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39 results for “section 68”+ Section 50C(5)clear

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Key Topics

Section 50C46Addition to Income29Section 143(3)28Section 14719Section 6816Section 54B14Section 14812Capital Gains12Section 234B11Section 14A

AMUL RESEARCH & DEVELOPMENT ASSOCIATION,,ANAND vs. THE INCOME TAX OFFICER, WARD-3,, ANAND

ITA 3295/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad11 Jun 2019AY 2011-12
Section 12ASection 143(3)Section 2(47)Section 48Section 50C

50C, at Rs.2,48,57,143/- for the purpose of computing capital gains. Aggrieved, assessee carried the matter in appeal before the CIT(A). Learned CIT(A) confirmed the action of the Assessing Officer, and observed, inter alia, as follows:- “6.3 I have carefully considered the facts and circumstances of the case, the observations of the Assessing Officer, the submissions

SHRI GOVINDBHAI G. BHARWAD,,AHMEDABAD vs. THE DY.CIT, CIRCLE-6,, AHMEDABAD

Appeal of the assessee is partly allowed

ITA 2436/AHD/2015[2011-12]Status: Disposed

Showing 1–20 of 39 · Page 1 of 2

9
Natural Justice7
Disallowance7
ITAT Ahmedabad
02 Mar 2021
AY 2011-12

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./Ita No. 2436/Ahd/2015 "नधा"रण वष"/Asstt. Year: 2011-2012 Govindbhai G. Bharwad, D.C.I.T., 1, Vushwas Residency, Vs. Circle-6, Opp. Malav Kutir, Ahmedabad. B/H Hitarth Party Plot, Sola, Ahmedabad.

For Appellant: Shri S.N. Divetia, A.RFor Respondent: Shri R.R. Makwana, Sr..D.R
Section 50CSection 68

50C by Finance Act 2018 is in retrospective in nature. Accordingly, the variation in the amount of consideration shown by the assessee is within permissible limit of the stamp value consideration. Therefore, no Asstt. Year 2011-12 7 addition is required for the amount showing the difference between the actual consideration and stamp value. Accordingly we direct

DCIT, CENTRAL CIRCLE-2, VADODARA vs. NEOTECH EDUCATION FOUNDATION, VADODARA

ITA 195/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad13 Jan 2022AY 2015-16
Section 143(3)Section 147Section 69BSection 69C

5. On the facts and in the circumstances of the case and in law, the decision of the Id. CIT(A) is perverse when the Remand report has been called for from the A.O. and the case has not been decided on the facts submitted by the A.0. 6. It is, therefore, prayed that the order

SHRI PRAVINCHANDRA R PATEL,VADODARA vs. DCIT, CENTRAL CIRCLE-2, VADODARA

ITA 299/AHD/2019[2015-16]Status: DisposedITAT Ahmedabad13 Jan 2022AY 2015-16
Section 143(3)Section 147Section 69BSection 69C

5. On the facts and in the circumstances of the case and in law, the decision of the Id. CIT(A) is perverse when the Remand report has been called for from the A.O. and the case has not been decided on the facts submitted by the A.0. 6. It is, therefore, prayed that the order

DCIT, CENTRAL CIRCLE-2, VADODARA vs. NEOTECH EDUCATION FOUNDATION, VADODARA

ITA 194/AHD/2019[2014-15]Status: DisposedITAT Ahmedabad13 Jan 2022AY 2014-15
Section 143(3)Section 147Section 69BSection 69C

5. On the facts and in the circumstances of the case and in law, the decision of the Id. CIT(A) is perverse when the Remand report has been called for from the A.O. and the case has not been decided on the facts submitted by the A.0. 6. It is, therefore, prayed that the order

LALJIBHAI PARSHOTTAMBHAI GAUDANI,AHMEDABAD vs. THE DY.CIT, CIRCLE-3(1)(1), AHEMDABAD

ITA 1238/AHD/2025[2012-13]Status: DisposedITAT Ahmedabad13 Jan 2026AY 2012-13

Bench: Ms. Suchitra Raghunath Kamble & Shri Narendra Prasad Sinhaassessment Year:2012-13

Section 143Section 143(3)Section 148Section 2(47)(v)Section 27(1)(c)Section 50CSection 50C(5)Section 53A

section 50C of the Act. Therefore, the case of the assessee was reopened by issue of notice u/s 148 dated 28.03.2019. In the course of assessment, the A.O. had addition of Rs.45,30,460/- u/s 50C of the Act. Further certain other additions were also made and the assessment was completed u/s 143(3) r.w.s

SHRI RAKESH AMBALAL PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-3(3)(9),, AHMEDABAD

In the result, appeal of the assessee is dismissed

ITA 465/AHD/2016[2010-11]Status: DisposedITAT Ahmedabad19 Feb 2021AY 2010-11

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Royआयकर अपील सं./I.T.A. No. 465/Ahd/2016 ("नधा"रण वष" / Assessment Year : 2010-11)

