BETEX INDIA LIMITED,SURAT vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

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

2) of the Act dated 25.02.2016 was also issued and served upon the assessee. A questionnaire under section 142(1) of the IT Act, 1961 dated 25.02.2016 was issued to the assessee to furnish details in respect of share application money of Rs.2,20,00,000/- received in AY.2008-09. The assessee company was requested to furnish the details before

DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, SURAT vs. BETEX INDIA LIMITED, SURAT

In the result, Ground No. 4 to 6 raised by the Revenue in ITA

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

2) of the Act dated 25.02.2016 was also issued and served upon the assessee. A questionnaire under section 142(1) of the IT Act, 1961 dated 25.02.2016 was issued to the assessee to furnish details in respect of share application money of Rs.2,20,00,000/- received in AY.2008-09. The assessee company was requested to furnish the details before

DCIT, CIRCLE-2(1)(1), SURAT vs. M/S. R K SHAH PROJECTS PVT. LTD, SURAT

In the result, ground no.2 raised by the Revenue is allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.55/Srt/2020 (िनधा"रण वष" / Assessment Year: (2013-14) (Physical Court Hearing) Deputy Commissioner Of Income M/S R.K.Shah Projects Pvt. Ltd., 1St Floor, Aditya Complex, Nr. Tax., Circle-2(1)(1), Room No.216, Vs. Kapadia Health Club, Bhatar Road, 2Nd Floor, Aayakar Bhavan, Majura Surat-395007 Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr 8584 Q (Appellant ) (Respondent)

2)(viib) of the I.T Act, 1961. The assessee company had furnished statement showing working of the book value of shares. It is reported in the remand report that a simple working was furnished without any Valuation Report regarding the Fair Market Value of the shares. The assessing officer in the assessment order has duly given his findings regarding

SEJAL JEWELLERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1)(2),, SURAT

In the result, appeal of the assessee is allowed

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.435/Ahd/2017 (िनधा"रणवष" / Assessment Year: (2012-13) (Virtual Court Hearing) Sejal Jewellers Pvt. Ltd, Income Tax Officer, Ward-2(1)(2), V Ug-4/5 Rangila Park, Ghod Dod Surat, Aaykar Bhavan, Majura Gate, S. Road, Surat-395007 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqcs 8686 P (Appellant ) (Respondent)

2) In respect of M/s Seasons Multitrade Pvt Ltd, the assessee has furnished the following evidences: (a) Share application form ( pb 133) (b) Minutes of board meeting ( pb 134) (c) Share certificate ( pb 135) (d) Contra confirmation (pb 136) (e) Relevant bank statement alongwith bank book (pb 137-138) ITA No.435/AHD/2017 A.Y. 2012-13 Sejal Jewellers Pvt. Ltd. (f) Acknowledgement

DIYA FABRICS,SURAT vs. INCOME TAX OFFICER, WARD 1(2)(1), SURAT

In the result, while appeal of the assessee is allowed, appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.355/Srt/2022 "नधा"रण वष"/Assessment Year: (2014-15) (Physical Hearing) Diya Fabrics, Vs. The Ito, 1418, Kohinoor Market, Ring Road, Ward-1(2)(1), Surat. Surat – 395002. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajfd3658A

iv) Sai Baba Engineering (vide paper book page no.26) (v) Somnath Textile Pvt. Ltd. (vide paper book page no.27) The copy of Income Tax Returns was also furnished by the assessee in respect of above creditors during appellate proceedings. The Ld. Counsel contended that if the Assessing Officer wants to make further enquiry, he could have issued notice under section

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

iv) Section 2(75) – Definition of “money” under CGST Act (vide Pb.5 to 6) (v) Internet and Mobile Association vs. Reserve Bank of India, Writ Petition (Civil) No. 528 of 2018 (SC) (vide Pb.7 to 9) (vi) Part of Indian Penal Code (vide Pb.10 to 11) (vii) Part of the specified bank notes (Cessation of Liabilities) Bill, 2017 (vide

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

iv) Section 2(75) – Definition of “money” under CGST Act (vide Pb.5 to 6) (v) Internet and Mobile Association vs. Reserve Bank of India, Writ Petition (Civil) No. 528 of 2018 (SC) (vide Pb.7 to 9) (vi) Part of Indian Penal Code (vide Pb.10 to 11) (vii) Part of the specified bank notes (Cessation of Liabilities) Bill, 2017 (vide

