MANISH BANSHILAL JARIWALA,SURAT vs. INCOME TAX OFFICER, WARD- 2(2)(3), SURAT

In the result, assessee’s appeal in ITA No

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.571 To 573/Srt/2023 Assessment Year: (2009-19) (Physical Court Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita Nos.574 & 575/Srt/2023 Assessment Year: (2010-11) (Hybrid Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent)

section 250 of Income-tax Act, 1961 (in short ‘the Act’) of National Faceless Appeal Centre, Delhi [for short to as “NFAC/Ld. CIT(A)”] ITA No.571-575/Srt/2023/AYs.09-10 & 10-11 Manish B Jariwala dated 20.06.2023 for assessment years (AYs) 2009-10 and 2010-11, which in turn arise out of separate assessment orders passed u/s 144 r.w.s

MANISH BANSHILAL JARIWALA,SURAT vs. INCOME TAX OFFICER, WARD 2(2)(3), SURAT, SURAT

In the result, assessee’s appeal in ITA No

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.571 To 573/Srt/2023 Assessment Year: (2009-19) (Physical Court Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita Nos.574 & 575/Srt/2023 Assessment Year: (2010-11) (Hybrid Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent)

section 250 of Income-tax Act, 1961 (in short ‘the Act’) of National Faceless Appeal Centre, Delhi [for short to as “NFAC/Ld. CIT(A)”] ITA No.571-575/Srt/2023/AYs.09-10 & 10-11 Manish B Jariwala dated 20.06.2023 for assessment years (AYs) 2009-10 and 2010-11, which in turn arise out of separate assessment orders passed u/s 144 r.w.s

MANISH BANSHILAL JARIWALA,SURAT vs. INCOME TAX OFFICE, WARD 2(2)(3), SURAT

In the result, assessee’s appeal in ITA No

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.571 To 573/Srt/2023 Assessment Year: (2009-19) (Physical Court Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita Nos.574 & 575/Srt/2023 Assessment Year: (2010-11) (Hybrid Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent)

section 250 of Income-tax Act, 1961 (in short ‘the Act’) of National Faceless Appeal Centre, Delhi [for short to as “NFAC/Ld. CIT(A)”] ITA No.571-575/Srt/2023/AYs.09-10 & 10-11 Manish B Jariwala dated 20.06.2023 for assessment years (AYs) 2009-10 and 2010-11, which in turn arise out of separate assessment orders passed u/s 144 r.w.s

MANISH BANSHILAL JARIWALA,SURAT vs. INCOME TAX OFFICER, WARD - 2(2)(3), SURAT

In the result, assessee’s appeal in ITA No

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.571 To 573/Srt/2023 Assessment Year: (2009-19) (Physical Court Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent) आयकर अपील सं./Ita Nos.574 & 575/Srt/2023 Assessment Year: (2010-11) (Hybrid Hearing) Manish Banshilal Jariwala Income Tax Officer, Ward-2(2)(3), 4/1710, Begumpura, Vs. Surat, Aaykar Bhavan, Majura Nawabwadi, Main Road, Surat- Gate, Surat-395 001 395 003 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ancpj 6207 F (अपीलाथ"/Appellant) (""थ" /Respondent)

section 250 of Income-tax Act, 1961 (in short ‘the Act’) of National Faceless Appeal Centre, Delhi [for short to as “NFAC/Ld. CIT(A)”] ITA No.571-575/Srt/2023/AYs.09-10 & 10-11 Manish B Jariwala dated 20.06.2023 for assessment years (AYs) 2009-10 and 2010-11, which in turn arise out of separate assessment orders passed u/s 144 r.w.s

ASSTT. COMMISSIONER OF INCOME TAX,, SURAT vs. M/S. D.KHUSHALBHAI JEWELLERS,, SURAT

In the result, grounds raised by the revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

U/s 271(1)(c) of Rs. 3,71,03,941/- holding that addition due to difference of valuation cannot be held as concealment of income without appreciating that the valuation was correctly made by the A.O. adopting average purchase price of the year, since, no quantitative records were maintained by the assessee to explain the item wise correct purchase price

