VIKAS VIJAY GUPTA,AHMEDABAD vs. THE PR. CIT, AHMEDABAD-1, AHMEDABAD

In the result, the appeal filed by the Assessee is hereby\ndismissed

Bench: DR. BRR Kumar, Vice President\nAnd Shri T. R. Senthil Kumar, Judicial Member\nITA No. 404/Ahd/2024\nAssessment Year 2017-18\nVikas Vijay Gupta\nPrincipal Commissioner\n604 Sarap,\nof Income Tax,\nOpp. Navjivan Press Vs Ahmedabad-1,\nP.O. Navjivan,\nAhmedabad\nAhmedabad-380014,\nGujarat\n(Respondent)\nPAN: AEOPG6723L\n(Appellant)\nAssessee Represented: Shri Jaimin Shah, A.R.\nRevenue Represented: Shri R. N. Dsouza, CIT-DR\nDate of hearing : 27-02-2025\nDate of pronouncement : 27-05-2025\nआदे

reassessment order.\n7. Ld. Counsel Shri Jaimin Shah appearing for the assessee\nsubmitted that the penalty proceedings are independent and\ndistinct from the assessment proceedings and relied upon Delhi\nHigh Court in the case of Addl. CIT v. J.K. D'Costa reported in\n[1982] 133 ITR 7 wherein it was held that failure to initiate or\nwrongful initiation

MAHAVEER SINGH,AHMEDABAD vs. THE PCIT, AHMEDABAD-1, AHMEDABAD

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

Bench: DR. BRR Kumar (Vice President), Shri T. R. Senthil Kumar (Judicial Member)

reassessment order, which is clearly an erroneous and prejudicial order to the interest of Revenue, wherein Ld. PCIT has invoked the power u/s. 263 of the Act. 9. Ld. Counsel reliance on Co-ordinate Bench decision of Mumbai in the case of M/s. G M Builders is a case where non-filing return is pursuant to a partnership dispute between

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

SHRI ANILBHAI HIRALAL SHAH,AHMEDABAD vs. DCIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result the appeal filed by the Revenue is dismissed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

1, we note that the power of assessment- reassessment are conferred on the Assessing Officer by the provisions of section 147/148 of the Act. But such power is subject to the certain conditions laid down under section 147/148/149/151 of the Act. One of the very first condition is that before issuing notice under section 148 of the Act for assessment

GUJARAT MINERAL DEVELOPMENT CORPORATION LIMITED,KHANJI BHAVAN vs. PR. COMMISSIONER OF INCOME TAX-1, AAYAKAR BHAWAN(VEJALPUR), AHMEDABAD

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

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2020-21

1). We find that the Assessing Officer had access to the relevant material and formed a view after examining the explanation of the assessee. Merely because a different view could be taken or further inquiries could have been made does not justify revision under section 263. The Hon’ble Supreme Court in Kwality Steel Suppliers Complex v. CIT (supra) held

DEPUTY COMMISIONER OF INCOME TAX CENTRAL CIRCLE 1(4) AHMEDABAD, AHMEDABAD vs. FALGUNI SURYAKANT THAKAR , AHMEDABAD

In the result, the appeal filed by the Revenue in quantum appeal in IT(SS)A No

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

173 taxmann.com 575 (SC) [26-03-2025]. This has been discussed and relied upon by Ld. ITAT, Ahmedabad in the decision in the matter of IT(SS)(A) No. 12/Ahd/2024 Ushaben Jayantilal Patel vs the ITO. The relevant extract are as follows: "8. We have carefully considered the facts of the case and the materials available on record. There

THE ITO, WARD-1,, ANAND vs. M/S. DEVRAJ DEVELOPERS,, ANAND

In the result, appeal of the revenue in ITA No

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. Nos. 1524 To 1526/Ahd/2018 ("नधा"रण वष" / Assessment Years : 2009-10 To 2011-12)

1,55,95,838 Total 24826817 4, 97,66,173 2,49,39,356 Grand total 11,55,76,907 19,96,15,400 8,40,38,493 As per section 142A of the Act, for the purposes of making an assessment or reassessment

