THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2),, SURAT vs. M/S. KEJRIWAL INDUSTRIES LTD.,, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Sandeep Gosain & Shri O.P.Meena

86,811 Confirmation not filed at all.Bk Account Kejriwal Statement and other document could not established. The creditworthiness and genuineness of transaction TOTAL 12,89,25,93 8 Thus, In the light of above fact and findings, the AO made 8. addition of Rs.12,89,25,938 under section 68

ASSISTANT COMMISSIONER OF INCOME TAX, CIR.2(1)(1), SURAT vs. M/S GALAXI FILAMENTS, SURAT

In the result, the appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.35/Srt/2022 (िनधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Assistant Commissioner Of M/S Galaxy Filaments Income-Tax, Circle-2(1)(1), Room 13-14, Sanskruti Industrial Vs. 6Th No.612, Floor, Aayakar Estate, Nr. Diamond Rose Bhavan, Nr. Majura Gate, Surat- Nursery, Laskana, Surat-395013 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aapfg 6252 M (Assessee ) (Respondent)

section 68 and various case-laws, contended that assessee had duly discharged its duty by establishing identity, creditworthiness of the lenders and genuineness of the transactions and assessee cannot be asked to prove the source of the source. This way, ld Counsel defended the order passed by ld CIT(A). 8. We have heard both the parties and perused

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

86 TTJ 0116 (Del) The ld CIT(A) noted that assessee has discharged primary onus and after discharging of the primary onus by the assessee, the assessing officer needs to verify the fulfillment of the three conditions of section 68

DCIT, CIRCLE-1(1)(1), SURAT vs. DIVA DIAMONDS PVT. LTD, SURAT

In the result, appeal filed by the assessee in ITA No

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.128/Srt/2020 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Deputy Commissioner Of Diva Diamonds Pvt.Ltd., Income-Tax, Circle-1(1)(1), 302, Gokul Building, Vs. Mahidharpura, Pipla Sherry, 1St Room No.108, Floor, Surat-395007 Aayakar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Appellant) (Respondent) Cross Objection No.13/Srt/2020 [Arising In Ita No.128/Srt/2020] ("नधा"रणवष" / Assessment Years: (2014-15) Diva Diamonds Pvt.Ltd., Deputy Commissioner Of 302, Gokul Building, Income-Tax, Circle-1(1)(1), Vs. Mahidharpura, Pipla Sherry, 1St Room No.108, Floor, Surat-395007 Aayakar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Applicant) (Respondent) आयकर अपीलसं./Ita No.313/Srt/2019 ("नधा"रणवष" / Assessment Years: (2014-15) Diva Diamonds Pvt. Ltd., Principal Cit-1,Surat 1St 302, Gokul Building, Room No.123, Floor, Vs. Mahidharpura, Pipla Sherry, Aayakar Bhavan, Majura Surat-395007 Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Appellant) (Respondent)

86,78,072 2 Sahil Enterprises 1,13,905 3 Mahak Enterprise 1,22,320 4 Sparsh Impex 5,00,52,671 5 Arhant Exports 5,00,57,441 6 Yatin Enterprises 52,03,383 7 Vatsal Enterprises 5,04,950 11,47,32,742 ITA.128/SRT/2020 & CO.13/SRT/2020 & ITA No.313/SRT/2019 AY.2014-15 Therefore, assessing officer made addition of Rs.11