ASSTT. COMMISSIONER OF INCOME TAX,CIR 1(3), SURAT vs. M/S. D.KHUSHALBHAI JEWELLERS,, SURAT

In the result, grounds raised by the revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

U/s 271(1)(c) of Rs. 3,71,03,941/- holding that addition due to difference of valuation cannot be held as concealment of income without appreciating that the valuation was correctly made by the A.O. adopting average purchase price of the year, since, no quantitative records were maintained by the assessee to explain the item wise correct purchase price

ASHISH JAYANTILAL PANDYA,SURAT vs. ITO,WARD-1(3)(1), SURAT

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

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.629/Srt/2024 Assessment Year: (2015-16) (Physical Hearing) Ashish Jayantilal Pandya The Ito, Vs. G/25, Shubhlaxmi Complex, Near Ward - 1(3)(1), Agresan Bhavan, City Light Road, Surat Surat-395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aavpp8182D (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Rasesh Shah, Ca Respondent By Shri Mukesh Jain, Sr. Dr Date Of Hearing 10/03/2025 Date Of Pronouncement 30/04/2025

56,820/-. The AO had also initiated penalty proceedings u/s 271(1)(c) of the Act for concealment of particulars of income. The assessee filed appeal before CIT(A) against the order of AO, which was dismissed by the CIT(A). Thereafter, the AO passed order u/s 271(1)(c) on 18.01.2019 wherein penalty of Rs.23,27,000/- was levied

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

56,000 – Assessee admitted that he had purchased the car for Rs.31,000 only- Therefore, admittedly, there was concealment to the tune of Rs.31,000- As regards the amount which was in excess of Rs.31,000, Tribunal held that it was a mere estimate made by the ITO while fixing the cost of the Shri Rajeshkumar R. Lohia

GTPL RAJWADI NETWORK PVT. LTD.,BAMROLI vs. DY. COMMISSIONER OF INCOME TAX, CIR-1(1)(2), SURAT

In the result, appeal filed by the assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), DR. A. L. SAINI (Accountant Member)

section 271(1) (c) of the Income Tax Act, 1961 (in short ‘the Act’), dated 28.06.2017. 2. Grounds of appeal raised by the assessee are as follows: “1. On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income-Tax (Appeals), NFAC has erred in penalty confirming the action of Assessing

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), SURAT vs. M/S. K. G. DEVELOPERS, SURAT

In the result, this appeal of revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

56,949/- u/s. 271(1)(c) of the I.T.Act. 2. On the facts and circumstances of the case and in law, the CIT(A) has erred in holding that the Assessee has not furnished inaccurate particulars of income to impose penalty us 271(1)(c) of the Act. 3. On the facts and circumstances of case

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1), SURAT vs. M/S. K. G. DEVELOPERS, SURAT

In the result, this appeal of revenue is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

56,949/- u/s. 271(1)(c) of the I.T.Act. 2. On the facts and circumstances of the case and in law, the CIT(A) has erred in holding that the Assessee has not furnished inaccurate particulars of income to impose penalty us 271(1)(c) of the Act. 3. On the facts and circumstances of case

GHANSHYAMBHAI KANJIBHAI GANGADIA,SURAT vs. ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, SURAT

In the result, Ground No. 3 of the assessee’s appeal is allowed for statistical purposes

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Prusethi.T(Ss).A. No. 08/Srt/2024 (Assessment Year: 2016-17) Ghanshyambhai Kanjibhai Vs. Assistant Commissioner Of Gangadia-Individual, Income Tax, Bungalow No.11, Kantareshvar Central Circle-3, Society, Nr. Balashram, Surat Katargam, Surat-395004 [Pan No.Aawpg3371J] (Appellant) .. (Respondent)

Section 56 (2)(viib) of the Act. The relevant extracts of the assessment order is reproduced below for ready reference: “5.3 In view of the above, by invoking provisions of sec. 56(2)(viib) of the Act the difference in the market value and the documentation value of the properties purchased by the assessee as tabled above to the tune

