M/S. PRESIDENCY EXPORTS,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(2),, SURAT

In the result, the appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Shri Vikram Singh Yadavआ.अ.सं./I.T.A. No.1546/Ahd/2015 "नधा"रणवष"/Assessment Year : 2010-11 Presidency Exports, Vs. The Income Tax Officer, B-22, Basement, Rushabh Textile Ward-2(2), Surat. Tower, Ring Road, Surat – 395 002. [Pan: Aadfp 6602 L] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T.A. No.2037/Ahd/2015 "नधा"रणवष"/Assessment Year : 2010-11 The Income Tax Officer, Vs Presidency Exports, Ward-2(2), Surat. . B-22, Basement, Rushabh Textile Tower, Ring Road, Surat – 395 002. [Pan: Aadfp 6602 L] अपीलाथ" Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Suresh K.Kabra – Ca राज"वक"ओरसे /Revenue By Shri B.P.K.Panda –Sr.Dr

section 40A(2)(b) of the Act. Briefly stated, the facts of the case are that during the year under consideration, the assessee has purchased finished cloth amounting to Rs.32,99,204/- from its sister concern M/s. Gurera Textiles Pvt. Ltd., admittedly which is a related person u/s 40A(2)(b) of the Act. The Assessing Officer, during the course

THE ITO, WARD-2(2),, SURAT vs. M/S. PRESIDENCY EXPORTS,, SURAT

In the result, the appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Shri Vikram Singh Yadavआ.अ.सं./I.T.A. No.1546/Ahd/2015 "नधा"रणवष"/Assessment Year : 2010-11 Presidency Exports, Vs. The Income Tax Officer, B-22, Basement, Rushabh Textile Ward-2(2), Surat. Tower, Ring Road, Surat – 395 002. [Pan: Aadfp 6602 L] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T.A. No.2037/Ahd/2015 "नधा"रणवष"/Assessment Year : 2010-11 The Income Tax Officer, Vs Presidency Exports, Ward-2(2), Surat. . B-22, Basement, Rushabh Textile Tower, Ring Road, Surat – 395 002. [Pan: Aadfp 6602 L] अपीलाथ" Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Suresh K.Kabra – Ca राज"वक"ओरसे /Revenue By Shri B.P.K.Panda –Sr.Dr

section 40A(2)(b) of the Act. Briefly stated, the facts of the case are that during the year under consideration, the assessee has purchased finished cloth amounting to Rs.32,99,204/- from its sister concern M/s. Gurera Textiles Pvt. Ltd., admittedly which is a related person u/s 40A(2)(b) of the Act. The Assessing Officer, during the course

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

In the result, this ground of appeal is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

256 Sq.mtrs. for its Land Filling Project-II, from Gujarat Industrial Development Corporation(GIDC). The assessee fulfilled all the conditions specified in sub clause (a) to (c) of section 80IA(4)(i) of the Act and assessee is entitled for deduction. 6. For Incinerator Plant (undertaking), the assessee submitted that in line with main object and to provide clean environmental

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,BHARUCH vs. THE DY.CIT.,BHARUCH CIRCLE,, BHARUCH

In the result, this ground of appeal is allowed for statistical purpose

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

256 Sq.mtrs. for its Land Filling Project-II, from Gujarat Industrial Development Corporation(GIDC). The assessee fulfilled all the conditions specified in sub clause (a) to (c) of section 80IA(4)(i) of the Act and assessee is entitled for deduction. 6. For Incinerator Plant (undertaking), the assessee submitted that in line with main object and to provide clean environmental

THE ACIT, CIRCLE 2,, BHARUCH vs. M/S. JAYSHREE AROMATICS PVT. LTD.,, BHARUCH

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) The Assistant Commissioner Jayshree Aromatics Pvt. Ltd., Of Income Tax, Plot No.4703, 4704, 4705/1-4, Vs Circle-2, Bharuch. Gidc Estate, Ankleshwar, Dist. Bharch – 393002. Pan: Aabcj 8258 R Appellant/ Revenue Respondent/ Assessee

2 Jayshree Aromatics Pvt. Ltd., Bharuch aromatics and fine chemicals. The assessee filed its return of income for the A.Y. 2011-12 on 15.07.2011 declaring total income of Rs.1,02,63,980/-. In the computation of income, the assessee claimed deduction of Rs.3,39,47,518/- under section 10B of the Act. The return of income was revised by assessee

DCIT, CENTRAL CIRCLE-2, SURAT, SURAT vs. DHANPRIYA PRINTS PVT. LTD.,, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