For Respondent: Shri L. P. Jain, Sr.D.R
Section 147Section 50C

Section 50C of the Act. 3. Grounds of appeal raised by the assessee read as under: “(1) That on facts and in law, the learned CIT(A) has grievously erred in holding that the reopening of assessment u/s 147 of the Act is valid. (2) That on facts and evidence on record, it ought to have been held that

THE ITO, WARD-2(2)(5),, AHMEDABAD vs. SMT. SEJAL D. SHAH,, AHMEDABAD

ITA 3400/AHD/2014[2010-11]Status: DisposedITAT Ahmedabad10 Jan 2018AY 2010-11
For Appellant: Shri S. N. Soparkar, A.RFor Respondent: Shri V. K. Singh, Sr. D.R
Section 143(3)Section 50C

Section 50C, in proceedings u/s.143(3) of the Income Tax Act, 1961; in short “the Act”. Heard both the parties reiterating their respective stands. Case file perused. ITA No. 3400/Ahd/14 [ITO vs. Smt. Sejal D Shah] A.Y. 2010-11 2. We notice at the outset that the CIT(A)’s findings under challenge elaborately discuss the relevant facts, Assessing

THE ITO, WARD-1(2)(4), BARODA vs. SHRI NATWARBHAI J. PATEL, VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

ITA 461/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad01 Apr 2019AY 2012-13
Section 143(3)Section 234ASection 234BSection 271(1)(c)Section 48Section 54B

68,600/-, the assessee did not dispute the same but requested that the matter be referred to the Departmental Valuation Officer. The value of land, as per DVO’s report, turned out to Rs.2,75,14,000/-. It was in this backdrop that the Assessing Officer adopted the sale consideration (being 50% of the total sale consideration) at Rs.1

SHRI NATWARBHAI J. PATEL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(4), VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

ITA 512/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad01 Apr 2019AY 2012-13
Section 143(3)Section 234ASection 234BSection 271(1)(c)Section 48Section 54B

68,600/-, the assessee did not dispute the same but requested that the matter be referred to the Departmental Valuation Officer. The value of land, as per DVO’s report, turned out to Rs.2,75,14,000/-. It was in this backdrop that the Assessing Officer adopted the sale consideration (being 50% of the total sale consideration) at Rs.1

THE ITO, WARD-1(2)(5), VADODARA vs. SHRI VINODBHAI J. PATEL, VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

ITA 464/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad01 Apr 2019AY 2012-13
Section 143(3)Section 234ASection 234BSection 271(1)(c)Section 48Section 54B

68,600/-, the assessee did not dispute the same but requested that the matter be referred to the Departmental Valuation Officer. The value of land, as per DVO’s report, turned out to Rs.2,75,14,000/-. It was in this backdrop that the Assessing Officer adopted the sale consideration (being 50% of the total sale consideration) at Rs.1

SHRI VINODBHAI J. PATEL,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(2)(5), VADODARA

In the result, both the appeals are partly allowed for statistical purposes in the terms indicated above

ITA 513/AHD/2016[2012-13]Status: DisposedITAT Ahmedabad01 Apr 2019AY 2012-13
Section 143(3)Section 234ASection 234BSection 271(1)(c)Section 48Section 54B

68,600/-, the assessee did not dispute the same but requested that the matter be referred to the Departmental Valuation Officer. The value of land, as per DVO’s report, turned out to Rs.2,75,14,000/-. It was in this backdrop that the Assessing Officer adopted the sale consideration (being 50% of the total sale consideration) at Rs.1

KAMLESHBHAI MANUBHAI PATEL,VADODARA vs. THE DY.CIT, CIRCLE-1(1)(1), VADODARA

The appeal of the Assessee is partly allowed for statistical purpose

ITA 814/AHD/2025[2012-13]Status: DisposedITAT Ahmedabad05 Feb 2026AY 2012-13

Bench: Shri Tr Senthil Kumar & Shri Narendra Prasad Sinhaassessment Year: 2012-13

Section 143(3)Section 50C

5 on the date of executing the banakhat was also Rs. 29.50 lakhs. In view of this fact, no addition was called for under section 50C of the Act, as the AO was required to consider the jantri rate on date of agreement and not on the date of execution of sale deed. According to the Ld. AR, since

SHRI ARVINDBHAI POPATLAL PATEL,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-13(4),, AHMEDABAD

In the result appeal filed by the assessee is partly allowed

ITA 374/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad29 Aug 2022AY 2011-12

Bench: Shri Waseem Ahmed, Accountant Memebr & Shri Siddhartha Nautiyal, Judicial Memebr

For Appellant: Shri S. N. Divatia, ARFor Respondent: 02/06/2022
Section 250Section 50CSection 54FSection 55A

50C of the IT Act, the said value taken of Rs.42,91,837/- (Rs.210300 Stamp Duty Paid / 4.9% Stamp Duty) Less :- Cost of Acquisition Rs. 19,04,093/- Indextion Cost Rs.2,67,805X711 = Rs.19,04,093/- 100 LONG TERM CAPITAL GAIN Rs. 23,87,744/- 4.4 In view of the above the AO has determined the long-term capital gain

