AJAY REGHUBHAI BHARWAD,VADODARA vs. THE ITO, WARD-1(2)(1), VADODARA

In the result, the appeals filed by the Assessees are dismissed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

section 45(1) of the act, any profits or gains arising from the transfer of a capital asset effected in the previous year I.T.A No. 595, 596 & 597/Ahd/2020 A.Ys. 2009-10 & 2010-11 Page No 10 Shri Piyush M. Dobariya vs. ITO & Ors. shall be chargeable to income-tax under the head "Capital gains" with certain conditions and exemptions

THE ITO, WARD-1(2)(3), AHMEDABAD vs. SHRI MAHESH SOMABHAI PATEL, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

capital gain shown by the assessee. Likewise we also note that the assessee has discharged the onus imposed under section 68 of the Act by furnishing the necessary documentary evidence in support of the identity, genuineness of transaction and creditworthiness of the parties. Therefore the same cannot be made subject to tax under the provisions of section

SABBIRALI ALIMIYA SAIYED,VADODARA vs. THE ITO, WARD-3(1)(1),, VADODARA

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No. 904/Ahd/2018 िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष"/Asstt. Year: 2014-15 वष"

capital gains in a short period, does not mean that the transaction is bogus as all the documents and evidences have been produced. (viii) The opportunity of cross examination has not been extended to the assessee despite having the request from the assessee. 7.7 It is also important to note that the assessee was holding 10 lakh shares M/s AGIL

THE ITO, WARD-1(3)(4), AHMEDABAD vs. SHRI NILESHKUMAR DASHRATHBHAI PATEL, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gain shown by the assessee. Likewise we also note that the assessee has discharged the onus imposed under section 68 of the Act by furnishing the necessary documentary evidence in support of the identity, genuineness of transaction and creditworthiness of the parties. Therefore the same cannot be made subject to tax under the provisions of section

DCIT CIRCLE-3(3), AHMEDABAD vs. SHRI ALPESHKUMAR C.PATEL, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 1908/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2011-2012 Alpeshkumar C. Patel, A.C.I.T., 503, Milestone Building, Vs. Circle-3(3), Drive In Road, Ahmedabad. Thaltej, Ahmedabad-380052. Pan: Aeapp9489G

capital gain in the event the assessee makes the sale of its bungalow in dispute. It is because the revenue has not doubted on the incurrence of such expenses while framing the assessment. Besides the above, all the necessary details of the construction expenses were made available to the authorities below along with the addresses and the payments were made

ALPA UDAYKUMAR SHAH,,BHAVNAGAR vs. ITO, WARD-1(2),, BHAVNAGAR

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed, Accountant Memebr & Shri Siddhartha Nautiyal, Judicial Memebr

capital gain shown by the assessee. Likewise we also note that the assessee has discharged the onus imposed under section 68 of the Act by furnishing the necessary documentary evidence in support of the identity, genuineness of transaction and creditworthiness of the parties. Therefore the same cannot be made subject to tax under the provisions of section

SHAILESH M PATEL-HUF,AHMEDABAD vs. ITO, WARD-3(3)(5), AHMEDDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 280/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2015-16 Shailesh M. Patel Huf, Income Tax Officer, C/O Ketan H. Shah, Advocate, Vs. Ward-3(3)(5), 512, Times Square-I, Ahmedabad. Opp. Ram Baug Bunglow, Thaltej Shilaj Road, Ahmedabad.

capital gains in a short period, does not mean that the transaction is bogus as all the documents and evidences have been produced. (x) Opportunity of cross examination was not given which was essential for deciding the issue on hand. 8.5 In our view, just the modus operandi, generalisation, preponderance of human probabilities cannot be the only basis for rejecting

HARSHADKUMAR HARGOVANDAS PATEL,KALOL vs. THE ITO, WARD-4, MEHSANA

In the result, the appeal of the assessee is allowed for statistical\npurposes

Capital Gains, had adopted the\nFair Market Value (FMV) as on 01.04.1981 at ₹250 per square meter based\non a detailed valuation report prepared by a Government-approved registered\nvaluer. The said report, containing all relevant details, was furnished before\nthe Assessing Officer and is placed at pages 61 to 76 of the paper book.\nDespite this, the Assessing Officer

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DELHI (PRESENT JURISDICTION- THE DY. CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133/- to the income the assessee. The AO then examined allocation of employee benefit expenses to the Guwahati Unit, which was claiming deduction under section 80-IE of the Act. The AO observed that while the assessee allocated depreciation and other common expenses in the ratio of Guwahati sales to total sales, assessee adopted a different method division only

