GUJARAT INFRAPIPES PVT. LTD.,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

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

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) relating to the Assessment Year (AY) 2013-14. For the sake of convenience, these appeals were ITA Nos. 813 & 987/Ahd/2017 A.Y. 2013-14 M/s. Gujarat Infrapipes Pvt. Ltd. Vs. DCIT 2 heard together and are being disposed of by way of this consolidated order. 2

GUJARAT FLUOROCHEMICALS LIMITED,,VADODARA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

depreciable assets; clause (b) value of capital assets in respect of which whole expenditure has been allowed as a deduction under section 35AD of the Act, and clause(c) is a residuary clause in respect of assets which do not fall within (a) or clause (b) of this Explanation. Thus, scheme of this section would suggest that if sub-section

GUJARAT FLUROCHEMICALS LIMITED.,,VADODARA vs. THE ACIT, CIRCLE-1(1)(1),, VADODARA

In the result, both appeals of the assessee are partly allowed

Bench: Shri Rajpal Yadav & Shri Amarjit Singhआयकर अपील सं./ Ita No.805/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 & Asst.Year : 2013-2014

depreciable assets; clause (b) value of capital assets in respect of which whole expenditure has been allowed as a deduction under section 35AD of the Act, and clause(c) is a residuary clause in respect of assets which do not fall within (a) or clause (b) of this Explanation. Thus, scheme of this section would suggest that if sub-section

RAMESHBHAI ARVINDBHAI PATEL,VADODARA vs. THE ITO, WARD-3(1)(4), VADODARA

In the result, ground number 2 of the assessee’s appeal is dismissed

50C of the Act. The learned counsel for the assessee drew attention to pages 16 to 16 A of the paper book which is the distance certificated and population certificate issued by “Talati cum mantri” in respect of the impugned land. He further drew attention to page 30 of paper book containing the Google Maps showing the relevant distance

RAMESHBHAI ARVINDBHAI PATEL,VADODARA vs. THE ITO, WARD-3(1)(4), VADODARA

In the result, ground number 2 of the assessee’s appeal is dismissed

50C of the Act. The learned counsel for the assessee drew attention to pages 16 to 16 A of the paper book which is the distance certificated and population certificate issued by “Talati cum mantri” in respect of the impugned land. He further drew attention to page 30 of paper book containing the Google Maps showing the relevant distance

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

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

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

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

KAUSHA J. SHAH,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3),, AHMEDABAD

In the result, the appeals of the assessees are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita.No.1741/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2011-2012 Priti Jayesh Shah Dcit, Cent.Cir.2(3) 26, Elora Park Society Ahmedabad. Vs Naranpura, Ahmedabad. Pan : Ainps 3952 L

2) of the Act and the value has been substantially reduced. The ld.CIT(A) has accepted the said report of the DVO. 6. On due consideration of the above facts and circumstances, we are of the view that Section 48 of the Income Tax Act provides mode of computation of capital gain. It contemplates that income arising under the head

PRITI JAYESH SHAH,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3),, AHMEDABAD

In the result, the appeals of the assessees are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita.No.1741/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2011-2012 Priti Jayesh Shah Dcit, Cent.Cir.2(3) 26, Elora Park Society Ahmedabad. Vs Naranpura, Ahmedabad. Pan : Ainps 3952 L

2) of the Act and the value has been substantially reduced. The ld.CIT(A) has accepted the said report of the DVO. 6. On due consideration of the above facts and circumstances, we are of the view that Section 48 of the Income Tax Act provides mode of computation of capital gain. It contemplates that income arising under the head

KILLOLI R. SHAH,,AHMEDABAD vs. THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(3),, AHMEDABAD

In the result, the appeals of the assessees are allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita.No.1741/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2011-2012 Priti Jayesh Shah Dcit, Cent.Cir.2(3) 26, Elora Park Society Ahmedabad. Vs Naranpura, Ahmedabad. Pan : Ainps 3952 L

