BIREN DHIRAJLAL SHAH,GANDHINAGAR vs. CIT(A), GANDHINAGAR

In the result the appeal filed by the assessee in ITA No

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar, Judicial Member\nITA No: 194/Ahd/2021 &\nITA No: 190/Ahd/2024\nAssessment Year: 2008-09\nBiren Dhirajlal Shah\nPlot No. 441-1, Sector-22\nNr. Police Chowkey,\nGandhinagar-382021\nPAN: ACSPS5653F\n(Appellant)\nAssessee Represented: Shri Chetan Agarwal, A.R. &\nMs. Krupa Panchal, CA\nRevenue Represented:\nDate of hearing\nDate of pronouncement\nShri Alpesh Parmar, Sr. D.R.\n: 19-03-2025\n: 03-04-2025\nIncome Tax Officer,\nWard-1,\nV

154 Taxman 33 has\nheld as under:\nIt is equally well-settled that where a cause is consciously abandoned (as\nin the present case) the party seeking condonation has to show by cogent\nevidence sufficient cause in support of its claim of condonation. The onus\nis greater. One of the propositions of settled legal position is to ensure\nthat

ASH EDUCATION TRUST,MEHSANA vs. THE DY.CIT, CIRCLE-1 (EXEMPTION), AHMEDABAD

The appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

7. We have heard the rival contentions and perused the material on record. 8. In the instant case, we observe that admittedly there was a delay of four years in filing of Form 10B by the assessee trust. It was on this basis ITA Nos. 1830&1831/Ahd/2024 Ash Education Trust vs. DCIT Asst. Years –2013-14 & 2014-15 - 5– that

BIREN DHIRAJLAL SHAH,GANDHINAGAR vs. THE ITO WARD-1, GANDHINAGAR

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

Bench: Shri Waseem Ahmed & Shri Tr Senthil Kumarआयकरअपीलसं./Ita Nos.192-193/Ahd/2021 धििाधरणवरध/Asstt. Year: 2011-12 Shri Biren Dhirajlal Shah, Income Tax Officer, Plot No.441-1, Sector-22, Vs. Ward-1, Nr. Police Chowkey, Gandhinagar. Gandhinagar.

154 Taxman 33 has held as under: It is equally well-settled that where a cause is consciously abandoned (as in the present case) the party seeking condonation has to show by cogent evidence sufficient cause in support of its claim of condonation. The onus is greater. One of the propositions of settled legal position is to ensure that

ASH EDUCATION TRUST,MEHSANA vs. THE DY. CIT, CIRCLE-1 (EXEMPTION), AHMEDABAD

154 of the Act, so as\nto call for any interference. However, on going through the facts of the\ncase, we are of the considered view that the order passed by Ld. CIT(A) is\nerroneous on various counts.\n8.1 Firstly, it is a well settled law that delay in filing of Form 10B is a\nprocedural default

SHREE NITYANANDSWAMI EDUCATION TRUST,DHARMAJ TARAPUR ROAD NAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, DCIT (EXEMPTION) AHMEDBAD

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

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

Section 154 passed by the Assessing Officer was not communicated as a formal order but only in the form of “issue letter”, the communication was not correctly understood by the assessee, which had led to delay in filing of the appeal before the Ld. CIT(A). The Ld. A.R. further explained that the assessee had also filed an application

RADHE FINSEC INDIA LTD.,AHMEDABAD vs. THE ITO, WARD-3(1)(2), AHMEDABAD

In the result, the appeal filed by the Assessee allowed for statistical purpose

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

section 17 was an appeal against the original order of assessment under the Act, which was passed about 20 years ago, as it was evident that the appeal was against an order of rejection of relief by the I.T.A No. 506/Ahd/2025 A.Y. 2013-14 Page No 7 Radhe Finsec India Ltd. vs. ITO assessing authority. Thus, though the Tribunal

CAT COSMETICS AND HEALTHCARE PVT. LTD.,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD 1(1)(3), AHMEDABAD

In the result, the appeal filed by the Assessee is allowed for statistical purpose

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

section 17 was an appeal against the original order of assessment under the Act, which was passed about 20 years ago, as it was evident that the appeal was against an order of rejection of relief by the I.T.A No. 1189/Ahd/2024 A.Y. 2012-13 Page No 6 CAT Cosmetics And Healthcare Pvt. Ltd. vs. ITO assessing authority. Thus, though

SHIKSHA FOUNDATION,AHMEDABAD vs. THE ITO, WARD-2 (EXEMP), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Ms. Annapurna Gupta (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

