THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AASTHA DEVELOPERS,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

42,37,095/- levied by the Assessing Officer u/s.271(1)(c) of the Act? 2. Whether on the facts and circumstances of the case and in Law, finding of Ld.CIT(A) that the survey team/department has not built a case where the explanation of the assessee can be proved to be false or not bonafide, is not perverse

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. AASTHA ENTERPRISE,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

42,37,095/- levied by the Assessing Officer u/s.271(1)(c) of the Act? 2. Whether on the facts and circumstances of the case and in Law, finding of Ld.CIT(A) that the survey team/department has not built a case where the explanation of the assessee can be proved to be false or not bonafide, is not perverse

THE ITO, WARD-2(3)(1),, SURAT vs. M/S. AASTHA ECO HOMES,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

42,37,095/- levied by the Assessing Officer u/s.271(1)(c) of the Act? 2. Whether on the facts and circumstances of the case and in Law, finding of Ld.CIT(A) that the survey team/department has not built a case where the explanation of the assessee can be proved to be false or not bonafide, is not perverse

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. AASTHA CORPORATION,, SURAT

In the result, all the Four Appeals of various assessee’s as listed

Bench: Smt. Diva Singh & Shri O.P.Meenas. आ.अ.सं./I.T.A अपीलाथ" Appellant Vs ""यथ"/Respondent No . No. & िनधा"रण वष" /A Y:

42,37,095/- levied by the Assessing Officer u/s.271(1)(c) of the Act? 2. Whether on the facts and circumstances of the case and in Law, finding of Ld.CIT(A) that the survey team/department has not built a case where the explanation of the assessee can be proved to be false or not bonafide, is not perverse

KHODIYAR ORGANISERS, SURAT,SURAT vs. ACIT, CIRCLE-2(3), SURAT, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.36/Srt/2024 Assessment Year: (2015-16) (Hybrid Hearing) M/S Khodiyar Organisers, Vs. Acit, Central Plaza, Near Om Terrace, Circle – 2(3), New City Light Road, Surat – Surat 395007, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aakfk1498A (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 21/07/2025 Date Of Pronouncement 13/08/2025

section 250 of the Income-tax Act, 1961 (‘in short, the Act’) dated 27.12.2023 by the Commissioner of Income-tax (Appeal) - 11, Ahmedabad [in short ‘the CIT(A)’] for the assessment year (AY) 2015-16. 2. The grounds of appeal raised by the assessee are as under: “1. On the facts and in the circumstances of the case as well

VIMAL CHAND GOKHAROO,SURAT vs. ITO 3(3)(1), SURAT

In the result, appeal of the appellant is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.40 To 42/Srt/2024 Assessment Years:(2011-12 To 2013-14) (Hybrid Hearing) Vimal Chand Gokharoo, Vs. The Ito, 16Th Floor, D Wing, Trade World, Ward – 3(3)(1), Kamala Mills, Compound, Senapati Surat Bapat Marg, Lower Parel, Mumbai - 400013 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acupj0819L (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Jayshree Thakur, Sr. Dr Date Of Hearing 24/04/2025 Date Of Pronouncement 28/04/2025

42-1308/SRT/2024/AYs.2011-12 to 2013-14 Vimal Chand Gokharoo & Ors “1. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in levying penalty u/s 271(1)(c) of the Income Tax Act, 1961 on the basis of invalid penalty order in which the limb of levy of penalty under section

VIMAL CHAND GOKHAROO,SURAT vs. ITO 3(3)(1), SURAT

In the result, appeal of the appellant is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.40 To 42/Srt/2024 Assessment Years:(2011-12 To 2013-14) (Hybrid Hearing) Vimal Chand Gokharoo, Vs. The Ito, 16Th Floor, D Wing, Trade World, Ward – 3(3)(1), Kamala Mills, Compound, Senapati Surat Bapat Marg, Lower Parel, Mumbai - 400013 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acupj0819L (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Jayshree Thakur, Sr. Dr Date Of Hearing 24/04/2025 Date Of Pronouncement 28/04/2025

42-1308/SRT/2024/AYs.2011-12 to 2013-14 Vimal Chand Gokharoo & Ors “1. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in levying penalty u/s 271(1)(c) of the Income Tax Act, 1961 on the basis of invalid penalty order in which the limb of levy of penalty under section

VIMAL CHAND GOKHAROO,SURAT vs. ITO 3(3)(1), SURAT

In the result, appeal of the appellant is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.40 To 42/Srt/2024 Assessment Years:(2011-12 To 2013-14) (Hybrid Hearing) Vimal Chand Gokharoo, Vs. The Ito, 16Th Floor, D Wing, Trade World, Ward – 3(3)(1), Kamala Mills, Compound, Senapati Surat Bapat Marg, Lower Parel, Mumbai - 400013 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acupj0819L (Appellant) (Respondent) Appellant By Shri Himashu Gandhi, Ca Respondent By Ms Jayshree Thakur, Sr. Dr Date Of Hearing 24/04/2025 Date Of Pronouncement 28/04/2025

42-1308/SRT/2024/AYs.2011-12 to 2013-14 Vimal Chand Gokharoo & Ors “1. On the facts and circumstances of the case and law, the Ld. CIT(A) erred in levying penalty u/s 271(1)(c) of the Income Tax Act, 1961 on the basis of invalid penalty order in which the limb of levy of penalty under section

