BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

201(3) of the Act, at the relevant time, wherein statement in the prescribed form was furnished, the time limit was two years from the end of financial year in which statement under section 200 was furnished. The assessee-bank furnished last statement of TDS other than salary for financial year 2008-09 is on 22.05.2009. Thus Assessing Officer

BANK OF INDIA, ,SURAT vs. DY. CIT, TDS, CIRCLE, SURAT, SURAT

In the result, assessee’s both appeals are allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

201(3) of the Act, at the relevant time, wherein statement in the prescribed form was furnished, the time limit was two years from the end of financial year in which statement under section 200 was furnished. The assessee-bank furnished last statement of TDS other than salary for financial year 2008-09 is on 22.05.2009. Thus Assessing Officer

ASSISTANT COMMISSIONER OF INCOME TAX, CIR - 1(3), SURAT vs. RAJGREEN INFRALINK LLP, SURAT

In the result, the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.257 & 375/Srt/2023 (Ay 2018-19) (Hearing In Physical Court) Rajgreen Infralink Llp Deputy Commissioner Of 29-30, Sai Baba Shraddha Nagar, Income Tax, Circle-1(3) Nr. Choksi Wadi, New Rander Road, Surat, Aaykar Bhavan, Adajan, Surat-395009 Majura Gate, Surat-395001 Pan No. Aavfr 8064 N Assistant Commissioner Of Income- Rajgreen Infralink Llp Vs Tax, Circle-1(3), Surat, Room No. 29-30, Sai Baba Shraddha 301, 3Rd Floor, Anavil Business Nagar, Nr. Choksi Wadi, Centre, Hazira Road, Adajan, New Rander Road, Adajan, Surat-395009 Surat-395009 Pan No. Aavfr 8064 N अपीलाथ"/Appellant ""थ" /Respondent

201] 9 taxmann.com 1, (Delhi), Hon’ble Apex Court Court in the case of CIT vs. Durga Prasad More [1971] 82 ITR 540 (SC) and in the case of Sumathy Dayal Vs CIT 214 ITR 801 (SC) held that in such cases, principle was laid down that where entry of loan in a set of entities, mere furnishing certain details

RAJGREEN INFRALINK LLP,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE - 1(3), SURAT

In the result, the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.257 & 375/Srt/2023 (Ay 2018-19) (Hearing In Physical Court) Rajgreen Infralink Llp Deputy Commissioner Of 29-30, Sai Baba Shraddha Nagar, Income Tax, Circle-1(3) Nr. Choksi Wadi, New Rander Road, Surat, Aaykar Bhavan, Adajan, Surat-395009 Majura Gate, Surat-395001 Pan No. Aavfr 8064 N Assistant Commissioner Of Income- Rajgreen Infralink Llp Vs Tax, Circle-1(3), Surat, Room No. 29-30, Sai Baba Shraddha 301, 3Rd Floor, Anavil Business Nagar, Nr. Choksi Wadi, Centre, Hazira Road, Adajan, New Rander Road, Adajan, Surat-395009 Surat-395009 Pan No. Aavfr 8064 N अपीलाथ"/Appellant ""थ" /Respondent

201] 9 taxmann.com 1, (Delhi), Hon’ble Apex Court Court in the case of CIT vs. Durga Prasad More [1971] 82 ITR 540 (SC) and in the case of Sumathy Dayal Vs CIT 214 ITR 801 (SC) held that in such cases, principle was laid down that where entry of loan in a set of entities, mere furnishing certain details

RAJ KISHORE PRASAD,AHMEDABAD vs. INCOME TAX OFFICER, WARD - 3, VALSAD

In the result, appeal filed by the assessee is allowed

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita No.146/Srt/2023 Assessment Year: (2012-13) (Virtual Hearing) Raj Kishore Prasad, Vs. The Ito, 201, 2Nd Floor, Devashish Complex, Ward-3, Nr. Regenta Central Antarim Hotel, Valsad Off Cg Road, Ahmedabad "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aitpp0535A (Assessee) (Respondent)