7 Shiksha Foundation vs. ITO discretionary powers to condone such delay. Accordingly, the Gujarat High Court directed that the order of rectification under section 154

PINKAL SURESHKUMAR KOTHARI,AHMEDABAD vs. THE ITO, WARD-5(2)(1), AHMEDABAD

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

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1303/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2017-18) बनाम/ Pinkal Sureshkumar Income Tax Officer Kothari Ward-5(2)(1), Vs. 4, Nemrajul Flat, Ahmedabad Navavikas Gruh Road, Vasna, Ahmedabad, Gujarat – 380007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Amlpk3944L (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Parth Mehta, A.R. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr

section 154 may not extend to matters ITA No.1303/Ahd/2025 [Pinkal Sureshkumar Kothari vs. ITO] A.Y. 2017-18 - 3 – involving incorrect appreciation of facts, non-verification of daywise cashbook and denial of natural justice, and that the appropriate remedy lies in preferring an appeal before the Hon'ble Tribunal 7. Appellant herewith approaches Hon'ble Tribunal to kindly condone the delay

AXIOMATIC ITECH PVT. LTD.,AHMEDABAD vs. THE ITO, WARD-1(1)(4), AHMEDABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

154 ITR 148 (SC), the AO held that tax avoidance through colourable devices cannot be permitted. The AO accordingly disallowed the deduction of Rs. 43,75,000/- claimed under section 35(1)(ii) of the Act and added the same to the total income of the assessee. 4. Aggrieved by the assessment order, the assessee filed an appeal before

RURAL DEVELOPMENT FOUNDATION,ANAND vs. CPC, BENGALURU JURIS. AO- THE ITO, WARD-EXEMPTION, VADODARA

In the result, the appeal of the assessee is allowed

Bench: Shri Siddhartha Nautiyal & Shri Narendra Prasad Sinhaआयकर अपील सं /Ita No.927/Ahd/2025 िनधा"रण वष" /Assessment Year : 2019-20 Rural Development Cpc, Bengaluru बनाम/ Foundation Juris.Ao – The Ito Ward- V/S. Aitc, 2Nd Floor Exemption Narayan Complex Vadodara – 390 007 Nr.Shubh Laxmi Shopping Centre Station Road Anand – 388 001 "थायी लेखा सं./Pan: Aabtr 1090 C (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Ms. Arti N. Shah, Ar Revenue By : Shri Rameshwar P. Meena, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 17/10/2025 घोषणा की तारीख /Date Of Pronouncement: 29/10/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has 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 21/02/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2019-2020. 2. The Assessee Has Raised The Following Grounds Of Appeal: Rural Development Foundation Vs. Cpc, Bengaluru Juris Ao The Ito, Ward-Exemption Asst. Year : 2019-20

154, as the Rural Development Foundation vs. CPC, Bengaluru Juris AO The ITO, Ward-Exemption Asst. Year : 2019-20 scope of that provision is confined to mistakes apparent from record, and not to condonation of delay or relaxation of statutory conditions. The appellate authority further noted that the Act provides a specific remedy under section 119(2)(b) empowering

MAHAMADBHAI RAHEMANBHAI MAKWANA,AHMEDABAD vs. THE ITO, WARD-3(1)(2), AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 1543/Ahd/2024 & 1544/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Mahamadbhai Rahemanbhai The Ito बनाम/ Makwana Ward-3(1)(2) V/S. Prop. Of Master Platers Ahmedabad – 380 015 Udhyognagar Tavdipura, Shahibaug Ahmedabad – 380 004 (Gujarat) "थायी लेखा सं./Pan: Aktpm 2009 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/10/2024 घोषणा की तारीख /Date Of Pronouncement: 28/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

154 days in filing the quantum appeal. 6.2. With the delay condoned, the next issue is the adjudication of the quantum appeal on merits. The assessee has raised pertinent issues concerning the valuation of the properties, particularly the tenanted nature and legal disputes affecting the market value. These factors were not adequately considered by the Departmental Valuer

MAHAMADBHAI RAHEMANBHAI MAKWANA,AHMEDABAD vs. THE ITO, WARD-3(1)(2), AHMEDABAD

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos. 1543/Ahd/2024 & 1544/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Mahamadbhai Rahemanbhai The Ito बनाम/ Makwana Ward-3(1)(2) V/S. Prop. Of Master Platers Ahmedabad – 380 015 Udhyognagar Tavdipura, Shahibaug Ahmedabad – 380 004 (Gujarat) "थायी लेखा सं./Pan: Aktpm 2009 E अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri P.F. Jain, Ar Revenue By : Shri Nitin Vishnu Kulkarni, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/10/2024 घोषणा की तारीख /Date Of Pronouncement: 28/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

