395001 अपीलाथ"/Appellant ""थ" /Respondent

138 (SC); CIT Vs. Ayachi Chandrashekhar Narsangji (2014) 42 taxmann.com 251 (Guj). For proposed interest disallowance, the assessee submitted that loan is genuine, therefore interest expenses incurred by it also genuine. On proposed addition of commission @ 2% of loan amount, the assessee stated that there is no evidence that assessee has given any commission for obtaining such unsecured loan

SANTOSH SINGH HUKAM SINGH KARNAWAT,SURAT vs. ITO, WARD 2(3)(8), SURAT

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

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

disallowances before we decide the issue before us. 9. Their Lordships of Punjab & Haryana High Court in Hari Gopal Vs. CIT [258 ITR 85 (P&H) held as under : "In order to attract clause (c) of section 271(1)(c) of the Income-tax Act, 1961, it is necessary that there must be concealment by the assessee of the particulars

RADHESHYAM UPADHYAY,SURAT vs. ITO WARD, 1 (2) (6), SURAT

In the result, all the grounds appeal raised by the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This group of four (4) appeals by the assessee(s) are directed against the separate orders of learned Commissioner of Income Tax (Appeals)-Surat/ National Faceless Appeal Centre (NFAC) dated 27/07/2021 and 03/08/2021 for the Assessment years (AY) 2018-19 and 2019-20 respectively

RADHESHYAM UPADHYAY,SURAT vs. ITO WARD, 1 (2) (6), SURAT

In the result, all the grounds appeal raised by the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This group of four (4) appeals by the assessee(s) are directed against the separate orders of learned Commissioner of Income Tax (Appeals)-Surat/ National Faceless Appeal Centre (NFAC) dated 27/07/2021 and 03/08/2021 for the Assessment years (AY) 2018-19 and 2019-20 respectively

BHUVANESHSINGH L. DALAWAT,SURAT vs. INCOME TAX OFFICER, WD. 1(2)(1), SURAT

In the result, all the grounds appeal raised by the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This group of four (4) appeals by the assessee(s) are directed against the separate orders of learned Commissioner of Income Tax (Appeals)-Surat/ National Faceless Appeal Centre (NFAC) dated 27/07/2021 and 03/08/2021 for the Assessment years (AY) 2018-19 and 2019-20 respectively

BHUVANESHSING L. DALAWAT,SURAT vs. ITO WARD.1(2) (1) , SURAT

In the result, all the grounds appeal raised by the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 254(1) of Income Tax Act PER: PAWAN SINGH, JUDICIAL MEMBER: 1. This group of four (4) appeals by the assessee(s) are directed against the separate orders of learned Commissioner of Income Tax (Appeals)-Surat/ National Faceless Appeal Centre (NFAC) dated 27/07/2021 and 03/08/2021 for the Assessment years (AY) 2018-19 and 2019-20 respectively

M/S. SAMRIDDHI CORPORATION,,SURAT vs. THE DY.CIT., CIRCLE-1(2),, SURAT

In the result, cross appeals of Revenue as well as Assessee are dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Meenaassessment Year: 2009-10 Samruddhi Corporation, Vs. The Deputy Commissioner Of Megh Dhwani Complex, Income Tax, Circle-1(2), City Light Road, Surat – 395007. Surat. [Pan: Aaofm 5334 M] (Appellant) (Respondent) Assessment Year: 2009-10 The Deputy Commissioner Of Income Vs. Samruddhi Corporation, Tax, Circle-1(2), Surat. Megh Dhwani Complex, City Light Road, Surat – 395007. [Pan: Aaofm 5334 M] (Appellant) (Respondent)

disallowance of certain expenses u/s 40A(3) of the Act. The provisions of section 147 have undergone a drastic change since 01.04.89. The leading case on this issue is that of Indian & Eastern Newspaper Society, 119 ITR 996 wherein, the Hon'ble Supreme Court held that the opinion of the Internal Audit Party on a point of law could

THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1(2),, SURAT vs. M/S. SAMRUDDHI CORPORATION,, SURAT

In the result, cross appeals of Revenue as well as Assessee are dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Meenaassessment Year: 2009-10 Samruddhi Corporation, Vs. The Deputy Commissioner Of Megh Dhwani Complex, Income Tax, Circle-1(2), City Light Road, Surat – 395007. Surat. [Pan: Aaofm 5334 M] (Appellant) (Respondent) Assessment Year: 2009-10 The Deputy Commissioner Of Income Vs. Samruddhi Corporation, Tax, Circle-1(2), Surat. Megh Dhwani Complex, City Light Road, Surat – 395007. [Pan: Aaofm 5334 M] (Appellant) (Respondent)

disallowance of certain expenses u/s 40A(3) of the Act. The provisions of section 147 have undergone a drastic change since 01.04.89. The leading case on this issue is that of Indian & Eastern Newspaper Society, 119 ITR 996 wherein, the Hon'ble Supreme Court held that the opinion of the Internal Audit Party on a point of law could

MAGANLAL HARICHAND SONI,BARDOLI vs. INCOME TAX OFFICER, WARD ONE BARODOLI

In the result, grounds of appeal raised by the assessee are allowed partly

Bench: Shri Pawan Singh(Physical Hearing) Maganlal Harichand Soni, I.T.O., Main Bazar, Zankhwav, Ward-1, Vs. Surat-394440. Bardoli. Pan No. Bkcps 6931 D Appellant/ Assessee Respondent/ Revenue

disallowance out of total cash deposit which is otherwise a part of business proceed. 3. On the other hand, the learned Senior Departmental Representative (ld. Sr. DR) for the revenue supported the orders of lower authorities. The ld. Sr. DR for the revenue submits that the assessee has not filed any cogent evidence to substantiate the fact about cash deposit

THE DCIT, CIRCLE-2(1)(1),, SURAT vs. M/S. TRANSIT GEO SYSTEMS INTEGRATORS PVT. LTD.,, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.3330/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing) D.C.I.T., Circle-2(1)(1), M/S Transit Geo Systems Integrator Pvt. Ltd., 13-C-404, 1St Floor, Room No.223, Aayakar Bhavan, Vs. Parshvanath Complex, Above Bhakti Majura Gate, Surat-395001 Automobiles, Udhna, Magdalla Road, Surat-395017 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadct 4158 N (Appellant) (Respondent)

disallowance of the labour contract expenses of Rs.4,03,34,386/- makes the GP the assessee @ 33% which is itself absurd in the line of assessee`s business. Therefore, based on these facts, the ld CIT(A) deleted the addition. 6. Aggrieved by the order of Ld. CIT(A), the Revenue is in appeal before us. 7. Before us, Shri