MURTUJA HUSAINBHAI HIRANI,NA vs. ARIVS.INCOME TAX OFFICER, WARD - 3, , NAVSARI

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.196/Srt/2023 "नधा"रण वष"/Assessment Year: (2014-15) (Physical Hearing) Murtuja Hussainbhai Hirani, Vs. The Ito, Ward-3, Prop. Of R. K. Bullion, Navsari Shop No.5, Pranav Chamber Madhumati, Navsari – 396445, Gujarat. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aciph3680D Appellant By Shri Rasesh Shah, Ca Respondent By Shri Vinod Kumar, Sr. Dr 09/06/2023 Date Of Hearing Date Of Pronouncement 26/06/2023

disallow of deduction of such payments/expenses which were not through bank either by crossed cheques or by demand draft or by pay order. It was further held by the Hon'ble High Court that: "……Apparently, this provision was directly related to curb the evasion of tax and inculcating the banking habits. Therefore, the consequences, which were to befall on account

BHAVNA ENTERPRISE,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(3), SURAT

In the result, appeal of the assessee is dismissed

Bench: Dr. A. L. Sainiआयकर अपील सं./Ita No.487/Srt/2023 Assessment Year: (2018-19) (Virtual Hearing) Bhavna Enterprise, Vs. The Adit, 30, Ambika Nagar Society, Cpc, Bengaluru Hazira Road, Ichchhapore, Jurisdictional Assessing Officer: Surat - 394510 The Ito, Ward-2(3)(6), Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aagfb5274K (Appellant) (Respondent)

194/- on account of ITA.487/SRT/2023/AY.2018-19 Bhavna Enterprise disallowance of employees contribution to provident fund and ESI u/s 36 of the I.T. Act, 1961 while processing return of income u/s 143(1) of the I.T. Act, 1961. 2. On the facts and circumstances of the case as well as law on the subject, Asst. Director of IT, CPC has erred

SURAT DISTRICT CO.OP.MILK PRODUCERS UNION LTD.,,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -3(2),, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) The Surat District Co-Op. Dy. Commissioner Of Milk Producer’S Union Ltd., Income Tax, Circle-3(2), Vs Sumul Dairy Road, Station Aaykar Bhavan, Majura Road, Surat Gate, Surat Pan : Aaaas 3450 M Assessee / Appellant Revenue /Respondent

section 194-I of the Act. Since no TDS is made by the assessee, the disallowance under section 40(a)(ia) of the Act and the Assessing

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

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

disallowance of various expenses claimed in profit and loss account” (vii) Grounds raised by the assessee, which do not require adjudication: “Ground No.7 raised by the assessee, in ITA No. 195/SRT/2022, in respect of initiating of penalty proceedings u/s.271AAC(1) of the Act, and ground No.8 in ITA No. 195/SRT/2022, in respect of initiating penalty proceedings u/s 270A

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

disallowance of various expenses claimed in profit and loss account” (vii) Grounds raised by the assessee, which do not require adjudication: “Ground No.7 raised by the assessee, in ITA No. 195/SRT/2022, in respect of initiating of penalty proceedings u/s.271AAC(1) of the Act, and ground No.8 in ITA No. 195/SRT/2022, in respect of initiating penalty proceedings u/s 270A

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

disallowance of various expenses claimed in profit and loss account” (vii) Grounds raised by the assessee, which do not require adjudication: “Ground No.7 raised by the assessee, in ITA No. 195/SRT/2022, in respect of initiating of penalty proceedings u/s.271AAC(1) of the Act, and ground No.8 in ITA No. 195/SRT/2022, in respect of initiating penalty proceedings u/s 270A

