JMC-MSKE(JV),,AHMEDABAD vs. INCOME TAX OFFICER, WARD-5(2)(3),, AHMEDABAD

In the result, appeal filed by the assessee in ITA no

Bench: Us & That These Four

property of the public. The assessee was to maintain at its own cost sufficient experienced supervisory staff required for the work and arrangement of their housing. The assessee was to have the field laboratory for the purpose of testing materials. The assessee has to arrange electric power and water supply. The assessee was also under the obligation to provide traffic

BGSCTPL- MSKEL CONSORTIUM,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-10(1),, AHMEDABAD

In the result, appeal filed by the assessee in ITA no

Bench: Us & That These Four

property of the public. The assessee was to maintain at its own cost sufficient experienced supervisory staff required for the work and arrangement of their housing. The assessee was to have the field laboratory for the purpose of testing materials. The assessee has to arrange electric power and water supply. The assessee was also under the obligation to provide traffic

ACIT CC 2(3) AHMEDABAD, AHMEDABAD vs. AISHA DHIRAJ GOGIA, AHMEDABAD

In the result: 50. To summarize the final outcome:

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinha["ी संजय गग", "ाियक सद" एवं "ी नरे" साद िस!ा, लेखा सद" के सम#।]

houses of the managing director and other directors. In such a case, when the managing director or any other persons were found to be not in possession of any incriminating material, the question of examining them by the authorised officer during the course of search and recording any statement from them by invoking the powers under section 132(4

ATUL GOVINDJI SHROFF,VADODARA vs. THE DCIT, CENTRAL CIRCLE-3, VADODARA

In the result, appeal filed by the Assessee is dismissed

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

4. The learned CIT(A) erred in fact and law in confirming the action of the ld. AO in invoking proviso to section 54F and consequently disallowing the claim of deduction u/s. 54F despite the fact none of the conditions specified under proviso to section 54F were fulfilled in the case of the Appellant. 5. The learned CIT(A) erred

SHRI NAGIN A VAGHELA,VADODARA vs. THE DCIT, CENTRAL CIRCLE-3, VADODARA

In the result, the appeal of the assessee is dismissed for A

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyali.T(Ss).A. Nos.449/Ahd/2019 & 44/Ahd/2020 (A.Ys.: 2011-12 & 2012-13) Deputy Commissioner Of Income Vs. Shri Nagin A. Vaghela, Tax, 11, Purva Bunglow, Nr. Central Circle-3, Manglam Duple, Sama, Vadodara Vadodara [Pan No.Aakpw5302R] (Appellant) .. (Respondent)

house property, business, and other sources. Following a search under section 132 of the Income Tax Act concerning the Vaghela Group on August 30, 2013, a notice under section 153A was issued for the assessment years 2008-09 to 2013-14. Subsequently, the case was selected for scrutiny for the assessment year 2014-15 and on December

SHRI NAGIN A VAGHELA,VADODARA vs. THE ACIT, CENTRAL CIRCLE-3, VADODARA

In the result, the appeal of the assessee is dismissed for A

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyali.T(Ss).A. Nos.449/Ahd/2019 & 44/Ahd/2020 (A.Ys.: 2011-12 & 2012-13) Deputy Commissioner Of Income Vs. Shri Nagin A. Vaghela, Tax, 11, Purva Bunglow, Nr. Central Circle-3, Manglam Duple, Sama, Vadodara Vadodara [Pan No.Aakpw5302R] (Appellant) .. (Respondent)

house property, business, and other sources. Following a search under section 132 of the Income Tax Act concerning the Vaghela Group on August 30, 2013, a notice under section 153A was issued for the assessment years 2008-09 to 2013-14. Subsequently, the case was selected for scrutiny for the assessment year 2014-15 and on December

ACIT CENTRAL CIRCLE 1(3), AHMEDABAD, AHMEDABAD vs. RAKESHKUMAR MAHENDRAKUMAR SHAH , AHMEDABAD

The appeal of the assessee stand dismissed, and the order of the CIT(Appeals) is hereby affirmed in toto

