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

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

145 Taxman 12 wherein it was held as under: “Section 148 does not provide any methodology for computing the income on reassessment or assessment. On the contrary, it creates a legal fiction that such return shall be treated as one made under section 139. By the creation of such legal fiction all the procedures prescribed in and subsequent to section

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

145 Taxman 12 wherein it was held as under: “Section 148 does not provide any methodology for computing the income on reassessment or assessment. On the contrary, it creates a legal fiction that such return shall be treated as one made under section 139. By the creation of such legal fiction all the procedures prescribed in and subsequent to section

MANJULABEN BIPINBHAI PATEL LEGAL HEIR OF LATE BIPINBHAI P.PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. SMT. MANJULABEN BIPINCHANDRA PATEL, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

MANJULABEN BIPINBHAI PATEL LEGAL HEIR OF LATE BIPINBHAI P.PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

MANJULABEN BIPINBHAI PATEL LEGAL HEIR OF LATE BIPINBHAI P.PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

THE DY.CIT. CENTRAL CIRCLE-1, BARODA vs. SMT. MANJULABEN BIPINCHANDRA PATEL, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

MANJULABEN BIPINBHAI PATEL LEGAL HEIR OF LATE BIPINBHAI P.PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

SMT. MANJULABEN B. PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

SMT. MANJULABEN B. PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

SMT. MANJULABEN B. PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

MANJULABEN BIPINBHAI PATEL LEGAL HEIR OF LATE BIPINBHAI P.PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

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

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed

SMT. MANJULABEN B. PATEL,BARODA vs. THE DY.CIT. CENTRAL CIRCLE-1, BARODA

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

145,526.01 44.2735 6442946 2006-07 93,038.14 45.2849 4213223 2007-08 22989.11 40.241 925105 2008-09 2824.59 45.917 129697 4.2 The exchange rate taken into consideration is the average exchange rate for the relevant year as available on the website of Reserve Bank of India at https://rbidocs.rbi.org.in/rdocs/Publications/PDFs/1477 BST130913. pdf. 4.3 Various other deposits are, also, observed