AURA SECURITIES PVT. LTD.,AHMEDABAD vs. DY. COMMISSIONER OF INCOME TAX,, AHMEDABAD

In the result the appeal of the assessee is allowed

ITA 3462/AHD/2014[2008-09]Status: DisposedITAT Ahmedabad28 Jun 2019AY 2008-09

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

For Appellant: ShriFor Respondent: Shri Mudit Nagpal, S.R. D.R
Section 115JSection 14ASection 234BSection 234CSection 271(1)(c)

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

AURA SECURITIES PVT.LTD.,,AHMEDABAD vs. THE ACIT.,CIRCLE-1,, AHMEDABAD

In the result the appeal of the assessee is allowed

ITA 986/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad28 Jun 2019AY 2008-09

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.834/Ahd/2012 "नधा"रण वष"/Asstt. Year: 2008-2009 Dcit, Aura Securities Pvt. Ltd. Circle-1, V Akhay Building, B/H, Vadilal Ahmedabad. S. House, 53, Shrimali Society, Navrangpura, Ahmedabad-380009 Pan: Aabct4637N आयकर अपील सं./Ita No.986/Ahd/2012 िनधा"रण वष"/Asstt. Year: 2008-2009 Aura Securities Pvt. Ltd. Acit, Akhay Building, B/H, Vadilal Vs. Circle-1, House, 53, Shrimali Society, Ahmedabad. Navrangpura, Ahmedabad-380009 Pan: Aabct4637N

For Appellant: ShriFor Respondent: Shri Mudit Nagpal, S.R. D.R
Section 115JSection 14ASection 234BSection 234CSection 271(1)(c)

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

ADANI AGRO PVT. LTD.,,AHMEDABAD vs. THE DY.CIT.,CIRCLE-1,, AHMEDABAD

In the result, the assessee appeal is thus allowed

ITA 1809/AHD/2012[2009-10]Status: DisposedITAT Ahmedabad20 Sept 2019AY 2009-10

Bench: Shri O. P. Meena& Ms. Madhumita Roy

For Appellant: Shri S. N. Soparkar, Sr. Advocate with Parin ShahFor Respondent: 17.09.2019
Section 115JSection 143(3)Section 14ASection 234BSection 234C

50C of the Act concerning immovable properties under the head capital gain. Thus in the absence of any specific provision to determine the sale price of the shares of the listed company, we are inclined to hold that the price declared by the assessee is correct and within the provisions of law. 10.7 We also find that a new section

SMT. MONA MAHESHKUMAR BHOJANI,AHMEDABAD vs. ITO, WARD-5(3)(4), AHMEDABAD

ITA 156/AHD/2020[2012-13]Status: DisposedITAT Ahmedabad07 Oct 2022AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

For Appellant: Shri Ketan H. Shah, AR &For Respondent: Smt. Leena Lal, Sr. DR
Section 143(1)Section 147Section 50C

5 2. The assessee in its Cross Objection No.122/Ahd/2016 has raised the following grounds :- “1. The Ld. CIT (Appeals) has erred in adapting the Jantri value of Rs.1,68,90,617/- as against taken by assessee in the return of income of Rs.1,18,81,200/- by applying section 50C

THE ACIT, SABARKANTHA CIRCLE,, HIMATNAGAR vs. SMT. JITENDRAKUMAR D. JADEJA,, HIMATNAGAR

In the result, appeal filed by the Revenue is dismissed

ITA 935/AHD/2018[2012-13]Status: DisposedITAT Ahmedabad13 Nov 2019AY 2012-13

Bench: Shri Rajpal Yadav & Shri Pradip Kumar Kediaआयकर अपील सं./I.T.A. No. 935/Ahd/2018 ("नधा"रण वष" / Assessment Year : 2012-13)

For Appellant: Shri Santosh Karnani, Sr. D.R
Section 50C

5. In the first appeal, the assessee reiterated its submission for adopting the value assigned by the registered valuer. The CIT(A) found merit in the plea of the assessee to some extents and granted partial relief having regard to the District Valuation Officer valuation report. The relevant operative para of the order of the CIT(A) is reproduced hereunder

SHRI KIRIT N. NAGAR,,AHMEDABAD vs. THE INCOME TAX OFFICER, WARD-2(1),, BARODA

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

ITA 3431/AHD/2016[2011-12]Status: DisposedITAT Ahmedabad11 Oct 2022AY 2011-12
For Appellant: Shri Parimalsinh B. Parmar, A.RFor Respondent: Shri Atul Pandey, Sr. D.R
Section 10Section 50CSection 54FSection 68

5 Shri Kirit N. Nagar vs. ITO basic details/confirmation letters. Accordingly, the AO held that the assessee has failed to prove the genuineness of the 3 unsecured loans claimed to have been taken by him during the impugned assessment year. Accordingly, the AO added the sum of " 32 lakhs u/s 68 of the Act in the hands of the assessee