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

unexplained cash credit u/s 68 of the Income Tax Act, 1961. (ii) Ground No.2 raised by the assessee, in ITA No. 195/SRT/2022, are as follows: “2. On the facts and in the circumstances of the case as well as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the assessing

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, WARD 5, , VAPI

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

unexplained cash credit u/s 68 of the Income Tax Act, 1961. (ii) Ground No.2 raised by the assessee, in ITA No. 195/SRT/2022, are as follows: “2. On the facts and in the circumstances of the case as well as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the assessing

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

unexplained cash credit u/s 68 of the Income Tax Act, 1961. (ii) Ground No.2 raised by the assessee, in ITA No. 195/SRT/2022, are as follows: “2. On the facts and in the circumstances of the case as well as law on the subject, the learned commissioner of the Income Tax (Appeals) has erred in confirming the action of the assessing

VISHWAS BUILDERS,OPERA PALACE vs. ACIT, CIR 2(2), SURAT, MAJURAGATE, SURAT

In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2017-2018 Vishwas Builders, Acit, Cir 2(2), Laskana Kholvad Road, Aaykar Bhavan, Gujarat-395004. Vs. Majuragate, Surat-395001. Pan No. Aakfv 9174 A Appellant Respondent

credited in the books of account. Thus it is proved beyond doubt that the appellant is falsely claiming the unaccounted nd doubt that the appellant is falsely claiming the unaccounted nd doubt that the appellant is falsely claiming the unaccounted Vishwas Builders 6 cash in hand to be received from customers against Service Tax. cash in hand to be received

ACIT, CENTRAL CIRCLE, VAPI vs. M/S. SHAH VIRCHAND GOVANJI JEWELLERS PVT. LTD, SURAT

In the result, ground No. 2 of appeal raised by revenue is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance of commission payment as well as deleting the addition of unexplained cash credit, except variation of figures of commission

ACIT, CENTRAL CIRCLE, VAPI vs. M/S. SHAH VIRCHAND GOVANJI JEWELLERS PVT. LTD, SURAT

In the result, ground No. 2 of appeal raised by revenue is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

disallowance of commission payment as well as deleting the addition of unexplained cash credit, except variation of figures of commission

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

unexplained cash credit without appreciating the fact that such loans were arranged by the assessee from the entry provider, which was not only accepted by the main persons of the entry providing group before the Income Tax Department but also before the other agencies like Enforcement Directorate. (6) On the facts and circumstances of the case

DCIT, CIRCLE-2(1)(1), SURAT vs. M/S. R K SHAH PROJECTS PVT. LTD, SURAT

In the result, ground no.2 raised by the Revenue is allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.55/Srt/2020 (िनधा"रण वष" / Assessment Year: (2013-14) (Physical Court Hearing) Deputy Commissioner Of Income M/S R.K.Shah Projects Pvt. Ltd., 1St Floor, Aditya Complex, Nr. Tax., Circle-2(1)(1), Room No.216, Vs. Kapadia Health Club, Bhatar Road, 2Nd Floor, Aayakar Bhavan, Majura Surat-395007 Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr 8584 Q (Appellant ) (Respondent)

disallowed. ITA No.55/SRT/2020 A.Y. 13-14 M/s R.K. Shah Project Pvt. Ltd 9. Learned DR for the Revenue further took us through the provisions of section 68 of the Income Tax Act 1961, which reads as under: “Cash credits. 68. Where any sum is found credited in the books of an assessee maintained for any previous year, and the 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.

unexplained cash credit under section 68 of the Act.” 5. Now, we shall take, one by one, these concise and summarize grounds of appeals. 6. Common ground no.1 is reproduced below for ready reference and adjudication: “1. Common ground No.1: In these grounds, assessing officer made addition by estimating the profit at the rate of 20% on alleged unaccounted

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.

unexplained cash credit under section 68 of the Act.” 5. Now, we shall take, one by one, these concise and summarize grounds of appeals. 6. Common ground no.1 is reproduced below for ready reference and adjudication: “1. Common ground No.1: In these grounds, assessing officer made addition by estimating the profit at the rate of 20% on alleged unaccounted

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.

unexplained cash credit under section 68 of the Act.” 5. Now, we shall take, one by one, these concise and summarize grounds of appeals. 6. Common ground no.1 is reproduced below for ready reference and adjudication: “1. Common ground No.1: In these grounds, assessing officer made addition by estimating the profit at the rate of 20% on alleged unaccounted

