ENGINEERING PROFESSIONAL CO. PVT LTD,SURAT vs. PCIT-1, SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.541/Srt/2024 Assessment Year: (2018-19) (Physical Hearing) Engineering Professional Co. Pvt. Ltd., Vs. The Pcit -1, 444, Royal Arcade, Opp. Sarthana Zoo, Surat Varachha Road, Near Sarthana Jakatnaka, Surat – 395006, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabce0313Q (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Ravi Kant Gupta, Cit(Dr) Date Of Hearing 13/02/2025 Date Of Pronouncement 19/02/2025

house property”. The Assessing Officer (in short, ‘AO’) issued notice u/s 143(2) on 22.09.2019 and notices u/s 142(1) of the Act along with questionnaire on various dates. In response, the assessee filed various replies and details. The reply and explanation of assessee were accepted by the AO and no addition on any of the impugned issues was made

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

142(1) of the Income Tax 1961 dated you were asked to furnish the copy of the registered document as already considerable time has been passed since the statkhat. The reply furnished by you dated is reproduced below- 349/SRT/2022/AY.2016-17 Kristina N. Krichchan 1. Copy of sale agreement with possession is already submitted “Annexure -6” of my earlier submission. Regarding Registered

NAVINCHANDRA K. PATEL,SURAT vs. PRINCIPLE COMMISSIONER OF INCOME TAX -1 , SURAT, 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.57/Srt/2021 Assessment Year: (2015-16) (Physical Court Hearing) Navinchandra K. Patel, Vs. The Pcit-1, Surat. 5, Kaaliytawadi Faliya, At Post Saniya Hemad, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Birpp6292D (Appellant) (Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Ritesh Mishra, Cit(Dr) Date Of Hearing 02/02/2023 10/02/2023 Date Of Pronouncement आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Appeal Filed By Assessee, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax, Surat (In Short “Ld. Pcit”], Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Dated 31.03.2021. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Commissioner Of Income-Tax Has Erred In Passing Revisionary Order U/S 263 Of The I.T. Act Setting Aside The Order Of Ld. Assessing Officer Passed U/S 143(3) Of The Act Dated 24.11.2017 For The Year Under Consideration Although Said Order Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Commissioner Of Income-Tax Has Erred In Observing That Order Passed By Assessing Officer U/S 143(3) Of The Act Is Erroneous On The Ground That Indexed Cost Of Acquisition Of Property Is Under Assessed By Rs.2,12,58,035/-. 3. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Commissioner Of Income-Tax Has Erred In Observing That Order

house property at Palsana district at “Avadh Shangrila” for a consideration of Rs.44,48,230/- on 16.10.2015 and paid Rs.10,00,000/- on 18.09.2014 and the balance amount of Rs.32,00,000/- was paid (Rs.16,00,000/- on 28.09.2014 and Rs.16,00,000/- on 30.09.2015) i.e. after the due date (i.e. 07.09.2015 for AY.2015-16) of furnishing of return of income

DCIT, CENTRAL CIRCLE - 3, SURAT, SURAT vs. SHIRI ASHESH NANALAL DOSHI, SURAT

In the result, the appeal of the revenue for AY 2016-17 is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A No. 07/Srt /2021 (Assessment Year: 2015-16)

142(1) of the Act, proceeded for assessment. The Assessing Officer extracted the relevant clause on MOU and the statement of Shri Aagam V. Vadecha in the assessment order. As per MOU, the assessee was having 24% share in the land and Param Properties was having 4% share. The partner of Param Properties has stated that they made part payment

SMT. NAYANABEN F. PATEL,SURAT vs. PR. COMMISSIONER OF INCOME TAX, SURAT-1, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Smt. Nayanaben F. Patel, Pr.C.I.T. 1, Indraprashtha Society, Surat-1, Vs. Nr. Puna Patiya, Magob, Surat. Surat-395010. Pan: Bhrpp 4706 K Appellant Respondednt

property. The copy of notice under Section 143(2) dated 12/09/2018 is filed on record. The Assessing Officer during the assessment, issued notice under Section 142(1) dated 20/11/2018. In the said notice in question No. 4, the Assessing Officer raised the issue of long term capital gain and required copy of sale deed and copy of purchase deed

SUNIL KUMAR BAHETI,SURAT vs. PCIT (CENTRAL), SURAT

In the result, the appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

house property income, the Ld. AR submitted that the properties were either used for business Sunil Kumar Baheti Vs. PCIT Asst. Year : 2021-22 - 3– purposes, self-occupation, or the possession had not been received during the relevant year. These facts were verifiable from records already available with the Assessing Officer. The Ld. AR relied on the decision

