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

56 taxmann.com 456 (SC) 2. CIT vs. Neha Builders (P) LTD. [2007] 164 Taxman 342 (Guj.) . 3. Radha Devi Dalmia Vs. CIT [1980] 4 taxman 183 (All.) 16. The Ld. CIT (A) after considering facts in totality deleted the addition made by the AO by following the order of its predecessor in the own case of the assessee

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

56 taxmann.com 456 (SC) 2. CIT vs. Neha Builders (P) LTD. [2007] 164 Taxman 342 (Guj.) . 3. Radha Devi Dalmia Vs. CIT [1980] 4 taxman 183 (All.) 16. The Ld. CIT (A) after considering facts in totality deleted the addition made by the AO by following the order of its predecessor in the own case of the assessee

CHANDRAKANT GORDHANBHAI PATEL HUF ,DABHOI vs. THE DY. COMMISSIONER OF INCOME TAX CIRCLE-1(3), VADODARA, VADODARA

In the result, appeal of the assessee in ITA no

Bench: The Final Hearing Of This Appeal Petition…”

section 56(2)(viii) of the Act, 1961. The appellant fails to furnish any decision of the Hon'ble Apex Court on this issue. The addition made by the AO is confirmed and the ground taken by the appellant is dismissed. 5. Aggrieved , the assessee has now filed an appeal with the Tribunal . The assessee has filed Paper Book containing

SMT. NALINI ANIL AMIN,,ANAND vs. DCIT (INT.TAX),, BARODA

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 682/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2012-2013 Smt. Nalini Anilbhai Amin, D.C.I.T., C/O Kiran Patel & Co. C.A., Vs. (International Taxation), 3Rd Floor,Blue Corridor, Vadodara. Above New Anand Sports, 80Ft. Road, Anand-388001. Pan: Aizpa9772A

reassessment order per incuriam. 3. The learned Commissioner of Income Tax (Appeals) has erred in confirming the addition to (he extent of Rs.1,25,51,000/- out of addition made by the assessing officer on account of alleged unexplained cash receipts. The learned Commissioner of Income Tax (Appeals) has erred in treating the alleged amount received on transfer of capita

DHARMENBHAI MAHENDRABHAI SUTARIA,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

VIII(2) [2019] 111 taxmann.com 66 (Madras) [09- 08-2019] has held as under :- III. Section 271(1)(c) of the Income-tax Act, 1961 Penalty For concealment of income (Capital gains) - Assessment years 2001-02 and 2002-03 - Whether where land sold by assessee was held to be non-agricultural land, and, thus, was not exempt from

DHARMENBHAI MAHENDRABHAI SUTARIA,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

VIII(2) [2019] 111 taxmann.com 66 (Madras) [09- 08-2019] has held as under :- III. Section 271(1)(c) of the Income-tax Act, 1961 Penalty For concealment of income (Capital gains) - Assessment years 2001-02 and 2002-03 - Whether where land sold by assessee was held to be non-agricultural land, and, thus, was not exempt from

DHARMENBHAI MAHENDRABHAI SUTARIA,HUF,AHMEDABAD vs. ACIT, CENTRAL CIRCLE-1(2), , AHMEDABAD

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalasstt. Sr.No.

VIII(2) [2019] 111 taxmann.com 66 (Madras) [09- 08-2019] has held as under :- III. Section 271(1)(c) of the Income-tax Act, 1961 Penalty For concealment of income (Capital gains) - Assessment years 2001-02 and 2002-03 - Whether where land sold by assessee was held to be non-agricultural land, and, thus, was not exempt from

SHRI MODHESHWARI BACHAT DHIRAN ANE GRAHAK SAHAKARI MANDALI LTD.,BANASKANTHA vs. THE ITO, WARD-1(PREVIOUSLY WARD-5), PALANPUR

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

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

reassessment order, assessee filed appeal before Ld. CIT(A) who has erroneously dismissed the appeal as time barred by 314 days without properly looking into the date of filing of the appeal by the assessee on 18-01-2020 for which required appellate fee paid by the assessee on 11-01-2020 itself. 6. We have hard rival submissions

MR. ARPANBHAI VIRAMBHAI DESAI,GANDHINAGAR vs. THE PR. CIT, AHMEDABAD-3, AHMEDABAD

In the result, all four appeals filed by the assessee are\nallowed in above terms

viii) If the original assessment is processed under Section 143(1) of the Act and\nnot Section 143(3) of the Act, the proviso to Section 147 will not apply. In other words,\nalthough the reopening may be after the expiry of four years from the end of the\nrelevant assessment year, yet it would not be necessary

M/S. VENUS INFRABUILD,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

DCIT, CENTRAL CIRCLE -1(1),, AHMEDABAD vs. SHRI DEEPAK KUMAR VASWANI,, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. SHRI ASHOK SUNDERDAS VASWANI, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

SHRI RAJESH SUNDERDAS VASWANI,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

M/S. VENUS INFRABUILD,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

SHRI DEEPAK BUDHARMAL VASWANI,,AHMEDABAD vs. DCIT, CENTRAL CIRCLE -1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD vs. SHRI RAJESH SUNDERDAS VASWANI, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

M/S. VENUS INFRABUILD,AHMEDABAD vs. THE DY.CIT.,CENT.CIRCLE-1(1),, AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action

SHRI ASHOK SUNDERDAS VASWANI,AHMEDABAD vs. THE DCIT, CENTRAL CIRCLE-1(1), AHMEDABAD

Bench: Shri Rajpal Yadav, Vice- & Shri Waseem Ahmed

viii) Asha Rani Lakhotia vs. ACIT - ITA 424/Del/2015 ix) Krishna Bhagwan vs. ACIt - ITA 423/Del/2015 Shri Dilipkumar Lalwani and Others (107 Appeals) 30 x) Sushila Lakhotia vs. ACIT - ITA 770/Del/2015 Copies of these decisions have been placed on record. After appraising us the scope of assessment under section 153A vis-à-vis section 153C, he contended that when search action