INCOME TAX OFFICER, SURAT vs. THE SUTEX CO.OPERATIVE BANK LIMITED, SURAT

In the result, the appeal of the revenue is dismissed

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.780/Srt/2024 Assessment Year: (2016-17) (Hybrid Hearing) The Ito, Vs. The Sutex Co-Operative Bank Ltd., Ward – 1(1)(1), 2Nd Floor, Bank Block, Surat Textile Surat Market, Ring Road, Surat - 395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaat2953Q (अपीलाथ" / Appellant) (""थ" / Respondent) Appellant By Shri Mukesh Jain, Sr. Dr Respondent By Shri Sapnesh Sheth, Ca Date Of Hearing 09/04/2025 Date Of Pronouncement 05/06/2025

vii) of the Act in addition to benefit of deduction of the provisions for bad and doubtful debts u/s 36(1)(viia) of the Act. A reading of Clause (viia) of section 36(1) of the Act makes it clear that provisions for bad and doubtful debt made by the eligible banks has two components; (i) amount not exceeding

SAHAKARI KHAND UDUOG MANDAL LTD.,NA vs. ARIVS.DCIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

SHREE KHEDUT SAHAKARI KHAND UDYOG MANDLI LTD.,BARDOLI vs. INCOME TAX OFFICER, WARD-1, BARDOLI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\n6\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid

MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD,.,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, , NAVSARI

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

ACIT, NA vs. ARI CIRCLE, NAVSARIVS.M/S. MAROLI VIBHAG, KAND UDYOG SAHAKARI MANDALI LTD., NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

ACIT, NA vs. ARI CIRCLE, NAVSARIVS.M/S. MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD.,, NAVSARI

In the result, all the appeals are disposed of in the manner indicated\nhereinbefore

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

SAHADARI KHAND UDYOG MANDAL LTD.,,NA vs. ARIVS.ACIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

SAHAKARI KHAND UDYOG MANDAL LTD.,,GANDEVI vs. ACIT, NAVSARI CIRCLE, NAVSARI, NAVSARI

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

ACIT, NA vs. ARI CIRCLE., NAVSARIVS.M/S. MAROLI VIBHAG KHAND UDYOG SAHAKARI MANDALI LTD,, NAVASARI

9 of the Sale of Goods Act, 1930 and hence, the AO's disallowance\nof portion of the cane price confirmed by the C.I.T. (Appeals) ignoring the\nfact of payment of cane price made for the year out of commercial\nexpediency, being without jurisdiction, arbitrary or based on irrelevant or\nextraneous consideration, unfair, subjective, irrational, bad in law, invalid,\nvoid

DHANESH JAYANTILAL CHOKSHI,VADODARA vs. DCIT CPC, BENGALARU

In the result, the grounds of appeal raised by the assessee is allowed

Bench: Shri Pawan Singhdhanesh Jayantilal Chokshi, Ito- Ward 2(5), Bharuch, B-17, Jash Villa, Satsang Gujarat / Vs. Bungalows, Old Padra Road, Cpc Bangalore . Vadodara, Gjuarat-390020. Bcmehta_05@Yahoo.Com Ph;942744114204 Pan No. Acapc 0450 E Appellant/ Assessee Respondent/ Revenue

9. I have considered the submissions of both the parties and have gone through the orders of the lower authorities carefully. I have also deliberated on the various case laws relied by ld AR for the assessee. The CPC while processing the return of assessee made adjustment (disallowance) of Rs. 85, 318/-, out of employer contribution for superannuation fund, which

S M K R VASHI HIGH SCHOOL,NA vs. ARIVS.INCOME TAX OFFICER, EXEMPTION WARD, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.515/Srt/2023 (िनधा"रण वष" / Assessment Year: (2021-22) (Physical Court Hearing) S.M.K.R Vashi High School Income Tax Officer-Exemption Ward, Surat, Aaykar Bhavan, Umbhrat Road Maroli Bazar, Vs. Majura Gate, Surat-395001 Jalalpore Navsari-396436 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalfs 0980 J (अपीलाथ" /Appellant) (""थ"/Respondent)

section 143(1) of the Income Tax Act, 1961 (in short ‘the Act’). 2. The grounds of appeal raised by assessee are as follows: “1. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the action of Assessing Officer/CPC by disallowing the exemption of Rs.3

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

9,057/-. The Company complies with all the conditions laid down in section 35 (2AB) of the Act for claiming such deduction. The Company has satisfies all the following conditions as stipulated in section 35(2AB) of the Act, Viz, a. The company is engaged in the business of manufacture, Wholesale supplies, distributors and exporter of house ware product

