ASHOKBHAI KHODABHAI PATEL,AHMEDABAD vs. INCOME TAX OFFICER, WARD-3(3)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2017-18

capital gain arising on sale of property and, therefore, the returned income was accepted vide assessment order under section 147/144B of the Act dated 24.03.2022. Since the assessee did not file his original return of income, penalty proceeding under section 270A of the Act was initiated for under- reporting of income. Thereafter, a separate penalty order under section 270A dated

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

capital gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

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

capital gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

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

capital gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

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

capital gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

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

capital gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

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

capital gains must be considered as part of eligible income and recomputed the deduction under section 80-IE accordingly. Further, the assessee made additional claims during assessment ITA Nos. 847to850/Ahd/2025 & 912to915/Ahd/2025 DCIT vs. Eris Lifesciences Ltd. Eris Lifesciences Ltd. vs. DCIT Asst. Years–2018-19 & 2020-21 to 2022-23 - 4– proceedings namely exclusion of GST/excise refund from book profit

SHAILESH NATVARLAL PATEL,AHMEDABAD vs. THE ITO, WARD-4(2)(3), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2018-19

capital gain of Rs.6,96,236/- to tax. Penalty proceedings under section 270A were also initiated for misreporting of income. 3 4. Aggrieved, the assessee filed an appeal before the CIT(A). In the appellate proceedings, the assessee reiterated that the stamp duty of Rs.48,000/- was the value of the stamp paper used for the purchase deed, and sufficient

HASMUKHLAL ISHVARLAL PATEL,PATAN vs. INCOME TAX OFFICER, WARD 1, PATAN

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

section 270A of the Income Tax Act. The Ld. AO made an addition based on the difference in Long Term Capital Gain between the original and revised returns without properly considering the legal and factual aspects of the transaction. The revised return was filed within the prescribed time to correct an inadvertent omission, and there was no misreporting of income

HASMUKHLAL ISHVARLAL PATEL,PATAN vs. INCOME TAX OFFICER, WARD 1, PATAN

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

section 270A of the Income Tax Act. The Ld. AO made an addition based on the difference in Long Term Capital Gain between the original and revised returns without properly considering the legal and factual aspects of the transaction. The revised return was filed within the prescribed time to correct an inadvertent omission, and there was no misreporting of income

SANDEEP MOHANRAJ SINGHI,AHMEDABAD vs. ACIT, CIRCLE4(2), AHMEDABAD, AHMEDABAD

In the result, appeal of the assessee is partly allowed

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2018-19

capital gain on sale of 80,00,000 shares donated to the assessee trust, was avoided by the trustee by making this arrangement, was not denied. In view of this fact, the Ld. CIT(A) had rightly invoked the provisions of Section 13(1)(c) of the Act to deny the claim of exemption under Section

ACIT (EXEMPTION) CIRCLE 1 AHMEDABAD, AHMEDABAD vs. DR K R SHROFF FOUNDATION, AHMEDABAD

In the result, appeal of the assessee is partly allowed\n\n29

capital gain on sale of 80,00,000 shares donated to\nthe assessee trust, was avoided by the trustee by making this\narrangement, was not denied. In view of this fact, the Ld. CIT(A) had\nrightly invoked the provisions of Section 13(1)(c) of the Act to deny the\nclaim of exemption under Section

DR K R SHROFF FOUNDATION,AHMEDABAD vs. THE DY. CIT, CIRCLE-1, EXMP, AHMEDABAD

In the result, appeal of the assessee is partly allowed\n\n29

capital gain on sale of 80,00,000 shares donated to\nthe assessee trust, was avoided by the trustee by making this\narrangement, was not denied. In view of this fact, the Ld. CIT(A) had\nrightly invoked the provisions of Section 13(1)(c) of the Act to deny the\nclaim of exemption under Section

KRUNAL SANGHVI,AHMEDABAD vs. INCOME TAX OFFICER , WARD-5(3)(1), AHMEDABAD

In the result, appeal filed by the assessee is allowed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), SHRI SIDDHARTHA NAUTIYAL (Judicial Member)

270A(9) of the Act so as to justify the levy of penalty in terms of the said Section on the assessee. 9. The facts of the case are that the assessee had claimed deduction of capital gains earned u/s.54F of the Act by making investment in a new property and when doing so had claimed ITA No.1285/Ahd/2025 [Krunal Sanghvi

ASHOK AMARNATH AGRAWAL,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, appeal of the assessee in ITA No

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

capital gain which is totally contrary to the facts on record, which goes to prove that the Assessing Officer has not examined the income-tax return which is a primary document to be examined before issuing notice u/s 148 of the Act. Hence, the notice issued by the Assessing Officer suffers from latches and devoid of due diligence. Hence

ASHOK AMARNATH AGRAWAL,VADODARA vs. THE DY.CIT, CIRCLE-2(1)(1), VADODARA

In the result, appeal of the assessee in ITA No

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyal

capital gain which is totally contrary to the facts on record, which goes to prove that the Assessing Officer has not examined the income-tax return which is a primary document to be examined before issuing notice u/s 148 of the Act. Hence, the notice issued by the Assessing Officer suffers from latches and devoid of due diligence. Hence

SK HISARIA HUF,AHMEDABAD vs. THE ITO, WARD 5(3)(2), AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaita Nos. 1928 & 1929/Ahd/2025 Assessment Years 2017-18 & 2018-19

6. The learned AO has erred in law and on facts in in initiating penalty proceedings under Section 270A of the Act. 7. 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. Total tax effect

S K HISARIA HUF,AHMEDABAD vs. THE ITO, WARD 5(3)(2), AHMEDABAD

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

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaita Nos. 1928 & 1929/Ahd/2025 Assessment Years 2017-18 & 2018-19

6. The learned AO has erred in law and on facts in in initiating penalty proceedings under Section 270A of the Act. 7. 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. Total tax effect