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

209 ITR 335 (Mad.). The ld. CIT(A) has also observed that the Assessing Officer disallowed estimated figure of Rs. 5 lacs paid towards food and other facilities in the clubs because no specific business purpose was pointed out by the assessee. From the above, the ld. CIT(A) held that the expenses have been disallowed due to difference

M/S. VIPUL PARK,TAPI vs. THE DCIT,CENT.CIR.-2, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Hon'Ble & Dr.Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.1195/Ahd/2013 "नधा"रण वष"/Assessment Year: 2009-10 M/S.Vipul Park, Vs. The Deputy Commissioner Of Andhar Wadi Road, Income Tax, Central Circle-2, Vyara, Dist. Tapi – 394 650. Surat. [Pan: Aalfm 3438 P] अपीलाथ" / Appellant ""यथ"/Respondent

disallowance of deduction u/s.80IB(10) at Rs.39,62,791/-. To estimate the average profit, the opening stock plays an important role in assessee`s case, as the profit earned by the assessee is because of selling the opening stock, as explained above. We note that Assessing officer worked out the unreasonable profit in terms of quantum at Rs.28

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

209 is made beyond due date under the PF and ESIC Rules was not disallowed. The AO therefore, relying on the decision of Hon`ble Madras High Court in the case of CIT v. Madras Radiators Ltd. disallowed the same under section

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

209 is made beyond due date under the PF and ESIC Rules was not disallowed. The AO therefore, relying on the decision of Hon`ble Madras High Court in the case of CIT v. Madras Radiators Ltd. disallowed the same under section

DCIT, CIRCLE-2(1)(2), SURAT vs. M/S. SHREE DURGA SYNTEX PVT. LTD, SURAT

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) D.C.I.T. M/S Shree Durga Syntex Pvt. Ltd., Circle-2(1)(2), Block No. 129 & 175, Plot No. Z&E, R.S. Vs. Room No. 205, Aayakar No. 120, Tal: Jolva-394305, Dist- Surat. Bhavan, Majura Gate, Pan: Aabcd 8894 P Surat. Appellant Respondednt M/S Shree Durga Syntex Pvt. Ltd., A.C.I.T. Block No. 129 & 175, Plot No. Circle-4, Vs. Z&E, Jolva Rs No. 120 & 120/1, Surat. Surat-394305. Pan: Aabcd 8894 P Appellant Respondednt

209% in A.Y. 2010-11 and 241% in A.Y. 2011-12 which could be achieved only when the assessee appointed these agents for sales, purchase and for procurement of raw material. The conclusion by the Assessing officer is based on mere presumption and guess work. On the aforesaid observation, the ld. CIT(A) deleted the entire disallowance of commission expenses

SHREE DURGA SYNTEX PRIVATE LIMITED,SURAT vs. ACIT, CIRCLE-4, SURAT

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) D.C.I.T. M/S Shree Durga Syntex Pvt. Ltd., Circle-2(1)(2), Block No. 129 & 175, Plot No. Z&E, R.S. Vs. Room No. 205, Aayakar No. 120, Tal: Jolva-394305, Dist- Surat. Bhavan, Majura Gate, Pan: Aabcd 8894 P Surat. Appellant Respondednt M/S Shree Durga Syntex Pvt. Ltd., A.C.I.T. Block No. 129 & 175, Plot No. Circle-4, Vs. Z&E, Jolva Rs No. 120 & 120/1, Surat. Surat-394305. Pan: Aabcd 8894 P Appellant Respondednt

209% in A.Y. 2010-11 and 241% in A.Y. 2011-12 which could be achieved only when the assessee appointed these agents for sales, purchase and for procurement of raw material. The conclusion by the Assessing officer is based on mere presumption and guess work. On the aforesaid observation, the ld. CIT(A) deleted the entire disallowance of commission expenses

SHREE GANESH KHAND UDHYOG,,BHARUCH vs. THE INCOME TAX OFFICER, WARD-2(3),, VADODARA

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section (u/s) 37 of the Act. The AO made disallowance of Rs.24,82,82,209/- being amount incurred over and above

SHREE GANESH KHAND UDHYOG,,BHARUCH vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 1, BHARUCH

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section (u/s) 37 of the Act. The AO made disallowance of Rs.24,82,82,209/- being amount incurred over and above

J. KORIN SPINNING PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER (INT. TAXN.),, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं./I.T.A No.2734/Ahd/2016 "नधा"रण वष"/Assessment Year: 2015-16 J.Korin Spinning Pvt. Ltd., V The Income Tax Officer, Office No.502, 5Th Floor, Union S (International Taxation), Surat. Trade Centre, Udhna Darwaja, . Ring Road, Surat – 395 002. [Pan: Aabcj 9649 N] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri H.R.Vepari – A.R. राज"वक"ओरसे /Revenue By Smt. Anupama Singla – Sr.Dr

209 of29-04-2015 (Page No. 19 to 28). " 7. On the other hand, the ld.DR relied upon the orders passed by the Revenue Authorities. 8. We have heard the Counsels for both the parties and we have also perused the material placed on record, judgments cited by the parties and the orders passed by the Revenue Authorities. Before