ASSISTANT COMMISSIONER OF INCOME TAX, VALSAD CIRCLE, VALSAD vs. M/S. MANGALDEEP, VALSAD

In the result, appeals in ITA No

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.699/Srt/2018 ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) The Acit, Valsad Circle, Vs. M/S. Mangaldeep, 1St Floor, Shankeshwar Complex, Valsad. Dhobiwad, Valsad, Valsad-396001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfm7130L (Appellant) (Respondent) Cross Objection No.11/Srt/2021 [Arising In Ita No.699/Srt/2018] ("नधा"रणवष" / Assessment Years: (2015-16) (Virtual Court Hearing) M/S. Mangaldeep, Vs. The Acit, Valsad Circle, 1St Floor, Shankeshwar Complex, Valsad. Dhobiwad, Valsad, Valsad-396001. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahfm7130L (Applicant-Co-Objector) (Respondent)

disallowance of 10% of the expenses of Rs.5,54,324/- claimed by the assessee and framed the assessment on 21st September 2005. The said order of the Assessing officer dated 21.9.2005 was taken in revision by the Commissioner of Income Tax in exercise of powers under section 263 of the Income Tax Act. The Commissioner noted that during the survey

LITECON INDUSTRIES PVT. LTD.,SURAT vs. 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 आयकर अपीलसं./Ita No.220/Srt/2023 ("नधा"रण वष" / Assessment Year: (2018-19) (Physical Court Hearing) Litecon Industries Pvt. Ltd. Principal Commissioner Of Income Tax-1, Surat, 1, 123, 1St Floor, Aaykar Block No.255, Navi Pardi, B/H Vs. Kamrej Sugar, Joy N Joy Road, Bhavan, Majura Gate, Surat-395002 Kamrej, Surat-394150 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcl 8007 A अपीलाथ"/ Appellant ""थ" / Respondent

section 40(a)(ia) should not attract to such a case and therefore simply for technical laps u/s 194(7) it is not appropriate to disallow

DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE-2(3), SURAT vs. M/S. REGENT CORPORATION, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Dy.Commissioner Of Income- M/S Regent Corporation, Tax, Circle-2(3),Room No.612, Regent Residency, Near Vs Aaykar Bhavan,Majura Gate, Saurabh Society, Pal, Surat-395001 Surat-395009 Pan : Aaofm 0193 J Revenue / Appellant Assessee /Respondent

194/-. In the computation of income, assessee claimed deduction of Rs.2,04,07,333/- under section 80IB of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’).The case was selected for scrutiny and the assessment was completed under section 143(3) of the Act on 01.03.2013 accepting the returned income. Subsequently, the case was re-opened under

KALUBHAI DULABHAI GOLAVIYA,SURAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, , SURAT

In the result, ground raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./It(Ss)A No.15 & Ita No.619/Srt/2018 (िनधा"रणवष" / Assessment Years: (2011-12 &2014-15) (Virtual Court Hearing) Shri Kalubhai Dulabhai Golaviya Deputy Commissioner Of Income-Tax, B/1-2, Jalaram Society, B/H. Central Circle-2, Aaykar Bhavan, Vs. Gurunagar Society, Varachha Majura Gate, Surat-395001 Road, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp 5116 A (अपीलाथ" /Appellant) (""थ" /Respondent)

disallowance of deduction under section 54F of the Act. Since, we have allowed ground no.1 of the assessee, holding the assessee`s transaction falls under the head capital gain, therefore assessee is entitled to claim the deduction under section 54F of the Act. We note that assessee had claimed the deduction of Rs.31,33,611/- on account of investment

GIRDHARBHAI HARIBHAI GAJERA,SURAT vs. ITO(INTERNATIONAL TAXATION), SURAT

In the result, additional grounds raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं./Ita No.143/Srt/2019 (िनधा"रणवष" / Assessment Year: (2015-16) (Physical Court Hearing) Girdharbhai Haribhai Gajera Income Tax Officer 1,Vrushal Nagar, Opp. (International Taxation), 107, 1St Vs. Ktargam Police Station, Floor, Anavil Business Centre, Katargam Road, Surat-35004 Adajan-Hazira Road, Opp. Star Bazar, Adajan, Surat-395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abepg 7339 M (Assessee ) (Respondent)

194 has held as under: “Section 45 of the Income-tax Act, 1961 -Capital gains – Chargeable as – Assessment, year 1994-95 – Where land was purchased in 1970, and after cloud of land ceiling laws, was cleared and other adjoining lands had been developed, it was decided to be sold in piecemeal by earmarking plots, nonetheless sale transaction would remain

