M/S. CHANDAN INFRATECH LIMITED,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-1(3),, AHMEDABAD

3. The learned CIT (A) erred in fact and in law in confirming the action of the AO of treating shares held by appellant as stock-in-trade instead of the fact that shares were held by appellant were in nature of 'Investment' which are subject to tax as per provisions of section 111A /112 of the Income

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS FINANCIAL ADVISORS LTD., ( FORMERLY KNOWN ANAGRAM STOCK BROKING LTD.,), AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

Capital expenditures are often employed to improve operational efficiency, increase revenue in the long term, or make improvements to the existing assets of a company. Capital spending is different from other types of spending that focus on short-term operating expenses, such as overhead expenses or payments to suppliers and creditors. 115.2 Depreciation is used to expense the fixed asset

M/S. EDELWEISS BROKING LTD. ( AMALGAMATING COMPANY EDELWEISS FINANCIAL ADVISORS LTD.),AHMEDABAD vs. THE JT. CIT, RANGE-3,, AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

Capital expenditures are often employed to improve operational efficiency, increase revenue in the long term, or make improvements to the existing assets of a company. Capital spending is different from other types of spending that focus on short-term operating expenses, such as overhead expenses or payments to suppliers and creditors. 115.2 Depreciation is used to expense the fixed asset

THE DCIT, CIRCLE-1(3), AHMEDABAD vs. EDELWEISS BROKING LTD., AHMEDABAD

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri Justice P.P. Bhatt, Hon’Ble & Shri Waseem Ahmed

Capital expenditures are often employed to improve operational efficiency, increase revenue in the long term, or make improvements to the existing assets of a company. Capital spending is different from other types of spending that focus on short-term operating expenses, such as overhead expenses or payments to suppliers and creditors. 115.2 Depreciation is used to expense the fixed asset

AURA SECURITIES PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-1,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

Section 14A of the Income-tax Act, 1961 and Rule 8D of the Income-tax Rules, 1962. 4. In law and in the facts and circumstances of the appellant's case, the learned CIT(A) has grossly erred in dismissing Ground No. 8 of the appellant's appeal before him challenging the learned Assessing Officer's action of adding

AURA SECURITIES PVT. LTD.,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

Section 14A of the Income-tax Act, 1961 and Rule 8D of the Income-tax Rules, 1962. 4. In law and in the facts and circumstances of the appellant's case, the learned CIT(A) has grossly erred in dismissing Ground No. 8 of the appellant's appeal before him challenging the learned Assessing Officer's action of adding

VISHAL EXPORTS OVERSEAS LTD.,,AHMEDABAD vs. ACIT, CIRCLE-8,, AHMEDABAD

In the result, ground No.7 raised by the assessee is dismissed

Bench: Dr. Arjun Lal Saini & Ms. Madhumita Royassessment Year:2009-10 Vishal Exports Overseas Ltd., The Acit, Circle-8, 301 Sheel Complex, 4 Mayur Colony, Vs Ahmebada. Nr. Mithakhali Six Road, Ahmedabad-380009. Pan :Aaacv 2354 D (Applicant) (Responent) Assessee By : Ms Urvashi Shodhan, Advocate Revenue By : Shria. P. Singh, Sr. Dr सुनवाईक"तार"ख/Date Of Hearing : 21/04/2022 घोषणाक"तार"ख/Date Of Pronouncement: 29/06/2022 आदेश/O R D E R

capital gain). Ld. CIT (A) ought to have considered the submission of the assessee and delete the addition made by AO. It be so held now. 8. Confirming levy of interest u/s 234A, 234B and 234C is unjustified. Initiation of penalty u/s, 271(1)(c) of the Act is unjustified. 9. Initiation of penalty

M/S. ANIL DYECHEM INDUSTRIES PVT. LTD.,,AHMEDABAD vs. THE ACIT., (OSD)RANGE-1,, AHMEDABAD

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकरअपीलसं./Ita No. 377/Ahd/2011 "नधा"रणवष"/Asstt. Year: 2006-2007 M/S Anil Dye Chem Industries Pvt. Ltd., A.C.I.T.(Osd) 508, Ship Building, Cg Road, Navrangpura, Vs. Range-1, Ahmedabad-380009. Ahmedabad. Pan: Aabca7881K

sections 234B and 234C. It is submitted that appropriate relief be allowed as per the provisions of law.” 3. The interconnected issue raised by the assessee is that the Ld. CIT-A erred in upholding that the profit of Rs. 27,83,879/- arising on sale of land is business income rather than capital gain

