ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE-2,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recompilation exceeds the tax on total income determined on the basis of regular assessment. 8. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding

ENVIRO TECHNOLOGY LIMITED,,ANKLESHWAR vs. THE ACIT.,BHARUCH CIRCLE,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recompilation exceeds the tax on total income determined on the basis of regular assessment. 8. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding

BHARUCH ENVIRO INFRASTRUCTURE LIMITED,,ANKLESHWAR vs. THE DY.CIT,BHARUCH CIRCLE,, BHARUCH

In the result, this appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recomputation exceeds the tax on total income determined on the basis of regular assessment. 10. On the facts and in circumstances of the case and in law, the CIT(A) erred in upholding

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,ANKLESHWAR vs. DY. COMMISSIONER OF INCOME TAX,, BHARUCH

In the result, this appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recomputation exceeds the tax on total income determined on the basis of regular assessment. 10. On the facts and in circumstances of the case and in law, the CIT(A) erred in upholding

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,ANKLESHWAR vs. ADDL.CIT,BHARUCH CIRCLE,, BHARUCH

In the result, this appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recomputation exceeds the tax on total income determined on the basis of regular assessment. 10. On the facts and in circumstances of the case and in law, the CIT(A) erred in upholding

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,ANKLESHWAR vs. DY. COMMISSIONER OF INCOME TAX,BHARUCH CIRCLE,, BHARUCH

In the result, this appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recomputation exceeds the tax on total income determined on the basis of regular assessment. 10. On the facts and in circumstances of the case and in law, the CIT(A) erred in upholding

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,ANKLESHWAR vs. DY. COMMISSIONER OF INCOME TAX,BHARUCH CIRCLE,, BHARUCH

In the result, this appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recomputation exceeds the tax on total income determined on the basis of regular assessment. 10. On the facts and in circumstances of the case and in law, the CIT(A) erred in upholding

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,ANKLESHWAR vs. ACIT,BHARUCH CIRCLE,, BHARUCH

In the result, this appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

234B(3) of the Act, interest is chargeable on the amount by which the tax on the total income determined on the basis of reassessment or recomputation exceeds the tax on total income determined on the basis of regular assessment. 10. On the facts and in circumstances of the case and in law, the CIT(A) erred in upholding

M/S. SHANGRILA LATEX INDUSTRIES LIMITED,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX - 4, SURAT

In the result, appeal filed by the assessees is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.38/Srt/2017 Assessment Year: (2006-07) (Physical Court Hearing) Shangrila Latex Industries Limited, Vs. The Acit, Circle-4, C/O. B.M. Parekh & Co., 203, 2Nd Surat. Floor, Navjivan Society, Bldg. No. 03, Lamington Road, Mumbai-400008. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaics1479E (Appellant) (Respondent) Assessee By Shri Sanjay S. Kapadia, Ca Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 01/07/2022 28/09/2022 Date Of Pronouncement

section 143(3) r.w.s 147 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 31.03.2014. 2. Grounds of appeal raised by the assessee are as follows: “1. On the facts and circumstances of the case and in law, the ld. CIT(A) has erred in confirming the addition of Rs.3,63,65,889/- on account

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

234B, 234C and 234D and when no such interest is chargeable. It may be deleted. 4. In law and in the facts and circumstances of the assessee’s case, the ld. CIT(A) has grossly erred in dismissing ground No. 2 of the assessee’s appeal before him challenging initiation of penalty proceedings u/s 271(1)(c) on the ground

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.

234B The Learned Commissioner (Appeals) has not considered our submissions regarding calculation of estimated income, non-issue of the demand notice from the department, the cases etc. for deleting the interest or wrong calculation of the interest. 3. The asssessee craves leave to amend, alter or delete any of the above grounds of appeal.” 4. The grounds of appeal raised

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.

234B The Learned Commissioner (Appeals) has not considered our submissions regarding calculation of estimated income, non-issue of the demand notice from the department, the cases etc. for deleting the interest or wrong calculation of the interest. 3. The asssessee craves leave to amend, alter or delete any of the above grounds of appeal.” 4. The grounds of appeal raised

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.

234B The Learned Commissioner (Appeals) has not considered our submissions regarding calculation of estimated income, non-issue of the demand notice from the department, the cases etc. for deleting the interest or wrong calculation of the interest. 3. The asssessee craves leave to amend, alter or delete any of the above grounds of appeal.” 4. The grounds of appeal raised

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.