MR. RAMANLAL RAGHABHI PATEL ,DAMAN vs. THE PCIT, VALSAD, VALSAD

In the result, appeal filed by the assessee is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.105/Srt/2022 "नधा"रण वष"/Assessment Year: (2017-18) (Physical Hearing) Ramanlal Raghabhai Patel, Vs. The Pcit, Valsad. Near Check Post, Dabhel, Daman – 396210, Daman & Diu (Ut). (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Accpp2952J

house property, business & profession and other sources. 4. Subject to the above remarks, the total income of the assessee as per returned income filed is accepted. Total income as per return Rs.88,24,930/- Assessed Income Rs.88,24,930/- 5. Assessed u/s 143(3) of the I.T. Act, 1961. Given credit to pre-paid taxes after due verification. Charged interest

DINESHBHAI JIVANBHAI SANSPARA,SURAT vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.435/Srt/2018 ("नधा"रणवष" / Assessment Year: (2013-14) (Physical Court Hearing) Dineshbhai Jivanbhai Sanspara The Principal Commissioner Of Income 1117,F-Tower, Green Avenue, Tax-1, Room No.123, Aayakar Vs. Union Park Gali Ghod Dod Bhawan, Majura Gate, Surat-395001 Road, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adaps 6038 H अपीलाथ"/ Appellant ""थ" / Respondent

house started much before earning of capital gains by assessee. Here in the case of there is no dispute that the assessee has invested the amount towards plot of land, and incurred expense for development of land and construction of property. Intention of the assessee to invest money in a residential unit to avail exemption u/s 54 Delhi High Court

HARSHAD KANJIBHAI PANCHANI,SURAT vs. ACIT, WARD 3(2)(3), SURAT

In the result, the appeal of the assessee is partly allowed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

142(1) were issued. During the scrutiny, the Assessing Officer observed unexplained credits in bank accounts, investment in immovable property, and ownership of commercial properties without declaring rental income. The Assessing Officer completed the assessment under section 143(3), making additions as follows: i. Rs. 1,24,57,286/- on account of unexplained bank credits

ACIT, CIR-1(3), SURAT vs. PRAVIN PANNALAL SHAH, SURAT

In the result, appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.289/Srt/2022 (िनधा"रणवष" / Assessment Year: (2014-15) (Virtual Court Hearing) Assistant Commissioner Of Shri Pravin Pannalal Shah Lal Bunglow, Athwalines, Income-Tax, Circle-1(3, Vs. Surat-395007 Room No.301, 3Rd Floor, Anavil Business Centre, Hajira Road, Adajan, Surat-395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Adrps 1045 H (अपीलाथ" /Assessee) (""थ"/Respondent)

142(1) of the Act was issued on 27.06.2016. As per details filed before the Assessing Officer, the source of income of the assessee for the year is income from `salary’, income from ‘house property’, income from ‘business and profession’ and income from ‘other sources’ comprising interest income. During the assessment proceedings, the assessing officer observed that assessee has purchased

KIRIT BABUBHAI JHAVERI,SURAT vs. ACIT, CIRCLE-2(2), SURAT, SURAT

In the result, the appeal is allowed for statistical purposes, subject to the of cost of Rs

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.52/Srt/2024 Assessment Year: 2015-16 (Hybrid Hearing) Kirit Babubhai Jhaveri, Vs. Acit, 22, Zaveri Bungalow, Opp – Circle – 2(2), Meghna Park, City Light Road, Surat Surat – 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabpz4942P (Appellant) (Respondent)

142, Dumas, Tal: Choryasi, Surat during the year for total consideration of Rs.3,29,54,100/-. The assessee had sold the said property with another co-owner and received Rs.1,64,77,050/- from the total sale consideration and worked out capital gain on the same. Against the long-term capital gains (LTCG) calculated, the assessee claimed deduction u/s.54B

DINESHCHANDRA NARHARISHANKAR UPADHYAY,SURAT vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, 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.120/Srt/2022 ("नधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Dineshchandra Narharishankar Principal Commissioner Of Upadhyay, 5/1203, Main Income-Tax-1, Room No. 123, Vs. Road, Haripura, Surat-395003 Aaykar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacpu 1094 J (Appellant) (Respondent) िनधा"रती की ओर से /Assessee By : Shri Hiren M. Diwan, C.A राज"व क" ओर से /Respondent By: Shri Ravinder Sindhu, Cit-D.R

housing scheme and to cheat the revenue, is not the object of section 54F of the Act. The assessee has to prove with cogent evidence that the property held by him is a commercial property and is in the nature of commercial purpose and such nature has not been proved by the assessee during the assessment stage. The Ld. PCIT