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

disallowance of alleged unaccounted job work receipt by assessee. Hence, ground No.1 to 4 raised by Revenue are dismissed. 18. Considering the fact that we have upheld the action of ld CIT(A) hence, sole ground of appeal raised by assessee in its appeal is also dismissed. In the result, assessees appeal is dismissed.” 8. Since, the issue is squarely

DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, SURAT vs. BETEX INDIA LIMITED, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

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

disallowance of alleged unaccounted job work receipt by assessee. Hence, ground No.1 to 4 raised by Revenue are dismissed. 18. Considering the fact that we have upheld the action of ld CIT(A) hence, sole ground of appeal raised by assessee in its appeal is also dismissed. In the result, assessees appeal is dismissed.” 8. Since, the issue is squarely

BETEX INDIA LIMITED,SURAT vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

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

disallowance of alleged unaccounted job work receipt by assessee. Hence, ground No.1 to 4 raised by Revenue are dismissed. 18. Considering the fact that we have upheld the action of ld CIT(A) hence, sole ground of appeal raised by assessee in its appeal is also dismissed. In the result, assessees appeal is dismissed.” 8. Since, the issue is squarely

M/S. RUCHI SAREES PVT. LTD.,SURAT vs. INCOME TAX OFFICER, WARD 2(1)(1), , SURAT

In the result, ground No. 1 of the appeal is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance of interest expenses of Rs. 80,811/- under Section 68 of the Income Tax Act, 1961. 2. The Hon'ble CIT(Appeals)-II, Surat was not justified in confirming the addition made of Rs. 26,00,000/- on account of unexplained cash credit under Section 68 of the Income Tax Act, 1961. 3. The appellant reserves the right

M/S. RUCHI SAREES PVT. LTD.,SURAT vs. INCOME TAX OFFICER, WARD 2(1)(1), , SURAT

In the result, ground No. 1 of the appeal is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance of interest expenses of Rs. 80,811/- under Section 68 of the Income Tax Act, 1961. 2. The Hon'ble CIT(Appeals)-II, Surat was not justified in confirming the addition made of Rs. 26,00,000/- on account of unexplained cash credit under Section 68 of the Income Tax Act, 1961. 3. The appellant reserves the right

M/S. RUCHI SAREES PVT. LTD.,SURAT vs. INCOME TAX OFFICER, WARD 2(1)(1), , SURAT

In the result, ground No. 1 of the appeal is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance of interest expenses of Rs. 80,811/- under Section 68 of the Income Tax Act, 1961. 2. The Hon'ble CIT(Appeals)-II, Surat was not justified in confirming the addition made of Rs. 26,00,000/- on account of unexplained cash credit under Section 68 of the Income Tax Act, 1961. 3. The appellant reserves the right

M/S. RUCHI SAREES PVT. LTD.,SURAT vs. INCOME TAX OFFICER, WARD 2(1)(1), , SURAT

In the result, ground No. 1 of the appeal is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance of interest expenses of Rs. 80,811/- under Section 68 of the Income Tax Act, 1961. 2. The Hon'ble CIT(Appeals)-II, Surat was not justified in confirming the addition made of Rs. 26,00,000/- on account of unexplained cash credit under Section 68 of the Income Tax Act, 1961. 3. The appellant reserves the right

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.,2, SURAT vs. VIJAYBHAI MALABHAI BHARWAD, SURAT

In the result, ground no.2 raised by the assessee in ITA

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर(खोज-और-ज"ती)अपील सं/It(Ss)A Nos.23 & 24/Srt/2021 (Assessment Years: 2012-13 & 2013-14) (Physical Hearing) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 3, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.118/Srt/2021 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Acit, B-58, Chandramani Apartment, Circle -1(2), Udhana Magdalla Road, Surat - 395007 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.121/Srt/2021 (Assessment Year: 2014-15) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 2, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर(खोज-और-ज"ती)अपील सं It(Ss)A Nos.90/Srt/2022 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Dcit, B-58, Chandramani Apartment, Central Circle – 3, Udhana Magdalla Road, Surat. Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent)

256 ITR 360 ii) CIT V/s Ranchodbhai Jivabhai Nakhare 208 Taxmann 35 (Guj) iii) CIT V/s Pankaj Enka in ITA No. 967 (215 dated 05.01.2016) iv) PCIT-1 v/s Ridhi Sidhi Corporation in ITA No. 69 of 2018 dated 14.02.2018 45. Therefore, considering the facts of the assessee`s case and case law relied

