AKSHAR GEMS,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIR.3(2), 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.24/Srt/2022 "नधा"रण वष"/Assessment Year: (2016-17) (Virtual Court Hearing) Akshar Gems, Assistant Commissioner Of 3Rd Floor, Shreeji Diamond Apartment, Vs. Income-Tax, Circle-3(2), Nandu Doshi Ni Wadi, Vastadevdi Road, Aaykar Bhavan Nr.Majura Katargam, Surat – 395004 Gate, Opp. New Civil Hospital, Surat-395001 (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aarfa3697A Assessee By Shri Mehul Shah, Ca Respondent By Shri Vinod Kumar, Sr. Dr Date Of Hearing 27/12/2022 Date Of Pronouncement 30/01/2023

penalty to the tune of Rs.9,00,000/- u/s. 271 – I of the Income Tax Act, 1961. 2. On the facts and in circumstances of the case, as well as law on the subject, The Learned CIT(A) NFAC Delhi erred in confirming the addition made by learned A.O.” 3. Succinct facts are that during the assessment proceedings, the assessing

HETAL RAMANLAL SHAH,SURAT vs. ITO, WARD-1(2)(2), SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

32 taxmann.com 192 (Gujarat)/[2013] 214 Taxman 93 (Gujarat) (Mag.)/[2014] 360 ITR 385 (Gujarat)[15-01-2013], the Gujarat High Court held that penalty under Section 271(1)(c) could not be imposed merely because books of account maintained by assessee were rejected and its profit was estimated on basis of fair gross profit ratio. Hetal Ramanlal Shah

SANJAYBHAI DAMJIBHAI GOLAKIYA,SURAT vs. ITO, WARD-3(3)(1), SURAT

In the result, appeal of the appellant is allowed

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.951/Srt/2024 Assessment Year: (2013-14) (Hybrid Hearing) Sanjaybhai Damjibhai Golakiya, Vs. The Assessment Unit, D-74, Vithalnagar Society, Hirabaug, Income-Tax Department, Varachha Road, Surat - 395006 Jurisdictional Ao: The Ito, Ward – 3(3)(1), Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Alopg2048R (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Mukesh Jain, Sr. Dr Date Of Hearing 18/03/2025 Date Of Pronouncement 06/05/2025

Section 253(3) of the Act. The assessee has filed an affidavit giving reasons for delay in filing of appeal before the Tribunal. In the affidavit, it has been stated that the appellant filed appeal u/s 253(1) of the Act on 09.09.2024, vide ITA No.951/SRT/2024, against the order dated 15.02.2024, which was uploaded on the Income-tax e-filing

SADBHAVNA DEVLOPERS,SURAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri O.P.Meenaआ.अ.सं./I.T.A.No.479/Srt/2018 "नधा"रण वष"/Assessment Year : 2013-14 Sadbhavana Developers, Vs. The Income Tax Officer, Shop No.47, 2Nd Floor, Sweet Home Central Circle-2, Surat. & Sweet House, Rajwadi Parti Plot, Amroli, Surat – 395 009. [Pan: Acafs 8340 R] अपीलाथ" Appellant ""यथ"/Respondent "नधा"रती क" ओर से /Assessee By Shri Rasesh Shah – Ca राज"व क" ओर से /Revenue By Shri P.S.Choudhary –Sr.Dr

u/s 271(1)(c) of the Income Tax Act, 1961. 3. It is therefore prayed that the above penalty levied by Assessing Officer and confirmed by CIT (Appeals) may please be deleted.” Briefly stated facts of the case are that the assessee had filed 3. return of income showing total income at Rs.16,12,110/- on 29.09.2013. The assessment

V. M. MANIYAR EXPORTS,SURAT vs. DCIT, CIRCLE 2(2), SURAT

In the result, assessee’s appeal is allowed

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1368/Srt/2024 Assessment Year : 2015-16 (Hybrid Hearing) V.M.Maniyar Exports Assistant Commissioner Of बनाम/ Plot No.103-104, Surat Income-Tax, Circle-2(2), Surat Vs. Special Economic Zone, Gidc, Sachin,Surat-394230 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaifv 6884 F (अपीलाथ"/Appellant) (""थ" /Respondent)

Section 32(1) of the Act, depreciation shall be granted, whether or not the assessee claims the same. The AO accordingly reduced profit by Rs.8,43,752/- and deduction was restricted to Rs.21,43,313/- instead of Rs.29,58,065/-. He also initiated penalty proceedings u/s 271

SHREE HARI PROCESSORS INDIA PVT. LTD.,SURAT vs. INCOME TAX OFFICER - 2(1)(2) (NEW ITO WD. 2(1)(3), SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Shree Hari Processors India Income Tax Officer, Pvt. Ltd., Block No.99/P, Post Ward-2(1)(2), [New Ito Wd Vs Tatithaiya, 2(1)(3)] Aayakar Bhawan, Tal-Palsana, Majura Gate, Surat-394 372 Surat-395001 E-Mail:Jain_Tex@Yahoo.Com Pan : Aadca 1313 N Appellant /Assessee Respondent / Revenue

u/s 271(1)(c) of the Act 2 The penalty of Rs.7,55,913/- may be kindly deleted Any other relief that your Nil honours may deem fit maybe granted 3 The assessee craves leave to add, amend, modify alter or delete any of the grounds at the time of hearing 2. Brief facts of the case are that assessee

