SHRI RAJESHKUMAR POPATBHAI GABANI,,SURAT vs. THE ITO, WARD-3(2)(5)., SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Sandeep Gosain, Hon'Ble & Shri O.P.Meena, Hon'Bleआ.अ.सं./I.T.A No.1535, 1536 & 1537 /Ahd/2017 "नधा"रण वष"/Assessment Years: 2009-10, 2010-11 & 2011-12 Shri Rajeshkumar Popatbhai V The Income Tax Officer, Gabani, S Ward-3(2)(5), Surat. Bunglaw No.2, Ila Park Society, . Katargam Road, Surat. [Pan: Aazpg 7839 C] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri P.M.Jagasheth – Ca राज"वक"ओरसे /Revenue By Mrs. Anupam Singla – Sr.Dr सुनवाईकीतारीख/ Date Of Hearing: 11.02.2020 उ"घोषणाक"तार"ख/Pronouncement On: 14.02.2020 आदेश /O R D E R Per Sandeep Gosain, Jm: 1. These Three Appeals By The Assessee Are Directed Against The Common Order Of Ld.Commissioner Of Income Tax(Appeals)-3, Surat Dated 27.03.2017 For The Assessment Years 2009-10, 2010-11 & 201-12 Respectively.

disallowance of set off of loss of shares F & O against undisclosed income declared before DDIT(Inv.)-I, Surat. 3 It is therefore

ACIT, CIR-1(3), SURAT vs. SHRI RAJESHKUMAR ARJANBHAI VEKARIA, SURAT

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

Bench: Shri Pawan Singhआ.अ.सं./Ita No.339/Srt/2022 (Ay 2014-15) (Hearing In Physical Court) Assistant Commissioner Of Shri Rajeshkumar Income Tax, Circle-1(3), Arjanbhai Vekaria, Vs Surat, Room No.301, 503, Trade Centre, 3Rd Floor, Anavil Business Ring Road, Centre, Hajira Road, Adajan, Surat-395007 Pan No: Acopv 1228 P Surat-395009 अपीलाथ"/Appellant ""थ" /Respondent

set off capital gains. The assessee entered into share transaction for availing loss and accordingly disallowed the loss to the extent

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1, BHARUCH vs. SALYA INDIA PRIVATE LIMITED, BHARUCH

In the result, the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.438/Srt/2018 (Ay 2010-11) (Hearing In Physical Court) Assistant Commissioner Of Salya India Pvt. Ltd. Income Tax, Circle-1, Ayan Apartment, Limda Vs Bharuch, 1St Floor, Hari Falia, At & P.O Kamboli, Kunj, Income Tax Office, Bharuch Pan No. Aalcs 7799 C Above Bank Of Baroda Building, Station Road, Bharuch अपीलाथ"/Appellant ""यथ" /Respondent

loss of Rs.33,00,04,239/- which the AO had disallowed and determined at Rs. NIL only. 5. The appellant craves to add to, amend or alter the above ground as may be deemed necessary. Relief claimed in appeal. The order of the CIT(A) on the above issue be set

DEEPESH VISHNU AGARWAL,SURAT vs. ITO, WARD 1(2)(1), SURAT

In the result, appeal of revenue is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.168/Srt/2025 Assessment Years: 2019-20 (Hybrid Hearing) Depesh Vishnu Agarwal Income Tax Officer, Ward- बनाम/ A-301, Surya Plaza, U.M. 1(2),(1), Surat (Old Ward- Vs. Road, Surat-395 007 1(2)(6), Surat) Aaykar Bhavan, Majura Gate, Surat- 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aispa2948 P (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.122/Srt/2025 Assessment Year: 2019-20 Income Tax Officer, Ward- Depesh Vishnu Agarwal बनाम/ 1(2),(1), Surat (Old Ward- A-301, Surya Plaza, U.M. Vs. 1(2)(6), Surat) Aaykar Road, Surat-395 007 Bhavan, Majura Gate, Surat- 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aispa 2948 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Manish Malpani, Ca राज" की ओर से /Revenue By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 30/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 27/10/2025

disallowing genuine and bona fide short term capital loss (STCL) and long term capital loss (LTCL) totalling to Rs.1,15,37,991/- (correct figures are STCL Rs.91,78,253/- and LTCL Rs.21,42,111/-) suffered by appellant in the transactions of purchase/sale in shares of Kushal Ltd. done on the platform of stock exchange and duly proved by sufficient evidences