DIVA DIAMONDS PVT. LTD,SURAT vs. PR. COMMISSIONER OF INCOME TAX, SURAT

In the result, appeal filed by the assessee in ITA No

Bench: Shripawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./Ita No.128/Srt/2020 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Deputy Commissioner Of Diva Diamonds Pvt.Ltd., Income-Tax, Circle-1(1)(1), 302, Gokul Building, Vs. Mahidharpura, Pipla Sherry, 1St Room No.108, Floor, Surat-395007 Aayakar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Appellant) (Respondent) Cross Objection No.13/Srt/2020 [Arising In Ita No.128/Srt/2020] ("नधा"रणवष" / Assessment Years: (2014-15) Diva Diamonds Pvt.Ltd., Deputy Commissioner Of 302, Gokul Building, Income-Tax, Circle-1(1)(1), Vs. Mahidharpura, Pipla Sherry, 1St Room No.108, Floor, Surat-395007 Aayakar Bhavan, Majura Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Applicant) (Respondent) आयकर अपीलसं./Ita No.313/Srt/2019 ("नधा"रणवष" / Assessment Years: (2014-15) Diva Diamonds Pvt. Ltd., Principal Cit-1,Surat 1St 302, Gokul Building, Room No.123, Floor, Vs. Mahidharpura, Pipla Sherry, Aayakar Bhavan, Majura Surat-395007 Gate, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcd 1389 H (Appellant) (Respondent)

86,78,072 2 Sahil Enterprises 1,13,905 3 Mahak Enterprise 1,22,320 4 Sparsh Impex 5,00,52,671 5 Arhant Exports 5,00,57,441 6 Yatin Enterprises 52,03,383 7 Vatsal Enterprises 5,04,950 11,47,32,742 ITA.128/SRT/2020 & CO.13/SRT/2020 & ITA No.313/SRT/2019 AY.2014-15 Therefore, assessing officer made addition of Rs.11

VITRAG PRINTS,SURAT vs. NFAC, DELHI

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.338/Srt/2023 Assessment Year: (2015-16) (Physical Hearing) Vitrag Prints, Vs. The Acit (Osd), K-2619 To 2622, Millenium Ward -1(2)(5), Textile Market Ring Road, Surat. Surat - 395002 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aalfv5612L (Appellant) (Respondent) Appellant By Shri Jaykishan Goel, Ca Shri Vinod Kumar, Sr. Dr Respondent By 22/09/2023 Date Of Hearing Date Of Pronouncement 14/12/2023

86 ITR 489. In fact it has to be stated that all these documents, viz., schedules of the balance sheet, are self-serving devices in furtherance of the cause of the assessee and it cannot be relied upon in view of the judgment of the Supreme Court in the case of Durga Prasad More (supra

VIJAYBHAI MALABHAI BHARWAD,SURAT vs. ASST. COMMISSIONER OF INCOME TAX, CIR.,-1(2), SURAT

In the result, ground no.2 raised by the assessee in ITA

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर(खोज-और-ज"ती)अपील सं/It(Ss)A Nos.23 & 24/Srt/2021 (Assessment Years: 2012-13 & 2013-14) (Physical Hearing) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 3, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.118/Srt/2021 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Acit, B-58, Chandramani Apartment, Circle -1(2), Udhana Magdalla Road, Surat - 395007 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.121/Srt/2021 (Assessment Year: 2014-15) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 2, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर(खोज-और-ज"ती)अपील सं It(Ss)A Nos.90/Srt/2022 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Dcit, B-58, Chandramani Apartment, Central Circle – 3, Udhana Magdalla Road, Surat. Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent)

68 of the Act. On considering the above facts in totality, it is found that the assessee has discharged onus of proving identity, genuineness of the transaction & creditworthiness of the creditor, therefore, addition of Rs, 9 lakh made by the AO are deleted. xxix) The assessee has obtained loan from the following persons during the year. The assessee submitted confirmation

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIR.,2, SURAT vs. VIJAYBHAI MALABHAI BHARWAD, SURAT

In the result, ground no.2 raised by the assessee in ITA

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर(खोज-और-ज"ती)अपील सं/It(Ss)A Nos.23 & 24/Srt/2021 (Assessment Years: 2012-13 & 2013-14) (Physical Hearing) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 3, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.118/Srt/2021 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Acit, B-58, Chandramani Apartment, Circle -1(2), Udhana Magdalla Road, Surat - 395007 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर अपील सं./Ita No.121/Srt/2021 (Assessment Year: 2014-15) The Dcit, Vs. Vijaybhai Malabhai Bharwad, Central Circle – 2, B-58, Chandramani Apartment, Surat. Udhana Magdalla Road, Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent) आयकर(खोज-और-ज"ती)अपील सं It(Ss)A Nos.90/Srt/2022 (Assessment Year: 2014-15) Vijaybhai Malabhai Bharwad, Vs. The Dcit, B-58, Chandramani Apartment, Central Circle – 3, Udhana Magdalla Road, Surat. Surat - 395007 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aclpv4173C (Appellant) (Respondent)