INCOME TAX OFFICER, WARD-3(3)(1), SURAT, SURAT vs. BORDA BROTHERS, SURAT

In the result, both the appeals filed by the Department are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

penalty under Section 271(1)(c) of the Act. Since common facts and issues for consideration are involved for both the years under consideration, both appeals filed by the assessee are taken up together. We shall first deal with ITA No. 1062/Srt/2024 (A.Y. 2007-08) 2. The Department raised the following grounds of appeal: ITA Nos.1062&1068/Srt/2024 ITO vs. Borda

INCOME TAX OFFICER, SURAT vs. BORDA BROTHERS, VARACHHA ROAD, SURAT

In the result, both the appeals filed by the Department are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

penalty under Section 271(1)(c) of the Act. Since common facts and issues for consideration are involved for both the years under consideration, both appeals filed by the assessee are taken up together. We shall first deal with ITA No. 1062/Srt/2024 (A.Y. 2007-08) 2. The Department raised the following grounds of appeal: ITA Nos.1062&1068/Srt/2024 ITO vs. Borda

BASANT SEKHANI,SURAT vs. INCOME TAX OFFICER WARD 2(2)(1), SURAT

In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

u/s 271(1)(c)] (Hybrid hearing) Basant Sekhani, I.T.O., 202, Matru Ashish, Kazis, Gopipura, Ward-2(2)(1), Vs. Surat, Gujarat-395001. Surat. PAN No. AVOPS 2826 F Appellant/ assessee Respondent/ revenue Assessee represented by Ms. Chaitali Shah, CA Department represented by Shri Vinod Kumar, Sr. DR Date of institution of appeals 25/08/2023 Date of hearing 01/11/2023 Date of pronouncement

BASANT SEKHANI,SURAT vs. INCOME TAX OFFICER WARD 2(2)(1), SURAT

In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

u/s 271(1)(c)] (Hybrid hearing) Basant Sekhani, I.T.O., 202, Matru Ashish, Kazis, Gopipura, Ward-2(2)(1), Vs. Surat, Gujarat-395001. Surat. PAN No. AVOPS 2826 F Appellant/ assessee Respondent/ revenue Assessee represented by Ms. Chaitali Shah, CA Department represented by Shri Vinod Kumar, Sr. DR Date of institution of appeals 25/08/2023 Date of hearing 01/11/2023 Date of pronouncement

TRUPTI PIYUSH SHAH,,SURAT vs. DY. CIT, CIRCLE-3(3), SURAT

In the result, both the appeals of the assessee are allowed

u/s 271(1)(c) read with section 274 whether the penalty was leviable for concealment of income or for furnishing inaccurate particulars of income. It was further submitted that even while passing the penalty order, the AO has erred in levying penalty on both the limbs i.e. for concealment of particulars of income and for furnishing inaccurate particulars of income

TRUPTI PIYUSH SHAH,,SURAT vs. DY. CIT, CIRCLE-3(3), SURAT

In the result, both the appeals of the assessee are allowed

u/s 271(1)(c) read with section 274 whether the penalty was leviable for concealment of income or for furnishing inaccurate particulars of income. It was further submitted that even while passing the penalty order, the AO has erred in levying penalty on both the limbs i.e. for concealment of particulars of income and for furnishing inaccurate particulars of income

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

section 271(1)(c) which provides that if any additions have been made to the total income of the assessee, for which the assessee failed to give any explanation or his explanation was not found to be false, then qua that addition will be deemed that the assessee has concealed income. However, in para the 8 of penalty order

SUDHIR BHUPENDRA DESAI,SURAT vs. INCOME TAX OFFICER, (INT. TAX), SURAT

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

Bench: Shri Pawan Singhआ.अ.सं./Ita No.92/Srt/2023 (Ay 2012-13) (Hearing In Physical Court) Sudhir Bhupendra Desai Income Tax Officer, (Int. Tax), 106, ‘Shriyam’, Nehru Nagar, Room No.107, 1St Floor, Vs Ichhanath, Svr College, S.O., Income-Tax Office, Surat Surat-395007 Anavil Business Centre, Pan No: Axdpd 7887 Q Adajan Hazira Road, Adajan, Surat-395007 अपीलाथ"/Appellant ""थ" /Respondent

penalty u/s 271(1)(c) of the Act. Sudhir B Desai (2) The learned CIT(A) ought to have appreciated the circumstances of the appellant of he being Non-resident Indian and his bona fides. 4. The appellant craves leave to add, alter or vary any of the grounds of appeal.” 2. Brief facts of the case are that assessee

SHRI PIYUSHKUMAR AMBALAL SHROFF,HUF,AHMEDABAD vs. THE DY.CIT, BHARUAH CIRCLE,, BHARUCH

In the result, the appeal of the assessee stands allowed

Bench: Shri Bhavnesh Saini & Shri O. P. Meenaआ.अ.सं./I.T.A No.1692/Ahd/2014 िनधा"रण वष"/Assessment Year: 2003-04 Shri Piyushkumr A. Shroff (Huf), V Deputy Commissioner Of C/O Ketan H Shah, Advocate, . Income-Tax, 93 Sapphire Complex, C G Road, Bharuch Circle, Bharuch Navrangpura, Ahmedabad 380009 Pan: Aachp 9491 E अपीलाथ" Appellant ""यथ"/Respondent

42, which is working of interest on FDRs. According to which, the assessee has offered interest on FDRs on accrual basis in Piyush A Shroff (HUF) v. DCIT- Bharuch/ I.T.A. No.1692/AHD/2014/A.Y.03-04 Page 3 of 6 F.Y. 1998-99 to 2001-02, kept with OBC bank Delhi, Anand and Rajkot branches. However, due to premature encashment of the FDR during current

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 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