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

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

section 154 of the\nAct, as the correct sale consideration for computation of capital gains\nshould have been ₹67,56,900/- in accordance

MAUNANG FARMS PVT.LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(1)(4),(NOW ACIT., CENTRAL CIRCLE-1(3),, AHMEDABAD

In the result, appeal filed by the assessee is partly allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

Capital Gain u/s.50C as made by the Ld. AO. 2. The Ld.CIT(A) has erred in law and on facts in not properly considering the submission made by the appellant company wherein, it was contended that the property sold by the appellant company was litigated property and there were various litigations in the said property and it was not possible

ISMAIL ABDULAZIZ LAKHANI,BHAVNAGAR vs. ITO, WARD-1(1), BHAVNAGAR

In the result, appeal filed by the assessee is allowed

Bench: the same were transferred through registered broker, on the floor of the recognized stock exchange, after suffering Security Transaction Tax and ultimately settled through proper banking channel) as unaccounted income under Section 68 of the Act amounting to Rs.1,51,12,000/-.

section 69C of the Act amounting to Rs.3,02,240/- to the income of the appellant. 5. Your Appellant reserves the right to add, alter, amend and withdraw any of the above grounds of appeal.” 3. The solitary issue in the present appeal relates to long capital gain earned by the assessee during the impugned year on sale of shares

SHAMA AJAY PATEL,AHMEDABAD vs. THE CIT(IT & TP), AHMEDABAD

The appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2017-18 Shama Ajay Patel, Vs. 2, Chandroday Society, The Cit(It & Tp), Opp. Golden Triangle, Sp Ahmedabad Stadium Road, Navjivan Post, Ahmedabad-380014 Pan : Alxpp 5273 E अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Sunil Talati, Ar Revenue By : Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01.02.2024 घोषणा क" तारीख /Date Of Pronouncement: 26.04.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (It & Tp), Ahmedabad [Hereinafter Referred To As Ld. "Cit(It & Tp)" For Short] Dated 08.02.2023, In Exercise Of His Revisionary Powers Under Section 263 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], For The Assessment Year (Ay) 2017-18. 2. The Grounds Raised By The Assessee Challenging The Impugned Order Of The Ld. Cit (It & Tp) Reads As Under:- “1. The Ld. Cit Has Erred In Passing Order U/S 263 Without Jurisdiction & Appropriate Powers Available Under The Act. It Is Submitted That The Order Passed U/S. 263 Is Bad In Law As A.O. Has Neither Committed Any Error Nor It Is Prejudicial To The Interest Of Revenue. It Be Held Now.

capital gain amounting to Rs.51,16,561.25/- i.e. through colorable devices and offered for taxation at a lower rate of 15% instead of 30%. By offering STCG, the assessee has planned to save 15% tax on income earned during the year. The assessee has claimed said STCG in order to route her unaccounted money. In fact, the bogus income

THE UNITED BUILDERS CORPORATION ,,AHMEDABAD vs. DY.CIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

section 153C.\nThus, the contention of Assessee raised with respect to Satisfaction\nNote lacks foundation.\n2) On Merit\nCapital Gain Addition\nArguments by Assessee\n(A) Confirming addition of Rs.3,42,41,628 made in respect of capital\ngain\nAmount received in compensation by erstwhile prospective buyer from\nultimate buyer, where assessee has no role to play, cannot be added

MODERN CONSTRUCTION CO. PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

section 153C.\nThus, the contention of Assessee raised with respect to Satisfaction\nNote lacks foundation.\n2) On Merit\nCapital Gain Addition\nArguments by Assessee\n(A) Confirming addition of Rs.3,42,41,628 made in respect of capital\ngain\nAmount received in compensation by erstwhile prospective buyer from\nultimate buyer, where assessee has no role to play, cannot be added

THE MODERN CONSTRUCTION CO. PVT. LTD.,AHMEDABAD vs. ITO, WARD-2(1)(4), AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

section 153C.\nThus, the contention of Assessee raised with respect to Satisfaction\nNote lacks foundation.\n2) On Merit\nCapital Gain Addition\nArguments by Assessee\n(A) Confirming addition of Rs.3,42,41,628 made in respect of capital\ngain\nAmount received in compensation by erstwhile prospective buyer from\nultimate buyer, where assessee has no role to play, cannot be added

NITABEN RASIKBHAI PATEL,ANAND vs. THE ITO, WARD- 1(3)(2) NOW WARD-1(3)(1), PETLAD

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

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकरअपीलसं./Ita No.687/Ahd/2023 धििाधरणवरध/Asstt. Year: 2011-2012 Nitaben Rasikbhai Patel, Income Tax Officer, Moti Khadki At Sisva, Vs. Ward-1(3)(2), Ta Borsad, Now Ward 1(3)(1), Anand-388540. Petlad.

