KUM. NALINI SURRENDRABHAI PATEL,,BARODA vs. THE INCOME TAX OFFICER, WARD-2(1),, BARODA

In the result, the appeal of the assessee is allowed

capital gain in Flat No.304, Suramiya Apartments, Vadodara. The above return was transferred to ITO(International Taxation), Baroda. After issuance of notice under section 142(1) calling for various details, the returned income was accepted and claim of deduction under section 54 and 54F has been accepted in the case of the assessee’s brother, who was owning 50% share

YOGESH JASHUBHAI PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(4) NOW WARD- 1(2)(1), AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

capital gains deserves to be deleted. Accordingly, the appeal of the assessee on the quantum issue is allowed. 11. As regards the penalty levied under section 271(1)(c) of the Act, once the quantum addition itself stands deleted, the foundation for the penalty automatically collapses. Moreover, the assessee had furnished full particulars of income, including a valuation report prepared

YOGESH JASHUBHAI PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(4) NOW WARD- 1(2)(1), AHMEDABAD

In the result, both the appeals filed by the assessee are allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal1. आयकर अपील सं /Ita No.158/Ahd/2023, Asst.Year 2011-12 2. आयकर अपील सं /Ita No.159/Ahd/2023, Asst.Year 2011-12 Yogesh Jashubhai Patel, The Income Tax Officer Harivallabh Society बनाम/ Ward-3(4) V/S. Naroda Now Ward-1(2)(1) Opp. Devi Cinema Ahmedabad – 380 051 Ahmedabad – 382 345 "थायी लेखा सं./Pan: Audpp 9058 L (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri M.K. Patel, Advocate Revenue By : Shri C. Dharani Nath, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 16/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeals Have Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 06/01/2023 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2011-2012. 2. The Assessee Has Raised The Following Grounds Of Appeal In Ita No.158/Ahd/2023:

capital gains deserves to be deleted. Accordingly, the appeal of the assessee on the quantum issue is allowed. 11. As regards the penalty levied under section 271(1)(c) of the Act, once the quantum addition itself stands deleted, the foundation for the penalty automatically collapses. Moreover, the assessee had furnished full particulars of income, including a valuation report prepared

BHUPENDRABHAI BHIKHABHAI PATEL,ANAND vs. THE ITO, WARD-3, ANAND

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

capital gains in accordance with Section 50C\nbased on the stamp duty valuation. Since the assessee did not produce any\nmaterial to substantiate his claim or contest the findings of the Assessing Officer,\nthe CIT(A) found no reason to interfere with the assessment order. Accordingly,\nthe CIT(A) upheld the additions made by the Assessing Officer and dismissed\nthe

THE ACIT, ,MEHSANA CIRCLE,, MEHSANA vs. SHRI MANANKUMAR MANILAL PATEL, MEHSANA

In the result, both the appeals of the revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2055/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2009-10 The A.C.I.T., Shri Maulikkumar Manilal Patel, Mehsana Circle, Vs. Opp. Umiya Complex, Mehsana. Apollo Compound, Highway, Mehsana-384002. Pan: Abxpp3020D

capital gain which is exempted u/s 10(38) but an income chargeable to tax which is not disputed by either party. The “the Ld. CIT(A)” following the contention of the assessee that the assessee has not furnished inaccurate particulars of income and relying on the decision of Hon’ble Supreme Court in the case of CIT Vs. Reliance Petro

THE ACIT, ,MEHSANA CIRCLE,, MEHSANA vs. SHRI MAULIKKUMAR MANILAL PATEL, MEHSANA

In the result, both the appeals of the revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2055/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2009-10 The A.C.I.T., Shri Maulikkumar Manilal Patel, Mehsana Circle, Vs. Opp. Umiya Complex, Mehsana. Apollo Compound, Highway, Mehsana-384002. Pan: Abxpp3020D

capital gain which is exempted u/s 10(38) but an income chargeable to tax which is not disputed by either party. The “the Ld. CIT(A)” following the contention of the assessee that the assessee has not furnished inaccurate particulars of income and relying on the decision of Hon’ble Supreme Court in the case of CIT Vs. Reliance Petro