INCOME TAX OFFICER, WARD-1(2)(1), SURAT, SURAT vs. DEEPESH VISHNU AGARWAL, SURAT

In the result, appeal of revenue is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.168/Srt/2025 Assessment Years: 2019-20 (Hybrid Hearing) Depesh Vishnu Agarwal Income Tax Officer, Ward- बनाम/ A-301, Surya Plaza, U.M. 1(2),(1), Surat (Old Ward- Vs. Road, Surat-395 007 1(2)(6), Surat) Aaykar Bhavan, Majura Gate, Surat- 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aispa2948 P (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita No.122/Srt/2025 Assessment Year: 2019-20 Income Tax Officer, Ward- Depesh Vishnu Agarwal बनाम/ 1(2),(1), Surat (Old Ward- A-301, Surya Plaza, U.M. Vs. 1(2)(6), Surat) Aaykar Road, Surat-395 007 Bhavan, Majura Gate, Surat- 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aispa 2948 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Shri Manish Malpani, Ca राज" की ओर से /Revenue By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 30/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 27/10/2025

disallowing genuine and bona fide short term capital loss (STCL) and long term capital loss (LTCL) totalling to Rs.1,15,37,991/- (correct figures are STCL Rs.91,78,253/- and LTCL Rs.21,42,111/-) suffered by appellant in the transactions of purchase/sale in shares of Kushal Ltd. done on the platform of stock exchange and duly proved by sufficient evidences

KHODIYAR MOTORS,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3), SURAT

In the result, the appeal of the assessee is allowed

Bench: Shrisanjay Garg & Shri Bijayananda Prusethआयकरअपीलसं./Ita No.729/Srt/2024 Assessment Year: 2013-14 (Hybrid Hearing) Khodiyar Motors Vs. Dcit, 1-2-3, Green Park, Surat Circle - 2(3), Navsari Road, Unn-Sachin, Surat Surat - 394230 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaffk4882M (अपीलाथ"/Appellant) (""थ"/Respondent) िनधा"रतीकीओरसे/Appellant By Shri P. M. Jagasheth, Ca राज"कीओरसे /Respondent By Shri Ajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 14/08/2025 उद्घोषणा की तारीख/Date Of Pronouncement 11/11/2025

disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished

AALIDHRA TEXFAB PRIVATE LIMITED,SURAT vs. CPC CURRENT JURISDICTION- DCIT,CIRCLE 1(1)(1),SURAT, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri T. R. Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita No.153/Srt/2025 Assessment Year: (2023-24) (Hybrid Hearing) Aalidhara Texfab Pvt. Ltd., Vs. Cpc, 2, Functional Estate, New Industrial Current Jurisdiction: Estate, Road No.6, Udhna, Surat – Dcit, Circle – 1(1)(1), 394210, Gujarat Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aasca8215E (Appellant) (Respondent) Appellant By Shri Rasesh Shah, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 02/07/2025 Date Of Pronouncement 19/08/2025

disallowance of loss claimed, if return of the previous year for which set off of loss is claimed was furnished

THE ACIT, CIRCLE-9,, SURAT vs. M/S. ANJANA EXPORTS,, SURAT

In the result, the appeal of Revenue for AY

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं././././I.T.A Nos.1879,1872/Ahd/2013 & 2833/Ahd/2014 िनधा"रणवष"/Assessment Year: 2009-10 1. Assistant Commissioner Of Income V. M/S. Anjana Exports, Tax, Circle-9, Surat. 1, Kohinoor Society, Opp. G K Chambers, Varachha Road, Surat- 395 006. [Pan: Aadfa 0943 R] V. 2. M/S. Anjana Exports, Assistant Commissioner 1, Kohinoor Society, Opp. G K Of Income Tax, Circle-9, Chambers, Varachha Road, Surat. Surat- 395 006. [Pan: Aadfa 0943 R] V. 3. Assistant Commissioner Of Income M/S. Anjana Exports, Tax, Circle-9, Surat. 1, Kohinoor Society, Opp. G K Chambers, Varachha Road, Surat- 395 006. [Pan: Aadfa 0943 R] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओरसे /Assessee By Shri Mehul Shah, Ca राज"कीओरसे /Revenue By Shri Srinivas T. Bidari, Cit(D.R.) सुनवाईकीतारीख/ Date Of Hearing: 11-02-2020 उद्घोषणाकीतारीख/Pronouncement On: 04-05-2020 आदेश /O R D E R Per O.P.Meena, Am: 1. The Above Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of Commissioner Of Income-Tax (Appeals)-V, Surat [In Short “The Cit(A)”] Dated 18-04-2013 & 01-08-2014 For The Ay. 2009-10 Respectively & One Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income-Tax (Appeals)-V, Surat [In Short “The Cit(A)”] Dated 18-04-2013 For The Ay. 2009-10. Anjana Exports V. Acit, Circle-9, Surat/Ita. 1879 & 1872/Ahd/2013/Ay.2009-10 & 2833/Ahd/2014/Srt/2017/A.Y.2009-10 Page 2 Of 19 In Ita No.1879/Ahd/2013/Ay.2009-10 By The Revenue:- 2. Ground No. 1& 2 Relates To Deleting The Addition Of Rs.5,58,41,797/-

loss was a speculation in nature; hence, the AO relying on the CBDT Circular No.23 dated 12-09-1961 has disallowed the same. 11. Being aggrieve, the assessee carried the matter before CIT(A), wherein it was submitted that the net exchange difference gain on export of Rs.8,65,35,472/- after setting

