NIRMA LIMITED,AHMEDABAD vs. THE DCTI , CIRCLE-3(1)(1) NOW DCIT, CENTRAL CIRCLE-2(2), AHMEDABAD

Appeal of the assessee is allowed

Bench: Mrs. Annapurna Gupta & Ms. Suchitra R. Kambleिनधा"रण वष"/Assessment Year: 2013-14 Nirma Limited, The Dy. Commissioner Of Vs. Nirma House, Ashram Road, Income-Tax, Ahmedabad-380 009 Circle-3(1)(1), Pan : Aaacn 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Bandish Soparkar, Ar Revenue By : Shri Sanjay Kumar, Sr Dr सुनवाई क" तारीख/Date Of Hearing : 11.07.2024 घोषणा क" तारीख /Date Of Pronouncement: 09.10.2024 आदेश आदेश/O R D E R आदेश आदेश Per Annapurna Gupta: Present Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income-Tax (Appeals)-12, Ahmedabad [Hereinafter Referred To As "Cit(A)" For Short] Dated 10.04.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2013-14. 2. The Effective Ground Raised By The Assessee Is As Follows:-

House, Ashram Road, Income-tax, Ahmedabad-380 009 Circle-3(1)(1), PAN : AAACN 5350 K Ahmedabad-380009 अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee by : Shri Bandish Soparkar, AR Revenue by : Shri Sanjay Kumar, Sr DR सुनवाई क" तारीख/Date of Hearing : 11.07.2024 घोषणा क" तारीख /Date of Pronouncement: 09.10.2024 आदेश आदेश

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

156 tagging the script of Prerna Infrabuild Ltd. as penny script without carrying out proper inquiries. 4.1 The Ld. CIT(A) has grievously erred in law and or on facts in not set a siding the assessment as per Section 251(l)(a) as the assessment was concluded ex parte under section 144. 4.2 That in the law and/or

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

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

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokar

156 tagging the script of Prerna Infrabuild Ltd. as penny script without carrying out proper inquiries. 4.1 The Ld. CIT(A) has grievously erred in law and or on facts in not set a siding the assessment as per Section 251(l)(a) as the assessment was concluded ex parte under section 144. 4.2 That in the law and/or

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

156 tagging the script of Prerna Infrabuild Ltd. as penny script without carrying out proper inquiries. 4.1 The Ld. CIT(A) has grievously erred in law and or on facts in not set a siding the assessment as per Section 251(l)(a) as the assessment was concluded ex parte under section 144. 4.2 That in the law and/or

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

156\ntagging the script of Prerna Infrabuild Ltd. as penny script without carrying out\nproper inquiries.\n4.1 The Ld. CIT(A) has grievously erred in law and or on facts in not set a\nsiding the assessment as per Section 251(1)(a) as the assessment was concluded ex\nparte under section 144.\n4.2 That in the law and/or

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. MUSTUFAMIYA HUSSENMIYAN SHAIKH, AHMEDABAD

In the result, both the appeals of the Revenue are dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

house property & income from other sources. The assessee filed original return on 16.12.2020 u/s 139(1) of the Act declaring total income at Rs. 1,25,74,590/-. The same was processed u/s 143(1) of the Income Tax Act, 1961 on 12.11.2021. A search action u/s 132 of the Act was carried out in the case of MHS Group

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. MUSTUFAMIYA HUSSENMIYAN SHAIKH, AHMEDABAD

In the result, both the appeals of the Revenue are dismissed

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

house property & income from other sources. The assessee filed original return on 16.12.2020 u/s 139(1) of the Act declaring total income at Rs. 1,25,74,590/-. The same was processed u/s 143(1) of the Income Tax Act, 1961 on 12.11.2021. A search action u/s 132 of the Act was carried out in the case of MHS Group

FARIDABANU FARIDMIYA SHEIK LEGAL HEIR OF LATE FARIDMIYA HUSSENMIYA SHEIKH,AHMEDABAD vs. ACIT CENTRAL CIRCLE -1(2), AHMEDABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

house property and income from other sources. For the asst. year 2020-21 the assessee filed his original Return of Income u/s.139(1) of the Act on 16.12.2020 declaring total income of Rs.44,19,940/-. The assessee died on 06-05-2021 and is represented by his wife as the Legal representative. There was a search action u/s.132

FARIDABANU FARIDMIYA SHEIKH LEGAL HEIR OF LATE FARIDMIYA HUSSENMIYA SHEIKH,AHMEDABAD vs. ACIT CENTRAL CIRCLE-1(2), AHMEDABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

house property and income from other sources. For the asst. year 2020-21 the assessee filed his original Return of Income u/s.139(1) of the Act on 16.12.2020 declaring total income of Rs.44,19,940/-. The assessee died on 06-05-2021 and is represented by his wife as the Legal representative. There was a search action u/s.132

DCIT CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. FARIDABANU FARIDMIYA SHAIKH WIFE & LEGAL HEIR OF LATE FARIDMIYA HUSSENMIYA SHAIKH, AHMEDABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

house property and income from other sources. For the asst. year 2020-21 the assessee filed his original Return of Income u/s.139(1) of the Act on 16.12.2020 declaring total income of Rs.44,19,940/-. The assessee died on 06-05-2021 and is represented by his wife as the Legal representative. There was a search action u/s.132

