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

ii. The allotment of more than one residential unit to a person other than individual is in contravention of the provision of section 80-IB(10)(e) of the Act. iii. Separate books of accounts were not maintained with respect to the eligible business as required under the provisions of section 80-IB(13) r.w.s

SHRI MAHESH P. GANDHI,AHMEDABAD vs. THE ACIT., CIRCLE-10,, AHMEDABAD

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita Nos.1022 To 1025/Ahd/2018 िनधा"रण वष"/Asstt. Year: (1992-1993 To 1995-1996) Shri Mahesh P. Gandhi, A.C.I.T., D-404, 5Th Floor, Vs. Circle-10, Dharnidhar Tower, Ahmedabad. Paldi, Ahmedabad.

u/s. 143(2) dated 08-09-1998 was served upon the appellant vide which the date of hearing was fixed on 16-09-1998 and the Authorised Representative of the assessee had attended the hearing on 16-09-1998. Thus, there is no substance in the second ground of appeal and the same is hereby dismissed. ITA nos.1022 to 1025/AHD/2018

CHIRAG ISHWARBHAI PATEL,AHMEDABAD vs. THE ITO, WARD-7(2)(1), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 1182 & 1192/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-11 Chirag Ishwarbhai Patel, I.T.O., 49 Dharamanth Prabhu Society, Vs. Ward-3(3)(6), Near Adishawar Society, Ahmedabad. Nikol Road, Naroda, Ahmedabad.

u/s 148 of the Act and passed reassessment order within framework of the Act and such notice is a valid notice. Thus, this ground of appeal is dismissed. 5. Being aggrieved by the order of the learned CIT-A the assessee is in appeal before us. 6. The learned AR before us contended that the notice under

CHIRAG ISHWARBHAI PATEL,AHMEDABAD vs. THE ITO, WARD-3(3)(6), AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 1182 & 1192/Ahd/2019 िनधा"रण वष"/Asstt. Year: 2010-11 Chirag Ishwarbhai Patel, I.T.O., 49 Dharamanth Prabhu Society, Vs. Ward-3(3)(6), Near Adishawar Society, Ahmedabad. Nikol Road, Naroda, Ahmedabad.

u/s 148 of the Act and passed reassessment order within framework of the Act and such notice is a valid notice. Thus, this ground of appeal is dismissed. 5. Being aggrieved by the order of the learned CIT-A the assessee is in appeal before us. 6. The learned AR before us contended that the notice under

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

u/s 148. The Hon’ble Bombay high Courts in case of CIT vs. Jet Airways reported in 331 ITR 236 have held that: Interpreting the provision as it stands without adding or deducting from the words used by the Parliament, it is clear that upon formation of a reason to believe under Section 147 and following the issuance

THE ITO, WARD-4(1)(3), AHMEDABAD vs. SHRI VIGHNAHARTA REALITY PVT. LTD., AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) / Cos By :

Section Under Which 143(3) r.w.s. 147 of the 143(3) r.w.s. 147 of the Assessment Was Made Act Act Addition Made by AO Rs. 12.35 crore Rs. 1.80 crore u/s 69A Date of CIT(A) Order 07/09/2018 31/08/2018 Relief Granted by Addition of Rs.12.35 Addition of Rs.1.80 CIT(A) crore deleted crore deleted 3. Aggrieved by the deletion

SHIVGANGA PROPERTY HOLDERS PVT. LTD,AHMEDABAD vs. ITO, WARD-4(1)(3), AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) / Cos By :

Section Under Which 143(3) r.w.s. 147 of the 143(3) r.w.s. 147 of the Assessment Was Made Act Act Addition Made by AO Rs. 12.35 crore Rs. 1.80 crore u/s 69A Date of CIT(A) Order 07/09/2018 31/08/2018 Relief Granted by Addition of Rs.12.35 Addition of Rs.1.80 CIT(A) crore deleted crore deleted 3. Aggrieved by the deletion

ITO, WARD-4(1)(3), AHMEDABAD vs. SHIVGANGA PROPERTY HOLDERS PVT. LTD, AHMEDABAD

The appeal of the Revenue is dismissed

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/ िनधा"रण वष"/ Sl. Appeal(S) / Cos By :

Section Under Which 143(3) r.w.s. 147 of the 143(3) r.w.s. 147 of the Assessment Was Made Act Act Addition Made by AO Rs. 12.35 crore Rs. 1.80 crore u/s 69A Date of CIT(A) Order 07/09/2018 31/08/2018 Relief Granted by Addition of Rs.12.35 Addition of Rs.1.80 CIT(A) crore deleted crore deleted 3. Aggrieved by the deletion

