GITABEN DINESHBHAI PATEL,AHMEDABAD vs. ITO WARD 5(3)(1), AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

reassessment proceedings initiated under section 147 of the Act are valid in law. On this issue, we find no infirmity in the order of the learned CIT(Appeals) so as to call for any interference. Accordingly, this ground of appeal raised by the assessee is dismissed. 7. On merits, the ld. counsel for the assessee also placed reliance

LEELA GREENSHIP RECYCLING PVT. LTD.,BHAVNAGAR vs. THE DY. CIT, CIRCLE-1, BHAVNAGAR

In the result, both the appeals are treated as partly allowed for\nstatistical purposes in terms of above directions

reassessment proceedings. The DR emphasized that\nthe proprietor of the said concern could not be traced during field inquiries\nand failed to respond to notices issued under section 133(6). Therefore, the\nvery existence of the supplier was highly doubtful. The learned DR further\nsubmitted that the assessee has failed to explain why such transactions were\ncarried out only

ACIT, CIRCLE-1, BHAVNAGAR, BHAVNAGAR vs. LEELA GREENSHIP RECYCLING PRIVATE LIMITED, BHAVNAGAR

In the result, both the appeals are treated as partly allowed for statistical purposes in terms of above directions

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No. 2111/Ahd/2024 िनधा"रण वष" /Assessment Year : 2018-19 Leela Greenship Recycling Pvt. Ltd., The Deputy Office No.303, 3Rd Floor, बनाम/ Commissioner V/S. B Wing, Leela Efcee, Of Income Tax, Near Aksharwadi Temple, Circle-1, Waghawadi Road, Bhavnagar. Bhavnagar-364002. "थायी लेखा सं./Pan: Aagcg8956L

reassessment proceedings. The DR emphasized that the proprietor of the said concern could not be traced during field inquiries and failed to respond to notices issued under section 133(6). Therefore, the very existence of the supplier was highly doubtful. The learned DR further submitted that the assessee has failed to explain why such transactions were carried out only

INCOME-TAX OFFICER, WARD-4(2)(1), AHMEDABAD , AHMEDABAD vs. LATE KHODAJI RANCHHODJI THAKOR LEGAL HEIR NARENDAKUMAR KHODAJI THAKOR, AHMEDABAD

In the result, the appeal filed by the Revenue is, therefore, dismissed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyalआयकर अपील सं /Ita No.948/Ahd/2025 िनधा"रण वष" /Assessment Year : 2017-18 The Ito Late Khodaji Ranchhodji Ward-4(2)(1) बनाम/ Thakor V/S. Ahmedabad – 380 015 Legal Heir Narendrakumar Khodaji Thakor Ahmedabad – 382 481 "थायी लेखा सं./Pan: Afwpt 1453 K (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Chetan Agarwal, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 18/09/2025 घोषणा की तारीख /Date Of Pronouncement: 06/11/2025 आदेश/O R D E R Per Siddhartha Nautiyal, Jm: The Present Appeal Has Been Preferred By The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 24/02/2025 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2017-2018. 2. The Revenue Has Raised The Following Grounds Of Appeal:

172 ITR 250 (SC)] and Smt. Srilekha Banerjee v. CIT [1964 AIR 697 (SC)], the AO observed that where the source of money is not satisfactorily proved, such money can be treated as income from undisclosed sources. Accordingly, the AO made an addition ITO vs. Late Khodaji Ranchhodji Thakor Legal Heir Narendrakumar Khodaji Thakor Asst. Year

SUNNY TARUNKUMAR DOSHI,JETPUR vs. THE ITO, WARD-1(1)(1), AHMEDABAD

In the result, appeal filed by the assessee is dismissed

Bench: Smt. Annapurna Gupta & Ms. Suchitra Kambleassessment Year: 2014-15

reassessment under Section 147. CIT vs. Jet Airways (I) Ltd. [2011] 331 ITR 236 (Bom), Ranbaxy Laboratories Ltd. vs. CIT [2011] 336 ITR 136 (Del) and CIT vs. Mohmed Juned Dadani [2013] 355 ITR 172

M R PATEL AND SONS,SOUTH TOWER,AMBLI BOPAL ROAD vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, AAYAKAR BHAWAN (VEJALPUR),NR SACHIN TOWER,ANANDNAGAR PRAHLADNAGAR ROAD,AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T. R. Senthil Kumar (Judicial Member)

section 263 of the Act are applicable in this case.” 5. Aggrieved against the Revision order, the assessee is in appeal before us raising the following Grounds of Appeal: 1. On the facts & in the circumstances of the case, it is most respectfully submitted that the Ld. Principal Commissioner of Income Tax-1 has erred in Law and on Facts

