AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

68,86,710 5,42,27,490 43,74,79,184 Net Receipts from Land Plotting Expenses Land & Development Expenses 22,87,55,972 10,40,04,790 4,66,26,440 37,93,87,202 Administrative & Indirect Expenses 74,36,218 87,53,772 1,69,27,244 3,31,17,234 Total Expenses

SATYAM TEXTILE PARK,SURAT vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), SURAT

In the result the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

68 to 69 of the act. The ld. PCIT also noted that the assessee in addition to on money must have generated some profit from allotment of plots to customers. On the various observation made by ld. PCIT, the ld AR for the assessee submits that assessee has duly accounted each and every entry of the impounded materials and prepared

SATYAM TEXTILE PARK,SURAT vs. PR. COMMISSIONER OF INCOME TAX (CENTRAL), SURAT

In the result the ground No

Bench: Shri Pawan Singh & Dr Arjun Lal Saini

68 to 69 of the act. The ld. PCIT also noted that the assessee in addition to on money must have generated some profit from allotment of plots to customers. On the various observation made by ld. PCIT, the ld AR for the assessee submits that assessee has duly accounted each and every entry of the impounded materials and prepared

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)

Section 68 of the Act to prove the genuineness of cash credits received by the assessee. Before us the assessee-company has submitted in respect of each share applicants, the following details and documents to prove the Identity, Creditworthiness and Genuineness of Transactions, which are given below: (1) In respect of M/s Momentum Real Estate Pvt Ltd, the assessee

RAMBILASH RAJARAM JAJOO,SURAT vs. INCOME TAX OFFICER WARD-2(2)(4), SURAT

In the result, assessee's appeal is allowed

221\nand Rs.8,099, Total-Rs.39,320/-)\n31.03.2003 to 15.07.2010, Transaction\nStatement at Page 8-10 of Paper Book\nIndex\nSales Contract Note at Page No. 1-2 of\nPaper Book Index\nSold through SHCIL Services Limited on\nrecognised Stock Exchange- SEBI\nregistration No. IBN011253839.\nBank Statement showing Sale proceeds\nreceived on 18.07.2010 and 21.07.2010-\nvide cheque

RAMILABEN KALUBHAI KAKADIA,SURAT vs. ITO, WARD-3(2)(3), SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Ramilaben Kalubhai Kakadia, I.T.O., 62, Mira Nagar, Bhat Ni Wadi, Ward-3(2)(3), Vs. Varachha Road, Surat-395008. Surat. Pan No. Aippk 2934 G Appellant/ Assessee Respondent/ Revenue

1)(c). Thus, the Assessing officer was not sure about the limb of charges under which the penalty was initiated and levied. The penalty was levied without proper appreciation of facts vis a vis specifying specific charge. The ld. AR further submits that on identical facts in case of assessee’s daughter in law Saritaben Rahul Kakadia

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.-3, SURAT vs. SH. HARESHBHAI MOHANBHAI SAKARIYA, SURAT

In the result, Revenue’s appeal is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A No.01/Srt/2021 (Ay 2010-11) It(Ss)A No.09/Srt/2020 (Ay 2014-15) (Hearing In Physical Court) Deputy Commissioner Of Shri Dineshchandra D Income-Tax, Central Circle- Koradia, 3Room No.507, 5Th Floor, 9/10, Dayanand Society, Aayakar Bhawan, Majura B/H.Navyug College, Gate, Surat-395001 Rander Road, Surat Pan No: Acupk 3696 A Assistant Commissioner Of Vs Income-Tax, Central Circle-3, Room No.507, 5Th Floor, Aayakar Bhawan, Majura Gate, Surat-395001 Appellant / Revenue Respondent /Assessee

68 therefore, the disallowance of consequence interests is also affirm. This ground No.6 of Revenue is dismissed. 16. In the result, Revenue’s appeal in IT(SS)A No.01/SRT/2021 is dismissed. IT(SS)A No.09/SRT/2020 (for A.Y.2014-15) 17. The Revenue has raised the following grounds of appeal:- “1. On the facts and in the circumstances of the case

INCOME TAX OFFICER, SURAT vs. BORDA BROTHERS, VARACHHA ROAD, SURAT

In the result, both the appeals filed by the Department are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

68 of the Act. In appeal, Ld. CIT(A) deleted the penalty imposed under Section 271(1)(c) of the Act by holding that it is a well settled law that penalty cannot be imposed in case additions have been made on an estimated basis. While passing the order, Ld. CIT(A) made the following observations: “While passing

INCOME TAX OFFICER, WARD-3(3)(1), SURAT, SURAT vs. BORDA BROTHERS, SURAT

In the result, both the appeals filed by the Department are dismissed

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

68 of the Act. In appeal, Ld. CIT(A) deleted the penalty imposed under Section 271(1)(c) of the Act by holding that it is a well settled law that penalty cannot be imposed in case additions have been made on an estimated basis. While passing the order, Ld. CIT(A) made the following observations: “While passing