TORRENT PHARMACEUTICALS LTD.,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX (OSD) CIRCLE-8,, AHMEDABAD

In the result appeal of the Revenue is partly allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita.No.1285 & 1286/Ahd/2017 िनधा"रण वष"/Asstt. Year: 2009-10 & 2010-11 & Ita No.1396 & 1397/Ahd/2018 Asstt.Year 2011-12 & 2012-13 Torrent Pharmaceuticals Ltd. Acit, Circle-4(1)(2) Torrent House Ahmedabad. Vs. Off.Ashram Road Ahmedabad 380 009. आयकर अपील सं./Ita.No.1327 & 1328/Ahd/2017 िनधा"रण वष"/ Asstt. Year: 2009-10 & 2010-11 & आयकर अपील सं./Ita.No.1414 & 1415/Ahd/2018 िनधा"रण वष"/ Asstt. Year: 2011-12 & 2012-13 Acit, Circle-4(1)(2) Torrent Pharmaceuticals Ltd. Ahmedabad. Torrent House Vs. Off.Ashram Road Ahmedabad 380 009. (Applicant) (Responent) Assessee By : Shri Vartik Choksi, With Shri Biren Shah, Ars. Revenue By : Shri Mohd. Usman, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 23/11/2021 घोषणा क" तारीख /Date Of Pronouncement: 22/02/2022 आदेश/O R D E R Per Bench

section (5) of Section 80-IA. In this case, the question that arose for consideration ITA.Nos.1285/Ahd/2017 & 7 others A.Y.2009-10 38 before this Court related to computation of the profits for the purpose of deduction under section 80-E, as it then existed, after setting off the loss incurred by the assessee in the manufacture of alloy steels. Section

THE ACIT, PANCHMAHAL CIRCLE,, GODHRA vs. MS. GRISHMABEN M. SOLANKI,, PANCHMAHAL

In the result, the appeal of the Revenue is treated as partly allowed for statistical purposes

Bench: Shri P.M. Jagtap, Vice- & Shri Siddhartha Nautiyalassessment Years : 2012-13 Assistant Commissioner Of Ms. Grishmaben M. Solanki, Income-Tax, Vs Rajmahal Road, Devgarh Baria, Panchmahal Circle, Panchmahal, Gujarat-389380 Godhra Pan : Cyops 3860 E अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Revenue By : Shri C.S. Sharma, Sr. Dr Assessee By : None सुनवाई क" तार"ख/Date Of Hearing : 15/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 16/02/2022 आदेश / O R D E R Per P.M. Jagtap, Vice-: This Appeal Is Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-4, Vadodara (“Cit(A)” In Short) Dated 20.09.2017 Whereby He Cancelled The Penalty Of Rs.56,56,420/- Imposed By The Assessing Officer Under Section 271(1)(C) Of The Income-Tax Act, 1961 (“The Act” In Short).

Capital Gain. The A.O. observed that the assessee was in agreement with the valuation and consequent addition on account of LTCG. By agreeing to the additions the assessee is not absolved form its culpability and as per IT Act ACIT Vs. Grishmaben M. Solanki AY : 2012-13 3 mens-rea is not required to be proved by the Revenue. Hence

SHRI BABUBHAI SHANTILAL SOLANKI,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-7(1)(1),, AHMEDABAD

In the result, appeal of the Assessee is allowed

capital gains will be recomputed. With these directions, the matter stands restored to the file of the Assessing Officer for adjudication de novo, after giving an opportunity of hearing to the assessee and by way of a speaking order. I order so.” 3.3. Ld. Counsel further submitted as can be seen from the other two co-owners namely Smt. Hiraben

ILABAHEN VIRALKUMAR MEHTA,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3, ANAND

In the result, the appeal of the assessee in ITA No

Bench: Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad Has Arisen From The

Section 133(6). As per the statement received by the AO from M/s Jhaveri Securities Limited , the assessee has bought 23000 shares of Hemo Organics Limited during the year under consideration and sold 8000 shares during the year, making capital gain on Rs. 4512/- on the sale of 8000 shares, while 15000 shares continued to be held by the assessee

