DCIT, CIRCLE-1(1)(1), SURAT, SURAT vs. M/S. J K PAPER LIMITED, SURAT

In the result, all these three appeals of the Revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance under Section 14A of the Act at Rs. 13,32,300/- and MAT Credit entitlement of Rs. 6,36,89,244

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2(1)(1), SURAT vs. PANDESARA GREEN ENVIRONMENT WATER WELFARE COOP. SOCIETY LIMITED, SURAT

In the result, the grounds of appeal raised by the revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

244, 245 & 246/Srt/2023 (Assessment Years: 2017-18, 2018-19 and 2020-21) (Virtual hearing) A.C.I.T., Pandesara Green Environment Water Circle- 2(1)(1), Welfare Co-operative Society Limited, Vs. Surat. Plot No. 195, G.I.D.C., Opp. Wintex Mills, Pandesara. PAN No. AAAAP 0743 Q Appellant/ assessee Respondent/ revenue Department represented by Shri Vinod Kumar, Sr.DR Assessee represented by Shri Sapnesh Sheth

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2(1)(1), SURAT vs. PANDESARA GREEN ENVIRONMENT WATER WELFARE COOP. SOCIETY LIMITED, SURAT

In the result, the grounds of appeal raised by the revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

244, 245 & 246/Srt/2023 (Assessment Years: 2017-18, 2018-19 and 2020-21) (Virtual hearing) A.C.I.T., Pandesara Green Environment Water Circle- 2(1)(1), Welfare Co-operative Society Limited, Vs. Surat. Plot No. 195, G.I.D.C., Opp. Wintex Mills, Pandesara. PAN No. AAAAP 0743 Q Appellant/ assessee Respondent/ revenue Department represented by Shri Vinod Kumar, Sr.DR Assessee represented by Shri Sapnesh Sheth

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 2(1)(1), SURAT vs. PANDESARA GREEN ENVIRONMENT WATER WELFARE COOP. SOCIETY LIMITED, SURAT

In the result, the grounds of appeal raised by the revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

244, 245 & 246/Srt/2023 (Assessment Years: 2017-18, 2018-19 and 2020-21) (Virtual hearing) A.C.I.T., Pandesara Green Environment Water Circle- 2(1)(1), Welfare Co-operative Society Limited, Vs. Surat. Plot No. 195, G.I.D.C., Opp. Wintex Mills, Pandesara. PAN No. AAAAP 0743 Q Appellant/ assessee Respondent/ revenue Department represented by Shri Vinod Kumar, Sr.DR Assessee represented by Shri Sapnesh Sheth

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

244 (Ker.). 30. In Liberty India (supra), the Supreme Court, dealing with the deduction on Duty Entitlement Passbook Scheme (DEPB), held that there is a distinction between profit linked tax incentives and investment linked tax incentives. Sections 80-I, 80-IA and 80-IB have a common scheme. The incentives in the form of deductions are linked to profits

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

244 (Ker.). 30. In Liberty India (supra), the Supreme Court, dealing with the deduction on Duty Entitlement Passbook Scheme (DEPB), held that there is a distinction between profit linked tax incentives and investment linked tax incentives. Sections 80-I, 80-IA and 80-IB have a common scheme. The incentives in the form of deductions are linked to profits

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

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

HAMILTON HOUSEWARES PRIVATE LIMITED,DAMAN & DIU vs. PR. COMMISSIONER OF INCOME TAX, VALSAD

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.163/Srt/2022 "नधा"रण वष"/Assessment Year: (2017-18) (Virtual Hearing) Hamilton Houseware Pvt. Ltd., Vs. The Pcit, Valsad. Plot No.49/50, Danydyog Industrial Estate, Piparia 396230, Dadra & Nagar Haveli. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcd1683Q

disallow of Rs.9,92,19,057/- by invoking the provisions of section 35(2AB) of the I.T. Act and added to the total income of the assessee for the year under consideration. 4. In view of the above, it is clear that the AO has passed the assessment order without carrying proper verification. Therefore, the assessment made