SHRI NAVINCHANDRA N. PATEL,VADODARA vs. THE ACIT, CIRCLE-1(2), VADODARA

In the result, the appeal of the assessee is allowed

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

234B & C of the Act. 6. That the Hon'ble CIT (Appeals) and the learned AO erred in fact and in law in initiating penalty proceedings u/s 271(1)(c) of the Act.” Shri Navinchandra N Patel Vs. ACIT Asst. Year : 2012-13 - 3– 3. The brief facts of the case are that the assessee is an individual engaged

SMT. RAJSHRI VASTAL PARIKH,AHMEDABAD vs. ITO, WARD-5(2)(3), AHMEDABAD

In the result, both the appeals of the assessees are allowed for statistical purposes

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumarassessment Year : 2015-16 Shri Vatsal Navnitlal Parikh Ito, Ward-5(2)(1) 501, Belvedere Flat Vs Ahmedabad. 5Th Floor, Jodhpur Cross Road Ahmedabad. Pan : Aavpp 9647 H Assessment Year : 2015-16 Smt.Rajshri Vastal Parikh Ito, Ward-5(2)(1) 501, Belvedere Flat Vs Ahmedabad. 5Th Floor, Jodhpur Cross Road Ahmedabad. Pan : Acypp 8836 H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.N. Divetia, Advocate Revenue By : Shri R.R. Makwana, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 03/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 21/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: These Appeals Are Filed By Two Assessees Against Orders Of Even Dated I.E. 27.12.2018 Passed By Ld.Commissioner Of Income-Tax (Appeals)-5, Ahmedabad [For Short “Ld.Cit(A)] Relating To The Assessment Year 2015-16. Since Common Issue Is Raised In Both The Appeals, We Dispose Of Them By This Common Order.

3 not accepted the above explanation given by the assessee and treated receipt of compensation for late payment as income from other sources, and worked out entire capital gain on sale of the property at Rs.2,80,50,000/- and determined total income at Rs.3,30,39,680/- and demanded tax of Rs.74,79,270/- including interest under section 234B

SHRI VATSAL NAVNITLAL PARIKH,AHMEDABAD vs. ITO, WARD-5(2)(1), AHMEDABAD

In the result, both the appeals of the assessees are allowed for statistical purposes

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumarassessment Year : 2015-16 Shri Vatsal Navnitlal Parikh Ito, Ward-5(2)(1) 501, Belvedere Flat Vs Ahmedabad. 5Th Floor, Jodhpur Cross Road Ahmedabad. Pan : Aavpp 9647 H Assessment Year : 2015-16 Smt.Rajshri Vastal Parikh Ito, Ward-5(2)(1) 501, Belvedere Flat Vs Ahmedabad. 5Th Floor, Jodhpur Cross Road Ahmedabad. Pan : Acypp 8836 H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.N. Divetia, Advocate Revenue By : Shri R.R. Makwana, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 03/02/2022 घोषणा क" तार"ख /Date Of Pronouncement: 21/02/2022 आदेश/O R D E R Per T.R. Senthil Kumar: These Appeals Are Filed By Two Assessees Against Orders Of Even Dated I.E. 27.12.2018 Passed By Ld.Commissioner Of Income-Tax (Appeals)-5, Ahmedabad [For Short “Ld.Cit(A)] Relating To The Assessment Year 2015-16. Since Common Issue Is Raised In Both The Appeals, We Dispose Of Them By This Common Order.

3 not accepted the above explanation given by the assessee and treated receipt of compensation for late payment as income from other sources, and worked out entire capital gain on sale of the property at Rs.2,80,50,000/- and determined total income at Rs.3,30,39,680/- and demanded tax of Rs.74,79,270/- including interest under section 234B

THE ITO, WARD-1(2)(4), BARODA vs. SHRI NATWARBHAI J. PATEL, VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

section 143(3) of the Income-tax Act, 1961, for the assessment year 2012-13. 2. Grievances raised by the parties, which are interconnected and which we will take up together, are as follows:- ITA Nos. 461 & 512/Ahd/2016 ITO Vs. Natwarbhai J Patel-cross Assessment Year : 2012-13 Page 2 of 11 Grounds of appeal:- ITA No. 461/Ahd/2016 – by Department