68,400/- out of which the sum of Rs.2,10,518/- was pertained to his travel out of India, which is not permissible as per provisions of section 10(5) of the I.T. Act. Accordingly the sum of Rs.2,40,518/- is disallowed and added to the total income of the assessee. I am satisfied that assessee has furnished

STATE BANK OF INDIA,NA vs. ARIVS.INCOME TAX OFFICER, TDS WARD-3, NAVSARI

In the result, both the appeals of the assessee are allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.37 & 38/Srt/2018 (िनधा"रणवष" / Assessment Years: (2013-14 & 2014-15) (Virtualcourt Hearing) State Bank Of India Income Tax Officer (Tds-3) Room No.607, Aaykar Regional Business Office-V, Navsari- Vs. Bhavan, Majura Gate, Surat- Tapi, 1St Floor, Shourya Apartment, 395001 Opp. Lunsikul Ground, Navsari- 396445 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacs 8577 K (Appellant ) (Respondent)

section 201(1) /201(1A) and in raising demand of Rs. 2,40,581/- (i.e. tax of Rs. 1,68

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

section 143(3) of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] dated 31.03.2015. 2. Grievances raised by the Revenue are as follows: “1. Whether on the facts and circumstances of the case and in Law, the Ld. CIT(A) has not erred in deleting the additions of Rs. 1,80,00,000/.- on account

JAYSHRI GOPALLAL MAHARAJSHRINI SURAT SRUSTI TRUST,SURAT vs. ITO, EXEMPTION WARD, SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

68,753/- to the income of assessee by not allowing the amount claimed as application of income & accumulation of income. 3. On the facts and circumstances of the case as well as law on the subject, even otherwise also the addition if any can be made in respect of net income i.e. after allowing the experience and that gross amount

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3,, SURAT vs. M/S. HAPPY HOME CORPORATION,, SURAT

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 68 of the I.T., which is placed on the assessee, shifts as soon as the assessee establishes the authenticity of transactions as executed between the assessee and its creditors. It is no part of the assessee's burden to prove either the genuineness of the transactions executed between the creditors and the sub-creditors

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3,, SURAT vs. M/S. HAPPY HOME CORPORATION,, SURAT

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

section 68 of the I.T., which is placed on the assessee, shifts as soon as the assessee establishes the authenticity of transactions as executed between the assessee and its creditors. It is no part of the assessee's burden to prove either the genuineness of the transactions executed between the creditors and the sub-creditors

SHRI PRAKASHBHAI HARIBHAI AHIR,SURAT vs. THE INCOME TAX OFFICER, WARD-1(3), SURAT

In the result, the grounds of appeal No

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Hearing) Shri Prakashbhai Haribhai Ahir, I.T.O., 23, Ashish Society, B/H Navyug Ward-1, (3)(8), Vs. College, Rander Road, Surat. Surat-395009. Pan No. Abfpa 9237 R Appellant/ Assessee Respondent/ Revenue

68,972/-. The assessee stated that provision of Section 194A are not applicable to HDFC bank being a banking company. The assessee furnished interest account of HDFC bank, for remaining payment of interest of Rs. 1,50,615/-, the assessee filed a certificate from Bajaj Finance and claimed that non-banking finance company included the interest income in their

DCIT, CIRCLE-1(1)(2), SURAT vs. J B SYNTEX PVT. LTD, SURAT

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.140/Srt/2020 Assessment Year: (2011-12) (Physical Hearing) The Dcit, Vs. J. B. Syntex Pvt. Ltd., Circle – 1(1)(2), B-25, Guj. Eco. Textile Park, Surat N. H. No.8, Palsana, Surat – 394315. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj9389D (Appellant) (Respondent) Shri Vinod Kumar, Sr. Dr Appellant By Shri Rasesh Shah, Ca Respondent By Date Of Hearing 17/08/2023 Date Of Pronouncement 18/10/2023

section 68 of the Act. Hon'ble High Court held the Tribunal has considered each and every finding recorded by the assessing officer as well as the CIT(A), Ahmedabad and it cannot be said that the points raised before the assessing officer, as well as the first appellate authority were not dealt with by the Tribunal. Since