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

House (admitted by the assessee), Rs. 50,00,000/- from Rancharda Land, and Rs.1,81,75,387/- from Mulsana Land. The balance Rs. 12,22,36,163/- was held to be unexplained money or investment. The total assessed income was assessed at Rs.14,73,11,550/-, and penalty proceedings under sections 271AAB and 270A were initiated. 5. In appeal before

RAKESHKUMAR MAHENDRAKUMAR SHAH,AHMEDABAD vs. THE ACIT, CENTRAL CIRCLE-1(3), AHMEDABAD

The appeal of the assessee stand dismissed, and the order of the CIT(Appeals) is hereby affirmed in toto

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

House (admitted by the assessee), Rs. 50,00,000/- from Rancharda Land, and Rs.1,81,75,387/- from Mulsana Land. The balance Rs. 12,22,36,163/- was held to be unexplained money or investment. The total assessed income was assessed at Rs.14,73,11,550/-, and penalty proceedings under sections 271AAB and 270A were initiated. 5. In appeal before

M/S. GARRISON POLYSACKS P.LTD.,,BARODA vs. DY. COMMISSIONER OF INCOME TAX,, BARODA

In the result, all the seven appeals of the assessee are partly allowed

section 40A(7) only the payment by way of contribution towards an "approved gratuity fund" are allowable as deduction. Accordingly, the action of the AO is justified as gratuity fund of the appellant is not approved during the relevant year. Therefore, the second ground is dismissed for the relevant assessment years.” 7. During the course of appellate proceedings before

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is hereby dismissed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

house property qua the properties held as stock in trade on account of deemed rental income. 6.4 As the assessee succeeds on the reasoning as elaborated in the preceding paragraph, therefore we are not inclined to adjudicate the other contentions raised by the Ld.AR for the assessee. Hence the ground of appeal of the assessee is allowed. ITA Nos.37-38/AHD/2021 A.Y.s

THE DCIT, CENTRAL CIRCLE-1(1),, AHMEDABAD vs. M/S. VENUS INFRASTRUCTURE & DEVELOPERS PVT. LTD.,, AHMEDABAD

In the result, the appeal of the Revenue is hereby dismissed

Bench: Ms Suchitra Kamble & Shri Waseem Ahmedआयकरअपीलसं./Ita Nos. 37 & 38/Ahd/2021 धििाधरणणवध/Asstt. Years: 2008-09 & 2017-18 D.C.I.T, M/S Venus Infrastructure & Central Circle-1(1), Vs. Developers Pvt. Ltd., Ahmedabad 1101 Venus Amadeus, Jodhpur Cross Road, Ahmedabad-380015. Pan: Aahcs6254J (Applicant) (Respondent) Revenue By : Shri Akhilendra Pratap Yadaw Assessee By : Shri Tushar Hemani, Sr. Advocate With Shri Parimalsinh B. Parmar & Shri Vijay Govani A.Rs सुिणाईकीतारीख/Date Of Hearing : 08/02/2024 घोवणाकीतारीख/Date Of Pronouncement: 14/02/2024 आदेश/O R D E R Per Waseem Ahmed: The Captioned Two Appeal Have Been Filed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-11, Ahmedabad, Of Even Dated 20/01/2021 Arising In The Matter Of Assessment Order Passed Under S. 147 R.W.S. 143(3) & 143(3) Of The Income Tax Act 1961 (Here- In-After Referred To As "The Act") Relevant To The Assessment Years 2008-09 & 2017-18. First, We Take Up Ita No. 38/Ahd/2021, An Appeal By The Revenue For Ay 2017-18

house property qua the properties held as stock in trade on account of deemed rental income. 6.4 As the assessee succeeds on the reasoning as elaborated in the preceding paragraph, therefore we are not inclined to adjudicate the other contentions raised by the Ld.AR for the assessee. Hence the ground of appeal of the assessee is allowed. ITA Nos.37-38/AHD/2021 A.Y.s

SHRI HASMUKH U. GADHECHA,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(2)(2),, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 2737/Ahd/2016 िनधा"रण वष"/Asstt. Year: 2007-08 Shri Hasmukh U. Gadhecha, I.T.O., 3Rd Floor, Vs. Ward-5(2)(2), Anjali House, Ahmedabad. Opp. Lal Bunglow, C.G. Road Ahmedabad.

