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

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n\n1.1 On the facts and circumstances of the case, the Ld.CIT(A) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT,ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii). 1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in restricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs. 10,00,000/- ignoring the provisions of sub-section (2) of section 14A that require mandatory invoking of Rule 8D where the A.O. has duly

DCIT CIRCLE-3(3), AHMEDABAD vs. SHRI ALPESHKUMAR C.PATEL, AHMEDABAD

In the result, the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 1908/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2011-2012 Alpeshkumar C. Patel, A.C.I.T., 503, Milestone Building, Vs. Circle-3(3), Drive In Road, Ahmedabad. Thaltej, Ahmedabad-380052. Pan: Aeapp9489G

housing loan available to the assessee but the same was not utilized for the purpose of the investment in the property. In this connection we note that the AO has made charts for different assessment years in which the assessee has sold different lands. These charts are available on pages 51 and 52 of the assessment order. The allegation that

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where the A.O. has duly

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n1.1 On the facts and circumstances of the case, the Ld.CIT(A) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where

NATIONAL DAIRY DEVELOPMENT BOARD,ANAND vs. THE DY.CIT, ANAND CIRCLE, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

144(2) read with Rule 8D(2)(iii).\n\n1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where

ACIT, ANAND CIRCLE, ANAND, ANAND vs. NATIONAL DAIRY DEVELOPMENT BOARD, ANAND

In the result, the appeals filed by the Revenue in ITA Nos

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar (Judicial Member)

144(2) read with Rule 8D(2)(iii).\n\n1.1 On the facts and circumstances of the case, the Ld.CITIA) has erred in\nrestricting the disallowance u/s 14A of the Income Tax Act, 1961 to Rs.\n10,00,000/- ignoring the provisions of sub-section (2) of section 14A that\nrequire mandatory invoking of Rule 8D where

NALINI VIJAY SHAH,AHMEDABAD vs. ITO WARD 3(1)(2), AHMEDABAD

In the result, all appeals filed by the assessee are allowed for\nstatistical purposes

house property, capital gains and income from\nother sources. The case of the assessee was reopened under Section 147\nof the Act and certain additions were made on account of bogus\ntransactions under Section 68 of the Act.\n4. Before us, at the time of hearing the Counsel for the assessee\nsubmitted that both the assessment order as well

NALINI VIJAY SHAH,AHMEDABAD vs. ITO WARD 3(1)(2), AHMEDABAD

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

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

house property, capital gains and income from other sources. The case of the assessee was reopened under Section 147 of the Act and certain additions were made on account of bogus transactions under Section 68 of the Act. 4. Before us, at the time of hearing the Counsel for the assessee submitted that both the assessment order as well

NALINI VIJAY SHAH,AHMEDABAD vs. ITO WARD 3(1)(2), AHMEDABAD

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

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

house property, capital gains and income from other sources. The case of the assessee was reopened under Section 147 of the Act and certain additions were made on account of bogus transactions under Section 68 of the Act. 4. Before us, at the time of hearing the Counsel for the assessee submitted that both the assessment order as well