THE ITO, WARD-1,, ANAND vs. M/S. DEVRAJ DEVELOPERS,, ANAND

In the result, appeal of the revenue in ITA No

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. Nos. 1524 To 1526/Ahd/2018 ("नधा"रण वष" / Assessment Years : 2009-10 To 2011-12)

1,55,95,838 Total 24826817 4, 97,66,173 2,49,39,356 Grand total 11,55,76,907 19,96,15,400 8,40,38,493 As per section 142A of the Act, for the purposes of making an assessment or reassessment

THE ITO, WARD-1,, ANAND vs. M/S. DEVRAJ DEVELOPERS,, ANAND

In the result, appeal of the revenue in ITA No

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. Nos. 1524 To 1526/Ahd/2018 ("नधा"रण वष" / Assessment Years : 2009-10 To 2011-12)

1,55,95,838 Total 24826817 4, 97,66,173 2,49,39,356 Grand total 11,55,76,907 19,96,15,400 8,40,38,493 As per section 142A of the Act, for the purposes of making an assessment or reassessment

GUJARAT TECHNOLOGICAL UNIVERSITY,,AHMEDABAD, GUJARAT vs. COMMISSIONER OF INCOME TAX, EXEMPTION, AHMEDABAD, GUJARAT

In the result, the above ground of appeal of the assessee is allowed

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

reassessment proceedings u/s 147 of the Act. 4. The learned CIT(E) erred in fact and in law in invoking revision power u/s 263 of the Act on an issue of allowability of exemption u/s 11 of the Act despite the fact that proceeding u/s 263 cannot be initiated on debatable issue. Gujarat Technological University vs. CIT(E) Asst. Year

BHUPENDRABHAI BHIKHABHAI PATEL,ANAND vs. THE ITO, WARD-3, ANAND

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

reassessment proceedings,\nthe assessee was issued several notices under Section 142(1) of the Act calling\nfor details of the sale transaction, computation of capital gains, and supporting\ndocuments. In response, the assessee initially contended that he had purchased\nagricultural land on 12.04.2010 for Rs.4,03,650/- and sold the same on\n05.07.2011 for Rs.10,00,000/-. The assessee argued

INCOME TAX OFFICER, 1(1)(3), AHMEDABAD, AHMEDABAD vs. SHWETA MANISH JAIN, AHMEDABAD

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

Bench: Dr. Brr Kumar & Shri Siddhartha Nautiyal

173 taxmann.com 399 (Ahmedabad - Trib.), the Ahmedabad ITAT held that where Assessing Officer made addition under section 69C of the Act on ground that assessee had paid interest in cash to a third-party, since said addition was made solely on basis of unsigned Excel sheets recovered from premises of third party, without any further corroborative evidence, same

GUJARAT STATE LAND DEVELOPMENT CORPORATION LTD.,,GANDHINAGAR vs. THE DY.CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal is allowed

reassessment proceedings while that pertaining to assessment year 2011-12 and 2012-13 in ITA No. 2538/Ahd/2014 & 2632/Ahd/2015 arose against orders passed in regular assessment proceedings. She thereafter stated that the appeal of the assessee for assessment year 2011-12 in ITA No. 2538/Ahd/2014 was the lead case and therefore needed to be argued first. Accordingly the appeal

GUJARAT STATE LAND DEVELOPMENT CORPORATION LTD.,,GANDHINAGAR vs. THE DY.CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal is allowed

reassessment proceedings while that pertaining to assessment year 2011-12 and 2012-13 in ITA No. 2538/Ahd/2014 & 2632/Ahd/2015 arose against orders passed in regular assessment proceedings. She thereafter stated that the appeal of the assessee for assessment year 2011-12 in ITA No. 2538/Ahd/2014 was the lead case and therefore needed to be argued first. Accordingly the appeal