M/S. R.WADIWALA SECURITIES PVT. LTD.,SURAT vs. THE INCOME TAX OFFICER, WARD 4(1), SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं./I.T.A No.1566/Ahd/2013 िनधा"रणवष"/Assessment Year: 2009-10 M/S. R. Wadiwala Securities Pvt. Ltd., V. Income Tax Officer, 9/2003-04, Limda Chowk Main Road, Ward-4(1), Surat. Surat-395 003. [Pan: Aajpt 4629 F] अपीलाथ" / Appellant ""थ"/Respondent

disallowance of Rs.7,40,996/- being genuine business expenses. However, with regard to transaction charges of Rs.18,75,042/- paid to BSE/NSE, the CIT(A) observed that this issue is same covered the fees for technical services u/s.194J of the Act. The CIT(A) also observed that the M/s. R. Wadiwala Securities v. ITO, Ward-4(1),Surat/ITA. 1656/AHD/2013/A.Y.2009-10 Page

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)

disallowance of Rs.1,01,41,034/- u/s 54B of the I.T. Act, 1961. (This covers ground no.2 raised by the assessee in ITA No.118/SRT/2021 for AY.2014-15)” 3. Now we shall take above concised and summarized grounds of appeals, one by one. 4. First, we shall take Revenue’s appeal in IT(SS)A No.23/SRT/2021 for AY.2012-13

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)

disallowance of Rs.1,01,41,034/- u/s 54B of the I.T. Act, 1961. (This covers ground no.2 raised by the assessee in ITA No.118/SRT/2021 for AY.2014-15)” 3. Now we shall take above concised and summarized grounds of appeals, one by one. 4. First, we shall take Revenue’s appeal in IT(SS)A No.23/SRT/2021 for AY.2012-13

KRISTINA NATHABHAI KRICHCHAN,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3), SURAT

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.349/Srt/2022 "नधा"रण वष"/Assessment Year: (2016-17) (Physical Hearing) Kristina Nathabhai Krichchan, Vs. The Dcit, Circle-2(3), 2/4, Zankhana Apartment, Surat. 21 Narmad Nagar Society, Athwalines, Surat – 395001. (Assessee) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Dwipk2888D Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) 10/05/2023 Date Of Hearing Date Of Pronouncement 26/06/2023

disallowed by the assessing officer. 349/SRT/2022/AY.2016-17 Kristina N. Krichchan 6. Aggrieved by the order of the Assessing Officer, the assessee carried the matter in appeal before the Ld. CIT(A), who has confirmed the action of the Assessing Officer. The ld CIT(A) observed that claim of assessee under section 54B of Income tax Act is not acceptable for simple

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.193 To 195/Srt/2022 Assessment Years: (2015-16 To 2017-18) (Physical Hearing) Ravi Mahexa, Vs. Income Tax Officer, Ward-5, 7Th 14/55, Dilipnagar Near Dilip Nagar Vapi, Fortune Square, Floor, 8Th Floor & 9Th Floor, Ii, Ground, Daman, Daman – 396210, Daman & Diu (Ut) Chala Road, Vapi-396191 Ravi Mahexa Income Tax Officer, Daman 14/55, Dilipnagar Near Dilip Nagar Ward, Daman Jevanji Ground, Daman, Daman & Diu (Ut) - Apartment, Kavi Khabardar 396210 Road, Daman-396210 Vapi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apkpm1888H (Assessee) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Minal Kamble, Sr. Dr Date Of Hearing 19/07/2023 Date Of Pronouncement 31/07/2023

disallowance of various expenses claimed in profit and loss account” (vii) Grounds raised by the assessee, which do not require adjudication: “Ground No.7 raised by the assessee, in ITA No. 195/SRT/2022, in respect of initiating of penalty proceedings u/s.271AAC(1) of the Act, and ground No.8 in ITA No. 195/SRT/2022, in respect of initiating penalty proceedings u/s 270A

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita Nos.193 To 195/Srt/2022 Assessment Years: (2015-16 To 2017-18) (Physical Hearing) Ravi Mahexa, Vs. Income Tax Officer, Ward-5, 7Th 14/55, Dilipnagar Near Dilip Nagar Vapi, Fortune Square, Floor, 8Th Floor & 9Th Floor, Ii, Ground, Daman, Daman – 396210, Daman & Diu (Ut) Chala Road, Vapi-396191 Ravi Mahexa Income Tax Officer, Daman 14/55, Dilipnagar Near Dilip Nagar Ward, Daman Jevanji Ground, Daman, Daman & Diu (Ut) - Apartment, Kavi Khabardar 396210 Road, Daman-396210 Vapi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apkpm1888H (Assessee) (Respondent) Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Minal Kamble, Sr. Dr Date Of Hearing 19/07/2023 Date Of Pronouncement 31/07/2023

disallowance of various expenses claimed in profit and loss account” (vii) Grounds raised by the assessee, which do not require adjudication: “Ground No.7 raised by the assessee, in ITA No. 195/SRT/2022, in respect of initiating of penalty proceedings u/s.271AAC(1) of the Act, and ground No.8 in ITA No. 195/SRT/2022, in respect of initiating penalty proceedings u/s 270A