section 144 r.w.s. 147 of the Act. 7. Besides the above the Ld. AR also submitted that the land in dispute, being agriculture land, cannot be made subject to tax under the head capital gain. As per the Ld. AR the land in dispute is not a capital asset chargeable to tax under the head capital gain

ACIT, CIRCLE-1(1)(1), AHMEDABAD, VEJALPUR, AHMEDABAD vs. AIA ENGINEERING LIMITED, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed, whereas the appeal filed by the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 397/Ahd/2024 िनधा"रण वष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Dcit Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J आयकर अपील सं / Ita No. 532/Ahd/2024 िनधा"रणवष"/Assessment Year: 2016-17 बनाम Aia Engineering Limited, Acit, Vs. 115, Gvmm Estate, Odhav Road, Circle-1(1)(1), Odhav, Ahmedabad-382415 Ahmedabad Pan : Aabca 2777 J अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" िनधा"रती की ओर से / Assessee By : Shri Tushar Hemani, Sr. Advocate & Shri Parimalsinh B. Parmar, Ar ""थ" की ओर से / Revenue By : Shri Pratik Sharma, Sr Dr & Shri Sudhendu Das, Cit-Dr तारीख/Date Of Hearing : 09.10.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 21.10.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश आदेश/O R D E R आदेश आदेश

154 dt. 06.02.2020) on electrical fittings u/s 32 of the Act?" 3. The appellant craves leave to amend or alter any ground or add a new ground, which may be necessary. It is, therefore, prayed that the order of Ld. CIT(A) may be set aside and that of the Assessing Officer be restored". 3. At the outset itself

SHRI ANILKUMAR M. JAIN,AHMEDABAD vs. THE ACIT, CIRCLE-5(2), AHMEDABAD

In the result, appeal of the assessee is dismissed

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2012-13

Capital Gain (LTCG) under Section 10(38) of the Act amounting to Rs.15,74,602/- from sale of equality shares of Alpha Graphic India Limited. The Assessing Officer further observed that the all the shares of Alpha Graphic India Limited were sold in the month of March 2014 but the details of purchase was not given to the Assessing Officer

THE DY.CIT, CIRCLE-3(1)(1)., AHMEDABAD vs. N.K. INDUSTRIES LTD., AHMEDABAD

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B.R.R. Kumarms. Suchitra Kamble

section 40(a)(ia) of the Act. The Ld. A.R. relied upon the decision of Hon’ble Apex Court in case of Tuticorin Alkali Chemicals & Fertilizers Ltd. vs. CIT (1997) 227 ITR 172 (SC), Mc Dowell & Co. Ltd. (1985) 154 ITR 148 (SC), Virtual 400 ITR 409 and 370 ITR 547 (SC). The Ld. A.R. also relied upon the decision

THE DY.CIT, CIRCLE-3(1)(1)., AHMEDABAD vs. N.K. INDUSTRIES LTD., AHMEDABAD

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B.R.R. Kumarms. Suchitra Kamble

section 40(a)(ia) of the Act. The Ld. A.R. relied upon the decision of Hon’ble Apex Court in case of Tuticorin Alkali Chemicals & Fertilizers Ltd. vs. CIT (1997) 227 ITR 172 (SC), Mc Dowell & Co. Ltd. (1985) 154 ITR 148 (SC), Virtual 400 ITR 409 and 370 ITR 547 (SC). The Ld. A.R. also relied upon the decision

N.K. INDUSTRIES LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1), AHMEDABAD

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B.R.R. Kumarms. Suchitra Kamble

section 40(a)(ia) of the Act. The Ld. A.R. relied upon the decision of Hon’ble Apex Court in case of Tuticorin Alkali Chemicals & Fertilizers Ltd. vs. CIT (1997) 227 ITR 172 (SC), Mc Dowell & Co. Ltd. (1985) 154 ITR 148 (SC), Virtual 400 ITR 409 and 370 ITR 547 (SC). The Ld. A.R. also relied upon the decision

N.K. INDUSTRIES LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1), AHMEDABAD

In the result, the appeal of the assessee on this ground is allowed

Bench: Dr. B.R.R. Kumarms. Suchitra Kamble

section 40(a)(ia) of the Act. The Ld. A.R. relied upon the decision of Hon’ble Apex Court in case of Tuticorin Alkali Chemicals & Fertilizers Ltd. vs. CIT (1997) 227 ITR 172 (SC), Mc Dowell & Co. Ltd. (1985) 154 ITR 148 (SC), Virtual 400 ITR 409 and 370 ITR 547 (SC). The Ld. A.R. also relied upon the decision

