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

gains under section 45 of the Act, and distribution of new shares allotted by Sterling as being distributed by the assessee to its shareholders as dividend under section 2(22) of the Act. The Ld. DR relied on the order of the Ld. CIT(A). The Ld. DR submitted as under:- • the assessee has not transferred the treasury undertaking

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

capital gains year-wise as computed and directed by the CIT(A). B. Grounds relating to Addition in respect of Internal Circulation of Funds and Unaccounted Receipts and Payments 15. The issue involved under these grounds pertain to unaccounted cash receipts and unaccounted cash payments, as reflected in the seized documents during the search operation. The AO made substantial additions

RAJENDRA HARJIVANDAS PRAJAPATI,AHMEDABAD vs. THE DY. CIT, CIRCLE-2(2), AHMEDABAD

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

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

section 143(3) r.w.s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2011-12. 2. The brief facts of the case is that the assessee is an individual deriving income from business and capital gain. For the Asst. Year 2011-12, the assessee filed his Return of Income wherein assessment

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)

section 143(3) r.w.s 263 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2011-12. 2. The brief facts of the case is that the assessee is an individual deriving income from business and capital gain. For the Asst. Year 2011-12, the assessee filed his Return of Income wherein assessment

BHANUPRASAD MAGANLAL PATEL,AHMEDABAD vs. ACIT, CIRCLE-3(3), AHMEDABAD

In the result, the appeal filed by the Assessee is hereby dismissed

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

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2015-16. I.T.A No. 07/Ahd/2019 A.Y. 2015-16 Page No 2 Bhanuprasad Maganlal Patel Vs. ACIT 2. The brief facts of the case is that the assessee is an individual and Partner in four Partnership Firms and showing income from

ARJUN DAS JASUJA,JABALPUR vs. THE CIT (IT & TP), AHMEDABAD

In the result, appeal filed by the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.796/Ahd/2024 िनधा"रण वष" /Assessment Year : 2019-20 Arjun Das Jasuja The Cit (It & Tp) बनाम/ 16, Nayagaon, Rampur Circle-2 V/S. Jebalpur Ahmedabad Madhya Pradesh – 462 008 "थायी लेखा सं./Pan: Aehpj 3059 D अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Sapan Usrethe, Ar Revenue By : Shri V. Nand Kumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 03/10/2024 घोषणा की तारीख /Date Of Pronouncement: 15/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

Section 143(3) of the Act, accepting the returned income without making any adjustments. 2.1. The AO examined the sale of an immovable property located at 16, Nayagaon, Rampur, Jabalpur, which was sold on 11.04.2018 for Rs.2,51,00,000/-. The assessee claimed a cost of improvement of Rs.68,90,000/- in the computation of capital gains

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.

Section 263 of the Act as found by the ld. CIT (IT & TP). 10. Undoubtedly, the assessment order sought to be revised was passed u/s 147 of the Act on reopening the case of the assessee for the specific reason that the Assessing Officer had information regarding the dubious dealing in shares of M/s. Kushal Limited. Clearly, the scope

FALGUNI S. MEHTA,AHMEDABAD vs. THE ITO, WARD-1(2)(1), VADODARA

In the result, the appeal of the assessee is allowed

section 271(1)(c) of the Act, the assessee is\neligible to set-off losses incurred in the “futures and options” segment\nof Rs.4,07,195/- against “short term capital gains" on sale of shares\nand securities of Rs.5,90

ATULBHAI AMRITLAL MEHTA,AHMEDABAD vs. DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 3(2) AHMEDABAD, AHMEDABAD

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

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

section 143(3) of the Act. The addition of unsecured loans of Rs 11,62,800 and addition of exempt Long Term Capital Gain of Rs 248,90

RACHNA SANJAY SHAH,AHMEDABAD vs. PCIT, AHMEDABAD -1, AHMEDABAD

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

Bench: Shri/St.R. Senthil Kumar & Narendra Prasad Sinhaasst.Year :2014-2015 Rachana Sanjay Shah The Pr.Cit-1 72, Tapovan Society Vs Ahmedabad. Nr. Manekbaug Hall Ambawadi Ahmedabad 380015. Pan : Amdps 6571 P

