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)

70,00,000/- was made on protective basis in the hand of assessee against flat No. A-501 and on substantive IT(SS)A No. 07& 32/Srt/2021 DCIT Vs Sh. Ashesh Nanalal Doshi AY 2015-16 & 2016-17 basis in the hand of Param properties, in the assessment order completed under Section 143(3) r.w.s. 153C

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

property, it was submitted that assessee has not received more than Rs.1,62,04,000/-. The actual amount receipt was disclosed and tax on capital gain was paid on it. It was also submitted that the difference between the value of Stamp Duty Authority (SVA) and actual sale consideration is less than 10%. Hence, no addition can be made

M/S. PATEL AMBALAL HARGOVANDAS & CO.,,SURAT vs. THE DCIT, CENTRAL CIRCLE-2,, SURAT

In the results, appeal filed by Revenue (in IT(SS)A Nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं/.It(Ss)A No.49/Srt/2022 Assessment Year: (2019-20) (Physical Hearing) The Acit, Central Circle-2, Vs. Rasikbhai Narottamdas Patel, Surat. Flat No.9-10, Mahavir Nagar Co.Op H.S. Ltd., Bldg-12, Nr. Gayatri Mandir, Udhna Magdalla Road, Surat – 395007. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Adgpp4550M (Appellant) (Respondent) आयकर अपील सं/.It(Ss)A No.86/Srt/2022 Assessment Year: (2015-16) The Dcit, Central Circle-2, Vs. Ashish Karamshibhai Koshiya, Surat. 40, Jivandeep Soceity, Singanpor Road, Katargam, Surat, Gujarat – 395004. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aojpk1118G (Appellant) (Respondent) आयकर अपील सं/.Ita No.185/Srt/2022 Assessment Year: (2020-21) M/S. Patel Ambalal Hargovandas Vs. The Dcit, Central Circle-2 & Co., Surat. 5/725, Haripura, Bhavaniwad, Opp. Dhobi Sheri, Surat – 395003. "थायीलेखासं/.जीआइआरसं/.Pan/Gir No.: Aadfp2517N (Appellant) (Respondent) Appellant By Shri Ashok B. Koli, Cit(Dr) Shri Vartik Choksi, Shri Biren Shah & Shri Respondent By Nitin Gheewala, Ar Date Of Hearing 26/04/2023 Date Of Pronouncement 26/05/2023 आदेश /O R D E R Per Bench:

house property at Surat were found. However, there were no other evidences relating to expenditure or investment especially to the tune of Rs.2.82 Crores., were found. If the A.O's estimation that three zeros have to be added to the figures on the paper, there should have been some evidences in the form of bills, vouchers, investments etc. found

REKHA AJAYKUMAR AGRAWAL,SURAT vs. ASSISTANT COMMISSIONER O INCOME TAX, CIR.1(2), SURAT

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपील सं./Ita No.356/Srt/2022 (िनधा"रण वष" / Assessment Year: (2015-16) (Virtual Court Hearing) Rekha Ajaykumar Agrawal Assistant Commissioner Of 229-230, Ashoka Tower, Ring Income-Tax, Circle-1(2), Aayakar Vs. Road,Surat-395002 Bhavan, N. Majura Gate, Opp. New Civil Hospital, Surat- 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaspa 2993 A (Assessee ) (Respondent)

70,000/- is subjected to deduction u/s 24(a) of the Act. Therefore, the net annual let-out value of the property comes to Rs.1,89,000/- (270000 – 81000 being 30% of 270000). Therefore, the net annual let out value of the property is determined at Rs.1,89,000/- and was added to the total income of assessee under

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Housing Projects Limited [343 ITR 329](Dei HC)],  CIT vs. Sunbeam Auto Ltd. [189 Taxman 0436 (Del.)],  PCIT vs. Delhi Airport Metro Express Pvt. Ltd. [ITA No. 705/2017(Del),  CIT V/s. Vika Polymers [341 ITR 537] (Delhi HC),  CIT vs Ganpat Ram Bishnoi [296 ITR 0292] (Raj HC),  CIT vs. Jain Constructions

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Housing Projects Limited [343 ITR 329](Dei HC)],  CIT vs. Sunbeam Auto Ltd. [189 Taxman 0436 (Del.)],  PCIT vs. Delhi Airport Metro Express Pvt. Ltd. [ITA No. 705/2017(Del),  CIT V/s. Vika Polymers [341 ITR 537] (Delhi HC),  CIT vs Ganpat Ram Bishnoi [296 ITR 0292] (Raj HC),  CIT vs. Jain Constructions

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

Housing Projects Limited [343 ITR 329](Dei HC)],  CIT vs. Sunbeam Auto Ltd. [189 Taxman 0436 (Del.)],  PCIT vs. Delhi Airport Metro Express Pvt. Ltd. [ITA No. 705/2017(Del),  CIT V/s. Vika Polymers [341 ITR 537] (Delhi HC),  CIT vs Ganpat Ram Bishnoi [296 ITR 0292] (Raj HC),  CIT vs. Jain Constructions

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, SURAT vs. M/S. KEJRIWAL INDUSTRIES LTD.,, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain & Shri O.P.Meena

70,00,000 in the case of M/s. Shivam Enterprise (item No.38), and loan of Rs. 75,00,000 from M/s. Shree Ganesh Enterprise (item No.39) have been taken from CCA bank account. Hence, these loan are cannot be treated as non-genuine as some have been taken through bank by way of overdraft from CCA DCIT, Circle

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.