SACHIN NOTIFIED AREA,SURAT vs. PR. COMMISSIONER OF INCOME TAX , SURAT - 1, 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.343/Srt/2022 "नधा"रण वष"/Assessment Year: (2017-18) (Physical Hearing) Sachin Notified Area, Vs. The Pcit, Surat-1 Plot No.5719, Unnati Building, Sachin Gidc, Sachin, Surat-394230. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaals0146H Shri P. M. Jagasheth, Ca Appellant By Shri Ravinder Sindhu, Cit(Dr) Respondent By Date Of Hearing 31/05/2023 Date Of Pronouncement 26/06/2023

142/- is assessable under the head ‘income from other sources’, and such interest income has been earned by the assessee, by way of making fixed deposit, from the surplus and unutilized contribution received from its members. Therefore, as per ld DR contribution received from members is exempted from tax under section 10(20) of the Act, and not the interest

SHANKAR ZETHABHAI PATEL,SURAT vs. PR. COMMISSIONER OF INCOME TAX CENTRAL, 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.124/Srt/2022 "नधा"रण वष"/Assessment Year: (2018-19) (Physical Hearing) Shankar Zethabhai Patel, Vs. The Pcit(Central), 505, Sraynik Park Appartment, Rander Surat. Road, Surat – 395009. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cfepp7235M Appellant By Shri Rasesh Shah, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) 15/06/2023 Date Of Hearing Date Of Pronouncement 28/08/2023

house of Shri Bipinbhai Naranbhai Patel at B-54, Vishal Nagar, Near Swaminarayan School, Italva, Navsari, several incriminating documents were seized/impounded and annexurised as A-1 to A-3. The seized documents in Annexure A-3, pages 01 to 04 are cheques issued by the assessee from his bank account, with SBI account number 34977252514. From the facts further gathered

SHRI HARESHKUMAR JAYANTILAL MAHADEVWALA HUF,SURAT vs. INCOME TAX OFFICER, WARD - 1(3)(1), SURAT

In the result, ground No.1 of the appeal is partly allowed

Bench: Shri Pawan Singh(Hybrid Hearing) Hareshkumar Jayantilal I.T.O., Mahadevwala Huf, Ward-1(3)(1), Vs. 145, Sarjan Society, Parlepoint, Surat. Athwalines, Surat, Gujarat-395001. Pan No. Aaahh 8541 R Appellant/ Assessee Respondent/ Revenue

Section 142(1) of the Act for seeking details to substantiate the cash deposits. The Assessing Officer noted that the assessee made cash deposit of Rs. 2.00 lacs in HDFC bank and Rs. 13,35,000/- in Bank of Baroda. The assessee in response to 6th show cause notice, filed its reply on 07/11/2019. In support of cash deposit

GANI MOHAMMAD POPAT,SURAT vs. ITO, WARD-3, VAPI

In the result, grounds No

Bench: Shri Pawan Singh(Virtual Hearing) Popat Yasin Abdulganibhai, I.T.O., Son & L/H Of Late Gani Mohammad Ward-3, Vs. Popat, Vapi. Bombay Market, Zanda Chowk, Near S.T. Bus Depot, Vapi. Pan No. Akvpp 0747 J Appellant/ Assessee Respondent/ Revenue

Section 142(1) to furnish the complete details and explanation with justification at source of cash deposit. Moreover, no such objection was raised either before the Assessing Officer nor before the ld. CIT(A). Therefore, I do not find any justification in raising the grounds of appeal straightway before the Tribunal. In the result, grounds

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

142(1) of the Act. During the course of assessment proceedings, the se of assessment proceedings, the Assessing Assessing Assessing Officer Officer Officer noticed noticed noticed cash cash cash deposits deposits deposits aggregating aggregating aggregating to to to ₹1,50,60,000/- in two bank accounts maintained by the assessee, in two bank accounts maintained by the assessee

VINOD JERAMBHAI PATEL,SURAT vs. PR. CIT-1, SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Vinod Jerambhai Patel, P.C.I.T.-1 D-1108, Spring Velly, Nr. Aayakar Bhavan, Majura Gate, Vs. Pushpavatika Hall, New City Surat-395002. Light Road, Surat. Pan: Abcpp 1420 E Appellant Respondednt

142(1) of the Act dated 24/08/2017 and 30/10/2017 completed the assessment on 19/12/2017 in accepting the returned income. Subsequently, the assessment was revised by the ld. Pr.CIT. Before revising the assessment order, the ld. Pr.CIT issued show cause notice under Section 263 dated 05/03/2020. In the show cause notice, the ld. Pr. CIT noted that on perusal of assessment