DCIT CIRCLE-2(1)(1), AHMEDABAD, VEJALPUR vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT, BODAKDEV AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133/- to the income the assessee. The AO then examined allocation of employee benefit expenses to the Guwahati Unit, which was claiming deduction under section 80-IE of the Act. The AO observed that while the assessee allocated depreciation and other common expenses in the ratio of Guwahati sales to total sales, assessee adopted a different method division only

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DELHI (PRESENT JURISDICTION - THE DY. CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133/- to the income the assessee. The AO then examined allocation of employee benefit expenses to the Guwahati Unit, which was claiming deduction under section 80-IE of the Act. The AO observed that while the assessee allocated depreciation and other common expenses in the ratio of Guwahati sales to total sales, assessee adopted a different method division only

DCIE CIRCLE-2(1)(1), AHEMDABAD, VEJALPUR vs. ERIS LIFESCIENCES LIMITED SHIVARTH AMBIT, BODAKDEV AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133/- to the income the assessee. The AO then examined allocation of employee benefit expenses to the Guwahati Unit, which was claiming deduction under section 80-IE of the Act. The AO observed that while the assessee allocated depreciation and other common expenses in the ratio of Guwahati sales to total sales, assessee adopted a different method division only

DCIT, CIRCLE-2(1)(1) AHMEDABAD, AHMEDABAD vs. ERIS LIFESCIENCE LIMITED SHIVARTH AMBIT, AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133/- to the income the assessee. The AO then examined allocation of employee benefit expenses to the Guwahati Unit, which was claiming deduction under section 80-IE of the Act. The AO observed that while the assessee allocated depreciation and other common expenses in the ratio of Guwahati sales to total sales, assessee adopted a different method division only

ERIS LIFESCIENCES LIMITED,AHMEDABAD vs. NFAC, DEHI (PRESENT JURISDICTION- THE DY.CIT, CIRCLE-2(1)(1)), AHMEDABAD

In the result, for assessment year 2022-23, the appeal of the Department is partly allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

133/- to the income the assessee. The AO then examined allocation of employee benefit expenses to the Guwahati Unit, which was claiming deduction under section 80-IE of the Act. The AO observed that while the assessee allocated depreciation and other common expenses in the ratio of Guwahati sales to total sales, assessee adopted a different method division only

VIJAY K PATEL-HUF,AHMEDABAD vs. ITO, WARD-4(2)(5), AHMEDABAD

In the result, the appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gains in a short period, does not mean that the transaction is bogus as all the documents and evidences have been produced. (x) Opportunity of cross examination was not given which was essential for deciding the issue on hand. 8.5 In our view, just the modus operandi, generalisation, preponderance of human probabilities cannot be the only basis for rejecting

M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,,AHMEDABAD vs. THE DCIT, (OSD) CIRCLE-8,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 1582/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2012-2013 M/S. Venus Infrastructure & D.C.I.T.,(Osd) Developers (P) Ltd., Vs. Central Circle-8, 801-802, Broadway Business Ahmedabad. Centre, Opp. Mayor’S Bungalow, Law Garden Ellisbridge, Ahmedabad. Pan: Aahcs6254J

gain on transfer of share after claiming indexed cost of acquisition as the holding period of shares by assessee was for more than 12 month by virtue of proviso to section 2(42A) of the Act read with section 2(29A) of the Act. Thus, the assessee choses one option out of two legally permissible options which it deem most

VISHALA HITESH LOONIA,AHMEDABAD vs. ACIT., CIRCLE-5(1),, AHMEDABAD

In the result, the appeal of the assessee is allowed

capital gain as bogus and delete the i consequential addition. 6.1 Again, Kolkata ITAT in the case of Smt. Rachna Agarwal 404/Kol/2021 has given relief to the assessee in respect of the same shares (GCM Securities Ltd) and in respect of similar set of facts, which the assessee has sold during the impugned assessment year. The relevant extracts

RAJESH BALVANTRAI BRAHMBHATT,AHMEDABAD vs. THE PR. CIT(CENTRAL), AHMEDABAD

In the result, the appeals of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokar

capital gain in the regular course. Thus, the allegation in the 263 proceedings that the Ld. AO has not examined the income offered amounting to Rs. 2.30 crore is only in the grab of change of opinion by the Ld.PCIT. Reliance is placed on the decision of Hon'ble Supreme Court in the case of Pr.CIT-8, Mumbai vs. Sumatichand