SHRI DHANESH P.SONI,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-3(2),, AHMEDABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

172/- . The assessee has shown income at Rs.6,63,825/- from business & profession. All these details would indicate that the assessee has not given effect to this transaction in true sense. When we confronted this aspect to the ld.counsel for the assessee, then he conceded that this amount is taxable in the Asstt.Year 2010-11 and necessary direction be issued

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

section 250 of the Act by the Ld. CIT(A) were inadvertently not forwarded to her Chartered Accountant due to oversight. It has been explained that at the time of filing the appeal, the email ID of the assessee’s husband was furnished since he was looking after all matters pertaining to income-tax. However, owing to inadvertence and oversight

RASIKBHAI RAMDAS PATEL,MEHSANA vs. THE PR. CIT-3, AHMEDABAD

In the result the appeal filed by the assessee is allowed

Bench: Shri Waseem Ahmed & Shri T.R. Senthil Kumarआयकर अपील सं./Ita No. 98/Ahd/2021 िनधा"रण वष"/Asstt. Year:2011-2012 Rasikbhai Ramdas Patel, The Principal Commissioner Lal Vas, At. Thol, Vs. Of Income-Tax-3, Tal. Kadi, Ahmedabad Dist. Mehsana-382715. Gujarat.

172 wherein it was held as under: 30. We may also approach the question from a slightly different angle. It is not in dispute that once an assessment is reopened by a valid exercise of jurisdiction under Section 147 of the Act, it is open for the Assessing Officer to assess or reassess

SHRI HIRALAL D. THAKKAR,AHMEDABAD vs. THE PR. CIT (CENTRAL), , AHMEDABAD

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumar

reassessment was pending on the date of initiation of search under section 132 or making of requisition under section 132A, while computing the total income of the assessee under section 153A of the Act, additions or disallowances can be made only on the basis of the incriminating material found during the search or requisition. In the present case

SHRI HIRALAL D. THAKKAR,AHMEDABAD vs. THE PR. CIT (CENTRAL), , AHMEDABAD

Bench: S/Shri Pramod M. Jagtap & T.R. Senthil Kumar

reassessment was pending on the date of initiation of search under section 132 or making of requisition under section 132A, while computing the total income of the assessee under section 153A of the Act, additions or disallowances can be made only on the basis of the incriminating material found during the search or requisition. In the present case

BHANSALI FISCAL SERVICES PVT.LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-1(2),, AHMEDABAD

In the result, the appeal is allowed

reassessment order. While the assessment was reopened on the ground that the carried forward losses were wrongly set off against the business income without taking in to account the explanation to Section 73 of the Act, in the assessment, set off was declined for the reason that cheque discounting business itself was discontinued in the assessment year

BHANSALI FISCAL SERVICES PVT.LTD.,,AHMEDABAD vs. THE INCOME TAX OFFICER,WARD-1(2),, AHMEDABAD

In the result, the appeal is allowed

reassessment order. While the assessment was reopened on the ground that the carried forward losses were wrongly set off against the business income without taking in to account the explanation to Section 73 of the Act, in the assessment, set off was declined for the reason that cheque discounting business itself was discontinued in the assessment year

SHANTABEN PARASMAL JAIN,,AHMEDABAD vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3(1),, VADODARA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 726/Ahd/2017 "नधा"रण वष"/Assessment Year: 2010-11 Shantaben Parasmal Jain, Vs. Dcit, 27, Vijay Society, Cir – 3(1), New Khanderao Road., Vadodara. Baroda. Pan No. Abwpj 8597 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Prakash D. Shah, A.R. Revenue By : Shri S. N. Dev, Sr. D.R. सुनवाई क" तार"ख/Date Of Hearing : 08.08.2018 घोषणा क" तार"ख /Date Of Pronouncement : 15.10.2018 आदेश/O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Appellate Order Of The Learned Commissioner Of Income-Tax (Appeals)-I, Vadodara [“Cit(A)” In Short] Relevant To Assessment Year 2010- 11. 2. Assessee Has Raised The Following Grounds Of Appeal:- “1. That The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & Facts By Upholding The Reassessment Proceedings & Therefore The Order Passed By The Learned Ao Is Required To Be Quashed. 2. That The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & Facts By Confirming The Disallowance Of Long Term Capital Gain Of Rs. 87,57,789/- As Exempt Income & Adding Back To The Total Income Of The Appellant & Therefore The Learned Ao Should Be Directed To Allow The Claim Of Exempt Income. 3. That The Appellant Craves Liberty To Add, Amend, Alter & Delete Any Grounds Of Appeal Before The Final Hearing.”