THE ASSTT. COMMISSIONER OF INCOME TAX, VAPI CIRCLE,, VAPI vs. M/S. WESTERN INDIA COSTRUCTION,, DAMAN

In the result, the appeal of the Revenue is partly allowed for statistical purposes

201/-. The assessee explain that the party has credited Rs.7,30,000/- in their accounts, but, no such payment was made by the assessee. (ii) M/s. Kesar Steel'Suppliers:: Regarding this party, it is stated that the difference is on account of opening balance and there is no transactions in the year under assessment. The assesses himself has confirmed that

SHYAM CORPORATION,SURAT vs. PR. CIT-2, SURAT

In the result, the appeals of the assessees (in ITA Nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.107 & 108/Srt/2020 ("नधा"रणवष" / Assessment Year:(2015-16) (Virtual Court Hearing) Shyam Corporation, Vs. The Pcit-2, Surat. S. No. 84/1, 885 Block No.137, T.P. No.58, F.P. No.38, B/H. Siddhivinayak Complex, Bamroli, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acgfs7598M (Assessee) (Respondent) Shivam Enterprises, Vs. The Pcit-2, Surat. Tp. 43, Block No.50, Fp.30, At Post Bhimrad, Althan, Surat-395017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acdfs9748Q

1) i.e. the amount of income-tax calculated on income referred to in section 68, section 69A, section 69B, section 69C or section 69D, at the rate of thirty per cent. Despite such facts and circumstances and specific provisions of law in section 115BBE(2) of the Act, Assessing Officer has completed assessment determining

SHIVAM ENTERPRISE,ALTHAN vs. PR. CIT-2, SURAT

In the result, the appeals of the assessees (in ITA Nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.107 & 108/Srt/2020 ("नधा"रणवष" / Assessment Year:(2015-16) (Virtual Court Hearing) Shyam Corporation, Vs. The Pcit-2, Surat. S. No. 84/1, 885 Block No.137, T.P. No.58, F.P. No.38, B/H. Siddhivinayak Complex, Bamroli, Surat-394210. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acgfs7598M (Assessee) (Respondent) Shivam Enterprises, Vs. The Pcit-2, Surat. Tp. 43, Block No.50, Fp.30, At Post Bhimrad, Althan, Surat-395017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acdfs9748Q

1) i.e. the amount of income-tax calculated on income referred to in section 68, section 69A, section 69B, section 69C or section 69D, at the rate of thirty per cent. Despite such facts and circumstances and specific provisions of law in section 115BBE(2) of the Act, Assessing Officer has completed assessment determining

THE DCIT, CIRCLE-1,, BHARUCH vs. M/S. GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LTD.,, BHARUCH

In the result, this ground of appeal is also dismissed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.431/Srt/2018 (Ay 2007-08) & (Hearing In Virtual Court) Deputy Commissioner Of Gujarat Narmada Valley Income-Tax, Circle-1 Bharuch, Fertilizers & Chemicals Vs Above Bank Of Baroda, Ltd. Station Road, Bharuch- P.O. Narmada Nagar, 320001 Dist. Bharuch-392015 Pan : Aaacg 8372 Q अपीलाथ"/Appellant ""यथ" /Respondent आ.अ.सं./Ita No.432/Srt/2018 & ""या"ेप/C.O. No.12/Srt/2021 [A/O Ita No.432/Srt/2018] (Ay 2012-13) Deputy Commissioner Of Gujarat Narmada Valley Income-Tax, Circle-1 Fertilizers & Chemicals Ltd. Vs Bharuch, Above Bank Of P.O. Narmada Nagar, Dist. Baroda, Station Road, Bharuch-392015 Pan : Aaacg 8372 Q Bharuch-320001 अपीलाथ"/Appellant ""यथ" /Respondent/Co- Objector

