EFFECTIVE TELESERVICES PVT. LTD.,GANDHINAGAR vs. THE PR. CIT-3, AHMEDABAD

In the result, the order passed under Section 263 of the Act is directed to be set-aside

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

house property has resulted in under assessment of Rs. 3,74,74,320/- and consequent short levy of tax of Rs. 1,76,37,993/-. The PCIT issued notice under Section 263

VINEETSINGH GULABSINGH RORE,AHMEDABAD vs. THE PCIT, AHMEDABAD-1, AHMEDABAD

In the result, appeal filed by the assessee is dismissed

Bench: SMT. ANNAPURNA GUPTA (Accountant Member), Ms. SUCHITRA KAMBLE (Judicial Member)

section 263 to us, appears to be a plausible explanation, and there is no doubt that in the consequent assessment, the assessee was assessed multiple times to its returned income, which forced him into action and he came to the consult another legal adviser on whose advise the present appeal was filed before us. The delay in filing of appeal

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)

Housing Society Ltd., Karelibaug, Vadodara, valued at Rs.60,00,000/-. Total AGR (Annual Gross Register) value amounted to Rs.3,69,83,100/-, and a corresponding TDS credit of Rs.2,40,000/- under section 194-IA was reported. ITA No.701 & 702/Ahd/2025 3 3.2 The assessee, in response to notice under section 148, filed her return of income on 28.04.2022. The return

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)

Housing Society Ltd., Karelibaug, Vadodara, valued at Rs.60,00,000/-. Total AGR (Annual Gross Register) value amounted to Rs.3,69,83,100/-, and a corresponding TDS credit of Rs.2,40,000/- under section 194-IA was reported. ITA No.701 & 702/Ahd/2025 3 3.2 The assessee, in response to notice under section 148, filed her return of income on 28.04.2022. The return

AMBE TRADECORP PVT. LTD.,AHMEDABAD vs. THE PR. CIT (CENTRAL), AHMEDABAD

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

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No.53/Ahd/2021 िनधा"रण वष"/Asstt. Year: 2010-2011 Ambe Tradecorp Private Limited, The P.C.I.T.(Central) Iscon House, Vs. Ahmedabad. B/H. Rembrandt Building, C.G. Road, Ahmedabad.

Properties Pvt. Ltd.) and M/s Hit Flo Control Water Treatment Pvt. Ltd. amounting to Rs. 23,50,00,000/- and Rs. 17,79,50,000/- respectively. But there was no discussion /disallowance made qua such share application money in the assessment framed under section 143(3) read with section 147 of the Act dated 13th December 2017 despite the fact

M/S.HDB FINANCIAL SERVICES LTD.,,AHMEDABAD vs. THE PR. CIT-1 , AHMEDABAD

In the result, the appeal filed by the Assessee is hereby allowed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

section 263, of the Income-tax Act, 1961 Income from house property - Deductions (Interest) - Assessment year 2011-12 Assessee-company

SHRI VIJAYBHAI HATHISING SHAH,AHMEDABAD vs. THE PR. CIT-1 , AHMEDABAD

In the result, appeal filed by the Assessee is dismissed

section 54F deduction would not be admissible, if the assessee, at the time of transfer of original asset, owns more than one residential house, other than the new residential house acquired by him. Thus the Assessing Officer did not bring any documents on record that he had made enquiry or verification before allowing the deduction

ARJUN DAS JASUJA,JABALPUR vs. THE CIT (IT & TP), AHMEDABAD

In the result, appeal filed by the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.796/Ahd/2024 िनधा"रण वष" /Assessment Year : 2019-20 Arjun Das Jasuja The Cit (It & Tp) बनाम/ 16, Nayagaon, Rampur Circle-2 V/S. Jebalpur Ahmedabad Madhya Pradesh – 462 008 "थायी लेखा सं./Pan: Aehpj 3059 D अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : Shri Sapan Usrethe, Ar Revenue By : Shri V. Nand Kumar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 03/10/2024 घोषणा की तारीख /Date Of Pronouncement: 15/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

263 of the Act, which allows revision of an order that is passed without proper inquiry or verification. 6.2. Section 55 of the Act deals with the determination of the cost of acquisition and cost of improvement of capital assets for the purposes of computing capital gains. In the present case, the relevant provision is Section

SHRI KARAN RAJENDRAKUMAR ARYA,AHMEDABAD vs. THE PR. CIT-1, AHMEDABAD

In the result the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 31/Ahd/2021 िनधा"रण वष"/Asstt. Year: 2015-2016 Shri Karan Rajendrakumar Arya, The Principal Commissioner Of 802, Saffron, Panchvati, Vs. Income Tax-1, Ambawadi, Ahmedabad. Ahmedabad.

house property and bank statement showing the said payments. Therefore the assessee is eligible for claiming deduction under section 54 and the same should be allowed. 7.10 In view of the above, it is transpired that the AO during the assessment proceedings has framed the assessment under section 143(3) of the Act after necessary verification and application of mind

