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

1) of the Act exceeds amount refundable on regular assessment and from the date of intimation passed till the date of regular assessment. Grounds of appeal raised in the appeal against the additions/disallowances made in the assessment order passed under section 143(3) which continue in the assessment order passed u/s 143(3) read with section

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

1) of the Act exceeds amount refundable on regular assessment and from the date of intimation passed till the date of regular assessment. Grounds of appeal raised in the appeal against the additions/disallowances made in the assessment order passed under section 143(3) which continue in the assessment order passed u/s 143(3) read with section

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-3, SURAT vs. SH. HARESHBHAI MOHANBHAI SAKARIYA, SURAT

In the result, Revenue’s appeal is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A No.01/Srt/2021 (Ay 2010-11) It(Ss)A No.09/Srt/2020 (Ay 2014-15) (Hearing In Physical Court) Deputy Commissioner Of Shri Dineshchandra D Income-Tax, Central Circle- Koradia, 3Room No.507, 5Th Floor, 9/10, Dayanand Society, Aayakar Bhawan, Majura B/H.Navyug College, Gate, Surat-395001 Rander Road, Surat Pan No: Acupk 3696 A Assistant Commissioner Of Vs Income-Tax, Central Circle-3, Room No.507, 5Th Floor, Aayakar Bhawan, Majura Gate, Surat-395001 Appellant / Revenue Respondent /Assessee

1) of the Act without appreciating the fact that entry provider Shri Pravin Jain has identified the concerns from where the assessee has accepted unsecured loan as his dummy concerns. [iii] On the facts and in the circumstances of the case and in law,theLd. CIT(A) has erred in deleting the disallowance made u/s 14A of the Act Rs.71

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. ASSTT. COMMISSIONER OF INCOME TAX,, BHARUCH

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE,, BHARUCH

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. ASSTT. COMMISSIONER OF INCOME TAX., BHARUCH

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Section 271(1)(c) @ 100% of tax sought to be evaded and worked out penalty of Rs. 3089645/- vide order dated 09/03/2015. On further appeal against the penalty order, the penalty was upheld vide order dated 08/03/2017, further aggrieved, the assessee has filed present appeal before this Tribunal. 67. Considering the fact that we have deleted the entire disallowance

ASST. COMMISSIONER OF INCOME TAX, CC-2, SURAT vs. AALIDHAARA TEXTOOL ENGINEERS PVT. LTD, SURAT

In the result, the grounds of appeal raised by Revenue are partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

1 and 2 relates to disallowance under section 14A. As recorded above, the Assessing Officer while passing the assessment order made disallowance of Rs.2.70 crore by invoking the provision of amending Rule 8D. The Assessing Officer considered the opening investment as on 31.03.2017 as well as closing investment on 31.03.2018 thereby worked out average value of investment at Rs.254.27 crore

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -2, SURAT vs. M/S AALIDHAR TEXTOOL ENGINEERS PVT. LTD., SURAT

In the result, the grounds of appeal raised by Revenue are partly allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

1 and 2 relates to disallowance under section 14A. As recorded above, the Assessing Officer while passing the assessment order made disallowance of Rs.2.70 crore by invoking the provision of amending Rule 8D. The Assessing Officer considered the opening investment as on 31.03.2017 as well as closing investment on 31.03.2018 thereby worked out average value of investment at Rs.254.27 crore

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LTD, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

67. Now we take ITA No. 06/Srt/2021 for the A.Y.2016-17 wherein the Revenue has raised following grounds of appeal: ITA 156/SRT/2020 DCIT Vs M/s JK Paper & 2 Ors appeals “1. Whether on the facts and circumstances of case and in law, the Ld. CIT(A) is justified in directing to rework the disallowance made by the AO on account

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

67. Now we take ITA No. 06/Srt/2021 for the A.Y.2016-17 wherein the Revenue has raised following grounds of appeal: ITA 156/SRT/2020 DCIT Vs M/s JK Paper & 2 Ors appeals “1. Whether on the facts and circumstances of case and in law, the Ld. CIT(A) is justified in directing to rework the disallowance made by the AO on account

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LTD, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

67. Now we take ITA No. 06/Srt/2021 for the A.Y.2016-17 wherein the Revenue has raised following grounds of appeal: ITA 156/SRT/2020 DCIT Vs M/s JK Paper & 2 Ors appeals “1. Whether on the facts and circumstances of case and in law, the Ld. CIT(A) is justified in directing to rework the disallowance made by the AO on account

SHRI GHANSHYAM DUNGARBHAI SUTARIYA,,SURAT vs. THE ACIT, CIRCLE-8,, SURAT

In the result, the appeal of the Assessee is dismissed

Bench: Shri H.S. Sidhu & Shri O.P. Meenaassessment Year: 2009-10 Ghanshyam Dungarbhai Sutaria, Vs. Acit, Circle-8, H.No. 1, 1St Floor, Sahaj Park Row Surat House, Hira Baug Circle, Vallabhacharya Road, Near Kailashdham Society, Ashwanikumar Road, Surat-395008 (Pan: Akkpp9318E) (Appellant) (Respondent)

67 DTR 430 5.2 Also Where the omission is deliberate, he cannot get rid of merely by filing a revised return. The revised return being filed only after the Department got information which was confronted to the assessee, penalty is attracted. Similar view has been upheld by several courts in the following judgments:- > Dayabhai Girdharbai

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.

1 to 3: The Ld. CIT(A) has erred in restricting the addition of Rs.5,83,000/- made by the Assessing Officer by estimating the profit @ 20% on alleged unaccounted job receipts of Rs.29,15,120/- to Rs.1,45,751/- by holding that it is reasonable to consider 5% as net profit on the net unaccounted job receipts as income

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.

1 to 3: The Ld. CIT(A) has erred in restricting the addition of Rs.5,83,000/- made by the Assessing Officer by estimating the profit @ 20% on alleged unaccounted job receipts of Rs.29,15,120/- to Rs.1,45,751/- by holding that it is reasonable to consider 5% as net profit on the net unaccounted job receipts as income