68 of the Act. On considering the above facts in totality, it is found that the assessee has discharged onus of proving identity, genuineness of the transaction & creditworthiness of the creditor, therefore, addition of Rs, 9 lakh made by the AO are deleted. xxix) The assessee has obtained loan from the following persons during the year. The assessee submitted confirmation

ITO, WARD-2(2)(4), SURAT vs. SHRI UMESH P BANSAL, SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

86,479 + Rs.165,87,893 + Rs.2,90,74,235). Considering the Gross Profit of 9.3%, shown by the assessee, in the Audit Report, the Gross Profit of 9.3% was also calculated by the assessing officer on the unaccounted turnover of the assessee and accordingly the gross profit (GP) of Rs.62,72,720/- being 9.3% of Rs.6

UMESHKUMAR P BANSAL,SURAT vs. ITO, WARD-2(2)(4), SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

86,479 + Rs.165,87,893 + Rs.2,90,74,235). Considering the Gross Profit of 9.3%, shown by the assessee, in the Audit Report, the Gross Profit of 9.3% was also calculated by the assessing officer on the unaccounted turnover of the assessee and accordingly the gross profit (GP) of Rs.62,72,720/- being 9.3% of Rs.6

ITO, WARD-2(2)(4), SURAT vs. SHRI UMESH P BANSAL, SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

86,479 + Rs.165,87,893 + Rs.2,90,74,235). Considering the Gross Profit of 9.3%, shown by the assessee, in the Audit Report, the Gross Profit of 9.3% was also calculated by the assessing officer on the unaccounted turnover of the assessee and accordingly the gross profit (GP) of Rs.62,72,720/- being 9.3% of Rs.6

UMESHKUMAR P BANSAL,SURAT vs. ITO, WARD-2(2)(4), SURAT

In the result, ground No.1 raised by the Revenue in ITA

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

86,479 + Rs.165,87,893 + Rs.2,90,74,235). Considering the Gross Profit of 9.3%, shown by the assessee, in the Audit Report, the Gross Profit of 9.3% was also calculated by the assessing officer on the unaccounted turnover of the assessee and accordingly the gross profit (GP) of Rs.62,72,720/- being 9.3% of Rs.6

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3),, SURAT vs. M/S. SHHLOK ENTERPRISE,, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Court Hearing) Deputy Commissioner Of Income Vs. M/S. Shhlok Enterprise, Tax, Circle-2(3), Surat Block No.292, Plot No.135/B, Shhlok Arcede, Bamroli Road, Surat. Pan : Abufs8091E Appellant Respondednt

86,54,117/- on account of difference in receipts as per impounded materials and regular books of accounts.” 2. Brief facts of the case that the assessee is a partnership firm engaged in the construction of residential and commercial 2 M/s. Shhlok Enterprise properties. For the year under consideration the assessee filed its return of income on 31st August

KISHORKUMAR DHIRAJLAL KATHROTIYA,SURAT vs. DCIT, CENTRAL CIRCLE-4, , SURAT

In the result the appeal filed by the Revenue in ITA No

section 115BBE is also incorrect, as the additions are\nrelate to business income arising from the real estate project. Thus\nthe Grounds raised by the assessee are allowed.\n13. In the result the appeal filed by the assessee in ITA No.\n476/SRT/2023 is allowed.\nITA No.531/Ahd/2023 for A.Y. 2018-19\n14. The Grounds of Appeal raised by the Revenue

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

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)

86). Therefore, the assessee, who was farmer for the period of 6 years (from 26.10.2004 to 19.05.2010) cannot be treated as businessman (trader), hence, the “Capital Gain” shown by the assessee cannot be taxed as “Business Income”. 12. We note that later on, the entire area of land of assessee, was merged and the Municipal limits of Surat Municipal Corporation

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