VIPUL KAMAL PRAKASH SUD,SIDHPUR vs. THE PR. CIT-3, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Ms. Suchitra Kamble & Shri Narendra Prasad Sinhaassessment Year: 2021-22

property sold, which was a single residential house. Therefore, the Assessing Officer had rightly allowed deduction under Section 54 of the Act to the assessee and we do not find any error in the order of the Assessing Officer. Considering these facts, the order of the Assessing Officer cannot be held as erroneous and prejudicial to the Vipul Kamal Prakash

LALITADEVI N. TIBREWALA,,AHMEDABAD vs. THE PR. CIT, , AHMEDABAD

In the result, the appeal of the assessee is dismissed as infructuous

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 318/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2012-2013 Lalitadevi N. Tibrewala, Pr. Commissioner Of 6, Professor Colony, Vs. Income Tax, Nr. Vijay Cross Roads, Ahmedabad-5 Navrangpura, Ahmedabad-380009. Pan: Aappt0073M

section 263 of the Act. 5. The facts in brief are that the assessee in the present case is an individual and deriving her income from House property

DIPAL PIYUSH PALKIWALA ,,AHMEDABAD vs. ITO,WARD-4(4),, AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.839/Ahd/2015 & आयकर अपील सं./ Ita No.3462/Ahd/2016 { "नधा"रण वष"/Assessment Year: 2010-11 Dipal Piyush Palkhiwala, Ito Ward-4(4) 27, Rivera Greens, 1St Floor, Vs Gokuldham Navjeevan Trust Building Sarkhej-Sanand Road, Sanathal, Ahmedabad-380014 Ahmedabad-382210 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri Aseem Thakkar, Ar Revenue By : Smt. Rita Dokania, Cit- Dr

Housing Projects Ltd. reported in 343 ITR 329, Delhi High Court observed that a finding that the order is erroneous is a condition or requirement which must be satisfied for exercise of jurisdiction under section 263 of the Act. The matter cannot be remitted for a fresh decision to the Assessing Officer to conduct further enquiries without such a finding

DIPAL PIYUSH PALKIWALA ,,AHMEDABAD vs. THE ITO, WARD-2(1)(4),, AHMEDABAD

In the result, appeals filed by the assessee i

Bench: Shri Manish Borad & Shri Amarjit Singhआयकर अपील सं./ Ita No.839/Ahd/2015 & आयकर अपील सं./ Ita No.3462/Ahd/2016 { "नधा"रण वष"/Assessment Year: 2010-11 Dipal Piyush Palkhiwala, Ito Ward-4(4) 27, Rivera Greens, 1St Floor, Vs Gokuldham Navjeevan Trust Building Sarkhej-Sanand Road, Sanathal, Ahmedabad-380014 Ahmedabad-382210 अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Appellant By : Shri Aseem Thakkar, Ar Revenue By : Smt. Rita Dokania, Cit- Dr

Housing Projects Ltd. reported in 343 ITR 329, Delhi High Court observed that a finding that the order is erroneous is a condition or requirement which must be satisfied for exercise of jurisdiction under section 263 of the Act. The matter cannot be remitted for a fresh decision to the Assessing Officer to conduct further enquiries without such a finding

SMT. VANITA VASWANI,AHMEDABAD vs. THE PR. CIT (CENTRAL), AHMEDABAD

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedassessment Years : 2010-11 Smt. Vanita Vaswani, The Pcit (Central), 2, Samprat Co-Op. Housing Vs Ahmedabad Society Limited, Opp. Rivera, 11, Prahladnagar, Ahmedabad - 380015 Pan : Aakpv 7868 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "त् "त् यथ" "त् "त् यथ" यथ"/ (Respondent) यथ" Assessee By : Shri Tushar Hemani, Sr. Advocate Shri Parimalsinh B Parmar, Ar & Shri Vijay Govani, Ar Revenue By : Shri Virendra Ojha, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 28/07/2021 घोषणा क" तारीख /Date Of Pronouncement: 17/09/2021 आदेश/O R D E R आदेश आदेश आदेश Per Rajpal Yadav: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax (Central), Ahmedabad Dated 28.03.2021, Passed Under Section 263 Of The Income Tax Act, 1961 (In Short “The Act”), For Assessment Year 2010-2011. The Assessee Has Taken 7 Grounds Of Appeal Which Read As Under:- “1. The Ld. Pcit (Central), Ahmedabad ("The Pcit") Has Erred On Facts & In Law In Invoking Jurisdiction U/S 263 Of The Income Tax Act, 1961 ("The Act") & Has Further Erred In Directing The Ld. Ao To Pass Fresh Assessment Order Incorporating The Market Value Of The Property As Per Section 50C Of The Act. 2. The Ld. Pcit Has Erred On Facts & In Law In Passing Order U/S 263 Of The Income Tax Act, 1961 In The Case Of The Appellant In Failing To Take Smt. Vanita Vaswani Vs. Pr. Cit Ay : 2010-2011 2