THE ACIT, CIRCLE-9,, SURAT vs. M/S. ANJANA EXPORTS,, SURAT

In the result, the appeal of Revenue for AY

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं././././I.T.A Nos.1879,1872/Ahd/2013 & 2833/Ahd/2014 िनधा"रणवष"/Assessment Year: 2009-10 1. Assistant Commissioner Of Income V. M/S. Anjana Exports, Tax, Circle-9, Surat. 1, Kohinoor Society, Opp. G K Chambers, Varachha Road, Surat- 395 006. [Pan: Aadfa 0943 R] V. 2. M/S. Anjana Exports, Assistant Commissioner 1, Kohinoor Society, Opp. G K Of Income Tax, Circle-9, Chambers, Varachha Road, Surat. Surat- 395 006. [Pan: Aadfa 0943 R] V. 3. Assistant Commissioner Of Income M/S. Anjana Exports, Tax, Circle-9, Surat. 1, Kohinoor Society, Opp. G K Chambers, Varachha Road, Surat- 395 006. [Pan: Aadfa 0943 R] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओरसे /Assessee By Shri Mehul Shah, Ca राज"कीओरसे /Revenue By Shri Srinivas T. Bidari, Cit(D.R.) सुनवाईकीतारीख/ Date Of Hearing: 11-02-2020 उद्घोषणाकीतारीख/Pronouncement On: 04-05-2020 आदेश /O R D E R Per O.P.Meena, Am: 1. The Above Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of Commissioner Of Income-Tax (Appeals)-V, Surat [In Short “The Cit(A)”] Dated 18-04-2013 & 01-08-2014 For The Ay. 2009-10 Respectively & One Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income-Tax (Appeals)-V, Surat [In Short “The Cit(A)”] Dated 18-04-2013 For The Ay. 2009-10. Anjana Exports V. Acit, Circle-9, Surat/Ita. 1879 & 1872/Ahd/2013/Ay.2009-10 & 2833/Ahd/2014/Srt/2017/A.Y.2009-10 Page 2 Of 19 In Ita No.1879/Ahd/2013/Ay.2009-10 By The Revenue:- 2. Ground No. 1& 2 Relates To Deleting The Addition Of Rs.5,58,41,797/-

loss was a speculation in nature; hence, the AO relying on the CBDT Circular No.23 dated 12-09-1961 has disallowed the same. 11. Being aggrieve, the assessee carried the matter before CIT(A), wherein it was submitted that the net exchange difference gain on export of Rs.8,65,35,472/- after setting

M/S. ANJANA EXPORTS,,SURAT vs. THE DCIT, CENT. CIRCLE, 9,, SURAT

In the result, the appeal of Revenue for AY

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं././././I.T.A Nos.1879,1872/Ahd/2013 & 2833/Ahd/2014 िनधा"रणवष"/Assessment Year: 2009-10 1. Assistant Commissioner Of Income V. M/S. Anjana Exports, Tax, Circle-9, Surat. 1, Kohinoor Society, Opp. G K Chambers, Varachha Road, Surat- 395 006. [Pan: Aadfa 0943 R] V. 2. M/S. Anjana Exports, Assistant Commissioner 1, Kohinoor Society, Opp. G K Of Income Tax, Circle-9, Chambers, Varachha Road, Surat. Surat- 395 006. [Pan: Aadfa 0943 R] V. 3. Assistant Commissioner Of Income M/S. Anjana Exports, Tax, Circle-9, Surat. 1, Kohinoor Society, Opp. G K Chambers, Varachha Road, Surat- 395 006. [Pan: Aadfa 0943 R] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओरसे /Assessee By Shri Mehul Shah, Ca राज"कीओरसे /Revenue By Shri Srinivas T. Bidari, Cit(D.R.) सुनवाईकीतारीख/ Date Of Hearing: 11-02-2020 उद्घोषणाकीतारीख/Pronouncement On: 04-05-2020 आदेश /O R D E R Per O.P.Meena, Am: 1. The Above Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of Commissioner Of Income-Tax (Appeals)-V, Surat [In Short “The Cit(A)”] Dated 18-04-2013 & 01-08-2014 For The Ay. 2009-10 Respectively & One Appeal Filed By The Assessee Is Directed Against The Order Of Commissioner Of Income-Tax (Appeals)-V, Surat [In Short “The Cit(A)”] Dated 18-04-2013 For The Ay. 2009-10. Anjana Exports V. Acit, Circle-9, Surat/Ita. 1879 & 1872/Ahd/2013/Ay.2009-10 & 2833/Ahd/2014/Srt/2017/A.Y.2009-10 Page 2 Of 19 In Ita No.1879/Ahd/2013/Ay.2009-10 By The Revenue:- 2. Ground No. 1& 2 Relates To Deleting The Addition Of Rs.5,58,41,797/-

loss was a speculation in nature; hence, the AO relying on the CBDT Circular No.23 dated 12-09-1961 has disallowed the same. 11. Being aggrieve, the assessee carried the matter before CIT(A), wherein it was submitted that the net exchange difference gain on export of Rs.8,65,35,472/- after setting

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed

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

disallowance thereof results into Department\ntaxing unreal and wrong amount of income.\n13.\nOn the facts and in the circumstances of the case as well in law, both the\nlower authorities have overlooked the claim in the return of income filed\nfor the carried forwards of business loss and unabsorbed depreciation as\nassessed in the regular assessment completed