KIRTIKUMAR NAGINDAS SHAH,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(6), SURAT

In the result, ground No.2 raised by the assessee is allowed

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita No.535/Srt/2023 Assessment Year: (2014-15) (Physical Hearing) Kiritkumar Nagindas Shah, Vs. The Ito, A-1103, Regent Residency, Near Ward – 2(3)(6), Saurabh Society, Pal, Surat Surat – 395009, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Anjps9031P (Appellant) (Respondent)

Section 14A of the Income-Tax Act, 1961, provides for disallowance of expenditure incurred in relation to earning of exempt income. The Central Board of Direct Taxes (CBDT) vide notification no. 43/2016 dated 2

S J P CONSTRUCTIONS PRIVATE LIMITED,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1)(2), SURAT

In the result, ground No. 1 to 3 of the appeal are allowed for statistical purpose

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.430/Srt/2023 (Ay 2015-16) (Hearing In Physical Court) S J P Constructions Pvt. Ltd. Deputy Commissioner Of E-3300, Radhakrishna Textile Income Tax, Circle-2(1)(2) Vs Market, Ring Road, Surat- Surat, Aaykar Bhavan, 395002 Income Tax Colony, Pan No. Aajcs 4313 C Athwa, Surat-395001 अपीलाथ"/Appellant ""थ" /Respondent

14A is attracted. The assessee has not offered suo motu disallowances under section14A. The Assessing Officer invoked provision of Rule 8D of the Income Tax Rules, 1962 and worked out the disallowance under third limb of Rule 8D(2). The Assessing Officer worked out the disallowance under section

M/S SUMILON INDUSTRIES PVT. LTD.,SURAT vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX - 1, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.87/Srt/2022 ("नधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) M/S Sumilon Industries Pvt. Principal Commissioner Of Ltd. 6-121-A, Vairagini Wadi, Income-Tax-1, Aaykar Bhavan, Vs. Delhi Gate, Surat-395003 Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcs3567 L (Appellant) (Respondent) िनधा"रती की ओर से /Assessee By : Shri Mukund Bakshi, C.A राज"व क" ओर से /Respondent By: Shri Ashok B. Koli, Cit-D.R

Section 14A of the Act provides for disallowance of the expenditure even where taxpayer in a particular year has not earned any exempt income. Accordingly, ld PCIT noted that disallowance u/s 14A is applicable to the case of assessee, the amount of disallowance as per Rule 8D r.w.s.14A is worked out as under: As per Rule 8D(2

GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LTD,SURAT vs. PR. CIT-3, VADODARA

In the result, appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.178/Srt/2020 Assessment Year: (2014-15) (Virtual Court Hearing) Gujarat Narmada Valley Fertilizers Vs. The Pcit-3 & Chemicals Ltd., Surat. Narmada House, Narmadanagar, Bharuch – 392015. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacg8372Q (Appellant) (Respondent) Assessee By Shri Yogesh Shah, Ar Respondent By Shri Ashok B. Koli, Cit-Dr Date Of Hearing 03/01/2023 Date Of Pronouncement 22/02/2023

section 263 of the Act had no applicability in the facts of the case. It is submitted that it be so held now. 1.5 The learned CIT failed to appreciate that no further disallowance u/s 14A was required to be made and erred in setting aside to AO for re-verification. It is submitted that it be so held

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(1)(1), SURAT vs. ENVIRO CONTROL PVT. LTD., SURAT

In the result, the appeal is partly allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.274 & 307/Srt/2022 ("नधा"रण वष" /Assessment Years: (2013-14 & 2017-18) (Virtual Court Hearing) Assistant Commissioner Of Enviro Control Pvt. Ltd., Income-Tax, Circle-1(1)(1), Vs. Enviro House, Opp. Bank Of Surat, Room No.108, 1St Floor, Maharshtra, Ghod Dod Road, Surat- Aayakar Bhawan, Majura 395007 Gate, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaace 8700 C (Assessee) (Respondent)

section 14A of the Act, read with Rule 8D of the Rules. Therefore, assessing officer has computed the disallowance as follows: ITA.274 & 307/SRT/2022/AYs.13-14 & 17-18 Enviro Control Pvt. Ltd. Sr.No Particulars Amounts (Rs) 1 Value of investment as on 31.03.2012 6,63,63,876 2

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE - 1(1)(1), SURAT vs. ENVIRO CONTROL PVT. LTD., , SURAT

In the result, the appeal is partly allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.274 & 307/Srt/2022 ("नधा"रण वष" /Assessment Years: (2013-14 & 2017-18) (Virtual Court Hearing) Assistant Commissioner Of Enviro Control Pvt. Ltd., Income-Tax, Circle-1(1)(1), Vs. Enviro House, Opp. Bank Of Surat, Room No.108, 1St Floor, Maharshtra, Ghod Dod Road, Surat- Aayakar Bhawan, Majura 395007 Gate, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaace 8700 C (Assessee) (Respondent)

section 14A of the Act, read with Rule 8D of the Rules. Therefore, assessing officer has computed the disallowance as follows: ITA.274 & 307/SRT/2022/AYs.13-14 & 17-18 Enviro Control Pvt. Ltd. Sr.No Particulars Amounts (Rs) 1 Value of investment as on 31.03.2012 6,63,63,876 2

