SURESH B DESAI,,SURAT vs. DCIT CENTRAL CIRCLE-3,, SURAT

In the result, the appeal of the assessee stands allowed

Bench: Shri Bhavnesh Saini & Shri O.P.Meenaआ.अ.सं./I.T.A.No’S.1720 & 1721/Ahd/2017 िनधा"रणवष"/Assessment Years: 2011-12 & 2012-13 Suresh B Desai, Vs. Deputy Commissioner Of 101, Vishal Apartment, Near Jamna Income Tax, Central Circle – Nagar Bus Stand, Ghod Dod Road, 3, Surat. Surat – 395 007. [Pan: Aappd 7237 H] अपीलाथ" Appellant ""यथ"/Respondent Shri Rasesh Shah – Ca िनधा"रतीक"ओरसे /Assessee By Shri S.R.Meena –Sr.Dr राज"वक"ओरसे /Revenue By 26.07.2019 सुनवाईकीतारीख/ Date Of Hearing: 26.07.2019 उ"ोषणाक"तारीख/Pronouncement On: आदेश /O R D E R Per O.P.Meena, Am: The Above Two Appeals By The Assessee Are Directed Against The 1. Common Order Of Learned Commissioner Of Income Tax(Appeals)-4, Surat (In Short The “Cit(A)”) Dated 29.05.2017 For The A.Y. 2011-12 & 2012-13 Challenging The Confirmation Of Penalty Levied U/S.271(1)(C) Of The Act Amounting To Rs.2,01,980/- & Rs.18,370/- Respectively.

72 to 74A, the return of income should be filed within the time-limit provided under section 139(1), otherwise losses cannot be set-off. In absence of such a restriction, the limitation of time of "due date" cannot be strictly reckoned with section 139(1). Thus, the meaning of the words "due date", sans any limitation or restriction

MAHOTSAV CREATION PVT. LTD.,SURAT vs. PR. COMMISSION OF INCOME TAX, -1,, SURAT

In the result, Both the appeals filed by the assessee are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.49 & 50/Srt/2021 Assessment Years: (2010-11 & 2011-12) (Virtual Court Hearing) Mahotsav Creation Pvt. Ltd., Vs. Principal Commissioner Of 101-102, 1St Floor, Sakar Textile Income-Tax-1, Aayakar Bhawan, Market, Ring Road, Surat-395002. Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecm2394Q (Appellant) (Respondent) Assessee By Shri Hardik Vora, Advocate Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 28/06/2022 22/08/2022 Date Of Pronouncement

72 of annexure BF-5 it is seen that there is one entry written on page, according to which material of Rs.31,00,000/- was purchased by the assessee and against which following cash payments were made to Shri Rehmat Bhai during the year. Sr. No. Date of Payment Amount of payment 1

MAHOTSAV CREATION PVT. LTD.,SURAT vs. PR. COMMISSION OF INCOME TAX, -1,, SURAT

In the result, Both the appeals filed by the assessee are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.49 & 50/Srt/2021 Assessment Years: (2010-11 & 2011-12) (Virtual Court Hearing) Mahotsav Creation Pvt. Ltd., Vs. Principal Commissioner Of 101-102, 1St Floor, Sakar Textile Income-Tax-1, Aayakar Bhawan, Market, Ring Road, Surat-395002. Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaecm2394Q (Appellant) (Respondent) Assessee By Shri Hardik Vora, Advocate Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 28/06/2022 22/08/2022 Date Of Pronouncement

72 of annexure BF-5 it is seen that there is one entry written on page, according to which material of Rs.31,00,000/- was purchased by the assessee and against which following cash payments were made to Shri Rehmat Bhai during the year. Sr. No. Date of Payment Amount of payment 1

SHRI RAVJIBHAI BECHARBHAI DHAMELIYA,,SURAT vs. INCOME TAX OFFICER WARD-3(1(1), SURAT

In the result, assessee`s appeal for both the assessment years, that is,

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

u/s 142(1) of the Act, the assessee has attended and furnished details before the assessing officer. 8. In assessee`s case, the information were gathered by the assessing officer from the DDIT (Inv.), Mumbai, that a search and seizure action under section 132 of the Act, 1961 was conducted on 03.10.2013 by the DGIT (Inv.), Mumbai on group concerns

DCIT, CIRCLE-3(3), SURAT vs. SHRI RAVJIBHAI BECHARBHAI DHAMELIYA,, SURAT

In the result, assessee`s appeal for both the assessment years, that is,

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

u/s 142(1) of the Act, the assessee has attended and furnished details before the assessing officer. 8. In assessee`s case, the information were gathered by the assessing officer from the DDIT (Inv.), Mumbai, that a search and seizure action under section 132 of the Act, 1961 was conducted on 03.10.2013 by the DGIT (Inv.), Mumbai on group concerns

SHRI RAVJIBHAI B DHAMELIYA,SURAT vs. DCIT, CIRCLE-2(1)(2), SURAT

In the result, assessee`s appeal for both the assessment years, that is,

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

u/s 142(1) of the Act, the assessee has attended and furnished details before the assessing officer. 8. In assessee`s case, the information were gathered by the assessing officer from the DDIT (Inv.), Mumbai, that a search and seizure action under section 132 of the Act, 1961 was conducted on 03.10.2013 by the DGIT (Inv.), Mumbai on group concerns