GUJARAT STATE LAND DEVELOPMENT CORPORATION LTD.,,GANDHINAGAR vs. THE DY.CIT, GANDHINAGAR CIRCLE,, GANDHINAGAR

Appeal is allowed

reassessment proceedings while that pertaining to assessment year 2011-12 and 2012-13 in ITA No. 2538/Ahd/2014 & 2632/Ahd/2015 arose against orders passed in regular assessment proceedings. She thereafter stated that the appeal of the assessee for assessment year 2011-12 in ITA No. 2538/Ahd/2014 was the lead case and therefore needed to be argued first. Accordingly the appeal

ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. KUNJ INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, the appeals of the Revenue stand dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1809-1810/Ahd/2017 आयकर अपील सं./Ita No.2854/Ahd/2016 With C.O. 13/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2008-2009 D.C.I.T, M/S.Kunj Infrastructure Pvt. Ltd., 4Th Floor, Zodiac Plaza, Cirle-2(1)(2), Vs. Ahmedabad. St. Xaviers Corner, Navrangpura, Ahmedabad-380009. Pan: Aadck1900D

173, Madras HC decision in case of Arvea T & D India ltd. vs. ACIT 294 ITR 233. 8.1 The ld CIT-A after considering the submission of assessee and remand report, rejected the contention of the assessee and confirmed the order of the AO. 9. Being aggrieved by the order of the learned CIT (A), the assessee

ACIT, CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. KUNJ INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, the appeals of the Revenue stand dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1809-1810/Ahd/2017 आयकर अपील सं./Ita No.2854/Ahd/2016 With C.O. 13/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2008-2009 D.C.I.T, M/S.Kunj Infrastructure Pvt. Ltd., 4Th Floor, Zodiac Plaza, Cirle-2(1)(2), Vs. Ahmedabad. St. Xaviers Corner, Navrangpura, Ahmedabad-380009. Pan: Aadck1900D

173, Madras HC decision in case of Arvea T & D India ltd. vs. ACIT 294 ITR 233. 8.1 The ld CIT-A after considering the submission of assessee and remand report, rejected the contention of the assessee and confirmed the order of the AO. 9. Being aggrieved by the order of the learned CIT (A), the assessee

THE DY. COMMISSIONER OF INCOME TAX CIRCLE-2(1)(2),, AHMEDABAD vs. M/S. KUNJ INFRASTRUCTURE PVT. LTD.,, AHMEDABAD

In the result, the appeals of the Revenue stand dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita Nos.1809-1810/Ahd/2017 आयकर अपील सं./Ita No.2854/Ahd/2016 With C.O. 13/Ahd/2019 "नधा"रण वष"/Asstt. Year: 2008-2009 D.C.I.T, M/S.Kunj Infrastructure Pvt. Ltd., 4Th Floor, Zodiac Plaza, Cirle-2(1)(2), Vs. Ahmedabad. St. Xaviers Corner, Navrangpura, Ahmedabad-380009. Pan: Aadck1900D

173, Madras HC decision in case of Arvea T & D India ltd. vs. ACIT 294 ITR 233. 8.1 The ld CIT-A after considering the submission of assessee and remand report, rejected the contention of the assessee and confirmed the order of the AO. 9. Being aggrieved by the order of the learned CIT (A), the assessee

DEVENDERSINGH SAJUBHAI JADEJA,,VADODARA vs. ITO, WARD-1(2)(1),, VADODARA

In the result the appeal of the assessee is partly allowed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./Ita No. 464/Ahd/2018 िनधा"रण वष"/Asstt. Year: 2012-2013 Devendersingh Sajubhai Jadeja, Income Tax Officer, C/101, Baroda Skyz, Vs. Ward-1(2)(1), Opp. Adarsh Duplex, Vadodara. Gorwa Road, Vadodara-390022. Pan: Aelpj2883F

reassessment are not fulfilled in the case of appellant. 2. The Id.CIT(Appeals) has erred in law and on facts in upholding addition of Rs. 57,00,000/- u/s.69 for purchase of Agricultural land without properly appreciating and considering the facts of the appellant. 3. He has erred in law and on facts in not considering the additional evidence furnished