90,000/- whereas claimed setoff of STCL of Rs. 1,78,23,848/- only, had the assessee prearranged the transaction to set off the gain then he might have setoff entire capital gain. It is also pertinent to mention that the assessee during the year entered into share trading on short term basis in 48 different scripts and he incurred

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

SHRI BHAGWANBHAI R. MAKWANA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-14(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

Section 33 of Revenue Act the appellant has incurred several i.e. expenses which were paid by Shri Jaswantbhai D. Patel. Further with regard to the land leveling and development expenses of Rs.65 lakhs it is submitted that Shri Jaswantbhai D. Patel has spent this amount during the period 2000 to 2005 and the land leveling work carried by Shri Dineshbhai

SHRI BHAGWANBHAI RANCHHODBHAI MAKWANA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(1)(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

Section 33 of Revenue Act the appellant has incurred several i.e. expenses which were paid by Shri Jaswantbhai D. Patel. Further with regard to the land leveling and development expenses of Rs.65 lakhs it is submitted that Shri Jaswantbhai D. Patel has spent this amount during the period 2000 to 2005 and the land leveling work carried by Shri Dineshbhai

LATE BHAGWATSINH JIBHUBHAI CHAVDA)L/H.BHAKTIBEN BHAGWATSINH CHAVDA,,AHMEDABAD vs. ITO, WARD-5(1)(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

Section 33 of Revenue Act the appellant has incurred several i.e. expenses which were paid by Shri Jaswantbhai D. Patel. Further with regard to the land leveling and development expenses of Rs.65 lakhs it is submitted that Shri Jaswantbhai D. Patel has spent this amount during the period 2000 to 2005 and the land leveling work carried by Shri Dineshbhai

BHAKTIBEN BHAGWATSINH CHAVDA, (L/H OF LATE BHAGWATSINH J CHAVDA),AHMEDABAD vs. ITO, WARD-14(2),, AHMEDABAD

Appeal is dismissed

Bench: Shri Siddhartha Nautiyal (Judicial Member), Shri Makarand V. Mahadeokar (Accountant Member)

Section 33 of Revenue Act the appellant has incurred several i.e. expenses which were paid by Shri Jaswantbhai D. Patel. Further with regard to the land leveling and development expenses of Rs.65 lakhs it is submitted that Shri Jaswantbhai D. Patel has spent this amount during the period 2000 to 2005 and the land leveling work carried by Shri Dineshbhai

ASSISTANT COMMISSIONER OF INCOME-TAX, AHMEDABAD vs. DEVRAJ HARSHADRAY PATEL, AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

capital gain arose with regard to sale of the aforementioned property.” 7. Even Ld. D.R. has accepted that the aforesaid addition is liable to be deleted in terms of aforesaid order passed by Ld. CIT(A), in the case of co-owner of this property. 8. In the result, Ground No. 1 of the assessee’s appeal is allowed. Ground

LATE SMT. RAMILABEN HARSHADRAI PATEL(THROUGH L/H DEVRAJ H.PATEL),AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(2), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

capital gain arose with regard to sale of the aforementioned property.” 7. Even Ld. D.R. has accepted that the aforesaid addition is liable to be deleted in terms of aforesaid order passed by Ld. CIT(A), in the case of co-owner of this property. 8. In the result, Ground No. 1 of the assessee’s appeal is allowed. Ground

DEVRAJ HARSHADRAI PATEL,AHMEDABAD vs. THE DY.CIT., CIRCLE-3(1)(1), AHMEDABAD

In the result, the appeal of the Department is dismissed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

capital gain arose with regard to sale of the aforementioned property.” 7. Even Ld. D.R. has accepted that the aforesaid addition is liable to be deleted in terms of aforesaid order passed by Ld. CIT(A), in the case of co-owner of this property. 8. In the result, Ground No. 1 of the assessee’s appeal is allowed. Ground