M/S. RACHNA ENTERPRISE,,SURAT vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri.Ram Lal Negi & Shri O.P.Meenaआ.अ.सं./I.T.A. No.1889/Ahd/2016 िनधा"रणवष"/Assessment Year : 2014-15 M/S. Rachna Enterprise, Vs. Dcit, Central Circle-1, Aaykar T.P No. 31, F.P. No. 31, Adajan Main Road, Bhavan, Majura Gate, Surat Surat-395009. [Pan: Aaofr 0215 L] अपीलाथ" Appellant ""यथ"/Respondent िनधा"रतीक"ओरसे /Assessee By Shri Rasesh Shah, Ca Shri Dilip Kumar, Sr. D.R. राज"वक"ओरसे /Revenue By सुनवाईक"तारीख/ Date Of Hearing : 26.03.2019 30.04.2019 उ"ोषणाक"तारीख/Pronouncement On : आदेश /O R D E R Per O. P. Meena Am: 1. This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-4, Surat [In Short “The Cit(A)], Dated 28.06.2016 Pertaining To The Assessment Year 2014-15. 2. The Grounds Raised By The Assessee As Under: “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Ld. Cit(As) Has Erred In Enhancing The Assessment By Disallowing The Interest To The Extent Of Rs.46,36,800/- By Erroneously Holding That It Is Required To Be Capitalized To The Work In Progress. 2. It Is Therefore Prayed That Enhancement Made By Ld. Cit(Appeals) May Please Be Deleted.”

244/-. However, the CIT (A) deleted this disallowance by giving the following finding at para no. 7.2: “ I agree with the assessee that the disallowance has been made by the AO is totally arbitrary and unlawful manner. The statement of Viren Shah dealt about undisclosed unrecorded income of Rs. 70 lacs being net income. Clearly, it was meant that

SMT. BHAVNABEN ARVINDBHAI PATEL,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.576/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Smt.Hemanginiben B Patel, V The Deputy Commissioner Of 28, Sangam Society, Parle Point, Surat. Income Tax, Circle-3, Surat. S. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afipp 2238 Q (Assessee) (Respondent) आयकरअपीलसं./Ita No.577/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) Smt. Bhavnaben Arvindbhai Patel, V The Deputy Commissioner Of 27, Adarshnagar Society, Ambatalawadi S. Income Tax, Central Circle-1, Katargam, Surat – 395004. Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp 4358 M (Assessee) (Respondent) आयकरअपीलसं./Ita No.578/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) Smt. Ritaben Niravbhai Patel, V The Deputy Commissioner Of 1003-1004, Santvan Heights, S. Income Tax, Central Circle-1, Laxmikant Ashram Road, Katargam, Surat. Surat – 395004. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alxpp 0357 M (Assessee) (Respondent) Assessee By : Shri Vartik Choksi - Ca Respondent By : Ms.Anupama Singla – Sr.Dr सुनवाईक"तार"ख/ Date Of Hearing : 07/07/2021 घोषणाक"तार"ख/Date Of Pronouncement : 30/07/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Three Appeals Filed By Different Assessees, Pertaining To Assessment Year 2014-15, Are Directed Against The Separate Orders Passed By The Ld.Commissioner Of Income Tax (Appeals) [Ld. Cit(A)], Which In Turn Arise Out Of Separate Penalty Order & Assessment Orders Passed By The Assessing Officer Under

disallowance is uncalled for. The Assessing Officer may be directed to delete the same. 1.2 In law and in the facts and circumstances of the assessee's case, the learned CIT(A) ought to have appreciated that document furnished during the course of assessment proceedings i.e. invoice copies, confirmation of account with PAN details, bank statement evidencing payment through regular

SMT. RITA BEN NIRAVBHAI PATEL,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX,CENTRAL CIRCLE-1, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.576/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Smt.Hemanginiben B Patel, V The Deputy Commissioner Of 28, Sangam Society, Parle Point, Surat. Income Tax, Circle-3, Surat. S. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afipp 2238 Q (Assessee) (Respondent) आयकरअपीलसं./Ita No.577/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) Smt. Bhavnaben Arvindbhai Patel, V The Deputy Commissioner Of 27, Adarshnagar Society, Ambatalawadi S. Income Tax, Central Circle-1, Katargam, Surat – 395004. Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp 4358 M (Assessee) (Respondent) आयकरअपीलसं./Ita No.578/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) Smt. Ritaben Niravbhai Patel, V The Deputy Commissioner Of 1003-1004, Santvan Heights, S. Income Tax, Central Circle-1, Laxmikant Ashram Road, Katargam, Surat. Surat – 395004. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alxpp 0357 M (Assessee) (Respondent) Assessee By : Shri Vartik Choksi - Ca Respondent By : Ms.Anupama Singla – Sr.Dr सुनवाईक"तार"ख/ Date Of Hearing : 07/07/2021 घोषणाक"तार"ख/Date Of Pronouncement : 30/07/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Three Appeals Filed By Different Assessees, Pertaining To Assessment Year 2014-15, Are Directed Against The Separate Orders Passed By The Ld.Commissioner Of Income Tax (Appeals) [Ld. Cit(A)], Which In Turn Arise Out Of Separate Penalty Order & Assessment Orders Passed By The Assessing Officer Under

disallowance is uncalled for. The Assessing Officer may be directed to delete the same. 1.2 In law and in the facts and circumstances of the assessee's case, the learned CIT(A) ought to have appreciated that document furnished during the course of assessment proceedings i.e. invoice copies, confirmation of account with PAN details, bank statement evidencing payment through regular

