THE DEPUTY COMMR. INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain of Rs. 1,04,17,891/- and added to the total income of the assessee. 34.1 Aggrieved assessee preferred an appeal to the Ld. CIT(A), the assessee before the Ld. CIT(A), reiterated the submission made before the Assessing Officer. 35. The assessee in addition

THE DY. COMMR. OF INCOME TAX, CIRCLE-1(1),, RAJKOT-GUJARAT vs. M/S. RADHE RENEWABLE ENERGY DEVELOPEMENT PVT. LTD.,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain of Rs. 1,04,17,891/- and added to the total income of the assessee. 34.1 Aggrieved assessee preferred an appeal to the Ld. CIT(A), the assessee before the Ld. CIT(A), reiterated the submission made before the Assessing Officer. 35. The assessee in addition

SMT. BIJAL DARSHITBHAI PUJARA,,RAJKOT vs. THE DY. COMMR. OF INCOME TAX, CIRCLE-1 (1),, RAJKOT

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

gain on sale of the said property was declared. The original return of income was furnished after the time prescribed time u/s 139(1} and therefore the revised return of income was held to be invalid return, The income was assessed by making addition of the said capital

SHRI KANJIBHAI B. RANGANI,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-5(1), RAJKOT-GUJARAT

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

income. Since the capital gains arising from sale of the land was under the purview of capital gains, the case was reopened under Section 147 of the Act and notice under Section 148 of the Act was issued on 17.02.2010. In the assessment proceedings, the AO made an addition

DUSHYANT BHARATBHAI MEHTA,RAJKOT vs. ITO WD-(2)(1)(2) , RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No.422/Rjt/2024 (निर्धारणवर्ष / Assessment Year: (2015-16) Dushyant Bharatbhai Mehta (Physical Hearing) C/O Bhabha Fashions 34/35 Bhabha Bazzar, Ghee Kanta Road, Vs. The Ito, Ward -2(1)(2), Aaykar Bhawan, Rajkot Rajkot 360001 (Gujarat) स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahgpm4763P (Assessee) (Respondent) Assessee By Respondent By : Shri Vijay Mehta, Ld. Ar : Shri Abhimanyu Singh, Yadav, Ld. Sr. Dr Date Of Hearing : 01/05/2025 Date Of Pronouncement : 30/06/2025 आदेश / Order Per, Dr. A. L. Saini, Am: By Way Of This Appeal, The Assessee Has Challenged Correctness Of The Order Dated 27-05-2024 Passed By The Learned Cit(A), In The Matter Of Assessment Under Section 143(3) Of The Income Tax Act 1961, For The

capital gains along with disclosing income from Profits and gain of business and profession. Therefore, considering these facts, the Ld. Counsel for the assessee contended 5 ITA No. 422/Ahd/2024 A.Y. 2015-16 Dushyant Bharatbhai Metha Vs. ITO that addition

JAYESH KHIMJI KHIMASIYA HUF,JAMNAGAR vs. OFFICE OF PRINCIPAL COMMISSIONER OF INCOME-TAX, JAMNAGAR, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

capital gain through penny stock. 4. Looking to the above facts, this office has verified the facts with the ITR filed and it is found that you have claimed LTCG of Rs.8,90,894/- under Schedule El under the head of details of exempt income. Assessment u/s.147 of the Act was made and the assessment was finalized accepting returned income

BHANUBEN MANSUKHLAL KHIMASIYA,JAMNAGAR vs. OFFICE OF PRINCIPAL COMMISSIONER OF INCOME-TAX, JAMNAGAR, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

capital gain through penny stock. 4. Looking to the above facts, this office has verified the facts with the ITR filed and it is found that you have claimed LTCG of Rs.8,90,894/- under Schedule El under the head of details of exempt income. Assessment u/s.147 of the Act was made and the assessment was finalized accepting returned income

MANSUKHLAL KHIMJI KHIMASIYA,JAMNAGAR vs. OFFICE OF PRINCIPAL COMMISSIONER OF INCOME-TAX, JAMNAGAR, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

capital gain through penny stock. 4. Looking to the above facts, this office has verified the facts with the ITR filed and it is found that you have claimed LTCG of Rs.8,90,894/- under Schedule El under the head of details of exempt income. Assessment u/s.147 of the Act was made and the assessment was finalized accepting returned income

MANSUKHLAL KHIMJI KHIMASIYA HUF,JAMNAGAR vs. OFFICE OF PRINCIPAL COMMISSIONER OF INCOME-TAX, JAMNAGAR, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha

capital gain through penny stock. 4. Looking to the above facts, this office has verified the facts with the ITR filed and it is found that you have claimed LTCG of Rs.8,90,894/- under Schedule El under the head of details of exempt income. Assessment u/s.147 of the Act was made and the assessment was finalized accepting returned income

M/S CHANDRAKANT H. KAKKAD,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-4(2),, RAJKOT-GUJARAT