234B The Learned Commissioner (Appeals) has not considered our submissions regarding calculation of estimated income, non-issue of the demand notice from the department, the cases etc. for deleting the interest or wrong calculation of the interest. 3. The asssessee craves leave to amend, alter or delete any of the above grounds of appeal.” 4. The grounds of appeal raised

THE DCIT, CIRCLE-1,, SURAT vs. M/S. NEMLAXMI BOOKS INDIA PVT. LTD.,, SURAT

In the result, the appeal of Revenue is dismissed

Bench: Shri C.M.Garg & Shri O.P.Meenas आ.अ.सं./I. िनधा" अपीलाथ" Appellant V ""थ"/Respondent . . T.A No. रण N वष"/A O Y: 1 1167/Ahd/ 2009- Nemlaxmi Books V The Assistant 2014/Srt 10 India Pvt. Ltd., . Commissioner Of 602, International Income Tax, Circle – Trade Centre, 1, Surat. Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N 2 1102/Ahd/ 2009- Deputy Commissioner V Nemlaxmi Books 2014/Srt 10 Of Income Tax, . India Pvt. Ltd., Circle -1, Surat. 602, International Trade Centre, Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N Shri Hiren Vepari, Ca िनधा"रती क" ओर से /Assessee By Shri O.P.Meena, Sr.D.R राज"व क" ओर से /Revenue By 28-05-2018 सुनवाई क" तारीख/ Date Of Hearing: 05-06-2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. These Are Cross Appeals By The Assessee & The Revenue Are Directed Against The Order Of Cit(A) Dated 28.01.2014 For The Page 2 Of 18 Nemlaxmi Books India (P) Ltd. Vs. Acit, Circle-1, Surat/I.T.A. No’S.1167 & 1102/Ahd/2014 A.Y. 2009-10

section 145(3) of the Act. 10. Coming to the gross profit addition, we find that the gross profit disclosed during the year is at 11.50% as against the gross profit rate of 13.39% in the immediate preceding year. The reasons for short fall given by the assessee are general in nature and not supported by any documentary evidences, hence

NEMLAXMI BOOK INDIA PVT. LTD. ,,SURAT vs. THE ACIT, CIRCLE-1,, SURAT

In the result, the appeal of Revenue is dismissed

Bench: Shri C.M.Garg & Shri O.P.Meenas आ.अ.सं./I. िनधा" अपीलाथ" Appellant V ""थ"/Respondent . . T.A No. रण N वष"/A O Y: 1 1167/Ahd/ 2009- Nemlaxmi Books V The Assistant 2014/Srt 10 India Pvt. Ltd., . Commissioner Of 602, International Income Tax, Circle – Trade Centre, 1, Surat. Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N 2 1102/Ahd/ 2009- Deputy Commissioner V Nemlaxmi Books 2014/Srt 10 Of Income Tax, . India Pvt. Ltd., Circle -1, Surat. 602, International Trade Centre, Majuragate, Ring Road, Surat – 395 002. Pan: Aaacn 7935N Shri Hiren Vepari, Ca िनधा"रती क" ओर से /Assessee By Shri O.P.Meena, Sr.D.R राज"व क" ओर से /Revenue By 28-05-2018 सुनवाई क" तारीख/ Date Of Hearing: 05-06-2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. These Are Cross Appeals By The Assessee & The Revenue Are Directed Against The Order Of Cit(A) Dated 28.01.2014 For The Page 2 Of 18 Nemlaxmi Books India (P) Ltd. Vs. Acit, Circle-1, Surat/I.T.A. No’S.1167 & 1102/Ahd/2014 A.Y. 2009-10

section 145(3) of the Act. 10. Coming to the gross profit addition, we find that the gross profit disclosed during the year is at 11.50% as against the gross profit rate of 13.39% in the immediate preceding year. The reasons for short fall given by the assessee are general in nature and not supported by any documentary evidences, hence

R.S. TRADELINK PVT.LTD.,SURAT vs. THE ACIT.,CIRCLE-4,, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.2130/Ahd/2014 ("नधा"रणवष" / Assessment Year: (2008-09) (Virtual Court Hearing) M/S. R.S. Tradelink Pvt. Ltd., Vs. The Assistant Commissioner Plot No.17, Magdalla Port Road, Of Income Tax, Circle-4, Surat. Magdalla, Surat-395007. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6607A (Assessee) (Respondent)

3).Give credit for prepaid taxes after due verification. Interest u/s.234A, 234B, 234C is charged as per calculation given in ITNS-150 which is part of this order. Issue notice under section 271(l)(c) for concealment of income and furnishing inaccurate particulars of income.” From the above (A), (B) and (C) analysis it is abundantly clear that

M/S. DELUX DIAMONDS,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(3)(1),, SURAT

In the result, the appeal of the assessee is partly allowed

Bench: Shri C .M. Garg & Shri O. P. Meena

234B and 234C of the Act. 3. Ground no. 1 to 3 are interconnected and relates to addition of Rs. 1,41,28,605 made on account of bogus purchases, hence, these are being considered together. 4. Succinctly, facts as culled out from the orders of lower authorities are that the assessee is a partnership firm and had filed return

SHRI BHADRESH KUMAR S. SHAH,,AHMEDABAD vs. ASSTT. COMMISSIONER OF INCOME TAX,, BHARUCH

In the result, appeal of Assessee dismissed

Bench: Shri Bhavnesh Saini & Shri O.P. Meena

disallowing all these expenses. In view of the above, Ground Nos. 1 to 5 of the appeal of Assessee are dismissed. 7. On Ground No.6, assessee challenged the levy of interest under section 234B and 234D of the I.T.Act. Learned Counsel for the Assessee did not argue on this ground. Further charging of interest is mandatory and 8 ITA.No.3079/Ahd/2014