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

GALAXY DEVELOPERS,AHMEDABAD vs. THE ACIT., CIRCLE-7(2), AHMEDABAD

In the result, the Appeal of the assessee is allowed

House Property.\" Apart from this the AR also placed reliance on following judicial precedents:\ni. Pegasus Properties (P.) Ltd. v. DCIT - [2022] 135 taxmann.com 294 (ITAT Mumbai - Trib.)\nITA No.1445/Ahd/2024\n8\nii. Varun Developers v. ACIT - [2024] 167 taxmann.com 413 (ITAT Pune - Trib.)\niii. DCIT v. Neepa Real Estates (P.) Ltd. [2025] 717 taxmann.com 56 (Mumbai-Trib.)\niv. Vyapti Infrabuild

SAI KRUPA DEVELOPERS,AHMEDABAD vs. THE ACIT, CEN. CIR.1(2), AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

House. Therefore, the case of the Revenue is that effectively, the search was not done at a premises of a “third party” but at the corporate office / main office of one of the key partners of the assessee firm itself and on the basis of search at the premises of the key partner of the assessee firm, the incriminating documents

SAI KRUPA DEVELOPERS,AHMEDABAD vs. THE ACIT, CEN. CIR.1(2), AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

House. Therefore, the case of the Revenue is that effectively, the search was not done at a premises of a “third party” but at the corporate office / main office of one of the key partners of the assessee firm itself and on the basis of search at the premises of the key partner of the assessee firm, the incriminating documents

ASSISTANT COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. SAI KRUPA DEVELOPERS, AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

House. Therefore, the case of the Revenue is that effectively, the search was not done at a premises of a “third party” but at the corporate office / main office of one of the key partners of the assessee firm itself and on the basis of search at the premises of the key partner of the assessee firm, the incriminating documents

ASSTT. COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. SAI KRUPA DEVELOPERS, AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

House. Therefore, the case of the Revenue is that effectively, the search was not done at a premises of a “third party” but at the corporate office / main office of one of the key partners of the assessee firm itself and on the basis of search at the premises of the key partner of the assessee firm, the incriminating documents

SAI KRUPA DEVELOPERS,AHMEDABAD vs. THE ACIT, CEN. CIR.1(2), AHMEDABAD

In the result, this ground of appeal 1 to 4 of the Department is allowed for statistical purposes

Bench: Shri Ramit Kochar & Shri Siddhartha Nautiyal

House. Therefore, the case of the Revenue is that effectively, the search was not done at a premises of a “third party” but at the corporate office / main office of one of the key partners of the assessee firm itself and on the basis of search at the premises of the key partner of the assessee firm, the incriminating documents

MANDAR KULKURNI, HUF,VADODARA vs. INCOME TAX OFFICER,WARD-1(2)(3), VADODARA

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

Bench: Ms. Suchitra Kambleassessment Year: 2011-12

house property in the individual capacity i.e. Mandar Kulkarni. Therefore, the Assessing Officer has reason to believe that the assessee, HUF, had not fulfilled a vital condition for the purchase of new property to be eligible for claiming deduction under Section 54 of the Act i.e. the new property should have been purchased and registered in the name of assessee

SHRI VISHAL JAGDISHBHAI MEHTA,,VADODARA vs. THE ITO, WARD-1(2)(5),, VADODARA

In the result, appeal of the assessee is allowed

148 is bad in law and void since the order of Assessing Officer sought to be Reopened has merged with the order of CIT(A) and it does not existence and therefore the vary basis of Notice of Reopening and Reassessment thereafter is vitiated and against principle of natural justice. On Merits 1) On facts of the case your Appellant

THE UNITED BUILDERS CORPORATION ,,AHMEDABAD vs. DY.CIT, CENTRAL CIRCLE-1(1),, AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

148, section 149, section 151 and section 153,\nwhere the Assess Officer is satisfied that any money, bullion,\njewellery or other valuable article thing or books of account or\ndocuments seized or requisitioned belongs belong to a person other\nthan the person referred to in section 153A, then the books of account\nor documents or assets seized or requisitioned shall

THE MODERN CONSTRUCTION CO. PVT. LTD.,AHMEDABAD vs. ITO, WARD-2(1)(4), AHMEDABAD

The appeal of the assessee is allowed for statistical\npurposes

148, section 149, section 151 and section 153,\nwhere the Assess Officer is satisfied that any money, bullion,\njewellery or other valuable article thing or books of account or\ndocuments seized or requisitioned belongs belong to a person other\nthan the person referred to in section 153A, then the books of account\nor documents or assets seized or requisitioned shall

SEJALBEN PATEL,VADODARA vs. THE PR.CIT, VADODARA-1, VADODARA

The appeal of the assessee is allowed

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2018-19 Sejalben Patel The Pr.Cit-1 1049, Kantvalue Faliyu Vs. Vadodara. At & Po-Karkhadi Tal. Padra, Dist. Vadodara. Pan : Drhpp 9550 D Asstt.Year : 2018-19 Binitaben Sandipkumar Patel The Pr.Cit-1 Javla, Chotra Pase Vs. Vadodara. Savli, Dist. Vadodara. Pan : Cwopp 4609 Q (Applicant) (Responent)