2) of the Act and the value has been substantially reduced. The ld.CIT(A) has accepted the said report of the DVO. 6. On due consideration of the above facts and circumstances, we are of the view that Section 48 of the Income Tax Act provides mode of computation of capital gain. It contemplates that income arising under the head

ADANI AGRO PVT. LTD.,,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, the assessee appeal is thus allowed

Bench: Shri O. P. Meena& Ms. Madhumita Roy

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

KAMLESHBHAI MANUBHAI PATEL,VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

The appeal of the Assessee is partly allowed for statistical purpose

Bench: Shri Tr Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2012-13

section 50C of the Act. As regards working out the sale consideration by adopting the jantri value as on date of agreement, the Ld. Sr. DR submitted that the matter may be set aside to the AO for this purpose with suitable direction. Kamleshbhai Manubhai Patel Vs. DCIT, AY- 2012-13 6 8. We have considered the rival submissions. From

THE ITO, WARD-1(1)(2),, AHMEDABAD vs. M/S. BAJAJ HERBALS PVT. LTD.,, AHMEDABAD

In the result, the appeal preferred by the Revenue is, thus, allowed for statistical purposes

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

depreciation of Rs. 2,11,723/- by deleting the addition made by the Ld. AO. So far as the expenses of the Rs. 39,663/- claimed on the running of the vehicle is concerned, we find that the Ld. CIT(A) was not satisfied so as to the claim made by the assessee by demonstrating that the whole expenses

INOX RENEWABLES LIMITED,VADODARA vs. ACIT, CIRCLE1(1)(2), , VADODARA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadavआयकर अपील सं./ Ita No.1731/Ahd/2017 "नधा"रण वष"/Asstt. Year: 2012-2013 Inox Renewables Ltd. Vs. Acit, Cir.1(1)(2) Vadodara. Abs Towers 2Nd Floor Old Padra Road Vadodara 390 007 Pan : Aacci 4628 K

depreciation on account of assets of wind energy business by the AO is also upheld.” 4. The ld.counsel for the assessee at the very outset submitted that the issue is squarely covered in favour of the assessee by the order of the ITAT passed in the case of Gujarat Florochemicals Ltd. i.e. ITA No.805/Ahd/2017 and others. He placed on record

SHRI ASHOK NATVARLAL PATEL,AHMEDABAD vs. THE ITO, WARD-2(2)(1), AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Ms. Suchitra Kambleassessment Year: 2013-14

Section 50C of the I.T. Act shall not be charged in your case. 4. The appellant vide reply dated 26.02.2016 explained the issue in details but AO without properly considering the same, added capital gain of Rs.14,65,000/- towards sale of residential building and Rs.2,51,667/- towards sale of factory buildings. A.Y. 2013-14 Page 2

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

depreciation was last claimed, instead of F.Y. 2006-07, being the actual year of acquisition of the asset. 2. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in computing long-term capital gains amounting to Rs. 2,86,99,314/- by taking cost of acquisition for indexation

SHRI HEMANG CHIMANBHAI POKAL,AHMEDABAD vs. THE PR. CIT-3, AHMEDABAD

In the result, appeal of the assessee is allowed

2. As transpires from the orders of the authorities below, the revisionary powers were exercised by the Ld. PCIT with respect to the assessment order passed in the case of the assessee for the impugned year u/s.143(3) r.w.s. 147of the Act on 15.11.2019 and the said order was held to be erroneous causing prejudice to the revenue

SHRI HARAPALSINH B CHUDASAMA,AHMEDABAD vs. THE ITO, WARD-3(2)(2), AHMEDABAD

Bench: Ms. Suchitra Kambleassessment Year: 2015-16

2) of the Act was issued on 18.09.2017. Notice under Section 142(1) of the Act alongwith questionnaire was issued on 03.11.2017 which was served upon the assessee. The assessee did not file requisite details at that juncture but after issuance of notice under Section 142(1) of the Act on 30.11.2017, the ld. AR of the assessee subsequently filed