SHRI BHAVESHBHAI O. LAKHANI,,BHAVNAGAR vs. THE INCOME TAX OFFICER, WARD-1(3),, BHAVNAGAR

In the result, the appeal is allowed for statistical purposes in the terms indicated above

Bench: Us. Bhaveshbhai O Lakhani Vs. Ito Assessment Year: 2012-13 Page 2 Of 9

Section 50C was introduced. While the Government must be complimented for the unparalleled swiftness with which the Easwar Committee recommendations, as accepted by the Government, were implemented, I, as a judicial officer, would think this was still one step short of what ought to have been done inasmuch as the amendment, in tune with the judge made law, ought

SHRI GOVINDBHAI G. BHARWAD,,AHMEDABAD vs. THE DY.CIT, CIRCLE-6,, AHMEDABAD

Appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 2436/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2011-2012 Govindbhai G. Bharwad, D.C.I.T., 1, Vushwas Residency, Vs. Circle-6, Opp. Malav Kutir, Ahmedabad. B/H Hitarth Party Plot, Sola, Ahmedabad.

section 50C was introduced. [Para 8] “ 9.5 We also find support and guidance from the judgment of Hon’ble Agra ITAT Rajiv Kumar Agarwal v. ACIT [IT Appeal No. 337 (Agra) of 2013] which was followed by the Hon’ble Delhi High court in case of CIT vs. Ansal Land Mark Township (P) Ltd. reported in 377 ITR 635 where

DILIP MOHANDAS DEVANI,VADODARA vs. INCOME TAX OFFICER, WARD-1(2)(1), VADODARA

In the result, the appeal of the assessee is partly allowed for statistical purposes, in terms of our above directions

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

section 50C of the Act and disallowing the cost of Dilip Mohandas Devani vs. ITO Asst. Year –2012-13 - 4– improvement

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

disallowed the claim of the assessee. 45. After considering submissions of the both the sides, we find that though the Hon’ble Gujarat High Court in the case of Gujarat State Road Transport Corporation (supra) has held that if the payment to PF and ESI are not being made within the due date prescribed under those Act, then deduction will

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

disallowed the claim of the assessee. 45. After considering submissions of the both the sides, we find that though the Hon’ble Gujarat High Court in the case of Gujarat State Road Transport Corporation (supra) has held that if the payment to PF and ESI are not being made within the due date prescribed under those Act, then deduction will

THE DCIT, CIRCLE-1(1)(1),, VADODARA vs. M/S. GUJARAT INFRA PIPES PVT. LTD.,, VADODARA

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

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

50C of the Act 6,71,29,538/- (vi) Disallowance on account of Excess Depreciation 4,58,137/- Claimed on Software Licenses (vii) Capitalization of Interest on Capital Work in Progress 47,37,168/- (viii) Disallowance u/s. 40A(3) of the Act 60,517/-. 2.1. Thus, the Assessing Officer determined the total income of the assessee as Rs.7

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

50C of the Act 6,71,29,538/- (vi) Disallowance on account of Excess Depreciation 4,58,137/- Claimed on Software Licenses (vii) Capitalization of Interest on Capital Work in Progress 47,37,168/- (viii) Disallowance u/s. 40A(3) of the Act 60,517/-. 2.1. Thus, the Assessing Officer determined the total income of the assessee as Rs.7

JAYSHRIBEN BHARATBHAI PATEL,VADODARA vs. THE ITO, WARD-1(3)(2), VADODARA

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

Bench: Smt.Annapurna Guptaasstt.Year :2011-12 Jayshriben Bharatbhai Patel Ito, Ward-1(3)(2) Village :Garadi Vs Vadodara. Taluka :Sinor Vadodara 391 210 Pan : Bjupp 1758 E

50C of the Act, but at the same time, rejected valuation of cost of acquisition of the property adopted by the AO on the basis of valuation done by the DVO, and directed the AO to adopt the value of cost of acquisition taken by the assessee. He further upheld the denial of claim of deduction under section

GALAXY GLOBAL PVT. LTD.,AHMEDABAD vs. DCIT CIRCLE 2(1)(2),, AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No.134/Ahd/2018 "नधा"रण वष"/Asstt. Year: 2013-2014 Galaxy Global Pvt. Ltd., D.C.I.T., 4Th Floor Commercial House, Vs. Circle-2(1)(2), Opp. Rajvansh Tower, Ahmedabad. Near Surel Bunglows, Bodakdev, Ahmedabad.

Section 50C of the Act and ought to have quashed the Assessing Officer's order. 2. Without prejudice to the above, on facts and in the circumstances of the Appellant's case, the Ld. CIT (Appeals) has erred in confirming disallowance

SHRI KIRIT N. NAGAR,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(1),, BARODA

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

section 50C of the Act and disallowance of claim of exemption under section 54F of the Act, the Ld. CIT(Appeals

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

disallowance of freight expenses of Rs. 3414124/- u/s 40(a)(ia) of the Act. The A.O. in the impugned order considered payment of Rs. 3414124/- to eight parties in respect of freight and forwarding expenses (already discussed para 4A above) and rejected appellants explanation that due TDS was deducted as per the provisions as evidenced by photo copies of invoices

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, to compute the short-term capital gain derived by the assessee on the sale of land. It was found that the stamp duty paid on the sale of land was at jantri value of Rs. 1.37 crores. Accordingly, the AO had taken the sale consideration of land at Rs.1.37 crores and worked out STCG

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

SHRI NEERAV SHAILESH PAREKH,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-11,, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Ms. Suchitra Kambleassessment Year: 2008-09

Section 50C in as much as what is transferred is neither land nor building, it is the shares of a private limited company. The Ld. AR submitted that the assessee has given reasonable justification in the sale consideration Assessment Year: 2008-09 Page 4 of 7 received between two class of shareholders. One class of shareholders were also the tenants

MOHAMMEDAARIF YUNUSBHAI PATEL,VADODARA vs. THE ITO, WARD-1(2)(1) (PREVIOUSLY WARD-1(2)(3)), VADODARA

In the result, appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

disallowance under Section 50C of the Act on the basis of his report. The ground taken by the assessee is allowed

MOHAMMEDAARIF YUNUSBHAI PATEL,VADODARA vs. THE ITO, WARD-1(2)(1), VADODARA

In the result, appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

disallowance under Section 50C of the Act on the basis of his report. The ground taken by the assessee is allowed

MOHAMMEDAARIF YUNUSBHAI PATEL,VADODARA vs. THE ITO, WARD-1(2)(1) (PREVIOUSLY WARD-1(2)(3)), VADODARA

In the result, appeal of the assessee is partly allowed

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinha

disallowance under Section 50C of the Act on the basis of his report. The ground taken by the assessee is allowed