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

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

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

RAVI MAHEXA,DAMAN AND DIU vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

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

KAMUBEN RAMANLAL PATEL,DAMAN vs. INCOME TAX OFFICER, DAMAN

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

Bench: Ms.Suchitra Raghunath Kamble& Shri Bijayananda Prusethआयकरअपीलसं./Ita No.913/Srt/2024 Assessment Year: 2012-13 (Hybrid Hearing) Smt. Kamuben Ramanlal Patel Income Tax Officer, Daman, बनाम/ House No.1, Varkund, Income Tax Department, Jeevanji Vs. Mithanagar, Nani Daman, Hotel Building, Kathiria Road, Daman & Diu-396 210 Nani Daman, Daman & Diu- -396210 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Acppk1885N (अपीलाथ"/Appellant) (""थ"/Respondent) िनधा"रतीकीओरसे/Appellant By Shri Hemant Suthar, Ca राज"कीओरसे /Respondent By Shriajay Uke, Sr. Dr सुनवाई की तारीख/Date Of Hearing 17/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 25/09/2025

section 250 of the Income-tax Act, 1961 (in short, ‘the Act’) dated 12.06.2024 by the National Faceless Appeal Centre, Delhi/Commissioner of Income-tax (Appeals) [in short ‘Ld. CIT(A)’] for the Assessment Year (AY) 2012-13 in levying 100% penalty of Rs.52,46,160/- imposed u/s 271(1)(c) of the Act by Assessing Officer on 11.01.2021. Grounds

SHRI SUDIN MAHADEV SANGODKAR,GOA vs. INCOME TAX OFFICER, DAMAN WARD, DAMAN

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

Bench: Shri Pawan Singh(Virtual Hearing) Shri Sudin Mahadev Sangodkar, I.T.O., House No. 46B, 1/5 Next To Fab Ward-Daman Vs. India, Alta Mapusa, Bardez, Daman. North Goa, Goa-403507. Ph.9423530599 Email: Smsangodcar@Gmail.Com Pan No. Ajjps 0830 L Appellant/ Assessee Respondent/ Revenue

u/s 271(1)(c) levied by A.O. without a specific charge ad when there was no service of notice on the appellant. 2. The ld. A.O. erred in levying a penalty in respect of credits in bank account which are not in the nature of income. 3. The ld. A.O. erred in not appreciating that the details could

GAURI DHIRENKUMAR SHAH,BHARUCH vs. INCOME TAX OFFICER, WARD - 1(4), BHARUCH

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

Bench: Shri Pawan Singhआ.अ.सं./Ita Nos.394 & 388/Srt/2023 (Ay 2011-12) (Hearing In Physical Court) Gauri Dhirenkumar Shah Income Tax Officer, 1, Brahamin Faliya, Ward-1(4), Vs Ladeshwar, Bharuch Nr. Swaminarayan Temple, Bharuch-392011 Pan No: Ahnps 2989 Q अपीलाथ"/Appellant ""थ" /Respondent

penalty levied under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 16.05.2019. Since the facts in both the appeals are common, relate to same assessment year (2011-12), therefore, both the appeals were clubbed, heard together and are decided by common order to avoid the conflicting decisions. For appreciation of facts

GAURI DHIRENKUMAR SHAH,BHARUCH vs. INCOME TAX OFFICER, WARD - 1(4), BHARUCH

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

Bench: Shri Pawan Singhआ.अ.सं./Ita Nos.394 & 388/Srt/2023 (Ay 2011-12) (Hearing In Physical Court) Gauri Dhirenkumar Shah Income Tax Officer, 1, Brahamin Faliya, Ward-1(4), Vs Ladeshwar, Bharuch Nr. Swaminarayan Temple, Bharuch-392011 Pan No: Ahnps 2989 Q अपीलाथ"/Appellant ""थ" /Respondent

penalty levied under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) dated 16.05.2019. Since the facts in both the appeals are common, relate to same assessment year (2011-12), therefore, both the appeals were clubbed, heard together and are decided by common order to avoid the conflicting decisions. For appreciation of facts