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

In the result, appeal of the assessee is allowed

reassessment proceedings, the assessee submitted that during the period, the property was self-occupied since the assessee was staying in the flat during the period since he was finalising the deal for sale of property. The assessee also produced certain bills which he paid to the I.T.A No. 627/Ahd/2019 A.Y. 2011-12 Page No. 4 Shri Vishal Jagdishbhai Mehta

SHRI RAKESH AMBALAL PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(9),, AHMEDABAD

In the result, appeal of the assessee is dismissed

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Royआयकर अपील सं./I.T.A. No. 465/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2010-11)

house property on 21.08.2009 for a consideration of Rs.8 Lakhs as per sale deed was very much present to the mind of the Assessing Officer and therefore invoking s.147 of the Act for substitution of ‘deemed sale consideration’ of Rs.13,17,000/- in place of Rs.8 Lakhs for the purposes of determination of capital gains with reference to Section

ZYDUS LIFESCIENCES LIMITED (FORMERLY KNOWN AS CADILA HEALTHCARE LTD.),AHMEDABAD vs. THE DCIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, appeal preferred by the assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 162/Ahd/2021 ("नधा"रण वष" / Assessment Years : 2016-17)

House Property [as per Return of Income] Rs. 10,34,525/- B. Business Income [as per Return of income] Rs.14,81,24,50,439/- Add: Additions / disallowances as discussed above ITA No. 162/Ahd/2021 (Zydus Lifesciences Ltd. vs. DCIT) A.Y.– 2016-17 - 7 – 1. Transfer pricing adjustment on account Rs. 10,29,60,436/- of corporate guarantee (as per Para

SMT. LIZ HEMANGBHAI BHATT,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-14(2),, AHMEDABAD

In the result, the appeal filed by the assessee is dismissed for non- prosecution

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.2426/Ahd/2016 िनधा"रण वष" /Assessment Year : 2008-09 Smt.Liz Hemangbhai Bhatt The I.T.O. Ward 14 (2) बनाम/ 301, A Devprit Apartment Ahmedabad V/S. Nr.Bodakdev Cross Road Ahmedabad "थायी लेखा सं./Pan: Adtpb 9174 C (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : -None- Revenue By : Shri A.P. Singh, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 28/01/2025 घोषणा की तारीख /Date Of Pronouncement: 30/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: The Present Appeal Has Been Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)-5, Ahmedabad [Hereinafter Referred To As “Cit(A)”] Dated 09.08.2016, For The Assessment Year 2008-09, Arising Out Of The Reassessment Order Passed By The Assessing Officer, Ward- 14(2), Ahmedabad (Hereinafter Referred To As “Ao”), Under Section 147 R.W.S. 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

reassessment proceedings were initiated on account of certain unexplained cash and cheque deposits in the bank account of the assessee. Smt. Liz Hemangbhai Bhatt vs. ITO Asst. Year : 2008-09 The AO made additions under Sections 68 and 69, treating the cash deposits as unexplained cash credits and the cheque deposits as unexplained investment. 3. Aggrieved by the order

TRUPTIBEN NILANGKUMAR TRIVEDI,ANAND vs. INCOME TAX OFFICER, WARD-1, ANAND

In the result, the appeal of the assessee is allowed

Bench: Dr. B.R.R. Kumar, Vice-Shri Siddhartha Nautiyaltruptiben Nilangkumar The Income Tax Officer, Vs. Trivedi, Ward-1, 2/A, Vivekanand Wadi, Anand. Opp Dena Parivar Society, Vidyanagar Road, Anand-388001. [Pan :Agipt7745 F] (Appellant) .. (Respondent) Appellant By : Shri Karan Sukhramani, Ar Respondent By: Shri Ravindra, Sr. Dr Date Of Hearing 06.11.2025 Date Of Pronouncement 14.11.2025

reassessment proceeding despite the fact that Notice under section 148 of the Act dated 31.08.2022 is void and bad in law as it was issued without DIN. 5 In law and in the facts and circumstances of the case, Ld. CIT(A) has grossly erred in upholding addition on account of alleged unexplained money amounting

YASHODABEN MANEKLAL SONI,VADODARA vs. THE INCOME TAX OFFICER, WARD-2, DAHOD

In the result, assessee’s appeal is allowed

Bench: Shri Pramod Kumar & Ms. Madhumita Roy

house property as security for bank guarantee enjoyed by the firm M/s. P Maniklal Soni & Co. and M/s. M.S. Gold (Prop. Smt Sarojben M. Soni). The Assessee also supplied the valuation report of the concerned property to the bank. In valuation report the cost of construction of the building was shown at Rs.1,57,85,660/-. The period of construction

SHRI CHANNANSINGH S. GILL,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-8(1),, AHMEDABAD

In the result, the appeal is allowed in the terms indicated above

reassessment proceedings initiated by Ld. A.O. in the present case is merely on change of opinion as there is no new cogent material available on record which would otherwise suggest that income chargeable to tax has escaped assessment. 3.2 In law and in facts and circumstances of the appellant's case, the Ld. A.O. has verified the claim of deduction