SHRI KIRIT N. NAGAR,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(1),, BARODA

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

capital gains tax on sale of immovable property referred to above. However, despite several opportunities, the assessee has not been able to furnish the copy of documents evidencing the purchase of residential house for the purpose of availing deduction under section 54F of the Act. Accordingly, the AO disallowed the assessee’s claim for deduction under section

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LIMITED, AHMEDABAD

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

THE ACIT, CIRCLE-4(1)(2),, AHMEDABAD vs. M/S. TORRENT POWER LTD.,, AHMEDABAD

section 80-IA of the Act. 64.1 However, the AO was of the view that no benefit of bad debts recovery can be granted by allowing deduction under section 80IA of the Act for the reason that the amount of bad debt was recognized by the assessee when its unit was not eligible for deduction under section

INDIAN CHRONICLE LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-4(3),, AHMEDABAD

In the result, the appeal ofthe assessee is allowed

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 1275/Ahd/2012 ("नधा"रण वष" / Assessment Year : 2007-08) Indian Chronicle Ltd. बनाम/ Ito Gujarat Samacharbhavan, Ward4(3), Ahmedabad Vs. Khanpur,Ahmedabad - 380001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aaaci0793H (Appellant) .. (Respondent) Shri Tushar Hemani, Sr. Advocate & अपीलाथ" ओर से/Appellant By : Shri Parimalsinh B. Parmar, A.R. Shri Rignesh Das, Sr. Dr ""यथ" क" ओर से/Respondentby: Date Of Hearing 28/11/2024 Date Of Pronouncement 18/12/2024

capital gain in Book Profits was by way of amendment in law applicable from the impugned year onwards and therefore missed out for its consideration. We agree with the Ld.Counsel for the assessee that there was a mistake apparent on record in the order of the ITAT finding the assessee to have acted malafidely by only considering the fact that

GMM PFAUDLER LTD.,,AHMEDABAD vs. THE DY.CIT., CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

gain of Rs. 14,55,875/- on account of redemption of mutual funds was taxable in nature. Therefore, in the given facts and circumstances of the case we are of the view that as against 0.5% of the average investment of Rs.11.35 crores working out at Rs. 5,67,450/- lump sum disallowance of Rs.2,50,000/- will be justified

GMM PFAUDLER LTD.,,AHMEDABAD vs. THE DY. CIT., CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

gain of Rs. 14,55,875/- on account of redemption of mutual funds was taxable in nature. Therefore, in the given facts and circumstances of the case we are of the view that as against 0.5% of the average investment of Rs.11.35 crores working out at Rs. 5,67,450/- lump sum disallowance of Rs.2,50,000/- will be justified

THE DCIT, CIRCLE-4,, AHMEDABAD vs. GMM PFAULDER PVT. LIMITED,, AHMEDABAD

Appeal is dismissed

gain of Rs. 14,55,875/- on account of redemption of mutual funds was taxable in nature. Therefore, in the given facts and circumstances of the case we are of the view that as against 0.5% of the average investment of Rs.11.35 crores working out at Rs. 5,67,450/- lump sum disallowance of Rs.2,50,000/- will be justified

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(1)(1),, AHMEDABAD vs. GMM P FOULDER PVT. LIMITED,, AHMEDABAD

Appeal is dismissed

gain of Rs. 14,55,875/- on account of redemption of mutual funds was taxable in nature. Therefore, in the given facts and circumstances of the case we are of the view that as against 0.5% of the average investment of Rs.11.35 crores working out at Rs. 5,67,450/- lump sum disallowance of Rs.2,50,000/- will be justified

GMM PFAUDLER LTD.,,AHMEDABAD vs. THE DY. CIT., CIRCLE-2(1)(1),, AHMEDABAD

Appeal is dismissed

gain of Rs. 14,55,875/- on account of redemption of mutual funds was taxable in nature. Therefore, in the given facts and circumstances of the case we are of the view that as against 0.5% of the average investment of Rs.11.35 crores working out at Rs. 5,67,450/- lump sum disallowance of Rs.2,50,000/- will be justified