Housing Vs Ahmedabad Society Limited, Opp. Rivera, 11, Prahladnagar, Ahmedabad - 380015 PAN : AAKPV 7868 D अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "त् "त् यथ" "त् "त् यथ" यथ"/ (Respondent) यथ" Assessee by : Shri Tushar Hemani, Sr. Advocate Shri Parimalsinh B Parmar, AR & Shri Vijay Govani, AR Revenue by : Shri Virendra Ojha, CIT-DR सुनवाई क" तारीख/Date of Hearing : 28/07/2021 घोषणा

ARUNABEN KISHORKUMAR MANDALIA,AHMEDABAD vs. THE PR.CIT, CENTRAL, AHMEDABAD

In the result, the appeal preferred by the assessee is allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं./Ita Nos. 1052 To 1054/Ahd/2025 िनधा"रण वष"/Asstt. Years: 2017-18 To 2020-21 Arunaben Kishorkumar Mandalia, The Principal बनामVs 12, Ashwamegh-Iii, Commissioner Of . 132 Feet Ring Road, Income Tax (Central), Satellite, Ahmedabad. Ahmedabad-380015. Pan: Ablpm2848Q (अपीलाथ" /Appellant ( ""यथ" /Respondent) Assessee By : Shri M K Patel, With Shri Vartik Choksi, Ars Revenue By : Shri Sher Singh, Cit.Dr

section 263 of the Act. We have to, therefore, examine whether these basic conditions were satisfied in the present case and, if so, how this fact was brought on record in the order u/s. 263 of the Act passed by the Ld. PCIT. ITA Nos.1052 to 1054/Ahd/2025 Asst. Years 2017-18 to 2020-21 7 8. From the digital images

ARUNABEN KISHORKUMAR MANDALIA,AHMEDABAD vs. THE PR.CIT, CENTRAL, AHMEDABAD

In the result, the appeal preferred by the assessee is allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं./Ita Nos. 1052 To 1054/Ahd/2025 िनधा"रण वष"/Asstt. Years: 2017-18 To 2020-21 Arunaben Kishorkumar Mandalia, The Principal बनामVs 12, Ashwamegh-Iii, Commissioner Of . 132 Feet Ring Road, Income Tax (Central), Satellite, Ahmedabad. Ahmedabad-380015. Pan: Ablpm2848Q (अपीलाथ" /Appellant ( ""यथ" /Respondent) Assessee By : Shri M K Patel, With Shri Vartik Choksi, Ars Revenue By : Shri Sher Singh, Cit.Dr

section 263 of the Act. We have to, therefore, examine whether these basic conditions were satisfied in the present case and, if so, how this fact was brought on record in the order u/s. 263 of the Act passed by the Ld. PCIT. ITA Nos.1052 to 1054/Ahd/2025 Asst. Years 2017-18 to 2020-21 7 8. From the digital images

ARUNABEN KISHORKUMAR MANDALIA,AHMEDABAD vs. THE PR.CIT, CENTRAL, AHMEDABAD

In the result, the appeal preferred by the assessee is allowed

Bench: Shri Sanjay Garg & Shri Narendra Prasad Sinhaआयकर अपील सं./Ita Nos. 1052 To 1054/Ahd/2025 िनधा"रण वष"/Asstt. Years: 2017-18 To 2020-21 Arunaben Kishorkumar Mandalia, The Principal बनामVs 12, Ashwamegh-Iii, Commissioner Of . 132 Feet Ring Road, Income Tax (Central), Satellite, Ahmedabad. Ahmedabad-380015. Pan: Ablpm2848Q (अपीलाथ" /Appellant ( ""यथ" /Respondent) Assessee By : Shri M K Patel, With Shri Vartik Choksi, Ars Revenue By : Shri Sher Singh, Cit.Dr

section 263 of the Act. We have to, therefore, examine whether these basic conditions were satisfied in the present case and, if so, how this fact was brought on record in the order u/s. 263 of the Act passed by the Ld. PCIT. ITA Nos.1052 to 1054/Ahd/2025 Asst. Years 2017-18 to 2020-21 7 8. From the digital images

JAY NARENDRAKUMAR THAKKAR,AHMEDABAD vs. ITO, WARD-1(2)(2), AHMEDABAD

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

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 64/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2011-12 Jay Narendrakumar Thakkar, I.T.O., A-503, Sagar Samrat Old Sharda Mandir, Vs. Ward-1(2)(2), Ellisbridge, Ahmedabad. Ahmedabad-380006. Pan: Aavpt8602J

section 263 of the Act vide order dated 29- 12-2016. The revised computation as made by the AO stand as under: Working of LTCG on sale of property 1/2 sale consideration as per form No.1 =Rs.61,03,800/- Less: Indexed Cost (1807347 x 711/406) Rs.31,65,135/- Less: Construction cost Rs.17,66,324/- Rs.49,31,459/- Rs.11

GULMOHAR PARK MALL PVT. LTD.,,AHMEDABAD vs. THE DY.CIT, CIRCLE-4,, AHMEDABAD

In the result, both appeals are allowed as indicated above

section 194 I of the Act which deals with TDS on Rent from letting out property. This TDS made by various parties also confirms the fact that the assessee derived the Rent income which is liable to be treated under the head of House Property only and can be bring to tax under the head of Business Income