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. FARIDABANU FARIDMIYA SHAIKH WIFE & LEGAL HEIR OF LATE FARIDMIYA HUSSENMIYA SHAIKH, AHMEDABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

house property and income from other sources. For the asst. year 2020-21 the assessee filed his original Return of Income u/s.139(1) of the Act on 16.12.2020 declaring total income of Rs.44,19,940/-. The assessee died on 06-05-2021 and is represented by his wife as the Legal representative. There was a search action u/s.132

DEPUTY COMMISSIONER OF INCOME -TAX, CENTRAL CIRCLE-1(2), AHMEDABAD, AHMEDABAD vs. FARIDABANU FARIDMIYA SHAIKH WIFE & LEGAL HEIR OF LATE FARIDMIYA HUSSENMIYA SHAIKH, AHMEDABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

house property and income from other sources. For the asst. year 2020-21 the assessee filed his original Return of Income u/s.139(1) of the Act on 16.12.2020 declaring total income of Rs.44,19,940/-. The assessee died on 06-05-2021 and is represented by his wife as the Legal representative. There was a search action u/s.132

FARIDABANU FARIDMIYA SHEIKH LEGAL HEIR OF LATE FARIDMIYA HUSSENMIYA SHEIKH,AHMEDABAD vs. ACIT CENTRAL CIRCLE-1(2), AHMEDABAD

In the result, the appeal filed by the Revenue in ITA No

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Makarand Vasant Mahadeokar (Accountant Member)

house property and income from other sources. For the asst. year 2020-21 the assessee filed his original Return of Income u/s.139(1) of the Act on 16.12.2020 declaring total income of Rs.44,19,940/-. The assessee died on 06-05-2021 and is represented by his wife as the Legal representative. There was a search action u/s.132

M/S. HAATHEE VENTURES,,VADODARA vs. INCOME TAX OFFICER, WARD-3(1)(1),, VADODARA

In the result, ground number 3 of the assessee’s appeal is allowed

Bench: The Hearing Of The Appeal.”

156/- 3,01,13,763/- 38.77% From the above details, it is clear that the appellant has received sale consideration to the extent of 63.08% of the agreed sale price o plots and 38.77% of agreed sale price of Villas. As per Guidance Note on computing profit from Real Estate Transaction issued by ICAI, copy of which is placed

MAHALAXMI INFRACONTRACT LIMITED,AHMEDABAD vs. THE DY.CIT, CENTRAL CIRCLE-1(4), AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

House, Opp. Central Circle-1(4), Pakwan-II, S.G. Highway, Ahmedabad Bodakdev, Ahmedabad-380054 [PAN No.AAGCM4615E] (Appellant) .. (Respondent) I.T.A. No.1702/Ahd/2024 (Assessment Year: 2017-18) Mahalaxmi Infracontract Ltd., Vs. Deputy Commissioner of 816-817, Binori B Square-III, Income Tax, Nr. Tradebulls, Sindhu Bhavan Central Circle-1(4), Road, Ahmedabad-380054 Ahmedabad [PAN No.AAGCM4615E] (Appellant) .. (Respondent) Appellant by : Shri Dhinal Shah

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE)-1(4), AHMEDABAD, AHMEDABAD vs. MAHALAXMI INFRACONTRACT LIMITED, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

House, Opp. Central Circle-1(4), Pakwan-II, S.G. Highway, Ahmedabad Bodakdev, Ahmedabad-380054 [PAN No.AAGCM4615E] (Appellant) .. (Respondent) I.T.A. No.1702/Ahd/2024 (Assessment Year: 2017-18) Mahalaxmi Infracontract Ltd., Vs. Deputy Commissioner of 816-817, Binori B Square-III, Income Tax, Nr. Tradebulls, Sindhu Bhavan Central Circle-1(4), Road, Ahmedabad-380054 Ahmedabad [PAN No.AAGCM4615E] (Appellant) .. (Respondent) Appellant by : Shri Dhinal Shah

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE) -1(4), AHMEDABAD, AHMEDABAD vs. MAHALAXMI INFRACONTRACT LIMITED, AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

House, Opp. Central Circle-1(4), Pakwan-II, S.G. Highway, Ahmedabad Bodakdev, Ahmedabad-380054 [PAN No.AAGCM4615E] (Appellant) .. (Respondent) I.T.A. No.1702/Ahd/2024 (Assessment Year: 2017-18) Mahalaxmi Infracontract Ltd., Vs. Deputy Commissioner of 816-817, Binori B Square-III, Income Tax, Nr. Tradebulls, Sindhu Bhavan Central Circle-1(4), Road, Ahmedabad-380054 Ahmedabad [PAN No.AAGCM4615E] (Appellant) .. (Respondent) Appellant by : Shri Dhinal Shah

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#।]

156 taxmann 200) and of the Hon’ble Delhi High Court in the case of “Ishita Varshney Jain vs. ACIT” 2024 (12) TMI 260, to contend that third-party chats cannot determine the value of a different property. On merits, he emphasized the complete lack of corroboration, the time lag, the difference in property details, and the absence