GUJARAT NARMADA VALLEY FERTILIZERS AND CHEMICALS LTD.,BHARUCH vs. DEPUTY COMMISSINER OF INCOME TAX , CIRCLE 2(1)(1), VADODARA

In the result, ground no.3 raised by the assessee is allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.13/Srt/2023 "नधा"रण वष"/Assessment Year: (2008-09) (Virtual Hearing) Gujarat Narmada Valley Deputy Commissioner If Income- Fertilizers & Chemicals Limited, Tax, Circle -2(1)(1), Room No. 403, 4Th Floor, Aaykar Bhavan, P.O. Narmadanagar, Bharuch- – Vs. 392015. Race Course Circle, Vadodara- 390 007 (""थ" /Respondent) (अपीलाथ" /Appellant) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacg8372Q िनधा"रती की ओर से /Appellant By Shri Yogesh Shah, Ar राज"व क" ओर से /Respondent By Shri Vinod Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing 11/04/2023 घोषणा की तारीख/Date Of Pronouncement 18/04/2023

section 143(3) r.w.s. 254 of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’). 2. The grounds of appeal raised by the assessee are as follows: “1. The order passed by the Commissioner of Income tax (Appeals) (“CIT(A)”) is bad in law as the order was passed before the expiry of time granted in notice issued

INCOME TAX OFFICER, SURAT vs. BORDA BROTHERS, VARACHHA ROAD, SURAT

In the result, both the appeals filed by the Department are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

209/-. Subsequently, the case of the assessee was reopened under Section 148 of the Act. However, in response to notice issued by the Assessing Officer, the assessee did not file return of income. During the course of 148 proceedings, the Assessing Officer noted that a search and seizure action was carried out in the Shri Rajendra Jain Group

INCOME TAX OFFICER, WARD-3(3)(1), SURAT, SURAT vs. BORDA BROTHERS, SURAT

In the result, both the appeals filed by the Department are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

209/-. Subsequently, the case of the assessee was reopened under Section 148 of the Act. However, in response to notice issued by the Assessing Officer, the assessee did not file return of income. During the course of 148 proceedings, the Assessing Officer noted that a search and seizure action was carried out in the Shri Rajendra Jain Group

THE ACIT, CIRCLE-1(2), SURAT vs. M/S. PRIME CO-OPERATIVE BANK LTD., SURAT

In the result, appeal of the Revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

section 69 of Gujarat Co-operative Societies Act and it has not been spent during the year under consideration.On appeal before the ld. CIT(A) deleted this disallowance by following the decision of co-ordinate Bench of Ahmedabad Tribunal in the case of Surat National Co-operative Bank Ltd., for AY 2007-08 dated 23.08.2013 in ITA No.3242/Ahd/2010, wherein

SUNITA JAJOO,SURAT vs. ITO WARD 2(2)(4), SURAT

In the result, assessee’s appeal is allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No. 552/Srt/2024 (Ay 2011-12) (Physical Court Hearing) Rambilash Rajaram Jajoo Income Tax Officer, Ward- 429-432, Golden Point, Falsawadi, 2(2)(4), Aaykar Bhawan, Majura बनाम Ring Road, Surat City, Gate, Opp. New Civil Hospital, Vs Surat-395 002 Surat-395 001 [Pan : Aampj 0040 K] अपीलाथ"/Appellant ""थ" /Respondent

disallowances were upheld, however on further appeal before this Tribunal, those assessee was allowed full relief vide order dated 09.12.2022 in ITA No. 183 to 185/Srt/2022. Against the decision of this Tribunal dated 09.12.2022 (supra), Revenue filed appeal before Hon’ble jurisdictional High Court and the same has been dismissed in a detailed order vide Tax Appeal

RAMBILASH RAJARAM JAJOO,SURAT vs. INCOME TAX OFFICER WARD-2(2)(4), SURAT

In the result, assessee's appeal is allowed

disallowances were upheld,\nhowever on further appeal before this Tribunal, those assessee was allowed\nfull relief vide order dated 09.12.2022 in ITA No. 183 to 185/Srt/2022. Against\nthe decision of this Tribunal dated 09.12.2022 (supra), Revenue filed appeal\nbefore Hon'ble jurisdictional High Court and the same has been dismissed in\na detailed order vide Tax Appeal

ROOPAM SAREES PVT. LTD.,,SURAT vs. INCOME TAX OFFICER, WARD 2(1)(1), SURAT

In the result, ground no.3 raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.272/Srt/2022 "नधा"रण वष"/Assessment Year: (2013-14) (Physical Hearing) Roopam Sarees Pvt. Ltd., Vs. The Ito, Ward-2(1)(1), Plot No.55, Jay Krishna Mill, Gidc Surat. Pandesara, Surat-395002. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr9748N

section 69C of the Act. Further six (6) entries of Star Red Note Book amounting to Rs. 75,000/- each shows the name of Rajesh Relan who is the Director of the Company total amounting to Rs.4,50,000 (Rs.75,000*6) which simply states that Rajesh Relan was custodian of cash received and as stated above and it should