THE DY. CIT, ANAND CIRCLE,, ANAND vs. SHRI SAURABHKUMAR MUKUTLAL GUPTA,, ANAND

house property and income from other sources. The assessee filed its Return of Income on 23.03.2010 for the Assessment Year 2009-10 declaring total income of Rs. 3,35,330/-. The regular assessment u/s. 143(3) of the Act was completed on 08.11.2011 assessing the admitted income. Thereafter the case was reopened by issuing a notice

AMISH UMESH JANI,THANE, MAHARASHTRA vs. INCOME TAX OFFICER WARD 4(2)(5), AHMEDABAD, GUJARAT

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

Bench: Shri Ramit Kochar (Accountant Member)

house in Ahmedabad, she received the various notice and orders. Thus, the appellant was prevented by sufficient cause in not presenting the appeal within time." The plea of the appellant is not acceptable as the appellant has not submitted any documentary evidence in support of her claims. In absence of any such documentary evidence, the delay in filing the appeal

GOVINDBHAI HIRABHAI BHARVAD,VASNA AHMEDABAD vs. INCOME TAX OFFICER, WARD 6(1)(1) AHMEDABAD, INCOME TAX OFFICE, AAYAKAR BHAWAN VEJALPUR

In the result, the appeal filed by the Assessee is allowed for statistical purpose

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

reassessment order passed under section 147 of I.T.A No. 341/Ahd/2024 A.Y. 2015-16 Page No 2 Govindbhai HIrabhai Bharvad vs. ITO the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year 2009-10. 2. The brief facts of the case is that the assessee is an individual deriving income under the head House Property

NITABEN GIRISHBHAI PATEL,AHMEDABAD vs. THE ITO, WARD-3(3)(2), AHMEDABAD

In the result, while upholding the validity of reopening, we set aside the ex parte order of the CIT(A) on merits and restore the matter to his file for fresh adjudication in accordance with law

Bench: Shri Siddhartha Nautiyal & Shri Makarand V.Mahadeokarasstt.Year : 2017-18 Nitaben Girishbhai Patel The Ito, Ward-3(3)(2) 33/B, Swi Park, Private Plot Vejalpur Madhuvrund Society Ahmedabad. Ghatlodiya, Ahmedabad. Pan : Aappp 5738 F (Applicant) (Responent) : Shri Parimalsinh B. Parmar, Ar Assessee By : 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 of Rs.50,400/-, had invested Rs.19,68,683/- in shares of M/s Kushal Ltd., a fundamentally weak company with no worthwhile credentials. The AO noted that such investment did not commensurate with the assessee’s known sources of income. Further, according to the AO, the movement in the share price of M/s Kushal Ltd. was highly abnormal, where

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

TEJAS C. JOSHI,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-5(3)(3), AHMEDABAD

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

Bench: Shri T.R. Senthil Kumar (Judicial Member), Shri Narendra Prasad Sinha (Accountant Member)

house property, business income and other sources. For the Asst. Year 2011-12, assessee filed its original Return of Income on 07-07-2012 declaring total income of Rs.17,54,560/-. As per information available with the Department, the assessee has received credit entry amounting to Rs.4,05,553/- of his minor child and not clubbed the same income

SHRI SHIVAJIRAO R.CHAVAN,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-13(2), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt.Annapurna Gupta & Shri Siddhartha Nautiyalassessment Year : 2001-02 Shivajirao R. Chavan Vs. Ito, Ward-13(2) M-327, Sector 4, K.K. Nagar Ahmedabad. Opp: Water Tank, Ghalodia Ahmedabad.

reassessment proceedings was initiated on the assessee, resulting in various additions being made to his income. Additions confirmed by the ld.CIT(A) have been challenged before us in various grounds raised before us. 5. The ground no.1 raised by the assessee reads as under: “1. The Ld. CIT (A) erred in law and on facts of the case in confirming

SHASHANK SHEKHAR SINGH,,NEW DELHI vs. DY.COMMISSIONER OF INCOME TAX,CIRCLE-7,, BARODA

In the result, ITA No. 924/Ahd/2016 appeal filed by the Assessee is allowed for statistical purposes and ITA No

House Property and other Sources. The assessee has not filed the Return of Income under 139(1) of the Act. Therefore a notice u/s. 148 was issued on 07.12.2012 and in response thereto the assessee filed its Return of Income declaring total income of Rs. 17,26,770/- and paid taxes of Rs. 4,66,323/- and claiming a refund

SHASHANK SHEKHAR SINGH,,NEW DELHI vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-4(1),, BARODA

In the result, ITA No. 924/Ahd/2016 appeal filed by the Assessee is allowed for statistical purposes and ITA No

House Property and other Sources. The assessee has not filed the Return of Income under 139(1) of the Act. Therefore a notice u/s. 148 was issued on 07.12.2012 and in response thereto the assessee filed its Return of Income declaring total income of Rs. 17,26,770/- and paid taxes of Rs. 4,66,323/- and claiming a refund

ATUL LIMITED,AHMEDABAD vs. THE ACIT.,RANGE-1,, AHMEDABAD

Appeal is dismissed

house property, Profit & Gains of business or profession, Capital Gains & Income from other sources. The Section 14A relates to expenditure incurred in relation to income which are not includable in Total Income and which are exempted from tax. No taxes are therefore levied on such exempted income. The Section 14A had been incorporated in the Income Tax Act to ensure

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