SAMIR YOGENDRABHAI PARIKH,NA vs. ARIVS.THE PCIT, VALSAD, VALSAD

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Hearing) Samir Yogendrabhai Parikh. The Pr.Cit, Alka Society, Chhapara Road, Valsad. Vs. Dist.-Navsari-396445, Gujarat. Pan No. Abgpp 6727 N Appellant/ Assessee Respondent/ Revenue

68 by treating the same as unexplained sum. The assessee filed his reply dated 25/03/2022. Copy of reply is placed on record in page No. 354 to 371 of the paper book. The ld. Pr.CIT thereafter directed to carry out de novo assessment without specifying as to how the order is erroneous or prejudicial to the interest of revenue

KALUBHAI DULABHAI GOLAVIYA,SURAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, , SURAT

In the result, ground raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./It(Ss)A No.15 & Ita No.619/Srt/2018 (िनधा"रणवष" / Assessment Years: (2011-12 &2014-15) (Virtual Court Hearing) Shri Kalubhai Dulabhai Golaviya Deputy Commissioner Of Income-Tax, B/1-2, Jalaram Society, B/H. Central Circle-2, Aaykar Bhavan, Vs. Gurunagar Society, Varachha Majura Gate, Surat-395001 Road, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp 5116 A (अपीलाथ" /Appellant) (""थ" /Respondent)

155) (iii) Copy of Photographs of Flats for evidence that two units of flats were merged as a single residence (vide paper book Page 156). (iv) Copy of Plan of Flats for evidence that two units of flats were merged as a single residence (vide paper book Page 157). Based on this factual position, we direct the Assessing Officer

LABDHI JEWELLERD PVT. LTD.,NA vs. ARIVS.THE PCIT, VALSAD, VALSAD

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

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.104 & 106/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) K.N. Diamond, 5/4299, Ground Floor, Principal Commissioner Of Soniwad, Bilimora, Dist. Income-Tax, Valsad, Room Navsari, Gujarat-396321 No. 301, 3Rd Floor, Pan No. Aadfk 3167 H Vs Income-Tax Office, Palak Arcade, Pali, Shantinagar, Labdhi Jewellerd Pvt. Ltd. Tithal Road, Valsad, Soniwad, Bilimora, Dist. Gujarat-396001 Navsari, Gujarat-396321 Pan No. Aabcl 1645 A अपीलाथ"/Appellant ""यथ" /Respondent

155 (Guj)  Hari Iron Trading Co. vs. CIT 263 ITR 437 (P&H)  CIT vs. Gabriel India Ltd. 203 ITR 108 (Bom)  CIT vs. Vikas Polymears 341 ITR 537 (Del)  CIT vs. Honda Siel Power Products 333 ITR 547 (Del) 9. The ld. AR for the assessee submits that if two views are possible, revision under section

K. N. DIAMOND,NA vs. ARIVS.THE PCIT, VALSAD, VALSAD

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

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.104 & 106/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) K.N. Diamond, 5/4299, Ground Floor, Principal Commissioner Of Soniwad, Bilimora, Dist. Income-Tax, Valsad, Room Navsari, Gujarat-396321 No. 301, 3Rd Floor, Pan No. Aadfk 3167 H Vs Income-Tax Office, Palak Arcade, Pali, Shantinagar, Labdhi Jewellerd Pvt. Ltd. Tithal Road, Valsad, Soniwad, Bilimora, Dist. Gujarat-396001 Navsari, Gujarat-396321 Pan No. Aabcl 1645 A अपीलाथ"/Appellant ""यथ" /Respondent

155 (Guj)  Hari Iron Trading Co. vs. CIT 263 ITR 437 (P&H)  CIT vs. Gabriel India Ltd. 203 ITR 108 (Bom)  CIT vs. Vikas Polymears 341 ITR 537 (Del)  CIT vs. Honda Siel Power Products 333 ITR 547 (Del) 9. The ld. AR for the assessee submits that if two views are possible, revision under section

SARITABEN RAHUL KAKADIA,SURAT vs. ITO, WARD 3(2)(3), SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.553/Srt/2019 ("नधा"रणवष" / Assessment Years: (2013-14) (Virtual Court Hearing) Saritaben Rahul Kakadia, Vs. The Ito, Ward-3(2)(3), S.R. Textiles, 59, Vishnu Nagar, Surat. Near Ankur Char Rasta, Varachha, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Clnpk0716K (Assessee) (Respondent) Assessee By : Shri Hiren Vepari, Ca Revenue By : Ms Sita Ram Meena, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 15/02/2022 घोषणाक"तार"ख/Date Of Pronouncement : 10/05/2022 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-3, Surat [In Short “The Ld. Cit(A)”] In Appeal No. Cit(A) Surat-3/10420/2016-17 Dated 22.10.2019, Which In Turn Arise Out Of 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”].