VIJAYBHAI MALABHAI BHARWAD,SURAT vs. ASST. COMMISSIONER OF INCOME TAX, CIR.,-1(2), SURAT

In the result, ground no.2 raised by the assessee in ITA

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर(खोज-और-ज"ती)अपील सं/It(Ss)A Nos.23 & 24/Srt/2021 (Assessment Years: 2012-13 & 2013-14) (Physical Hearing) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 3, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.118/Srt/2021 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Acit, B-58, Chandramani Apartment, Circle -1(2), Udhana Magdalla Road, Surat - 395007 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.121/Srt/2021 (Assessment Year: 2014-15) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 2, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर(खोज-और-ज"ती)अपील सं It(Ss)A Nos.90/Srt/2022 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Dcit, B-58, Chandramani Apartment, Central Circle – 3, Udhana Magdalla Road, Surat. Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent)

256 ITR 360 ii) CIT V/s Ranchodbhai Jivabhai Nakhare 208 Taxmann 35 (Guj) iii) CIT V/s Pankaj Enka in ITA No. 967 (215 dated 05.01.2016) iv) PCIT-1 v/s Ridhi Sidhi Corporation in ITA No. 69 of 2018 dated 14.02.2018 45. Therefore, considering the facts of the assessee`s case and case law relied

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)

256 ITR 385 (Bom.) l. It is important to mention that the Assessee did not deal in past or in subsequent years and is a solitary transaction of the purchase and sale of land. 9. The CIT(A) has in Para 6.2 from page nos. 7-22, summarised the arguments of the Assessee and thereafter, allowed the claim

ITO-2(3)(7), SURAT vs. BHAGCHAND JAIN, SURAT

In the result the ground No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.263 & 264/Srt/2019 (िनधा"रणवष" / Assessment Years: (2014-15&2008-09) (Virtual Court Hearing) The Income Tax Officer, Bhagchand Jain (Huf) Ward-2(3)(7), Rom No.414, 4Th 507, Milennium Trade Centre, Thoba Sheri, Mahidharpura, Surat-395003 Floor, Anvil Business Centre, "थायीलेखासं./जीआइआरसं. Adajan-Hajira Road, Adajan, /Pan/Gir No.: Aaghb 1271 G Surat-395009 Bhagchand Jain (Indl.) The Income Tax Officer, V 507, Milennium Trade Centre, Thoba Ward-2(3)(7), Rom No.414, 4Th S. Sheri, Mahidharpura, Surat-395003 Floor, Anvil Business Centre, "थायीलेखासं./जीआइआरसं./Pan/G Adajan-Hajira Road, Adajan, Ir No.: Abbpj 5197 P Surat-395009

256/- 2 M/s Parshwanath Gems Pvt. Ltd. 2,06,40,285/- Total 4,19,00,541/- During the search proceedings statement on oath were recorded of dummy directors / partners / proprietors of concerns of Shri Gautam Jain group in which Shri Gautam Bhanwarlal Jain director of M/s Parshwanath Gems Pvt. Ltd and M/s Karishma Diamond Pvt Ltd,during the search proceedings

ITO-2(3)(7), SURAT vs. BHAGCHAND JAIN (HUF), SURAT

In the result the ground No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.263 & 264/Srt/2019 (िनधा"रणवष" / Assessment Years: (2014-15&2008-09) (Virtual Court Hearing) The Income Tax Officer, Bhagchand Jain (Huf) Ward-2(3)(7), Rom No.414, 4Th 507, Milennium Trade Centre, Thoba Sheri, Mahidharpura, Surat-395003 Floor, Anvil Business Centre, "थायीलेखासं./जीआइआरसं. Adajan-Hajira Road, Adajan, /Pan/Gir No.: Aaghb 1271 G Surat-395009 Bhagchand Jain (Indl.) The Income Tax Officer, V 507, Milennium Trade Centre, Thoba Ward-2(3)(7), Rom No.414, 4Th S. Sheri, Mahidharpura, Surat-395003 Floor, Anvil Business Centre, "थायीलेखासं./जीआइआरसं./Pan/G Adajan-Hajira Road, Adajan, Ir No.: Abbpj 5197 P Surat-395009

256/- 2 M/s Parshwanath Gems Pvt. Ltd. 2,06,40,285/- Total 4,19,00,541/- During the search proceedings statement on oath were recorded of dummy directors / partners / proprietors of concerns of Shri Gautam Jain group in which Shri Gautam Bhanwarlal Jain director of M/s Parshwanath Gems Pvt. Ltd and M/s Karishma Diamond Pvt Ltd,during the search proceedings

THE DY,CIT., CENTRAL CIRCLE-1,, SURAT vs. M/S. NAKODA LIMITED, SURAT

In the result, the appeal is allowed

2) of the Income-tax Act,1961. It has also been submitted by the learned A.R. that the issue of section] 115JB in the case of the appellant company itself travelled upto the ITAT for A.Y.2005 06 and in the order giving effect to the said appellate order, the Assessing Officer has followed the directions and carried out year- wise

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