AALIDHARA TEXTOOL ENGINEERS PVT. LTD,SURAT vs. PCIT-1, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.94/Srt/2020 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Alidhara Textool Engineers Pvt. Ltd., Vs. The Pcit-1, Surat. Plot No.168, Udhyog Nagar Road, Udhna, Surat -394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacd8469M (Assessee) (Respondent)

disallowance under section 14A r.w.r.8D and assessing officer having applied his mind, has adjudicated the issue, vide para nos. 3 to 3.6 of the assessment order under section 143(3) r.w.s. 92CA(3) of the Act, which are reproduced below: “3.1 On perusal of case records, it is seen that the assesses has earned dividend from shares amounting to Rs.80.06.230

KIRTIKUMAR NAGINDAS SHAH,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(6), SURAT

In the result, ground No.2 raised by the assessee is allowed

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita No.535/Srt/2023 Assessment Year: (2014-15) (Physical Hearing) Kiritkumar Nagindas Shah, Vs. The Ito, A-1103, Regent Residency, Near Ward – 2(3)(6), Saurabh Society, Pal, Surat Surat – 395009, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Anjps9031P (Appellant) (Respondent)

disallowance ITA.535/SRT/2023/AY.2014-15 Kiritkumar Nagindas Shah under section 40(a) (ia) of the Act has been enhanced by ld CIT(A) from Rs.9,73

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

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

disallowed in A.Y. 2009-10 on the ground that the assessee did not fulfill the prerequisite condition for claiming deduction under Section 80IA of the Act. The assessee entered into an agreement with Gujarat Industrial Development Corporation (GIDS) o 15/12/2006, thus there was no agreement prior to that date with a local authority or statutory body. The Assessing Officer further

M/S. K.N. DIAMOND,,BILIMORA vs. THE ASSTT. COMMISSIONER OF INCOME TAX, NAVSARI CIRCLE,, NAVSARI

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.1788/Ahd/2016 "नधा"रण वष"/Assessment Year: 2012-13 M/S K.N.Diamond, Vs. The Assistant Commissioner Soniwad, Bilimora, Of Income Tax, Navsari Navsari – 396 321. Circle, Navsari. [Pan: Aadfk 3167 H] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओर से /Assessee By Shri Parimalsinh Parmar – Advocate राज"वक"ओर से /Revenue By Smt. Anupama Singla – Sr.Dr

73,040/-. The case was selected for scrutiny. The Assessing Officer after issuing show cause notice and considering the reply of the assessee made various disallowance including disallowance under section

BEGANI DYEING MILLS PVT.LTD.,,SURAT vs. THE PR.CIT., CIRCLE-1,, 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.404/Srt/2019 िनधा"रण वष"/Assessment Year: 2012-13 M/S.Begani Dyeing Mills Pvt. Vs The Principal Ltd., Commissioner Of Income 11 To 15, Tara Industrial Estate, Tax-1, Surat. Opp. Gangdhi Kutir, Udhna Magdalla Road, Surat – 395007. [Pan: Aaacb 9634 L] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओर से /Assessee By Shri Rasesh Shah – Ar राज"कीओर से /Revenue By Shri S.T.Bidari – Cit(Dr) सुनवाई की तारीख/ Date Of Hearing: 22.03.2021 उद्घोषणा की तारीख/Pronouncement On: 22.03.2021 आदेश /O R D E R Per Pawan Singh: 1. This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Principal Commissioner Of Income Tax, Surat-1, Surat Hereinafter Referred As “Ld. Pcit” , Passed Under Section 263 Dated 07.12.2018 For The A.Y.2012-13. The Assessee Raised The Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Cit Has Erred In Passing The Order U/S . 263 By Invoking Of Section 263 Of The Act, Although The Assessment Order Passed U/S. 147 R.W.S 143(3) Of The I. T. Act, 1961 Was Neither Erroneous Nor Prejudicial To The Interest Of The Revenue.

73,098/- under section 80IA of the Act in assessment order passed under section 147 read with section 143(3) dated 28.12.2017. 3. The ld. PCIT issued show cause notice under section 263 of the Act dated 13.11.2018 by taking view that the AO worked out disallowance

ENVIRO CONTROL PRIVATE LIMITED,SURAT vs. PRINCIPAL COMMISSIONER OF INCOME- 1, SURAT

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

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.113/Srt/2022 (िनधा"रणवष" / Assessment Year: (2017-18) (Virtual Court Hearing) Enviro Control Pvt. Ltd., Principal Commissioner Of Income- Tax-I, Surat Aayakar Bhawan, Majura Nr. Titan Showroom Ghod Dod Road, Vs. Gate, Opp. New Civil Hospital, Surat- Surat-395001 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaace 8700 C (Appellant ) (Respondent)

73,052/- 11,52,000/- 4 Investment in mutual fund 5,50,000/- 5,50,000/- Total 6,69,13,876/- 99,03,385/- 5. The CBDT in its Circular No.05/2014 dated 11.02.2014 has clarified that Rule 8D read with section 14A of the Act provides for disallowance

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

disallowing an amount of Rs. 1,07,70,324/- in respect of provision for pit covering expenses. 9. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding the action of the AO in adding back the following amount while computing the book profits under section 115JB

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

disallowing an amount of Rs. 1,07,70,324/- in respect of provision for pit covering expenses. 9. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding the action of the AO in adding back the following amount while computing the book profits under section 115JB

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

disallowing an amount of Rs. 1,07,70,324/- in respect of provision for pit covering expenses. 9. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding the action of the AO in adding back the following amount while computing the book profits under section 115JB

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

disallowing an amount of Rs. 1,07,70,324/- in respect of provision for pit covering expenses. 9. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding the action of the AO in adding back the following amount while computing the book profits under section 115JB

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

disallowing an amount of Rs. 1,07,70,324/- in respect of provision for pit covering expenses. 9. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding the action of the AO in adding back the following amount while computing the book profits under section 115JB

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

disallowing an amount of Rs. 1,07,70,324/- in respect of provision for pit covering expenses. 9. On the facts and in the circumstances of the case and in law, the CIT(A) erred in upholding the action of the AO in adding back the following amount while computing the book profits under section 115JB