GUJARAT STATE PETROLEUM CORPORATION LIMITED,GANDHINAGAR vs. DCIT, GANDHINAGAR CIRCLE, GANDHINAGAR, GANDHINAGAR

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

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

DEPUTY COMMISSIONER OF INCOME TAX, GANDHINAGAR vs. GUJARAT STATE PETROLEUM CORPORATION LIMITED, GANDHINAGAR

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

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

DEPUTY COMMISSIONER OF INCOME TAX, GANDHINAGAR vs. GUJARAT STATE PETROLEUM CORPORATION LIMITED, GANDHINAGAR

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

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

GUJARAT STATE PETROLEUM CORPORATION LIMITED,GANDHINAGAR vs. DCIT, GANDHINAGAR CIRCLE, GANDHINAGAR, GANDHINAGAR

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

147 r.ws 1448 of the Act Less: Rs 5,77,40,540/- already disallowed as per Assessment order u/s. 143(3) of the Act) may kindly be deleted. 8 ITA Nos. 1165 & 1166/Ahd/2025 & ITA Nos.1254 & 1249/Ahd/2025 Gujarat State Petroleum Corporation Limited – A.Ys. 2014-15 & 2015-16 ITEM NO.: III Non-granting of addition in closing stock

THE ITO, WARD-1(2)(3), AHMEDABAD vs. MOHAMMEDARIF IBRAHIMBHAI SHAIKH, AHMEDABAD

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

143(2) of the Act. The Revenue could not dispute the contents of the reply dated 11.08.2014 filed by the assessee. Thus, it is a case of mere “change of opinion”. It is a fact that the Ld. AO has no power to review but he has the power to re-assess. Even reassessment is based on fulfillment of certain

THE ITO, WARD-1(2)(3), AHMEDABAD vs. MOHAMMEDARIF IBRAHIMBHAI SHAIKH, AHMEDABAD

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

143(2) of the Act. The Revenue could not dispute the contents of the reply dated 11.08.2014 filed by the assessee. Thus, it is a case of mere “change of opinion”. It is a fact that the Ld. AO has no power to review but he has the power to re-assess. Even reassessment is based on fulfillment of certain

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. MANJULABEN B. PATEL LEGAL HEIR OF SHRI BIPINBHAI PRABHUDAS PATEL, BARODA

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

143(2) r.w.s. 147 issued Para 4 Pg 7 of AO 12. 22.08.2017 Notices u/s 142(1) along with Para 4 Pg 7 of AO/Para questionnaire issued and requested to 7.1 Pg 44 of AO furnish on or before 31.08.2017 13. 29.08.2017 Letter by (A) to give details and copy of Para 7.2 of 44 of AO documents rather than

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. MANJULABEN B. PATEL LEGAL HEIR OF SHRI BIPINBHAI PRABHUDAS PATEL, BARODA

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

143(2) r.w.s. 147 issued Para 4 Pg 7 of AO 12. 22.08.2017 Notices u/s 142(1) along with Para 4 Pg 7 of AO/Para questionnaire issued and requested to 7.1 Pg 44 of AO furnish on or before 31.08.2017 13. 29.08.2017 Letter by (A) to give details and copy of Para 7.2 of 44 of AO documents rather than

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. MANJULABEN B. PATEL LEGAL HEIR OF SHRI BIPINBHAI PRABHUDAS PATEL, BARODA

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

143(2) r.w.s. 147 issued Para 4 Pg 7 of AO 12. 22.08.2017 Notices u/s 142(1) along with Para 4 Pg 7 of AO/Para questionnaire issued and requested to 7.1 Pg 44 of AO furnish on or before 31.08.2017 13. 29.08.2017 Letter by (A) to give details and copy of Para 7.2 of 44 of AO documents rather than

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. MANJULABEN B. PATEL LEGAL HEIR OF SHRI BIPINBHAI PRABHUDAS PATEL, BARODA

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

143(2) r.w.s. 147 issued Para 4 Pg 7 of AO 12. 22.08.2017 Notices u/s 142(1) along with Para 4 Pg 7 of AO/Para questionnaire issued and requested to 7.1 Pg 44 of AO furnish on or before 31.08.2017 13. 29.08.2017 Letter by (A) to give details and copy of Para 7.2 of 44 of AO documents rather than

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. MANJULABEN B. PATEL LEGAL HEIR OF SHRI BIPINBHAI PRABHUDAS PATEL, BARODA

Bench: Ms. Suchitra Kamble, Judical Member & Shri Narendra Prasad Sinha

143(2) r.w.s. 147 issued Para 4 Pg 7 of AO 12. 22.08.2017 Notices u/s 142(1) along with Para 4 Pg 7 of AO/Para questionnaire issued and requested to 7.1 Pg 44 of AO furnish on or before 31.08.2017 13. 29.08.2017 Letter by (A) to give details and copy of Para 7.2 of 44 of AO documents rather than