SMT. HEMANGINIBEN B. PATEL,SURAT vs. DCIT,CENTRAL CIRCLE-3, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.576/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Smt.Hemanginiben B Patel, V The Deputy Commissioner Of 28, Sangam Society, Parle Point, Surat. Income Tax, Circle-3, Surat. S. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Afipp 2238 Q (Assessee) (Respondent) आयकरअपीलसं./Ita No.577/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) Smt. Bhavnaben Arvindbhai Patel, V The Deputy Commissioner Of 27, Adarshnagar Society, Ambatalawadi S. Income Tax, Central Circle-1, Katargam, Surat – 395004. Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp 4358 M (Assessee) (Respondent) आयकरअपीलसं./Ita No.578/Srt/2018 ("नधा"रणवष" / Assessment Year: (2014-15) Smt. Ritaben Niravbhai Patel, V The Deputy Commissioner Of 1003-1004, Santvan Heights, S. Income Tax, Central Circle-1, Laxmikant Ashram Road, Katargam, Surat. Surat – 395004. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alxpp 0357 M (Assessee) (Respondent) Assessee By : Shri Vartik Choksi - Ca Respondent By : Ms.Anupama Singla – Sr.Dr सुनवाईक"तार"ख/ Date Of Hearing : 07/07/2021 घोषणाक"तार"ख/Date Of Pronouncement : 30/07/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Three Appeals Filed By Different Assessees, Pertaining To Assessment Year 2014-15, Are Directed Against The Separate Orders Passed By The Ld.Commissioner Of Income Tax (Appeals) [Ld. Cit(A)], Which In Turn Arise Out Of Separate Penalty Order & Assessment Orders Passed By The Assessing Officer Under

disallowance is uncalled for. The Assessing Officer may be directed to delete the same. 1.2 In law and in the facts and circumstances of the assessee's case, the learned CIT(A) ought to have appreciated that document furnished during the course of assessment proceedings i.e. invoice copies, confirmation of account with PAN details, bank statement evidencing payment through regular

THE ASSTT. COMMISSIONER OF INCOME TAX, VAPI CIRCLE,, VAPI vs. M/S. WESTERN INDIA COSTRUCTION,, DAMAN

In the result, the appeal of the Revenue is partly allowed for statistical purposes

section 144 r.w.s 143(3) of the Income Tax Act, 1961 [hereinafter referred to as the “Act”]. 2. The grievances raised by the Revenue are as follows: “(1) On the facts and in the circumstance of the case and in law, the Ld. CIT(A) erred in deleting the disallowance on account of unproved capital amounting to Rs.1

THE ITO, WARD-2(3)(5),, SURAT vs. M/S. GLOBAL SYNTAX, SURAT

In the result, the appeal of the Revenue is dismissed

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

section 271(1)(c) of the Act cannot be attracted. Following the above decisions of Hon’ble Supreme Court and other High Courts, the CIT(A) had deleted the penalty of Rs.14,58,363/- levied on this account. 5. Being aggrieved, the Revenue filed this appeal before the Tribunal. The ld.Sr.DR relied on the order of the Assessing Officer

HUBERGROUP INDIA PVT. LTD. (FORMERLY KNOWN AS MICRO INKS PVT. LTD.),VAPI vs. THE ACIT, VAPI CIRCLE,, VAPI

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Huber Group India Pvt. Assistant Commissioner Of Ltd. (Formerly Known As Income Tax, Vapi, Circle, Vs Micro Inks Pvt.Ltd.) Shivam Commercial Bilakhia House, Complex, National High Muktanand Marg, Way No.8 Vapi Chala, Vapi-396191 Pan : Aaach 7063 F Appellant / Assessee Respondent / Revenue

disallowed by 37 Huber Group India Pvt. Ltd. Assessing Officer and approved by DRP. (The ld AR submits that figure of gain and loss are incorrectly recorded by assessing officer). The current loan is for acquisition of capital assets and foreign exchange loss under consideration is also a capital in nature. The capital expenditure per se is not allowable