148 of the Act on 31.03.2022, and subsequently, statutory notices under sections 143(2) and 142(1) were issued. The reasons recorded for reopening indicate that the assessee had jointly sold three immovable properties during the financial year 2017–18 relevant to the assessment year under appeal. The properties were as under: i. Land situated at Survey No. 557A, Village

BINITABEN SANDIPKUMAR PATEL,VADODARA vs. THE PR.CIT, VADODARA-1, VADODARA

The appeal of the assessee is allowed

Bench: Ms.Suchitra R. Kamble & Shri Makarand V.Mahadeokarasstt.Year : 2018-19 Sejalben Patel The Pr.Cit-1 1049, Kantvalue Faliyu Vs. Vadodara. At & Po-Karkhadi Tal. Padra, Dist. Vadodara. Pan : Drhpp 9550 D Asstt.Year : 2018-19 Binitaben Sandipkumar Patel The Pr.Cit-1 Javla, Chotra Pase Vs. Vadodara. Savli, Dist. Vadodara. Pan : Cwopp 4609 Q (Applicant) (Responent)

148 of the Act on 31.03.2022, and subsequently, statutory notices under sections 143(2) and 142(1) were issued. The reasons recorded for reopening indicate that the assessee had jointly sold three immovable properties during the financial year 2017–18 relevant to the assessment year under appeal. The properties were as under: i. Land situated at Survey No. 557A, Village

SURESHBHAI PRABHUDAS PATEL,VADODARA vs. ITO - WARD 1(2)(5), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 255-256/Ahd/2021 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-13 Sureshbhai Prabhudas Patel, D.C.I.T. Opp Parbadi Padra Road, Vs. Central Circle-2(1) Samiyala Village, Ahmedabad. Vadodara-390002. Pan: Atypp6249H

property situated at Block No. 170 Paiki, Moje-Samiyala admeasuring 9300 Sq. Mtr vide deed 20-07-2010 for a consideration of Rs. 93 Lakh in which assessee’s share was of Rs. 19 Lakh only. The assessee worked out the long term capital gain of Rs. 9,40,150/- against which claimed an exemption under section

SURESHBHAI PRABHUDAS PATEL,VADODARA vs. ITO - WARD 1(2)(5), VADODARA

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmedआयकर अपील सं./Ita Nos. 255-256/Ahd/2021 िनधा"रण वष"/Asstt. Years: 2011-2012 & 2012-13 Sureshbhai Prabhudas Patel, D.C.I.T. Opp Parbadi Padra Road, Vs. Central Circle-2(1) Samiyala Village, Ahmedabad. Vadodara-390002. Pan: Atypp6249H

property situated at Block No. 170 Paiki, Moje-Samiyala admeasuring 9300 Sq. Mtr vide deed 20-07-2010 for a consideration of Rs. 93 Lakh in which assessee’s share was of Rs. 19 Lakh only. The assessee worked out the long term capital gain of Rs. 9,40,150/- against which claimed an exemption under section

MR. ARPANBHAI VIRAMBHAI DESAI,GANDHINAGAR vs. THE PR. CIT, AHMEDABAD-3, AHMEDABAD

In the result, all four appeals filed by the assessee are\nallowed in above terms

148 is to be obtain separately from Principal\nCommissioner of Income Tax as per the provisions of section 151\nof the Act.\"\n26.\nConsequent to the order of the Hon'ble Supreme Court in the\ncase of Union of India vs. Ashish Agarwal, dated 04.05.2022 and\nin compliance to the directions of the Hon'ble Apex Court,\nproceedings under

SH. RAJESH NARENDRABHAI PATEL,VADODARA vs. INCOME TAX OFFICER, WARD 1(2)(2), VADODARA, VADODARA

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

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2012-13 Shri Rajesh Narendrabhai Patel Ito, Ward-1(2)(2) Baroda Bolt & Engineering Works Vadodara. Opp: Lalbaug Atitigruh Pratapnagar Vadodara Pan : Acqpp 6089 C (Applicant) (Responent) Assessee By : None : Shri B.P. Srivastava, Sr.Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 06/10/2025 घोषणा क" तारीख /Date Of Pronouncement: 09/10/2025 आदेश आदेश/O R D E R आदेश आदेश

house property, capital gains and income from other sources. The return of income for the year under consideration was not originally filed. Subsequently, the case was reopened by issue of notice under section 148

ANKUR CHANDRAKANT PATEL,MEHSANA vs. THE INCOME TAX OFFICER, WARD-1, MEHSANA

In the result, the appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri T.R. Senthil Kumar

house property, proprietary business in the name of M/s. Tractor Trading Co. and other sources. For the year under consideration, the Assessee has filed his original return of income on 29.10.2019 showing total income of Rs.11,77,940/-. Subsequently, the case of the Assessee was reopened u/s. 147 of the Act as per notice u/s. 148 dated 29.03.2023. The Assessing

TANVI SANDEEP MATHUR,AHMEDABAD vs. THE DCIT, CIRCLE-7(1), AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleassessment Year: 2011-12

148 of the Act the assessee e-filed her return of income on 08.08.2018 declaring total income of Rs.29,97,080/-. Thereafter, notice under Section 143(2) of the Act dated 20.08.2018 was issued and served to the assessee. The assessee called for reasons recorded and the Assessing Officer submitted the same. The Assessing Officer observed that during the year