68 of the Act, namely identity, creditworthiness, and genuineness of the transactions, therefore penalty imposed by the Assessing Officer should be upheld. 9. We have heard both the parties and perused the material available on record. The ground raised by the assessee pertains to levying of penalty to the tune of Rs.4,81,890/-, under section

ARUN KUMAR GUPTA, DCIT, CIRCLE-1(3), SURAT, ADAJAN vs. CHUNIBHAI HARIBHAI GAJERA, ADARSH NAGAR SOCIETY

In the result, the appeal of the revenue is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.778 & 779/Srt/2023 Assessment Years: (2013-14 & 2014-15) (Physical Hearing) Dcit, Vs. Chunibhai Haribhai Gajera, Circle - 1(3), 67, Adarsh Nagar Society, Athwalines, Surat Surat - 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aawpg3525A (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mukesh Jain, Cit-Dr Respondent By Shri Rasesh Shah, Ca Date Of Hearing 03/09/2025 Date Of Pronouncement 17/11/2025

68 of the Act was deleted. He also deleted the addition u/s 69C of the Act Rs.64,78,080/- in respect of unexplained commission paid on account of above LTCG. The CIT(A) has placed reliance on more than 50 decisions including the decisions as follows: (i) Shri Jitenddra Dalpatbhai Shah (ITA No.3105/Ahd/2009 ); (ii) CIT vs. Jitendra Dalpatbhai Shah

ARUN KUMAR GUPTA, DCIT, CIRCLE-1(3), SURAT, ADAJAN vs. CHUNIBHAI HARIBHAI GAJERA, ADARSH NAGAR SOCIETY

In the result, the appeal of the revenue is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.778 & 779/Srt/2023 Assessment Years: (2013-14 & 2014-15) (Physical Hearing) Dcit, Vs. Chunibhai Haribhai Gajera, Circle - 1(3), 67, Adarsh Nagar Society, Athwalines, Surat Surat - 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aawpg3525A (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mukesh Jain, Cit-Dr Respondent By Shri Rasesh Shah, Ca Date Of Hearing 03/09/2025 Date Of Pronouncement 17/11/2025

68 of the Act was deleted. He also deleted the addition u/s 69C of the Act Rs.64,78,080/- in respect of unexplained commission paid on account of above LTCG. The CIT(A) has placed reliance on more than 50 decisions including the decisions as follows: (i) Shri Jitenddra Dalpatbhai Shah (ITA No.3105/Ahd/2009 ); (ii) CIT vs. Jitendra Dalpatbhai Shah

LATE SHRI BHIMSEN DARBARILAL ARORA,,SURAT vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-5,, SURAT

In the result, ground no.4 raised by assessee is allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.1706/Ahd/2016 "नधा"रणवष"/Assessment Year: (2010-11) (Physical Court Hearing) Bhimsen Darbarilal Arora Through, Vs. The Acit, Circle-5, L/H. Rajat Bhimsen Arora, Surat. Smt. Mamta Bhimsen Arora, A-201, Madhulika Apartment, Bhatar Road, Surat. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acaps9230L

155 ITR 166(SC) held that illegality of the search does not vitiate the evidence collected during such illegal search. The Hon`ble Supreme Court in the case of Pooran Mal v. Director of Inspection (Inv.) 93 ITR 505 (SC) held that even though the search and seizure were in contravention of provision of section 132, material seized would

SHERDA POLYSTER PVT. LTD.,,MUMBAI vs. THE INCOME TAX OFFICER, WARD-2(1)(2),, SURAT

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.763/Ahd/2017 "नधा"रणवष"/Assessment Year: (2012-13) (Physical Court Hearing) Sherda Polyster Pvt. Ltd., Vs. The Ito, Ward-2(1)(2), C/O Dk Jhanwar & Associates, Surat. 705, Morya Bluemoon, Near Monginis Cake Factory, Opp. City Mall, Link Road, Andheri West, Mumbai-400053. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcs3803P

section 68 of the Act. The Assessing Officer also made addition of Rs.7,75,872/- on account of commission income earned @ 5% for accommodation. 4. Aggrieved by the order of Assessing Officer, the assessee carried the matter in appeal before the ld. CIT(A), who has confirmed the action of the ITA 763/AHD/2017/AY.2012-13 Sherda Polyster Pvt. Ltd. Assessing Officer

THE DCIT, CIRCLE-2(1)(1),, SURAT vs. M/S. TRANSIT GEO SYSTEMS INTEGRATORS PVT. LTD.,, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.3330/Ahd/2016 (िनधा"रणवष" / Assessment Year: (2012-13) (Physical Court Hearing) D.C.I.T., Circle-2(1)(1), M/S Transit Geo Systems Integrator Pvt. Ltd., 13-C-404, 1St Floor, Room No.223, Aayakar Bhavan, Vs. Parshvanath Complex, Above Bhakti Majura Gate, Surat-395001 Automobiles, Udhna, Magdalla Road, Surat-395017 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadct 4158 N (Appellant) (Respondent)

155- 156),iii) Acknowledgment of return of income (pb page 157), iv) Balance-sheet, P&L a/c & capital a/c of K.K.Traders (pb page 158-160), v) Share application form (pb pages 161-162), vi) Sample copy of work order (pb page 163). ITA No.3330/AHD/2016 A.Y. 12-13 M/s Transit Geo Suystems Integrators Pvt. Ltd. (i) In respect of K.M. Traders