BHARUCH ENVIRO INFRASTRUCTURE LTD.,,ANKLESHWAR vs. DY. COMMISSIONER OF INCOME TAX,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

u/s 115JB of the Act. The appellant hereby reserves the right to add to, alter or amplify the above grounds of appeal, at any time before or at the time of appeal, so as to enable the Hon'ble Tribunal to decide the appeal in accordance with law.” 2. Brief facts of the case are that the assessee company filed

ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE-2,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

u/s 115JB of the Act. The appellant hereby reserves the right to add to, alter or amplify the above grounds of appeal, at any time before or at the time of appeal, so as to enable the Hon'ble Tribunal to decide the appeal in accordance with law.” 2. Brief facts of the case are that the assessee company filed

ENVIRO TECHNOLOGY LIMITED,,ANKLESHWAR vs. THE ACIT.,BHARUCH CIRCLE,, BHARUCH

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Bharuch Enviro Deputy Commissioner Of Infrastructure Ltd.117-118, Income Tax, Bharuch Vs Gidc Estate-393002 Circle, Pan : Aaacb 8075 F Assessee / Appellant Revenue /Respondent

u/s 115JB of the Act. The appellant hereby reserves the right to add to, alter or amplify the above grounds of appeal, at any time before or at the time of appeal, so as to enable the Hon'ble Tribunal to decide the appeal in accordance with law.” 2. Brief facts of the case are that the assessee company filed

BHUPENDRA MAGANLAL NAIK (HUF),NA vs. ARIVS.INCOME TAX OFFICER WARD NO. 1, NAVSARI

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A.L. Saini, Am (Physical Hearing) Bhupendra Maganlal Naik (Huf), The Ito, Ward No.1, 29/B, Manglam Bunglow, Navsari. Vs Alka Society, Chhapra Road, Navsari, Gujarat – 396445. Pan : Aaghd1504E Appellant Respondednt

penalty of Rs.1,40,707/- u/s 271(1)(c) without considering the judgement of Honourable Gujarat – Tribunals/High Court in our submissions and also other points. 3. The appellant craves leave to amend, alter or delete any of the above grounds of appeals.” 2 Bhupendra Magnalal Naik (HUF) 3. Brief facts of the cases are that the assessee while filing return

DCIT, CIRCLE-1(1)(2), SURAT vs. J K PAPER LIMITED, SURAT

In the result, this appeal of the Revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) D.C.I.T. M/S J.K. Paper Ltd. Circle-1(1)(2), P.O. Central Pulp Mill, Vs. Surat. Fort Songadh, Surat. Pan : Aaact 6305 N Appellant Respondednt

271(1)(c) of the Act, the assessee filed appeal before the ld. CIT(A). Before the ld. CIT(A), the assessee filed detailed written submissions on each of the additions/disallowances, on which the penalty was levied by the Assessing officer. On the disallowance of deduction under Section 80IA of the Act, it was contended by the assessee that

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)

271/-. The Ld.PCIT-2, Surat vide his order dated 19.03.2018, has set aside the case u/s 263 to the file of Assessing Office for making fresh enquiry. Therefore, a notice u/s 142(1) was issued on 19.07.2018, with a specific questionnaire and asked the assessee to submit its reply on 27.07.2018. In response to the notices issued, assessee furnished documents

SAHAJANAND MEDICAL TECHNOLOGIES LIMITED ,SURAT vs. SURAT, SURAT

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

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No. 998/Srt/2024 (Ay 2006-07) (Physical Court Hearing) Sahajanand Medical Technologies Deputy Commissioner Of Income- Ltd. Nr. Dabholi Char Rasta, Tax, Circle-2(1)(2), Surat, Room बनाम Ved Road, No.602, 6Th Floor, Vs Surat-395 004 Aaykar Bhavan, Majura Gate, [Pan : Aafcs 7694 L] Surat-395001 अपीलाथ"/Appellant ""थ" /Respondent

penalty u/s 271(1)(c) of the I.T. Act. 2. The appellant reserves the right to add, alter, amend or withdraw any grounds of appeal.” 2. Rival submission of both the parties heard and record perused. The Ld. Authorized Representative (Ld.AR) of the assessee submits that assessment Sahajanand Medical Technologies Ltd. for AY 2006-07 was completed under section

KANTIBHAI TULSIBHAI BHADANI,SURAT vs. ITO, WARD 3(2)(4), SURAT, SURAT

In the result, the appeal of the Assessee is allowed

Bench: Or In The Course Of Hearing Of The Appeal.

