THE ITO, WARD-1,, BARDOLI vs. M/S. GIRIRAJ DEVELOPERS,, SURAT

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

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

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

THE DCIT, CIRCLE-2(3),, SURAT vs. M/S. SHREE INFRA, SURAT

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

THE ITO, WARD-2(3)(4),, SURAT vs. M/S. SHREE DEVELOPERS,, SURAT

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

THE ITO, WARD-2(3)(4),, SURAT vs. M/S. VISHWAS DEVELOPERS,, SURAT

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

THE ITO, WARD-2(1)(4),, SURAT vs. M/S. VISHWAS HITECH INFRA PROJECT PVT. LTD.,, SURAT

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

THE ITO, WARD-2(3)(4),, SURAT vs. M/S. SHREE GOKUL DEVELOPERS,, SURAT

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

Bench: Smt. Diva Singh & Shri O.P.Meena

45,00,000/- disclosed at the time of survey u/s.133A. since assessee has treated this income as business income, the onus lies on assessee to substantiate its claim by submitting the name, address of person from whom these money/credits written on impounded book is received. Moreover, the fact remains that had survey proceedings not been carried out in the premise

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

45,212/- on account of disallowance under Section 40A(3)(b) of the Act. Penalty proceedings under Section 271(1)(c) of the Act were also initiated against the assessee, for concealment of income. 4. Aggrieved by the assessment order, the assessee filed appeal before Ld. CIT(A) wherein the appeal filed by the assessee was dismissed

GANESH GANPAT ALIM,MAHARASHTRA vs. ITO WASRD-3(3)(1), SURAT

In the result, appeals filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.40/Srt/2022 "नधा"रण वष"/Assessment Year: (2012-13) (Physical Hearing) Ganesh Ganpat Alim, Vs. The Ito, B-205, Mahashakti Appartment, Ward -1(1)(1), Jai Shree Jahannath, Nr. Manvel Panda Surat. Road, Nr. Mahak City Virar East, Mumbai, Maharashtra – 401305. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ambpa5834F आयकर अपील सं./Ita No.41/Srt/2022 "नधा"रण वष"/Assessment Year: (2012-13) Ganesh Ganpat Alim, Vs. The Ito, B-205, Mahashakti Appartment, Ward -3(3)(1), Jai Shree Jahannath, Nr. Manvel Panda Surat. Road, Nr. Mahak City Virar East, Mumbai, Maharashtra – 401305. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ambpa5834F Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) With Shri Vinod Kumar, Sr. Dr 22/03/2023 Date Of Hearing Date Of Pronouncement 08/05/2023 आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year (Ay) 2012-13, Are Directed Against The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), [In Short “The Ld. Cit(A)”], Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer Under Section 144 R.W.S 147 & A Penalty Order Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

Penalty proceedings u/s 271(1)(c) of the Act initiated for furnishing inaccurate particulars of income thereby concealment of income.” 11. Therefore, Ld. Counsel contended that the issue has been discussed and examined by the Assessing Officer in the original assessment order, dated 30.03.2015 for assessment order 2012-13, therefore the Assessing Officer should not have recorded reasons again

GANESH GANPAT ALIM,MAHARASHTRA vs. INCOME TAX OFFICER, WARD-1(1)(1), SURAT

In the result, appeals filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.40/Srt/2022 "नधा"रण वष"/Assessment Year: (2012-13) (Physical Hearing) Ganesh Ganpat Alim, Vs. The Ito, B-205, Mahashakti Appartment, Ward -1(1)(1), Jai Shree Jahannath, Nr. Manvel Panda Surat. Road, Nr. Mahak City Virar East, Mumbai, Maharashtra – 401305. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ambpa5834F आयकर अपील सं./Ita No.41/Srt/2022 "नधा"रण वष"/Assessment Year: (2012-13) Ganesh Ganpat Alim, Vs. The Ito, B-205, Mahashakti Appartment, Ward -3(3)(1), Jai Shree Jahannath, Nr. Manvel Panda Surat. Road, Nr. Mahak City Virar East, Mumbai, Maharashtra – 401305. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ambpa5834F Appellant By Shri Sapnesh Sheth, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) With Shri Vinod Kumar, Sr. Dr 22/03/2023 Date Of Hearing Date Of Pronouncement 08/05/2023 आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Two Appeals Filed By The Assessee, Pertaining To Assessment Year (Ay) 2012-13, Are Directed Against The Orders Passed By The Learned Commissioner Of Income Tax (Appeals), [In Short “The Ld. Cit(A)”], Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer Under Section 144 R.W.S 147 & A Penalty Order Passed By The Assessing Officer Under Section 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