SHRI NATWARBHAI J. PATEL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(4), VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

section 143(3) of the Income-tax Act, 1961, for the assessment year 2012-13. 2. Grievances raised by the parties, which are interconnected and which we will take up together, are as follows:- ITA Nos. 461 & 512/Ahd/2016 ITO Vs. Natwarbhai J Patel-cross Assessment Year : 2012-13 Page 2 of 11 Grounds of appeal:- ITA No. 461/Ahd/2016 – by Department

SHRI VINODBHAI J. PATEL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(5), VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

section 143(3) r.w.s. 147 of the Income-tax Act, 1961, for the assessment year 2012-13. 2. Grievances raised by the parties, which are interconnected and which we will take up together, are as follows:- Grounds of appeal:- ITA No. 464/Ahd/2016 – by Department ITA Nos. 464 & 513/Ahd/2016 ITO vs. Vinodbhai J Patel -cross Assessment Year : 2012-13 Page

THE ITO, WARD-1(2)(5), VADODARA vs. SHRI VINODBHAI J. PATEL, VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

section 143(3) r.w.s. 147 of the Income-tax Act, 1961, for the assessment year 2012-13. 2. Grievances raised by the parties, which are interconnected and which we will take up together, are as follows:- Grounds of appeal:- ITA No. 464/Ahd/2016 – by Department ITA Nos. 464 & 513/Ahd/2016 ITO vs. Vinodbhai J Patel -cross Assessment Year : 2012-13 Page

DARPAN KANUBHAI SHAH,VADODARA vs. THE INCOME TAX OFFICER,WARD-3(1)(4), VADODARA

The appeal of the assessee is allowed for statistical purposes

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarआयकर अपील सं / Ita No. 123/Ahd/2024 िनधा"रण वष"/Assessment Year : 2018-19 बनाम बनाम बनाम बनाम Darpan Kanubhai Shah The Income-Tax Officer, C/O. Darpan Travels, Vs. Ward-3(1)(4), Near Ramji Mandir, Vadodara Madanzampa Road, Vadodara-390001 Pan : Agips 3405 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) िनधा"रती की ओर से / Assessee By : Shri Samir Parikh, Ar ""थ" की ओर से / Revenue By: Dr. Darsi Suman Ratnam, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 22/04/2024 घोषणा की तारीख /Date Of Pronouncement: 05/07/2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 22.11.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2018-19. 2. Grounds Raised Are As Under :- “(1) The Learned Cit(Appeal) Is Not Correct In Holding That The Assessee Has Not Filed Return Of Income U/S 148. Consequently The Learned Cit (Appeal) Is Not Correct That The Appeal Is Not Liable To Be Admitted. (Ii) Alternatively Appeal Is Allowed By Set Aside The Order & Matter Referred Back To The Desk Of Hon. Cit For Reconsideration. Darpan Kanubhai Shah Vs. Ito Ay : 2018-19 2

Capital Gain earned by the assessee was computed by the Assessing Officer at Rs.52,41,028/- and, subjected to tax, adding it to the income of the assessee. 4. The matter was carried in appeal before the ld. CIT(A) who dismissed the assessee’s appeal as infructuous and non-maintainable, noting that the assessee had failed to fulfil

SHREE VAIDEHI IMPEX PVT. LTD.,AHMEDABAD vs. THE DY.CIT, CIRCLE-4(1)(1), AHMEDABAD

Accordingly, the appeal filed by the assessee is dismissed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinha

Capital Gain at ₹2,86,99,314/- by applying indexation to the WDV and accordingly restricted the addition made by the Assessing Officer from ₹3,59,64,670/- (treated as STCG) to ₹2,86,99,314/- (treated as LTCG). Thus, substantial relief was granted to the assessee by correcting the legal characterization of the gain and partially modifying the computation

SHRI AMRUTBHAI ATMARAMBHAI PATEL, HUF,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-6(3),, AHMEDABAD

In the result, the ground no 1 of appeal is partly allowed for statistical purpose, ground no

234B is not chargeable upon the assessee and the same should be directed to be deleted.” I.T.A No. 1737/Ahd/2015 & 118/Ahd/2016 A.Y. 2011-12 Page No 3 Ritaben P Patel & Amrutbhai A. Patel vs. ITO In this case, return of income declaring income of Rs. nil was filed on 30th 3. June, 2011. Subsequently, the case was selected under scrutiny

SHRI ANILBHAI HIRALAL SHAH,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

234B, & 234C is not justified. 21 Initiation of penalty u/s 271(1)(c) of the Act is not justified. The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of the appeal. 2.1 The assessee vide letter dated 07/09/2022 has filed