DCIT, CENTRAL CIRCLE-2, SURAT, SURAT vs. DHANPRIYA PRINTS PVT. LTD.,, 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.

iv). Share certificate issued to the allottee, i.e. M/s Rangila Suppliers Pvt. Ltd. (v) PAN Number and address. Based on these documents and evidences, the ld Counsel contended that assessee has discharged its onus as required in the section 68 of the Act and identity of the creditor, genuineness of the transactions & creditworthiness of the creditors have been proved

KIRTIPRADA FASHIONS PVT. LTD.,SURAT vs. ITO, WARD -1(1)(3), SURAT

In the result, appeal of the assessee is allowed

35,000/- which may be the subject matter of addition under section 68 of the Act. Therefore, Assessing Officer has erred in making addition to the tune of Rs.81,50,000/- under section 68 of the Act which is pertaining to the AY.2011-12. Assessment Year. 2012-13 11. Before we adjudicate as to whether

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

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

iv) Non-verification of cash payment for purchase of land (only in AY 2014- 15)  (v) Non-verification of cash expenses incurred on consolidation and conversion of land of Rs. 2.75 Crore (only in AY 2015-15),  (vi) Genuineness of cash loan (in all three AYs),  (vii) Non-initiation of penalty under section 271B&271D

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

iv) Non-verification of cash payment for purchase of land (only in AY 2014- 15)  (v) Non-verification of cash expenses incurred on consolidation and conversion of land of Rs. 2.75 Crore (only in AY 2015-15),  (vi) Genuineness of cash loan (in all three AYs),  (vii) Non-initiation of penalty under section 271B&271D

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

iv) Non-verification of cash payment for purchase of land (only in AY 2014- 15)  (v) Non-verification of cash expenses incurred on consolidation and conversion of land of Rs. 2.75 Crore (only in AY 2015-15),  (vi) Genuineness of cash loan (in all three AYs),  (vii) Non-initiation of penalty under section 271B&271D

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)

35,60,379 23,34,727 18,83,13,147 45,00,000 2.39 % Private Limited Season Multitrade 24,19,147 - 20,93,94,686 45,00,000 2.15 % Private Limited Momentum Real 7,32,25,318 3,59,028 40,94,39,510 70,00,000 1.71 % Estate Private Limited Goriputra Metal

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

68 of the Act, therefore the question of applicability of section 115BBE of the Act, does not arise, hence we allow ground No.6 raised by the assessee. 32. In the result, assessee`s appeal in ITA No. 195/SRT/2022, is partly allowed in above terms. 33. Now we shall take Summarised and concise Grounds of appeal raised by the assessee

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

68 of the Act, therefore the question of applicability of section 115BBE of the Act, does not arise, hence we allow ground No.6 raised by the assessee. 32. In the result, assessee`s appeal in ITA No. 195/SRT/2022, is partly allowed in above terms. 33. Now we shall take Summarised and concise Grounds of appeal raised by the assessee

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

68 of the Act, therefore the question of applicability of section 115BBE of the Act, does not arise, hence we allow ground No.6 raised by the assessee. 32. In the result, assessee`s appeal in ITA No. 195/SRT/2022, is partly allowed in above terms. 33. Now we shall take Summarised and concise Grounds of appeal raised by the assessee

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

section 68, namely, the identity, creditworthiness and genuineness of the share capital and share premium received by it from share subscribers companies. 13. We note that ld CIT(A) in his appellate order has discussed each share applicant company. The various inquiries conducted by the AO in regard to these three investor companies and the assessee’s submission

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

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997

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

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997

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

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997

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

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997

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

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997

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

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997

ENVIRO TECHNOLOGY LTD.,,ANKLESHWAR vs. THE ADDITIONAL COMMISSIONER OF INCOME TAX, BHARUCH CIRCLE,, BHARUCH

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

iv) of sub-Section (4) of Section 80IA. As per report in Form 10CCB furnished by assessee, the date of commencement of operation/activity by undertaking is 15/02/1997. The sub-clause (b) was substituted by the Finance Act, 2001 w.e.f. 01/04/2002. The Assessing Officer after recording the amended provisions, held that new infrastructure facility came into existence on 15/02/1997