154 days in filing the quantum appeal. 6.2. With the delay condoned, the next issue is the adjudication of the quantum appeal on merits. The assessee has raised pertinent issues concerning the valuation of the properties, particularly the tenanted nature and legal disputes affecting the market value. These factors were not adequately considered by the Departmental Valuer

PARANTAP CHARITABLE TRUST,VADODARA vs. THE ITO, WARD- EXEMPTION, VADODARA

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

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1697/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2017-18) बनाम Parantap Charitable Trust Income Tax Officer 421, Vraj Siddhi Tower, Ward – Exemption, / Khanderao Market Char Vadodara Vs. Rasta, Rajmahal Road, Vadodara - 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aactp0976E (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Rushin Patel, Ar ""यथ" क" ओर से/Respondent By : Smt. Mamta Singh, Sr. Dr 07/01/2026 Date Of Hearing Date Of Pronouncement 08/01/2026 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Hereinafter Referred To As “Nfac”), Delhi (Hereinafter Referred To As “Cit(A)”) Dated 15.06.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”) & Relates To Assessment Year (A.Y.) 2017-18. 2. The Grounds Of Appeal Raised By The Assessee Are As Under:

condone the delay of 368 days in the filing of the present appeal. 10. Proceeding to adjudicate the issue before me, as noted above, the issue relates to denial of claim of exemption u/s.11 of the Act for the reason that Form 10B was filed belatedly by the assessee. The Ld. CIT(A), as noted above, has admitted

M/S. PUNYABHOOMI WELFARE SERVICE SOCIETY,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(3)(1), AHMEDABAD

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

Bench: Shri Ramit Kochar (Accountant Member)

Section 154 of the Act. The ld. CIT(A) observed that the claim of the assessee that it has expenses of Rs. 10,88,753/- but restricted to total receipts of Rs. 7,82,092/- , and return was filed showing nil income is not correct. The assessee had claimed deduction u/s. 80P of Rs. 7,82,092/- and declared

AMBICA EDUCATION TRUST,HIMATNAGAR vs. THE ADIT, CPC PRESENT JURIS. THE ITO, EXEMPTION, PALANPUR

In the result, the appeals filed by the Assessee are allowed for statistical purposes

Bench: DR. BRR KUMAR (Vice President), Shri T.R. SENTHIL KUMAR (Judicial Member)

7 Ambica Education Trust Vs. ADIT, CPC Through ITO (Exemsption) respondent No. 2 might be justified in denying the exemption under section 11 of the Act by rejecting such condonation application, but an assessee, which is a public charitable trust for past 30 years which substantially satisfies the conditions for availing such exemption, should not be denied the same merely

AMBICA EDUCATION TRUST,HIMATNAGAR vs. THE ADIT, CPC PRESENT JURIS. THE ITO, EXEMPTION, PALANPUR

In the result, the appeals filed by the Assessee are allowed for statistical purposes

Bench: DR. BRR KUMAR (Vice President), Shri T.R. SENTHIL KUMAR (Judicial Member)

7 Ambica Education Trust Vs. ADIT, CPC Through ITO (Exemsption) respondent No. 2 might be justified in denying the exemption under section 11 of the Act by rejecting such condonation application, but an assessee, which is a public charitable trust for past 30 years which substantially satisfies the conditions for availing such exemption, should not be denied the same merely

SH. BHAVESHKUMAR GANSHYAM PATEL,VADODARA, GUJARAT vs. INCOME TAX OFFICER WARD 1(2)(1), VADODARA, VADODARA, GUJARAT

In the result, the appeal is allowed for statistical purposes

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2015-16 Shri Bhaveshkumar Ganshyam Patel Ito, Ward-1(2)(1) 446 Patel Faliya Vs. Vadodara. Moti Khadaki, Tb Sanatorium So Vadodara, Gujarat. Pan : Aunpp 1026 C (Applicant) (Responent) : Assessee By Ms.Nikhita Bhamblani, Ca & Shri Virat Bhavsar, Ar : Ms.Urvashi Mandhan, Sr.Dr. Revenue By सुनवाई क" तारीख/Date Of Hearing : 16/06/2025 घोषणा क" तारीख /Date Of Pronouncement: /06/2025 आदेश आदेश/O R D E R आदेश आदेश

section 154 of the Act, wherein the quantum addition was significantly reduced, the Assessing Officer would suo motu revise or rectify the penalty order accordingly, and therefore, no further independent action was required on his part. Since no physical copy of the CIT(A)'s order was served upon him, the assessee remained unaware of the appellate order. The learned