SACH ELECTRO MECH PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1)(2),, SURAT

In the result ground No. 4 of the appeal is allowed

Bench: Shri Pawan Singh, Hon'Ble & Dr Arjun Lal Saini, Hon'Ble(Virtual Court - Virtual Hearing) आ.अ.सं./I.T.A No.262/Ahd/2017 "नधा"रण वष"/Assessment Year: 2013-14 Sach Electro Mech Pvt. Ltd., V The Income Tax Officer, C/2, Maheshwari Apartment, S Ward-2(1)(2), Surat. Timaliyawad, Nanpura, . Surat – 395 001. [Pan: Aaics 8963 M] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Manish J.Shah – Ar राज"वक"ओरसे /Revenue By Mrs. Anupam Singla – Sr.Dr

disallowance under Section 14A of the Act 6 Sach Electro Mech Pvt. Ltd., Vs. ITO, Ward-2(1)(2), Surat

INCOME TAX OFFICER WARD - 1(1)(1), SURAT vs. V R SURAT PVT. LTD. FORMERLY KNOWN AS M/S DHANLAXMI INFRASTRUCTURE PVT. LTD., SURAT

In the result, cross objection filed by the assessee (in CO

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.329/Srt/2022 Assessment Year: (2015-16) (Physical Hearing) Income Tax Officer, Ward- Vs. V R Surat Pvt. Ltd. 1(1)(1), Surat, Room No.111, 1St (Formerly Known As M/S. Floor, Aayakar Bhawan, Majura Dhanlaxmi Infrastructure Pvt. Gate, Surat-395001 Ltd.,).F. No.29, Virtuous Retail, Surat Dumas, Nr. Dumas Resort, Magdalla, Surat– 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccd5578R (Assessee) (Respondent) ""या"ेप. सं./Co No.16/Srt/2022 [Arising Out Of Ita No.329/Srt/2022] Assessment Year: (2015-16)

disallowance made by the assessee under section 14A of the Act amounting to Rs. 33,26,922 in the return of income. In doing so, Ld. assessing officer/Ld. CIT(A) erred in not considering that: a) The assessee has sufficient interest free funds amounting to Rs.1,51,39,39,468 as compared to the investment in mutual funds (yielding exempt

GANDEVI TALUKA KHEDUT SAHAKARI SANGH LTD.,,NA vs. ARIVS.INCOME TAX OFFICER WARD-2, NAVSARI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

2) (ii) Revised calculation of proportionate Disallowance (As per Method of ‘assessing Officer’) (vide PB. 3) (iii) Details of Expenses considered for Disallowance (vide PB.4) (iv) Calculation sheet of proportionate disallowance (Net Income Method) (vide PB.5 to 8) (v) Copy of Trading, Profit and Loss and Balance sheet of Power Tillers Department (English Translation) for the AY.2007-08 (vide PB.9

ASSISTANT COMMISSIONER OF INCOME TAX,, NA vs. ARIVS.GANDEVI TALUKA KHEDUT SAHAKARI SANGH LTD.,, NAVSARI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

2) (ii) Revised calculation of proportionate Disallowance (As per Method of ‘assessing Officer’) (vide PB. 3) (iii) Details of Expenses considered for Disallowance (vide PB.4) (iv) Calculation sheet of proportionate disallowance (Net Income Method) (vide PB.5 to 8) (v) Copy of Trading, Profit and Loss and Balance sheet of Power Tillers Department (English Translation) for the AY.2007-08 (vide PB.9

GANDEVI TALUKA KHEDUT SAHAKARI SANGH LTD.,,NA vs. ARIVS.INCOME TAX OFFICER WARD-2, NAVSARI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

2) (ii) Revised calculation of proportionate Disallowance (As per Method of ‘assessing Officer’) (vide PB. 3) (iii) Details of Expenses considered for Disallowance (vide PB.4) (iv) Calculation sheet of proportionate disallowance (Net Income Method) (vide PB.5 to 8) (v) Copy of Trading, Profit and Loss and Balance sheet of Power Tillers Department (English Translation) for the AY.2007-08 (vide PB.9

ASSISTANT COMMISSIONER OF INCOME TAX,, NA vs. ARIVS.GANDEVI TALUKA KHEDUT SAHAKARI SANGH LTD.,, NAVSARI

In the result, appeal filed by the assessee in ITA No

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

2) (ii) Revised calculation of proportionate Disallowance (As per Method of ‘assessing Officer’) (vide PB. 3) (iii) Details of Expenses considered for Disallowance (vide PB.4) (iv) Calculation sheet of proportionate disallowance (Net Income Method) (vide PB.5 to 8) (v) Copy of Trading, Profit and Loss and Balance sheet of Power Tillers Department (English Translation) for the AY.2007-08 (vide PB.9