32, Madhavkunj Society, Vs Surat Nr. Govindji Hall, Dabholi Road, Surat Surat-395004, Gujarat PAN: AMHPB5472A (Respondent) (Appellant) Assessee Represented: Shri Rasesh Shah, CA Revenue Represented: Shri Ajay Uke, Sr. D.R. Date of hearing : 22-01-2026 Date of pronouncement : 06-04-2026 आदेश/ORDER PER : SUCHITRA KAMBLE, JUDICIAL MEMBER:- This appeal is filed by the Assessee is against

RAHUL COAL INDIA PRIVATE LIMITED ,SURAT vs. ITO TDS-2, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1220/Srt/2024 Assessment Year: (2013-14) (Physical Hearing) Rahul Coal India Pvt. Ltd. Vs. The Addl. Cit (Tds), 429-432 Golden Point, Ring Road, Surat, Nr. Bsnl Office, Surat-395 002 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabcr1044D (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Rasesh Shah, Ca Respondent By Shri Mukesh Jain, Sr. Dr Date Of Hearing 18/02/2025 Date Of Pronouncement 29/04/2025

32,014/- but still had paid TCS of Rs.78,320/-. Thus, there is no failure on the part of appellant to collect TCS. Thereafter, AO had issued show cause notice to assessee for the default. In reply, assessee ITA No.1220/SRT/2024/AY.2013-14 Rahul Coal India Pvt. Ltd. stated that TCS payment of Rs.87,750/- was made on 25.12.2012 in FY.2012-13 itself. Hence

PRAGATI GLASS & INDUSTRIES PVT. LTD. FORMER NAME PRAGATI GLASS PVT. LTD.,BHARUCH vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIR.1, , BARODA

In the result, the appeal is partly allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.36/Srt/2022 "नधा"रणवष"/Assessment Year: (2014-15) (Virtual Court Hearing) Pragati Glass & Industries Pvt. Ltd., Vs. The Acit, Circle-1, Kharach, Kosamba (R.S), Bharuch. District. Bharuch, Bharuch -392001. (Assessee) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcp7377H

Penalty proceedings u/s. 271(1)(c) of the Act is also initiated for furnishing inaccurate particulars of income.” 4. Aggrieved by the order of the Assessing Officer, the assessee carried the matter in appeal before the ld. CIT(A), who has partly allowed the appeal of the assessee. Aggrieved by the order of Ld. CIT(A), the assessee

SHARDABEN DHANJIBHAI SAVANI,SURAT vs. ITO, WARD 2(3)(4), SURAT

In the result, the ground of appeal raised in this appeal is allowed for statistical purposes

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos. 385 To 387/Srt/2025 (Ay 2021-22) (Physical Hearing) Shardaben Dhanjibihai Savani Assessment Unit Income-Tax 74-75, 3Rd Floor Om Industries-8, Department Jurisdictional Ao/ Umbhel Road, Parabgam, Kamrej, Income Tax Officer, बनाम/ Surat-394 101 Ward-2(3)(4) Surat, Aaykar Vs [Pan : Kiyps 3244 C] Bhawan, Majura Gate, Surat- 395 001 अपीलाथ"/Appellant ""थ" /Respondent

section 144 r.w.s 144B of Income-tax Act, 1961 (‘the Act’) on 17.12.2022. ITA Nos.385-387/SRT/2025 (A.Y.21-22) Sharadaben D Savani 2. All the three appeals are interconnected, and relate to one assessee, for same AY i.e., 2021-22, therefore with the consent of parties, these appeals have been clubbed and heard together and a consolidated order is being passed, to avoid

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-2, SURAT, SURAT vs. MS. JANANI EXPORTS, MUMBAI

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.604/Srt/2024 (Assessment Year:2019-20) (Hybrid Hearing) Acit, Vs. M/S Janani Exports, Central Circle – 2, 704, Vastu Slip Apt., 7Th Floor, Nr. Surat Parsi Colony, Pump House, Andheri (E), Mumbai - 400093 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj3969P (Appellant) (Respondent) It(Ss)A Nos.9, 10 & 19/Srt/2024 (Ays:2013-14, 2014-15 & 2018-19) Acit, Vs. M/S Janani Exports, Central Circle – 2, 704, Vastu Slip Apt., 7Th Floor, Nr. Surat Parsi Colony, Pump House, Andheri (E), Mumbai - 400093 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj3969P (Appellant) (Respondent) It(Ss)A Nos.20 To 22/Srt/2024 (Ays: 2013-14 To 2015-16) M/S Janani Exports, Vs. Acit, 704, Vastu Slip Apt., 7Th Floor, Nr. Central Circle – 2, Parsi Colony, Pump House, Andheri Surat (E), Mumbai - 400093 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj3969P (Appellant) (Respondent) It(Ss)A Nos.35 To 38/Srt/2024 (Ays: 2016-17 To 2019-20) M/S Janani Exports, Vs. Acit, 704, Vastu Slip Apt., 7Th Floor, Nr. Central Circle – 2, Parsi Colony, Pump House, Andheri Surat (E), Mumbai - 400093 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefj3969P (Appellant) (Respondent)

Sections 139 to 158 of the Act. The special procedure for assessment of search case under Chapter XIV-B u/s 158B to BI for search and seizure action u/s 132 of the Act and requisition u/s 132A continued till 31st May, 2003. Subsequently, assessment in case of search or requisition is carried out u/s 153A, 153B, 153C and 153D