Housing Development Company (supra) as well as the other decisions, held thus: "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section

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.

Housing Development Company (supra) as well as the other decisions, held thus: "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section

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.

Housing Development Company (supra) as well as the other decisions, held thus: "37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned decisions, the legal position that emerges is as under: i. Once a search takes place under Section

KHAREL VIBHAG VIVIDH KARYAKARI SAHKARI MANDLI LTD.,NA vs. ARIVS.THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE NAVSARI, NAVSARI

In the result, appeals filed by the assessees (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.173/Srt/2017 & 199/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) M/S.Maroli Bazar Vibhag Vividh Vs. The Income Tax Officer, Ks.M.L. Ward-2, Navsari. At & Post – Maroli Bazar, Tal-Jalalpore, Dist-Navsari. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaam 1095 J (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.200/Srt/2018 & 201/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) Kharel Vibhag V.V.K.S.M. Ltd., Vs. The Deputy Commissioner Of Income At & Post – Kharel, Tax, Navsari. Navsari. & The Income Tax Officer, Ward-2, Navsari.

70,456/- and interest expenses of Rs.69,98,746/- during the current assessment year. In the assessment order, the ITA No.173/SRT/2017 & 199/SRT/2018; ITA No.200 & 201/SRT/2018 for A.Ys. 2013-14 & 14-15 Maroli Bazar Vibhag Vividh K.S.M.Ltd., & Kharel Vighag V.V.K.S.M.Ltd. AO has worked out deduction u/s 80P(2)(a)(i) at Rs.31,82,961/- after taking into account expenses

MAROLI BAZAAR VIBHAG VIVIDH KARYAKARI SAHKARI MANDLI LTD.,NA vs. ARIVS.THE INCOME TAX OFFICER, WARD-2, NAVSARI

In the result, appeals filed by the assessees (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.173/Srt/2017 & 199/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) M/S.Maroli Bazar Vibhag Vividh Vs. The Income Tax Officer, Ks.M.L. Ward-2, Navsari. At & Post – Maroli Bazar, Tal-Jalalpore, Dist-Navsari. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaam 1095 J (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.200/Srt/2018 & 201/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) Kharel Vibhag V.V.K.S.M. Ltd., Vs. The Deputy Commissioner Of Income At & Post – Kharel, Tax, Navsari. Navsari. & The Income Tax Officer, Ward-2, Navsari.

70,456/- and interest expenses of Rs.69,98,746/- during the current assessment year. In the assessment order, the ITA No.173/SRT/2017 & 199/SRT/2018; ITA No.200 & 201/SRT/2018 for A.Ys. 2013-14 & 14-15 Maroli Bazar Vibhag Vividh K.S.M.Ltd., & Kharel Vighag V.V.K.S.M.Ltd. AO has worked out deduction u/s 80P(2)(a)(i) at Rs.31,82,961/- after taking into account expenses

KHAREL VIBHAG V. V. K.S. M. LIMITED,NA vs. ARIVS.THE INCOME TAX OFFICER, WARD-2, NAVSARI

In the result, appeals filed by the assessees (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.173/Srt/2017 & 199/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) M/S.Maroli Bazar Vibhag Vividh Vs. The Income Tax Officer, Ks.M.L. Ward-2, Navsari. At & Post – Maroli Bazar, Tal-Jalalpore, Dist-Navsari. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaam 1095 J (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.200/Srt/2018 & 201/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) Kharel Vibhag V.V.K.S.M. Ltd., Vs. The Deputy Commissioner Of Income At & Post – Kharel, Tax, Navsari. Navsari. & The Income Tax Officer, Ward-2, Navsari.

70,456/- and interest expenses of Rs.69,98,746/- during the current assessment year. In the assessment order, the ITA No.173/SRT/2017 & 199/SRT/2018; ITA No.200 & 201/SRT/2018 for A.Ys. 2013-14 & 14-15 Maroli Bazar Vibhag Vividh K.S.M.Ltd., & Kharel Vighag V.V.K.S.M.Ltd. AO has worked out deduction u/s 80P(2)(a)(i) at Rs.31,82,961/- after taking into account expenses

M/S. MAROLI BAZAR VIBHAG VIVIDH KARYAKARI SAHKARI MANDLI LTD.,,NA vs. ARIVS.DEPUTY COMMISSIONER OF INCOME TAX, NAVSARI CIRCLE , NAVSARI

In the result, appeals filed by the assessees (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.173/Srt/2017 & 199/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) M/S.Maroli Bazar Vibhag Vividh Vs. The Income Tax Officer, Ks.M.L. Ward-2, Navsari. At & Post – Maroli Bazar, Tal-Jalalpore, Dist-Navsari. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaam 1095 J (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.200/Srt/2018 & 201/Srt/2018 ("नधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtual Court Hearing) Kharel Vibhag V.V.K.S.M. Ltd., Vs. The Deputy Commissioner Of Income At & Post – Kharel, Tax, Navsari. Navsari. & The Income Tax Officer, Ward-2, Navsari.