THE ITO, WARD-1(1)(4),, SURAT vs. M/S. MID WAY LOGISTICS PVT. LTD.,, SURAT

In the result appeal of the revenue is dismissed

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Ble(Virtual Court Virtual Hearing) आ.अ.सं./I.T.A No.107/Ahd/2017 "नधा"रण वष"/Assessment Year: 2012-13 The Income Tax Officer, V M/S.Mid Way Logistics Pvt. Ltd., 24, 2Nd Floor, Agrasen Point Complex, City Ward-1(1)(4), Surat. S. Light, Nr.Agrasen Bhavan, Surat - 395 007. [Pan: Aafcm 9233 K] अपीलाथ" / Appellant ""यथ"/Respondent

disallowance of ₹ 1,07,30,658/- made on account of expenditure incurred to earn exempt income under section 14A of the I.T. Act when the investment made by assessee are capable of earning exempt income (ii) On the facts and in the circumstances of the case, ld. Commissioner (Appeals) has sought to have upheld the order of assessing officer

JUPAX DISTRIBUTORS PVT. LTD.,KOLKATA vs. ITO WARD 12(2), KOLKATA

In the result, ground of appeal raised by the assessee assessment order allowed for statistical purposes

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Jupax Distributors Pvt. Ltd., A.C.I.T., Circle-4,Surat. 58A, Raja Basant Roy Road, (Old A.O.: Ito, Ward 12(2), Vs. Kolkata-700029. Kolkata (Wb) Pan No. Aaacj 6952 F Appellant/ Assessee Respondent/ Revenue

disallowance under Section 14A was made. Thereby the explanation of assessee was accepted. The said order was further revised by the ld. Pr.CIT vide his order dated 14/03/2019 passed under Section 263 of the Act wherein it was held that the assessment order is erroneous in so far as prejudicial to the interests of revenue for want of enquiry

MANJU DEVI BEGANI,SURAT vs. INCOME TAX OFFICER,WARD 2(1)(3), SURAT

In the result, the appeal of the assessee is partly allowed for statistical\npurposes

2,23,207/- on\naccount of disallowance u/s. 14A of the Act.\n3.\nOn the facts and circumstances of the case as well as law on the subject,\nthe Ld. assessing officer has erred in making addition of Rs. 76,24,846/- on account\nof bogus agricultural income as unexplained cash credit

HUBERGROUP INDIA PRIVATE LIMITED,VAPI vs. PR. COMMISSIONER OF INCOME TAX, VALSAD

In the result, appeal of the assessee is dismissed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.133/Srt/2022 (Ay 2018-19) (Hearing In Virtual Court) Hubergroup India Pvt. Ltd. Principal Commissioner Of Plot No.808/E, Phase-Ii, Income Tax, Valsad, Room Vs Gidc, Vapi-396195 No.301, 3Rd Floor, Income Tax Pan No. Aaach 7063 F Office, Palak Arcade, Pali Hill, Santi Nagar, Tithal Road, Valsad-396001 ""थ" /Respondent अपीलाथ"/Appellant

2 Hubergroup India Pvt. Ltd. income for assessment year 2018-19 declaring income of Rs.261.68 crores on 28.11.2018. The assessee subsequently revised its return of income by filing revised return on 29.12.2018 declaring income of Rs.263.11 crores. Initially return was processed by Central Processing Centre, Bangalore under section 143(1) in accepting return of income, vide intimation dated 11.04.2019. However

SHRI GORDHANBHAI R. ASODARIA,SURAT vs. ASSISTANT COMMISSIONER INCOME TAX, CENTRAL CIRCLE-3, SURAT

In the result, the ground No

Bench: Shri Pawan Singh(Virtual Hearing) Shri Gordhanbhai R. Asodaria, A.C.I.T., 8, Raghuvir Bunglow, City Light Road, Central Circle-3, Vs. Parle Point, Surat-395007. Surat. Pan No. Abapa 6910 G Appellant/ Assessee Respondent/ Revenue

Section 14A of the Act, the interest expenses of Rs. 1,70,691/- should be disallowed. The Assessing Officer recorded that he has reason to believe that income of assessee to the extent of Rs. 1,70,691/- for A.Y. 2012-13 has escaped assessment on failure on the part of assessee in disclosing fully and truly all materials

SHRI VIJAY CHAMPAK PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-6(4), SURAT

In the result, appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.281/Ahd/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Vijay Champak Patel, Vs. Income Tax Officer, Pachhlu Faliyu, Near Water Ward-6(4), Surat Tank, Bharthana, Vesu, Surat

2 84,00,000/- 50,00,000/- 28.02.2010 Allowed Penalty by CIT(A) was not levied 3 34,00,000/- 30.04.2011 A.O. made addition, 5 Vijay Champak Patel Assessment Year: 2011-12 69,04,000/- 16,00,000/- 30.09.2011 confirmed by CIT(A) and upheld by ITAT. 08.08.2011 (Penalty levied) 11. On the basis of aforesaid facts the Ld. Counsel