M/S. JAY KESAR BHAVANI DEVELOPERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.2102 To 2104/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2010-11 To 2012-13) (Physical Court Hearing) M/S. Jay Kesar Bhavani Developers Vs. The Ito, Ward-1(1)(3), Pvt. Ltd., Surat. A-48, Kesar Kunj, Shri Bhulabhai Desai Marg, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj6278P (Assessee) (Respondent) Assessee By Shri Sapnesh Seth, Ca Respondent By Shri J. K. Chandani, Sr. Dr Date Of Hearing 05/05/2022 13/07/2022 Date Of Pronouncement

194 & 486/14-15, all dated 18.05.2016 which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since the issue involved in these three appeals, are common and identical, therefore these appeals are clubbed and heard together and a consolidated order

M/S. JAY KESAR BHAVANI DEVELOPERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.2102 To 2104/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2010-11 To 2012-13) (Physical Court Hearing) M/S. Jay Kesar Bhavani Developers Vs. The Ito, Ward-1(1)(3), Pvt. Ltd., Surat. A-48, Kesar Kunj, Shri Bhulabhai Desai Marg, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj6278P (Assessee) (Respondent) Assessee By Shri Sapnesh Seth, Ca Respondent By Shri J. K. Chandani, Sr. Dr Date Of Hearing 05/05/2022 13/07/2022 Date Of Pronouncement

194 & 486/14-15, all dated 18.05.2016 which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since the issue involved in these three appeals, are common and identical, therefore these appeals are clubbed and heard together and a consolidated order

M/S. JAY KESAR BHAVANI DEVELOPERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.2102 To 2104/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2010-11 To 2012-13) (Physical Court Hearing) M/S. Jay Kesar Bhavani Developers Vs. The Ito, Ward-1(1)(3), Pvt. Ltd., Surat. A-48, Kesar Kunj, Shri Bhulabhai Desai Marg, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj6278P (Assessee) (Respondent) Assessee By Shri Sapnesh Seth, Ca Respondent By Shri J. K. Chandani, Sr. Dr Date Of Hearing 05/05/2022 13/07/2022 Date Of Pronouncement

194 & 486/14-15, all dated 18.05.2016 which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since the issue involved in these three appeals, are common and identical, therefore these appeals are clubbed and heard together and a consolidated order

M/S. SHUBH ENTERPRISE,SURAT vs. PR. CIT-1, , SURAT

In the result, the appeal of the assessee is allowed

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.317/Srt/2018 (िनधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) M/S Shubh Enterprise Principal Commissioner Of Income V Tp Scheme No.14, Plot No.42, Opp. Tax-1, Aayakar Bhawan, Majura S. Recent Residency, Pal Village, Surat Gate, Surat-395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abzfs 6271 K (Appellant ) (Respondent)

disallowance of 10% of the expenses of Rs.5,54,324/- claimed by the assessee and framed the assessment on 21st September 2005. The said order of the Assessing office dated 21.09.2005 was taken in revision by the Commissioner of Income Tax in exercise of powers under section 263 of the Income Tax Act. The Commissioner noted that during the survey

SHIVAM WELLNESS PRIVATE LIMITED,SURAT vs. ADIT-CPC, BENGALURU

In the result, assessee’s appeal No

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.492 & 493/Srt/2023 (Ays 2020-21 & 2021-22) (Hearing In Physical Court) Shivam Wellness Pvt. Ltd. Adit-Cpc, Bangalore Clinic, Hg-1, I.T.C. Building, 1St Floor, Prestige Alpha, Vs Majura Gate, Ring Road, No.48/1, 48/2, Surat-395 001 Beratengaagrahara, Housr [Pan Abbcs 3673 G] Road, Uttarahalli Road, Bengaluru, Karnataka-560100 अपीलाथ"/Appellant ""थ" /Respondent

194 CTR 197 (Guj)[20-12-2004] held that appeal is a continuation of assessment proceedings and the proceeding before Tribunal are mean to correctly tax liability of assessee. It was also held that tribunal is well within its jurisdiction to entertain new ground by which the assessee claim benefit and adjudicate the tax liability of assessee. ITA Nos.492-493/SRT/2023 (A.Ys