In the result, this ground of the assessee’s appeal is allowed

addition needs deletion. 9. Without prejudice, the assessment made is bad in law and deserves annulment. 10. Without prejudice, the Ld. CIT(A) has erred in not considering that no reasonable opportunity has been given by the Ld. A.O. while completing assessment while passing assessment order. The same needs annulment. 11. Without prejudice, no adequate, sufficient and reasonable opportunity

BHIKHALAL PRAHLADRAI AGARWAL HUF,GANDHIDHAM vs. ASSISTANT COMMISSIONER OF INCOME TAX GANDHIDHAM CIRCLE, GANDHIDHAM

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

addition made by the Assessing Officer should be sustained. 12. We have heard both the parties and perused the material available on record. We note that assessee is a Hindu Undivided Family deriving income from House Property. It also invested in the share market and earned capital gain

BHIKHALAL PRAHALADRAI AGARWAL HUF,GANDHIDHAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, GANDHIDHAM CIRCLE, GANDHIDHAM

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

addition made by the Assessing Officer should be sustained. 12. We have heard both the parties and perused the material available on record. We note that assessee is a Hindu Undivided Family deriving income from House Property. It also invested in the share market and earned capital gain

SHRI VASANTRAI PURSOTAM KACHALIA,RAJKOT vs. THE ITO WARD 2 (1) (1), RAJKOT

In the result, appeal filed by the assessee is partly allowed in above terms

Bench: Dr. Arjun Lal Sainiआयकरअपील सं. /Ita No.811/Rjt/2025 िनधा"रण वष"/Assessment Year : 2016-17 बनाम/ Vasantrai Pursotam Ito Ward 2(1)(1), Rajkot Vs Kachalia (Original - Ito Ward 2(1)(5), Rajkot) 210-Shrinathji Complex, Aaykar Bhavan, Race Course Road, Canal Road, Rajkot. Rajkot 360001 Rajkot 360002, Gujarat India "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Adspk1354Q (अपीलाथ"/Assessee) (""थ"/Respondent)

income shown. The assessee also claimed certain expenditures, as cost of improvement on the flat for the purposes of calculating long-term capital gain but failed to provide supporting evidence for these claims. The case was initially selected for limited scrutiny but was subsequently converted into complete scrutiny on account of potential additions

NIRMAL B. CHAVDA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-2(1)(2),, RAJKOT-GUJARAT

In the result, the appeal of the assessee is dismissed

Additional Net profit 5,62,785 (in which share of assessee is 176th) I find that above computation is beyond comprehension arithmetically and no cognizance of same can be taken. I find that the assessee had not disclosed any capital gain in return of income

SHRI MOHANLAL LALJIBHAI GHODASARA(HUF),,JUNAGADH vs. THE INCOME TAX OFFICER, WARD-1(2),, JUNAGADH

In the result, the appeal of assessee is allowed

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Royआयकर अपील सं./I.T.A. No. 44/Rjt/2016 ("नधा"रण वष" / Assessment Year : 2011-12)

addition of Rs.1,13,56,933/- by treating the income from sale of impugned properties as business income as against long term capital gain

LATE ABBASHBHAI ISMAILBHAI SHEKH, L/H. JENAMBEN ABBASBHAI SHEKH,JAMNAGAR vs. THE ITO -WARD- 3(5), JNR, /JAMNAGAR

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Ms Madhumita Royआयकर अपील सं./I.T.A. Nos.173 To 177/Rjt/2019 ("नधा"रण वष" / Assessment Year 2011-12) बनाम/ Late Abbashbhai Ismail Shekh I.T.O., L/H Jenamben Abbasbhai Shekh, Ward-1(5), Vs. Vanza No Delo, O/S Khoja Gate, Jamnagar. Sandhi Jamatkhana Street, Jamnagar.

addition to the total income of the assessee. ITA Nos.173 to 177/Rjt/2019 A.Y.2011-12 5. On the other hand, the learned DR vehemently supported the order of the authorities below. 6. We have heard the rival contentions of both the parties and perused the materials available on record before us. Admittedly, the income on account of long- term capital gain

KISHORBHAI VAGHJIBHAI PATEL,RAJKOT vs. INCOME TAX OFFICER, WARD-5(2),, RAJKOT

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain. The addition needs deletion. 2. Taking into consideration the legal, statutory, factual, accounting and administrative aspects, no addition amounting to Rs. 7,16,881/- ought to have been confirmed. The addition needs deletion. A.Y. 2006-07 2 3. Without prejudice, the assessment made is bad in law and deserves annulment. 4. Without prejudice, since no return of income

THE ITO, WARD-1 (1) (4),, RAJKOT-GUJARAT vs. SHRI MAHENDRABHAI D. ZALAVADIA,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No.610/Rjt/2015 "नधा"रण वष"/Asstt. Year: 2007-2008 I.T.O., Shri Mahendrabhai D. Zalavadia, Vs. Ward-1(1)(4), 303, Ayodhya Apartment, Rajkot. University Road, Rajkot. Pan: Aabpz6007F

capital gain. Hence the AO made the addition of Rs. 27,36,800/- to the total income of the assessee