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

iv) Section 2(75) – Definition of “money” under CGST Act (vide Pb.5 to 6) (v) Internet and Mobile Association vs. Reserve Bank of India, Writ Petition (Civil) No. 528 of 2018 (SC) (vide Pb.7 to 9) (vi) Part of Indian Penal Code (vide Pb.10 to 11) (vii) Part of the specified bank notes (Cessation of Liabilities) Bill, 2017 (vide

ACIT (EXEMPTION), CIRCLE-2, AHMEDABAD vs. THE SURAT DISTRICT CRICKET ASSOCIATION, SURAT

In the result, the grounds of appeal raised by the revenue are dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Asst. Commissioner Of The Surat District Cricket Income-Tax (Exemptions), Association, Lalbhai Vs Circle-2, 6Th Floor, Room Contractor Stadium, Surat No.607, Aayakar Bhavan Dumas Road, Vesu, (Vejalpur), Prahlad Nagar Surat-395007 Road, Nr. Sachin Tower, Pan : Aaatt 6114 A Satellite,Ahmedabad-380 015 Appellant / Revenue Respondent / Assessee

68,620 + Rs.12,34,556/- i.e., Rs.67,03,176/- was also included in the total income of assessee. 5. The Assessing Officer again noted that in computation of income the assessee has claimed ‘application of income’ and claimed capital expenditure of Rs.2.19 crores. Since the assessee was treated as AOP and case of assessee is covered by first proviso

THE ITO, WARD-2(2)(4),, SURAT vs. M/S. PANKAJ ENKA PVT. LTD.,, SURAT

2 directors of the company namely Sanjay Kohli and Rajeev Ranjan Singh had furnished the details before the Investigation Wing, Delhi to prove the identity of the company and his director’s alongwith the copy of the bank account, tax return, ledger account, rental agreement etc. (b)(v) The observations made by the AO regarding the alleged discrepancies

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

68 of the Act. It is also noted that in spite of repeated request, the Ld. Assessing Officer did not provide opportunity to cross examine the concerned persons and even the relevant information and allegation, if any, made therein, which has been used against the assessee, was not provided to the assessee. At this stage, we add here that mere

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

68 of the Act. It is also noted that in spite of repeated request, the Ld. Assessing Officer did not provide opportunity to cross examine the concerned persons and even the relevant information and allegation, if any, made therein, which has been used against the assessee, was not provided to the assessee. At this stage, we add here that mere

SUSHILABEN PRAVINBHAI AHIR,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(2),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am

17 3246/AHD/2014 Sushilaben Pravinbhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 PAN: AUCPA 3393 A 18 3247/AHD/2014 Harishbhai Babubhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 Hazira Group Cases PAN: AHWPA 6907 B 19 3248/AHD/2014 Pravinbhai Sukhabhai

NANDIBEN SUKHABHAI AHIR,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(2),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am

17 3246/AHD/2014 Sushilaben Pravinbhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 PAN: AUCPA 3393 A 18 3247/AHD/2014 Harishbhai Babubhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 Hazira Group Cases PAN: AHWPA 6907 B 19 3248/AHD/2014 Pravinbhai Sukhabhai

BHANUBEN NANUBHAI AHIR,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(1),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am

17 3246/AHD/2014 Sushilaben Pravinbhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 PAN: AUCPA 3393 A 18 3247/AHD/2014 Harishbhai Babubhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 Hazira Group Cases PAN: AHWPA 6907 B 19 3248/AHD/2014 Pravinbhai Sukhabhai

SMT. HEMLATABEN NANUBHAI AHIR,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(2),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am

17 3246/AHD/2014 Sushilaben Pravinbhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 PAN: AUCPA 3393 A 18 3247/AHD/2014 Harishbhai Babubhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 Hazira Group Cases PAN: AHWPA 6907 B 19 3248/AHD/2014 Pravinbhai Sukhabhai

HASUBEN BHAGUBHAI AHIR,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(2),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am

17 3246/AHD/2014 Sushilaben Pravinbhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 PAN: AUCPA 3393 A 18 3247/AHD/2014 Harishbhai Babubhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 Hazira Group Cases PAN: AHWPA 6907 B 19 3248/AHD/2014 Pravinbhai Sukhabhai

GITABEN KANTIBHAI AHIR,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(1),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am

17 3246/AHD/2014 Sushilaben Pravinbhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 PAN: AUCPA 3393 A 18 3247/AHD/2014 Harishbhai Babubhai The Income 2007- Ahir, Tax Officer, 08 Village: Hazira, Tal. Ward-4(2), Choryasi, Surat. Dist: Surat – 394270 Hazira Group Cases PAN: AHWPA 6907 B 19 3248/AHD/2014 Pravinbhai Sukhabhai