SH. BHAVESHKUMAR GANSHYAM PATEL,VADODARA, GUJARAT vs. INCOME TAX OFFICER WARD 1(2)(1), VADODARA, VADODARA, GUJARAT

In the result, the appeal is allowed for statistical purposes

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2015-16 Shri Bhaveshkumar Ganshyam Patel Ito, Ward-1(2)(1) 446 Patel Faliya Vs. Vadodara. Moti Khadaki, Tb Sanatorium So Vadodara, Gujarat. Pan : Aunpp 1026 C (Applicant) (Responent) : Assessee By Ms.Nikhita Bhamblani, Ca & Shri Virat Bhavsar, Ar : Ms.Urvashi Mandhan, Sr.Dr. Revenue By सुनवाई क" तारीख/Date Of Hearing : 16/06/2025 घोषणा क" तारीख /Date Of Pronouncement: /06/2025 आदेश आदेश/O R D E R आदेश आदेश

154 on 12.01.2022 wherein the FMV was determined at Rs.12,87,400/- (assessee’s 1/3rd share), and consequential long-term capital gain was recomputed at Rs.1,26,76,643/-, resulting in net additional income of Rs.37,40,058/-. However, penalty was levied by the AO on the originally assessed addition of Rs. 1,60,01,434/-, determining tax sought

SANJAY JAYANTILAL SHAH,AHMEDABAD vs. THE ITO, WARD-2(1)(1), AHMEDABAD

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

Bench: S/Shri Sanjay Garg & Makarand V.Mahadeokarasstt.Year : 2014-2015 Sanjay Jayantilal Shah Ito, Ward-2(1)(1) 202/A, Shivalik 10 Vs. Vejalpur Opp: Sbi Zonal Office Ahmedabad. Ambawadi, Ahmedabad 380 015 Pan : Aktps 8891 A (Applicant) (Responent) : Assessee By Shri S.N. Divatia & Shri Samir Vora, Ars. : Shri Kalpesh Rupavatia, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 30/09/2025 घोषणा क" तारीख /Date Of Pronouncement: 07/10/2025 आदेश/O R D E R आदेश आदेश आदेश Per Makarand V.Mahadeokar, Am: This Appeal By The Assessee Is Directed Against The Order Dated 29.11.2024 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, [Hereinafter Referred To As "Cit(A)"], For The Assessment Year 2014–15, Arising Out Of The Assessment Order Dated 31.03.2022 Passed U/S 147 Read With Section 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As "The Act") By The National Faceless Assessment Centre, Delhi [Hereinafter Referred To As "Assessing Officer Or Ao"].

154 ITR 148), and other authorities to hold that the apparent must be considered in the light of surrounding circumstances and the test of human probabilities must be applied. On such analysis, the Assessing Officer came to the conclusion that the claim of Long Term Capital Gain was not genuine. 2.5 Consequently, the Assessing Officer treated the amount of Rs.1

HETIKA MAYANKKUMAR PATEL,AHMEDABAD vs. THE ITO, WARD-5(2)(2), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Justice(Retd.) C V Bhadang & Dr.Brr Kumar

154 on the ITBA. However, it was rejected without assigning any reason and income under the head “Income from other sources” was determined at Rs.27,76,297/- as against Rs.3,68,937/- as shown in return. 4. The assessee submitted that the AO has made addition of Rs.43,76,770/- on account of the mismatch between the income

THE DCIT, CIR-3(1)(1), AHMEDABAD vs. M/S. NIRMA LIMITED,, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

gains would be determined in the prescribed manner. Rule 8AC has been prescribed for this purpose.  Section 55: Meaning of 'Cost of Acquisition' in case of Goodwill of Business or Profession has been amended to provide that • in case it is acquired from a previous owner, the cost would be the amount of purchase price paid. • in case

M/S. NIRMA LIMITED,,AHMEDABAD vs. THE DCIT, CIRCLE-3(1)(1),, AHMEDABAD

In the result, all the appeals filed by the Revenue and the appeals for AYs 2012-

Bench: Dr. B.R.R. Kumar, Vice- & Ms. Suchitra R. Kamble

gains would be determined in the prescribed manner. Rule 8AC has been prescribed for this purpose.  Section 55: Meaning of 'Cost of Acquisition' in case of Goodwill of Business or Profession has been amended to provide that • in case it is acquired from a previous owner, the cost would be the amount of purchase price paid. • in case