JCIT(OSD), CIR-3(1)(2), AHMEDABAD vs. RECKITT BENCKISER HEALTHCARE (INDIA) LTD, HARYANA

In the result, appeal of the Revenue is dismissed

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

capital gains tax by virtue of various clauses forming a part of Section 47 of the IT Act subjected to the applications of provisions of Section 2(19AA) of the Act. It is also settled position of law that the scheme of demerger once approved by the Hon’ble Jurisdictional High Court, it cannot be re-visited by any statutory

RECKITT BENCKISER HEALTHCARE INDIA PVT. LTD., ( FORMERLY KNOWN AS RECKITT BENCKISER HEALTHCARE INDIA LTD.,),HARYANA vs. DCIT, CIRCLE-3(1)(2), AHMEDABAD

In the result, appeal of the Revenue is dismissed

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

capital gains tax by virtue of various clauses forming a part of Section 47 of the IT Act subjected to the applications of provisions of Section 2(19AA) of the Act. It is also settled position of law that the scheme of demerger once approved by the Hon’ble Jurisdictional High Court, it cannot be re-visited by any statutory

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)

23. We therefore in the light of above judgments which are squarely applicable in the issues raised in the instant appeals are of the considered view that the claim of Long Term Capital Gain made by the respective assessee(s) deserves to be allowed as they have entered into the transactions of purchase and sales duly supported by the documents

THE ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), AHMEDABAD vs. SHRI KAILASH RAMAVATAR GOENKA, AHMEDABAD

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar

23,56,97,233 47,33,86,785 22,15,26,118 1,06,44,45,543 3.2. Amounts relating to A.Y. 2015-16 are not part of the above summarized tables as we are not dealing with the appeal of the said A.Y. 3.3. Notices under Section 153A of the Act were issued, requiring the assessee to file returns

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ROHITJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHRI ASHOKJI CHANDUJI THAKOR,,AHMEDABAD vs. THE ITO, WARD-3(3)(1), AHMEDABAD

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

23. With regards to levy of penalty of Rs. 49 lakhs under Section 271AAA in the hands of the assessee, the brief facts are that the assessee, alongwith Shri Nagarji Thakore sold land bearing Block No. 325 at Ambli to “Jayesh Kotak” and “Pravin Kotak” for Rs. 50,00,000/- and declared capital gain

SHAILESH SUBODHCHANDRA JHAVERI,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(1), AHMEDABAD

In the result, the appeal of the assessee is dismissed for both the year under consideration

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

23– long-term capital gain on sale of shares as exempt under section 10(38). The Assessing Officer held amount

SHAILESH S. JHAVERI,AHMEDABAD vs. THE DY.CIT, CENT. CIRCLE-1(1), AHMEDABAD

In the result, the appeal of the assessee is dismissed for both the year under consideration

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

23– long-term capital gain on sale of shares as exempt under section 10(38). The Assessing Officer held amount

SHAILESH SUBODHCHANDRA JHAVERI,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(1), AHMEDABAD

In the result, the appeal of the assessee is dismissed for both the year under consideration

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

23– long-term capital gain on sale of shares as exempt under section 10(38). The Assessing Officer held amount

SHRI KIRANKUMAR RASIKLAL SANGHVI,DEESA vs. THE PR.CIT-4,, AHMEDABAD

The appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarिनधा"रण वष"/Assessment Year: 2015-16 Shri Kirankumar Rasiklal Sanghvi, The Principal Commissioner Of 1, Paras Society, Neminathnagar Income-Tax-4, Vs. Road, Deesa, Gujarat-385535 Ahmedabad Pan : Afops 0131 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Manish J. Shah & Shri Rushin Patel, Ars Revenue By : Shri Durga Dutt, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 12.09.2024 घोषणा क" तारीख /Date Of Pronouncement: 24.09.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income-Tax-4, Ahmedabad [Herein- After Referred To As “Pcit”] Dated 03.03.2020, 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) 2015-16. 2. The Registry Has Noted The Present Appeal To Be Barred By Limitation By 1355 Days. The Ld. Counsel For The Assessee Explained That There Was, In Fact, No Delay In Filing The Appeal Before The Tribunal For The Reason That The Assessee Had Inadvertently Filed The Appeal Against The Order Of The Ld. Pcit Before The Surat Bench Of The Itat Which, When The Appeal Came Up For Hearing Before It, Passed A Judicial Order Dated 21.11.2023 Dismissing The Appeal As Withdrawn, Noting The Fact That The Correct Jurisdiction Lay With The 2 Shri Kirankumar Rasiklal Sanghvi Vs. Pcit Ay : 2015-16

gains on sale of transfer of capital assets. That it provides exemption also on investment in capital assets. He further pointed out that the ld. PCIT has given no basis whatsoever, nor any reasoning to arrive at the finding that even assets not qualifying as capital assets and being in the nature of stock in trade are to be considered

THE ACIT. CIRCLE-2(2), AHMEDBAD vs. RAJENDRA HARJIVANDAS PRAJAPATI, AHMEDBAD

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

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

23 of the Bill seeks to amend section 54EC of the Income-tax Act relating to capital gain not to be charged