Penalty proceedings u/s 271(1)(c) of the Act initiated for furnishing inaccurate particulars of income thereby concealment of income.” 11. Therefore, Ld. Counsel contended that the issue has been discussed and examined by the Assessing Officer in the original assessment order, dated 30.03.2015 for assessment order 2012-13, therefore the Assessing Officer should not have recorded reasons again

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

45-45 of Paper Book is inclusive of commission as well as brokerage, whereas the AO has compared the same with TDS certificate assuming it as commission income only. Major entries therein are tallied with TDS certificates as per the details filed by the assessee, which were also filed before the AO. Thus, the addition is made on difference

UTKARSH VASANTKUMAR MEHTA,SILVASSA vs. DCIT, VAPI CIRCLE, VAPI

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

Bench: SHRI PAWAN SINGH (Judicial Member), SHRI BIJAYANANDA PRUSETH (Accountant Member)

45,822/-. Thus, the assessee has shown less duty drawback to the extent of Utkarsh Vasantkumar Mehta AY 2015-16 (penalty U/s 271(1)(c) Rs. 70,299/-. The assessee was issued show cause notice, in the reply the assessee stated that duty drawback is accounted on receipt basis, the duty drawback of Rs. 1,75,253/- received actually from

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

45,50,780/- in his order dated 26.03.2018. 6. Aggrieved by the penalty under Section 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

RAMILABEN KALUBHAI KAKADIA,SURAT vs. ITO, WARD-3(2)(3), SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Ramilaben Kalubhai Kakadia, I.T.O., 62, Mira Nagar, Bhat Ni Wadi, Ward-3(2)(3), Vs. Varachha Road, Surat-395008. Surat. Pan No. Aippk 2934 G Appellant/ Assessee Respondent/ Revenue

penalty u/s 271(1)(c) of the Act. (2) The appellant craves leave to add, alter or vary any of the grounds of appeal.” Ramilaben Kalubhai Kakadia Vs ITO 2. Facts in brief as extracted from the order of lower authorities are that the return of income for the year under consideration was filed and the same was selected

SHRI RAJESHKUMAR R. LOHIA,,SURAT vs. THE INCOME TAX OFFICER, WARD-9(3),, SURAT

In the result, ground no.1 of the assessee is allowed

Bench: Shri Sandeep Gosain, Hon'Ble & Shri O.P.Meena, Hon'Bleआ.अ.सं./I.T.A No.2453/Ahd/2013 "नधा"रण वष"/Assessment Year: 2008-09 Shri Rajeshkumar R.Lohia, V The Income Tax Officer, C/O.Abhay Agencies, S Ward-9(3), Surat. 203, Adatiya Awas, Bombay . Market, Umarwad, Surat – 395010. [Pan: Aaqpl 7299 A] अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Shri Sapnesh R.Sheth – Ca राज"वक"ओरसे /Revenue By Mrs. Anupam Singla – Sr.Dr

45,702/- total Rs.15,05,702/- and after deducting Rs.5.50 lacs, he made addition of Rs.955,702/-. For this, he imposed a penalty of Rs.507,300/- u/s 271(1)(c) of I T Act since, the addition was upheld by learned CIT (A). Under these facts, penalty was deleted by the tribunal. In the present case also, an addition

SHRI NATWARBHAI D. PATEL,VADODARA vs. INCOME TAX OFFICER ,WARD-5,, BHARUCH

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

Bench: Shri Pawan Singhand

45,606/-. The assessing officer levied penalty under section 271(1)(c), at the rate of 100% on tax sought to be avoid (on the addition u/s

GIRDHARBHAI HARIBHAI GAJERA,SURAT vs. ITO(INTERNATIONAL TAXATION), SURAT

In the result, additional grounds raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं./Ita No.143/Srt/2019 (िनधा"रणवष" / Assessment Year: (2015-16) (Physical Court Hearing) Girdharbhai Haribhai Gajera Income Tax Officer 1,Vrushal Nagar, Opp. (International Taxation), 107, 1St Vs. Ktargam Police Station, Floor, Anavil Business Centre, Katargam Road, Surat-35004 Adajan-Hazira Road, Opp. Star Bazar, Adajan, Surat-395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abepg 7339 M (Assessee ) (Respondent)

45,720/-. The case of the assessee was selected for scrutiny through CASS and accordingly notice u/s 143(2) of the Act was issued. Thereafter, notices u/s 142(1) were issued on 09.06.2017, 29.08.2017, 08.09.2017. The Penalty notice u/s. 271(l)(b) was also issued on 08.09.2017. The assessee with other persons have transferred two non- agricultural land to Shanti

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

penalty proceedings u/s 271(1)(c ) of the Act.” 4. First, we shall adjudicate the Summarized and concise grounds of appeal raised by the assessee, in lead case in ITA No.195/SRT/2022, where books of accounts of assessee were rejected by the Assessing Officer u/s 145(3) of the Act. The summarized and concise ground No.1 is reproduced below for ready