ACIT, CIRCLE-3(3), SURAT vs. SHRI RAVJIBHAI BECHARBHAI DHAMELIYA, SURAT

In the result, assessee`s appeal for both the assessment years, that is,

Bench: Shri Pawan Singh, Hon'Ble & Dr. A. L. Saini, Hon'Ble(Physical Hearing) Sl.

u/s 142(1) of the Act, the assessee has attended and furnished details before the assessing officer. 8. In assessee`s case, the information were gathered by the assessing officer from the DDIT (Inv.), Mumbai, that a search and seizure action under section 132 of the Act, 1961 was conducted on 03.10.2013 by the DGIT (Inv.), Mumbai on group concerns

NOBAL JEWELS PVT LTD,SURAT vs. DY. COMMISSIONER OF INCOME TAX, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIR.-3, SURAT vs. MARUDHAR DIAMOND PVT LTD, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

ASST. COMMISSIONER CENTRAL CIRCLE -3, SURAT vs. M/S. NOBAL JEWELS PVT. LTD, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

MARUDHAR DIAMOND PVT LTD,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

ANTIQUE EXIM PVT LTD.,SURAT vs. DY. COMMISSIONER OF INCOME TAX, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

ASST. COMMISSIONER OF INCOME TAX, CC-2, SURAT vs. M/S. SAFFRON GEMS PVT. LTD., , SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

ASST. COMMISSIONER OF INCOME TAX, CC-3, SURAT vs. M/S. ANTIQUE EXIM PVT. LTD., , SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

SAFFRON GEMS PVT LTD,SURAT vs. DEPUTY COMMISSIONER OF INCOME TAX, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.431 &440/Srt/2022 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing)

147 of the Income Tax Act, 1961 (in short ‘the Act’). 2. At the outset, we note that appeal filed by the assessee in the case of M/s Nobal Jewels Pvt. Ltd. in ITA No.350/SRT/2022 for A.Y. 2017-18 is barred by limitation by one day. The Ld. Counsel for the assessee has explained that actually

M/S. SHANGRILA LATEX INDUSTRIES LIMITED,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX - 4, SURAT

In the result, appeal filed by the assessees is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.38/Srt/2017 Assessment Year: (2006-07) (Physical Court Hearing) Shangrila Latex Industries Limited, Vs. The Acit, Circle-4, C/O. B.M. Parekh & Co., 203, 2Nd Surat. Floor, Navjivan Society, Bldg. No. 03, Lamington Road, Mumbai-400008. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaics1479E (Appellant) (Respondent) Assessee By Shri Sanjay S. Kapadia, Ca Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 01/07/2022 28/09/2022 Date Of Pronouncement

147 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 31.03.2014. 2. Grounds of appeal raised by the assessee are as follows: “1. On the facts and circumstances of the case and in law, the ld. CIT(A) has erred in confirming the addition of Rs.3,63,65,889/- on account of considering capital receipt

SHANKARLAL C SHAH,,SURAT vs. THE ACIT.,CIRCLE-4,, SURAT

In the result, appeal filed by the Revenue (in ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.1359 & 1481/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2012-13) (Virtual Court Hearing) Shankarlal C. Shah, The Acit, Central Circle-4, Vs. 199-201, Vishal Nagar Society, Surat. Udhna, Magdalla Road, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aeups4161E The Dcit, Central Circle-1, Vs. Manish Kashiram Patel, Surat. 15-16, Vanita Residency, Althan Canal Road, Althan, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp5085E (Appellant)/(Revenue) (Respondent)/(Appellant)

147 of the Act as well as under section 153A of the Act. 17. In the facts of the present case, a search came to be conducted on 07.10.2009 and the notice was issued to the assessee under section 153A of the Act for assessment year 2006-07 on 04.08.2010. In response to the notice, the assessee filed return

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, SURAT vs. SHRI MANISH KASHIRAM PATEL,, SURAT

In the result, appeal filed by the Revenue (in ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.1359 & 1481/Ahd/2016 ("नधा"रणवष" / Assessment Year: (2012-13) (Virtual Court Hearing) Shankarlal C. Shah, The Acit, Central Circle-4, Vs. 199-201, Vishal Nagar Society, Surat. Udhna, Magdalla Road, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aeups4161E The Dcit, Central Circle-1, Vs. Manish Kashiram Patel, Surat. 15-16, Vanita Residency, Althan Canal Road, Althan, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp5085E (Appellant)/(Revenue) (Respondent)/(Appellant)

147 of the Act as well as under section 153A of the Act. 17. In the facts of the present case, a search came to be conducted on 07.10.2009 and the notice was issued to the assessee under section 153A of the Act for assessment year 2006-07 on 04.08.2010. In response to the notice, the assessee filed return

SHRI ASHISH NATVARLAL VASHI,,NA vs. ARIVS.THE INCOME TAX OFFICER, WARD-1,, NAVSARI

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.3522/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2007-08) (Virtual Court Hearing) Ashish Natvarlal Vashi, Vs. The Income Tax Officer, Ward-1, Tolat Falia, At & Post. Kaccholi, Navsari. Taluka Gandevi, Dist: Navsari, Navsari - 396370. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abypv5202C (Assessee) (Respondent)

u/s 148 of the IT. Act, 1961.” 3. At the outset, ld Counsel for the assessee requested the Bench that additional ground raised by the assessee goes to the root of the matter therefore it should be adjudicated first. In such additional ground, the assessee has challenged the validity of reopening the assessment under section 147