ANJANI INFRA,SURAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Anjani Infra Dy. Commissioner Of Block No. 142, Fp No.47, T.P. Income Tax, Vs Scheme No. 27, Shangrila Central Circle-2, Heights, Moje Villge, Kosad, Surat-395001 Pan : Aawfa 0376 M Assessee / Appellant Revenue /Respondent

section 68 and disallowed the professional fees. On further appeal before the Ld. Commissioner of Income-Tax (Appeals) [CIT(A)] the action of Assessing Officer was upheld. Thus, further aggrieved the assessee has filed present appeal before us. 3. We have heard the submission of Ld. Authorized Representative (AR) represent assessee and Ld. Departmental Representative

LATE SHRI PRAKASHCHANDRA GOYAL,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(3)(4),, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A. No.29/Ahd/2017/Srt िनधा"रण वष"/Assessment Year : 2013-14 Shri Prakashchandra Goyal(L/H Of Vs. The Income Tax Officer, Late Shri Kapil Prakashchandra Ward-1(3)(4), Surat. Goyal), A-1002, Meghdhanush Apartment Sarelawadi, Ghoddod Road, Surat अपीलाथ" Appellant ""यथ"/Respondent िनधा"रती क" ओर से /Assessee By Shri Vinod Goyal – Ca राज"व क" ओर से /Revenue By Shri Vinod Kumar – Sr.Dr 01.11.2018 सुनवाई क" तारीख/ Date Of Hearing: 14.11.2018 उ"ोषणा क" तारीख/Pronouncement On आदेश /O R D E R Per O. P. Meena, Accoutant Member: 1. This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals)-2, Surat(In Short “The Cit (A)”) Dated 17.11.2016 Pertaining To Assessment Year 2013-14 Which In Turn Has Arisen From The Order Passed By The Income Tax Officer, Ward-1(3)(4), Surat(In Short “The Ao”) Dated 14.03.2016 Under Section 143(3) Of Income Tax Act,1961 (In Short ‘The Act’).

68,289/- made by the AO was upheld. 5. Being aggrieved, the assessee filed appeal before us. The ld.Counsel for the assessee submitted that the provision of section 50C of the Act on transfer of right in lease hold property are not applicable as that section 50C applies only for transfer of land, building or both

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

68,770/- and claimed deduction of Rs.1.13 crores under section 80IA. The assessee filed objection against the reopening. The objection of assessee was rejected vide order dated 31.12.2012. The Assessing Officer after rejecting the objection of assessee proceeded for re-assessment. The Assessing Officer while passing assessment order restricted the eligible profit to the extent of Rs.76

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

68,770/- and claimed deduction of Rs.1.13 crores under section 80IA. The assessee filed objection against the reopening. The objection of assessee was rejected vide order dated 31.12.2012. The Assessing Officer after rejecting the objection of assessee proceeded for re-assessment. The Assessing Officer while passing assessment order restricted the eligible profit to the extent of Rs.76

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

68,770/- and claimed deduction of Rs.1.13 crores under section 80IA. The assessee filed objection against the reopening. The objection of assessee was rejected vide order dated 31.12.2012. The Assessing Officer after rejecting the objection of assessee proceeded for re-assessment. The Assessing Officer while passing assessment order restricted the eligible profit to the extent of Rs.76

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

155 TAXMAN 330 (Guj). Ld. Sr. counsel for the assessee submits that on merit all the grounds of appeal are covered by the decision of Tribunal in ITA Nos. 1849 & 1867/AHD/2014 for AY 2008-09 dated 27.12.2021. 7. On the other hand, Ld. CIT-DR for the Revenue has vehemently supported the orders of the lower authorities

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

155 TAXMAN 330 (Guj). Ld. Sr. counsel for the assessee submits that on merit all the grounds of appeal are covered by the decision of Tribunal in ITA Nos. 1849 & 1867/AHD/2014 for AY 2008-09 dated 27.12.2021. 7. On the other hand, Ld. CIT-DR for the Revenue has vehemently supported the orders of the lower authorities

ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. ASSTT. COMMISSIONER OF INCOME TAX., BHARUCH

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

155 TAXMAN 330 (Guj). Ld. Sr. counsel for the assessee submits that on merit all the grounds of appeal are covered by the decision of Tribunal in ITA Nos. 1849 & 1867/AHD/2014 for AY 2008-09 dated 27.12.2021. 7. On the other hand, Ld. CIT-DR for the Revenue has vehemently supported the orders of the lower authorities

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

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

155 TAXMAN 330 (Guj). Ld. Sr. counsel for the assessee submits that on merit all the grounds of appeal are covered by the decision of Tribunal in ITA Nos. 1849 & 1867/AHD/2014 for AY 2008-09 dated 27.12.2021. 7. On the other hand, Ld. CIT-DR for the Revenue has vehemently supported the orders of the lower authorities