70,456/- and interest expenses of Rs.69,98,746/- during the current assessment year. In the assessment order, the ITA No.173/SRT/2017 & 199/SRT/2018; ITA No.200 & 201/SRT/2018 for A.Ys. 2013-14 & 14-15 Maroli Bazar Vibhag Vividh K.S.M.Ltd., & Kharel Vighag V.V.K.S.M.Ltd. AO has worked out deduction u/s 80P(2)(a)(i) at Rs.31,82,961/- after taking into account expenses

THE DY. CIT, CIRCLE-1(1)(1),, SURAT vs. ELLSONS DEVELOPERS PVT. LTD.,, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1485/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2012-13) (Virtual Court Hearing) The Dcit, Circle-1(1)(1), Vs. Ellsons Developers Pvt. Ltd., 2/2222, 2Nd Floor, Avichal Krupa, Nagar Surat. Sheri, Mahidharpura, Surat-395002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aacce5530E (Assessee) (Respondent) Assessee By : Shri Rasesh Shah, Ca Revenue By : Shri O.P. Vaishnav, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 11/05/2021 घोषणाक"तार"ख/Date Of Pronouncement : 27/05/2021 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Revenue, Pertaining To The Assessment Year (Ay) 2012-13, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-3, Surat [In Short “The Ld. Cit(A)”] In Appeal No. Cas- 3/Trfd-1/404/2015-16, Dated 31.03.2017, Which In Turn Arises Out Of An Order Passed By Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”], Dated 31.03.2015. The Grievances Raised By The Revenue Are As Follows: “1.Whether, On The Facts & Circumstances Of The Facts & In Law, Ld. Cit(A) Was Justified In Deleting The Addition Made On Account Of Unexplained Share Application & Share Premium Amounting To Rs. 4,50,00,000/- Without Appreciating The Facts That During The Course Of Assessment Proceedings, The Assessee Company Could Not Satisfy The Creditworthiness, Identity Of The Alleged Investors & Genuineness Of Transaction Remained Unexplained? 2. On The Facts & Circumstances Of The Case, Ld. Cit(A) Ought To Have Upheld The Order Of The Assessing Officer. 3. It Is, Therefore, Prayed That The Order Of Ld. Cit(A) May Be Set Aside & That Of Assessing Office May Be Restored To The Above Extent.” Assessment Years.2012-13

Properties. It filed its return of income in respect of A.Y. 2012-13, declaring income of Rs.31,53,480/-, on 09/09/2012. The same was processed by accepting the returned income. Subsequently, assessee`s case was selected for scrutiny and assessing officer framed the assessment under section 143(3) of that Act, on 31.03.2015. During the course of scrutiny proceedings

SHRI HITESH HIMMATLAL SAVANI,SURAT vs. INCOME TAX OFFICER WARD 3(2)(3), SURAT

In the result, the ground No

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Shri Hitesh Himmatlal Savani, I.T.O. 20-21, Keshav Park Society, Ved Ward-3(2)(3), Vs. Road, Surat-395008. Aayakar Bhavan, Majura Pan No. Bijps 5821 H Gate, Surat. Appellant/ Assessee Respondent/ Revenue

house property. The case was processed under Section 143(1) of the Income Tax Act, 1961 (in short the Act). Subsequently, the case of assessee was reopened under Section 147 of the Act. Notice under Section 148 was issued to the assessee on 31/3/2014. The case of assessee was reopened by the Assessing officer by recording reasons that a survey

ACIT, CIRCLE-2(1)(1), INCOME TAX DEPARTMENT vs. S D MATERIAL HANDLERS PRIVATE LIMITED, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.499/Srt/2023 (िनधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Assistant Commissioner Of M/S S D Material Handlers Pvt. Ltd. Income-Tax, Circle-2(1)(1), Surat Vs. 405-408, Shivalik Western, L.P. Room No.612, 6Th Floor, Aayakar Savani Road, Adajan Adajan Bhavan, Near Majura Gate, Bo, Surat-395009 Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccd 3481B (अपीलाथ" /Assessee) (""थ"/Respondent)

3) CIT v. Shivsagar Estate [2002] 124 Taxman 606/257 ITR 59 (SC) 31. The above judgements of the Supreme Court show the anxiety to prevent the income- tax authorities from taking different stand in the case of different assessee in respect of the same issue or taking different stands in the case of the same assessee for different assessment years