1. On the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) erred by deleting the addition of Rs.3,58,86,421/- treating as revenue expenditure instead of capital expenditure. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) erred in deleting disallowance of Rs.4

THE DCIT, CIRCLE-1,, BHARUCH vs. M/S. GUJARAT NARMADA VALLEY FERTILIZERS & CHEMICALS LTD.,, BHARUCH

In the result, this ground of appeal is also dismissed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.431/Srt/2018 (Ay 2007-08) & (Hearing In Virtual Court) Deputy Commissioner Of Gujarat Narmada Valley Income-Tax, Circle-1 Bharuch, Fertilizers & Chemicals Vs Above Bank Of Baroda, Ltd. Station Road, Bharuch- P.O. Narmada Nagar, 320001 Dist. Bharuch-392015 Pan : Aaacg 8372 Q अपीलाथ"/Appellant ""यथ" /Respondent आ.अ.सं./Ita No.432/Srt/2018 & ""या"ेप/C.O. No.12/Srt/2021 [A/O Ita No.432/Srt/2018] (Ay 2012-13) Deputy Commissioner Of Gujarat Narmada Valley Income-Tax, Circle-1 Fertilizers & Chemicals Ltd. Vs Bharuch, Above Bank Of P.O. Narmada Nagar, Dist. Baroda, Station Road, Bharuch-392015 Pan : Aaacg 8372 Q Bharuch-320001 अपीलाथ"/Appellant ""यथ" /Respondent/Co- Objector

1. On the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) erred by deleting the addition of Rs.3,58,86,421/- treating as revenue expenditure instead of capital expenditure. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT (Appeals) erred in deleting disallowance of Rs.4

SACHIN PAREEK,SURAT vs. DCIT (CENTREL) CIRCLE-4,, SURAT

In the result, appeals filed by the assessee (in IT(SS)A No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No. 1367/Ahd/2017 ("नधा"रणवष" / Assessment Years: ( 2014-15) (Virtual Court Hearing) Sanjay Kumar Choudhary (Huf), Vs. The Acit, Central Circle-4, (Prop. M/S. Mayank Impex), Surat. C/O. 408, Saryu Diamond Complex, Jaddakhadi Mahidharpura, Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqhs5732R (Appellant) (Respondent) आयकरअपीलसं./Ita No. 1365/Ahd/2017 ("नधा"रणवष" / Assessment Years: ( 2014-15) (Virtual Court Hearing) M/S. Nazar Impex Pvt. Ltd., The Acit, Central Circle-4, Vs. C/O. 408, Saryu Diamond Complex, Surat. Jaddakhadi, Mahidharpura, Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccn3603R (Appellant) (Respondent) आयकरअपीलसं./It(Ss)A Nos.340 To 343/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2009-10 To 2012-13) (Virtual Court Hearing) Moulimani Impex Pvt. Ltd., Vs. The Dcit, Central Circle-4, C-805, Oberoi Splendor, Opp. Majas Surat. Depot, Jvlr, Jogeshwari (East) Mumbai-400060. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcm4913C (Appellant) (Respondent) आयकरअपीलसं./It(Ss)A Nos.347 To 351/Ahd/2017 ("नधा"रणवष" / Assessment Years: (2009-10 To 2013-14) (Virtual Court Hearing) Anoop Yogendra Jain, Vs. The Dcit, Central Circle-4, 406, Saryu Chambers, 4T H Floor, Surat. Jadakhadi, Mahidharpura, Surat-395003. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahopj3837B (Appellant) (Respondent)

68 and my personal savings 2. 302, Nishit Rajendra 250 Rs. 2.50 lacs in 2005 From Business Diamond S. Jain Income Complex, Mahidharpura, Surat Q.38 Please furnish the particulars of your income through these operations of accommodation entries/ bill shopping? Ans. We get only commission income at the rate of 0.2% on the value of import from the real importer