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

1,03,000/- deposited on 11/11/2016 was disallowed by the Assessing Officer. The assessee deposited Rs. 19.00 lacs being a part of SBN available with him on 09/11/2016. It shows that the order is passed without making enquiry or verification which should have been made. The Assessing Officer allowed relief without making any enquiry into the claim. The patients’ bill

PRAMOD N. PRAJAPATI,SURAT vs. THE INCOME TAX OFFICER, WARD-1, VAPI, VAPI

In the result, this appeal of assessee is dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Hearing) Pramod N. Prajapati, Pr.Cit-1, B-1, Panchvati Apartment, Valsad. Vs. Tokarkhada, Silvasa, D&Nh-396230 Pan No. Accpp 2457 J Appellant/ Assessee Respondent/ Revenue Hasmukhbhai N. Prajapati, Pr.Cit-1, E 8, Gokul Vihar, Tokarkhada, Valsad. Vs. Silvasa, D&Nh-396230 Pan No. Accpp 2456 K Appellant/ Assessee Respondent/ Revenue

221 ITR 110 (Guj). Pramod N Prajapati Vs PCIT & 1 Anr. 7. Ld. CIT(A) has failed to appreciate that assessee has disclosed full and true disclosure of all materials and has not recorded any finding contrary to such full and true disclosure of facts hence in terms of explanation 1 to Sec. 271(1

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

221 ITR 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

221 ITR 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

INCOME TAX OFFICER, WARD - 1(1)(4), SURAT vs. M/S. MANSI INDUSTRIES PVT. LTD., SURAT

In the result, ground No.2 raised by the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.111/Srt/2017 Assessment Year: (2012-13) (Physical Court Hearing) The Ito, Ward-1(1)(4), Vs. M/S. Mansi Industries Pvt. Ltd., Surat. Block No.80, Village. Navi Pardi, Tal: Kamrej, Dist. Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aafcm6514M (Revenue)/(Assessee) (Assessee)/(Respondent) Assessee By Shri Rasesh Shah, Ca Respondent By Shri H. P. Meena, Cit(Dr) Date Of Hearing 14/07/2022 29/09/2022 Date Of Pronouncement

section 68 regarding the genuineness of the transaction, stands fully satisfied by the assessee. 18. About the third condition regarding the creditworthiness of the depositors, the ld CIT(A) noted that assessing officer was mainly dissatisfied with regard to creditworthiness of the depositors quo their source of income and capital of the Lender. The assessing officer has treated

PARESHBHAI NATVARLAL SHAH,NA vs. ARIVS.INCOME TAX OFFICER, NAVSARI

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

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1007/Srt/2025 Assessment Year: 2017-18 (Hybrid Hearing) Pareshbhai Natvarlal Shah Income Tax Officer, Ward-1, बनाम/ 6-B, Sainath Society, Moroli Navsari-396 445 Vs. Bazar, Navsari-396 436 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Adfps 0044 L (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Prakash Patel, Ca राज" की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 13/11/2025 उद्घोषणा की तारीख/Date Of Pronouncement 20/11/2025

section 115BBE at 60%, which appears unjustified and excessive due to the absence of a proper finding regarding the ‘unexplained’ nature of the money. 5. The initiation of penalty proceedings u/s 271AAC is premature and unjustified since no penalty order has been passed. 6. The appellant craves leave to add, amend, alter or withdraw any of the above grounds

SACH ELECTRO MECH PVT. LTD.,,SURAT vs. PR. CIT-2, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court)

68,75,826/- and VAT of Rs. 8,78,073/- under Schedule -22 9 ITA 392/SRT/2018 Sach Electro Mech P Ltd. Vs PR.CIT of other expenses forming part of profit and loss account. In exclusive method of accounting the service tax and VAT are separately credited in the accounts and when payments are made this account is debited. So both

M/S KAMAL RAYON PVT. LTD.,,SURAT vs. ITO, WARD 1(1)(3), SURAT

In the result, appeal of the assessee is allowed

Bench: Shri C.M.Garg & Shri O.P.Meena

section 143(3) of the Income Tax Act, 1961 (for short ‘the Act’). 2. The Grounds raised by the assessee are as under : “1) Ground No.1 states that the learned CIT(A) has erred in circumstances of the case by confirming addition of Rs.1,44,15,000/- u/s. 68 without considering the submission in spite of the fact that

NEELU MAHANSARIA,SURAT vs. INCOME TAX OFFICER, WARD - 1(3)(3), SURAT

In the result, the addition of undisclosed income under section 68 is deleted

Bench: Shri Pawan Singhआ.अ.सं./Ita No.197/Srt/2023 (Ay 2011-12) (Hearing In Physical Court) Neelu Mahansaria Income Tax Officer, 304, Green Park Apartment, Ward-1(3)(3), Surat Vs City Light Road, Nr. Corner Point Complex, Surat-395007 Pan No: Adbpm 2707 Q अपीलाथ"/Appellant ""थ" /Respondent

1:7 on 14.02.2013 accordingly allotted 7000 bonus share and assessee became owner of 8000 shares thereafter shares were splitted into and holding became 80000 shares out of which assessee sold 30000 shares in financial year 2013-14 and sale transaction was received in last week of March, 2014 and consideration was not received till 31st March 2014. Thus