section 10(38) of Rs. 87,57,789/-has been rejected and in view of the following judgments, the reassessment proceeding is bad in law:- (a) CIT Vs. Mohd Juned Dadani, [2013) 355 ITR 172

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD, GUJARAT vs. GIRISHKUMAR AMRATLAL BHANDARI HUF, HIMATNAGAR, GUJARAT

In the result, the appeal of the Department is allowed and the order of\nthe Assessing Officer is restored

reassessment proceedings\nand the addition made therein were illegal and unsustainable in law.\nThe assessee argued that there was gross violation of the principles of natural\njustice, as the AO had not supplied the material and statements relied upon\nnor afforded any opportunity for cross-examination, in defiance of the ratio\nlaid down by the Hon'ble Supreme Court

DEPUTY COMMISSIONER OF INCOME -TAX CENTRAL CIRCLE-1(1), AHMEDABAD, AHMEDABAD, GUJARAT vs. BHAVESHKUMAR GIRISHBHAI BHANDARI, AHMEDABAD, GUJARAT

In the result, the appeal of the Department is allowed and the order of\nthe Assessing Officer is restored

reassessment proceedings\nand the addition made therein were illegal and unsustainable in law.\nThe assessee argued that there was gross violation of the principles of natural\njustice, as the AO had not supplied the material and statements relied upon\nnor afforded any opportunity for cross-examination, in defiance of the ratio\nlaid down by the Hon'ble Supreme Court

BARODA CRICKET ASSOCIATION,,VADODARA vs. THE DY. CIT, (EXEMPTION), CIRCLE-2,, AHMEDABAD

In the result, appeal filed by the Assessee is allowed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

reassessment proceedings, the Assessing Officer noted that assessee has received a sum of Rs 1,58,00,000 from the Board of Cricket Control of India (BCCI, in short) as towards the TV rights. When he probed the matter further, it was explained by the assessee that nomenclature of the receipt apart, what has been received by the assessee

THE HARSIDDHI CO.OP. CREDIT SOCIETY LTD.,MAHISAGAR vs. THE ITO,, LUNAWAD

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No. 1862/Ahd/2017 "नधा"रण वष"/Assessment Year: 2009-10 The Harsiddhi Co-Op. Credit Ito, Lunawada. Society Ltd., Tower Road Vs At & O : Santrampur 389 260 Dist: Mahisagar, Gujarat Pan : Aabat 3395 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Shri T.C.Meena, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 25/03/2019 घोषणा क" तार"ख /Date Of Pronouncement : 26/03/2019

172 (Guj). Contention of the ld.counsel for the assessee is that assessment was reopened on the ground that the assessee has made deposits in cash in bank account, whereas no addition qua that issue has been made. Hon’ble Gujarat High Court after putting reliance upon the judgment in the case of CIT Vs. Jet Airways

INCOME TAX OFFICER, WARD-3(1)(1), AHMEDABAD, VEJALPUR vs. NANA LAYJA POWER COMPANY LIMITED, AHMEDABAD

In the result, the appeal of the Revenue stands dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1457/Ahd/2024 िनधा"रण वष" /Assessment Year : 2014-15 The Income Tax Officer Nanalayja Power Company Ltd. बनाम/ Ward-3(1)(1) 301-303, Kaivanna Complex V/S. Ahmedabad Panchwati, Ahmedabad - 380 006 (Gujarat) "थायी लेखा सं./Pan: Aadcn 45111 F अपीलाथ&/ (Appellant) '( यथ&/ (Respondent) Assessee By : -None- Revenue By : Shri Surendra Kumar, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 11/11/2024 घोषणा की तारीख /Date Of Pronouncement: 12/11/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises From The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) [Hereinafter Referred To As “Cit(A)”], Dated 11/06/2024, For The Assessment Year (Ay) 2014-15, Wherein The Cit(A) Deleted The Addition Of Rs.1,17,75,568/- Made By The Assessing Officer [Hereinafter Referred To As “Ao”] U/S.56 Of The Act In The Assessment Order Passed Under Section 143(3) R.W.S. 147 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act”], Dated 27/11/2019. Ito Vs. Nana Layja Power Company Ltd. Asst. Year : 2014-15

Section 147 of the Act on the grounds that interest income of Rs.1,17,75,568/-, earned on temporarily parked project funds, had escaped assessment. During the reassessment proceedings, the AO concluded that this interest income was liable to tax under the head "Income from Other Sources," relying on the principles laid down in the case of Tuticorin Alkali Chemicals