CHANDULAL AMRUTLAL SHAH,SURAT vs. THE ITO, WARD-3(3)(1),, SURAT

In the result, appeals of the all the assessees are allowed

Bench: Shri Bhavnesh Saini & Shri O.P.Meenaआ.अ.सं./I.T(Ss)A.No’S.83 To 86/Ahd/2017 "नधा"रण वष"/Assessment Years : 2007-08 To 2010-11 Shri Amitbhai Manubhai Kachadiya, Vs. The Deputy Commissioner 128, Mamta Park Society-1, Varachha Of Income Tax, Road, Surat. Central Circle-2, Surat. [Pan: Amqpk 4491 D] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T(Ss)A.No’S.57 To 60/Ahd/2017 "नधा"रण वष"/Assessment Years : 2007-08 To 2010-11 Shri Ankit Manubhai Kachadiya, Vs. The Deputy Commissioner 128, Mamta Park Society-1, Varachha Of Income Tax, Road, Surat. Central Circle-2, Surat. [Pan: Ayupk 8096 N] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T(Ss)A.No’S.63 To 66/Ahd/2017 "नधा"रण वष"/Assessment Years : 2007-08 To 2010-11 Shri Bharatbhai Manubhai Baldha, Vs. The Deputy Commissioner 13-18, Shiv Row House, Aai Mata Chow, Of Income Tax, Nr. Parvat Jakat Naka, Surat. Central Circle-2, Surat. [Pan: Ahwpb 3830 G] अपीलाथ" Appellant ""यथ"/Respondent

unexplained cash credit u/s.68 of the Income Tax Act. It would show no incriminating material was found during the course of search, as regards the addition made u/s.68 of the Income Tax Act. The issue is therefore covered by above judgements relied upon by Learned Counsel for the assessee. It is a legal issue and goes to the root

INCOME TAX OFFICER, WARD 2(2)(2), SURAT vs. SHRI MUHAMMAD IQBAL ABDULSATTAR MEMON, SURAT

In the result, appeals of the all the assessees are allowed

Bench: Shri Bhavnesh Saini & Shri O.P.Meenaआ.अ.सं./I.T(Ss)A.No’S.83 To 86/Ahd/2017 "नधा"रण वष"/Assessment Years : 2007-08 To 2010-11 Shri Amitbhai Manubhai Kachadiya, Vs. The Deputy Commissioner 128, Mamta Park Society-1, Varachha Of Income Tax, Road, Surat. Central Circle-2, Surat. [Pan: Amqpk 4491 D] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T(Ss)A.No’S.57 To 60/Ahd/2017 "नधा"रण वष"/Assessment Years : 2007-08 To 2010-11 Shri Ankit Manubhai Kachadiya, Vs. The Deputy Commissioner 128, Mamta Park Society-1, Varachha Of Income Tax, Road, Surat. Central Circle-2, Surat. [Pan: Ayupk 8096 N] अपीलाथ" Appellant ""यथ"/Respondent आ.अ.सं./I.T(Ss)A.No’S.63 To 66/Ahd/2017 "नधा"रण वष"/Assessment Years : 2007-08 To 2010-11 Shri Bharatbhai Manubhai Baldha, Vs. The Deputy Commissioner 13-18, Shiv Row House, Aai Mata Chow, Of Income Tax, Nr. Parvat Jakat Naka, Surat. Central Circle-2, Surat. [Pan: Ahwpb 3830 G] अपीलाथ" Appellant ""यथ"/Respondent

unexplained cash credit u/s.68 of the Income Tax Act. It would show no incriminating material was found during the course of search, as regards the addition made u/s.68 of the Income Tax Act. The issue is therefore covered by above judgements relied upon by Learned Counsel for the assessee. It is a legal issue and goes to the root

DIYA FABRICS,SURAT vs. INCOME TAX OFFICER, WARD 1(2)(1), SURAT

In the result, while appeal of the assessee is allowed, appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.355/Srt/2022 "नधा"रण वष"/Assessment Year: (2014-15) (Physical Hearing) Diya Fabrics, Vs. The Ito, 1418, Kohinoor Market, Ring Road, Ward-1(2)(1), Surat. Surat – 395002. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajfd3658A

cash credit' in nature and that is why he felt anxious to have the identities of the creditors established. In this respect, first of all, credits 'in the sundry creditors (Udhar Khareed) Khata' are referable to the purchases of sarees made on credit basis. As the purchases have been held to be genuine and accepted as such, the credits that

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

unexplained cash credit and added under section 68, in this year and in all subsequent three assessment years, the assessing officer disallowed

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

unexplained cash credit and added under section 68, in this year and in all subsequent three assessment years, the assessing officer disallowed

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

unexplained cash credit and added under section 68, in this year and in all subsequent three assessment years, the assessing officer disallowed

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

unexplained cash credit and added under section 68, in this year and in all subsequent three assessment years, the assessing officer disallowed