house property and capital gain. The assessee along with Shri Kanchanbhai Baldevbhai in the year under consideration has purchased piece of land bearing survey number 311/4 & 311/6 for ₹ 6 Lacs only. The share of the assessee in the land was 50% only. Therefore, the assessee has shown investments at ₹3 Lacs in the income tax return. 3.2 There

THE DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(1),, AHMEDABAD vs. SHRI NITINBHAI RAMCHANDRA PATEL,, AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.2005/Ahd/2016 "नधा"रण वष"/Asstt. Year: 2006-2007 D.C.I.T, Nitinbhai Ramchandra Patel Circle-1(1)(1), Vs. Ambali Bopal Road, Ahmedabad. Arbaligam, Ahmedbad. Pan: Acrpp9175E

Housing society Ltd. and one pravin kumar dayaji thakkar. The position during the relevant financial year is not available. The Block bearing no. 77 is in the name of the assessee along with 2 other people. 4. The Ld.CIT(A) after considering the submission made by the assessee allowed the appeal of the assessee by observing as under: On careful

DHARMENBHAI MAHENDRABHAI SUTARIA,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

4 December 2014. In consequence to search, an excel sheet was found from the premises of Shree Anil Hiralal Shah and Sanket Jitendra Shah Vohra containing the cash transactions for the period beginning from April 2010 to August 2010. Such transactions fall during the financial year 2010-11 corresponding to the assessment year 2011-12. It is mandatory

DHARMENBHAI MAHENDRABHAI SUTARIA,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

4 December 2014. In consequence to search, an excel sheet was found from the premises of Shree Anil Hiralal Shah and Sanket Jitendra Shah Vohra containing the cash transactions for the period beginning from April 2010 to August 2010. Such transactions fall during the financial year 2010-11 corresponding to the assessment year 2011-12. It is mandatory

DHARMENBHAI MAHENDRABHAI SUTARIA,HUF,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), , AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

4 December 2014. In consequence to search, an excel sheet was found from the premises of Shree Anil Hiralal Shah and Sanket Jitendra Shah Vohra containing the cash transactions for the period beginning from April 2010 to August 2010. Such transactions fall during the financial year 2010-11 corresponding to the assessment year 2011-12. It is mandatory

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, VADODARA vs. M/S. SHREE DHAIN AUTO TRANSPORT CORPN., BARODA

In the result, the appeal of the revenue is dismissed

section 143(3) of the Income Tax Act, 1961; in short “the Act”. 2. In this case a search action u/s. 132 of the act was carried in the case of the assessee on 11th Feb, 2010 along with Dhain Group of cases. I.T.A No. 1848/Ahd/2016 A.Y. 2010-11 Page No 2 DCIT vs. M/s. Shree Dhain Auto Transport Corp

M/S. PUSHKAR CORPORATION,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(4), AHMEDABAD

In the result, the appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 2213-2214/Ahd/2018 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 M/S. Pushkar Corporation, D.C.I.T., 27, Nakshatra Arcade, Vs. Central Circle-1(4), Ioc Road, Ahmedabad. Chandkheda, Ahmedabad. C/O. M.S. Chhajed & Co. “Kamal Shanti” Besides Bank Of Baroda, Nr. Sardar Patel Under Bridge, Naranpura, Ahmedabad-380014. Pan: Aalep1840Q & आयकर अपील सं./Ita Nos. 2345-2346/Ahd/2018 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-2013 D.C.I.T., M/S. Pushkar Corporation, Central Circle-1(4), Vs. 27, Nakshatra Arcade, Ahmedabad. Ioc Road, Chandkheda, Ahmedabad. C/O. M.S. Chhajed & Co. “Kamal Shanti” Besides Bank Of Baroda, Nr. Sardar Patel Under Bridge, Naranpura, Ahmedabad-380014. Pan: Aalep1840Q

132(4) of the Act dated 13th July 2013, has also admitted that the right side of the loose sheet bearing No. 42 of annexure A1 appears to be written by him. The contents of the loose sheet bearing No. 42 of annexure A1 has been extracted by the AO on page 5 of the assessment order. 4.4 From