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

reopening of assessment in the case of the assessee for assessment year (A.Y.) 2011- 12 is bad in law. The ld. Counsel took us through the reasons recorded by the Assessing Officer which is reproduced in the assessment order and submitted that all the six scrips covered under Long Term Capital Gain

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

reopening of assessment in the case of the assessee for assessment year (A.Y.) 2011- 12 is bad in law. The ld. Counsel took us through the reasons recorded by the Assessing Officer which is reproduced in the assessment order and submitted that all the six scrips covered under Long Term Capital Gain

URVASHI GIRISHBHAI LAL,RAJKOT vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini

Capital Gain. 9. On the other hand, the Ld. DR for the Revenue has primarily reiterated the stand taken by the Assessing Officer, which we have already noted in our earlier para and is not being repeated for the sake of brevity. 10. I have considered the submissions of both the parties. I note that the assessment is reopened

AMIBEN RAJESHKUMAR PUNATAR,RAJKOT vs. ITO, WARD-1(2)(1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Sainiआयकरअपील सं. /Ita No.24/Rjt/2026 िनधा"रण वष"/Assessment Year : 2015-16 Amiben Rajeshkumar Punatar, बनाम/ Ito, Ashish, 41-New Jagnath Plot, Vs Ward – 1(2)(1), Rajkot – 360001(Gujarat) Rajkot "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahrpp4181F (अपीलाथ"/Assessee) (""थ"/Respondent)

capital gain and framed the assessment order under section 143(3) of the Act. Hence, there is no any new tangible material with the assessing officer to reopen

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

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

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

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

reopened u/s. 147 of the Income-tax Act ('the Act' for short) on the basis of information that the assessee has made transactions in penny stock of Karma Ispat Limited, during the previous year relevant to assessment year (AY) 2012-13 and claimed the long- term capital gain

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

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

reopened u/s. 147 of the Income-tax Act ('the Act' for short) on the basis of information that the assessee has made transactions in penny stock of Karma Ispat Limited, during the previous year relevant to assessment year (AY) 2012-13 and claimed the long- term capital gain

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

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

reopened u/s. 147 of the Income-tax Act ('the Act' for short) on the basis of information that the assessee has made transactions in penny stock of Karma Ispat Limited, during the previous year relevant to assessment year (AY) 2012-13 and claimed the long- term capital gain

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

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

reopened u/s. 147 of the Income-tax Act ('the Act' for short) on the basis of information that the assessee has made transactions in penny stock of Karma Ispat Limited, during the previous year relevant to assessment year (AY) 2012-13 and claimed the long- term capital gain

MISS PARI ANIL GANDHI, RAJKOT,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

assessment year 2011-12 on\n29-3-2012 declaring his total income Rs. 3,11,490/-. Subsequently the\nassessment was reopened as information was received that assessee has\nindulged into script of shell company and had claimed long term capital gain

LATE SMT. PRITI A. GANDHI L/R. SHRI ANILBHAI A. GANDHI, RAJKOT,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

assessment year 2011-12 on\n29-3-2012 declaring his total income Rs. 3,11,490/-. Subsequently the\nassessment was reopened as information was received that assessee has\nindulged into script of shell company and had claimed long term capital gain

SHRI DIPAKKUMAR PARSOTAMDAS ASANANI,VILLAGE JETPUR, DIST. RAJKOT vs. THE ITO WARD 1 (2) (1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं/.Ita No. 435/Rjt/2025 "नधा"रणवष" "नधा"रणवष" /Assessment Year: 2013-14 Dipakkumar Parsotamdas Asanani Asanani Ito, Nfac, Delhi Prop. Jay Jalaram Enterprise, M. G. , M. G. Vs. Aayakar Bhavan, Race Course Ring Aayakar Bhavan, Race Course Ring Road, Rajkot – 360370 Road, Rajkot - 360001 Pan : Aecpa2955G (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By Assessee By : Shri Brijesh Parekh,Ld.Ar राज"वक"ओरसे/Revenue By Revenue By : Shri Abhimanyu Singh Yadav, Ld. D. Sr. Dr

gain on the sale of the plot at Jetpur. The assessment was reopened for this reason only and the applicant The assessment was reopened for this reason only and the applicant The assessment was reopened for this reason only and the applicant had in the return filed in response to notice u/s.148 offered the capital

SHRI RAVI PARSOTAMBHAI ASANANI,VILLAGE JETPUR, DIST. RAJKOT vs. THE ITO WARD 1 (2) (1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainibefore Dr. Arjun Lal Sainiआयकरअपीलसं आयकरअपीलसं./Ita No. 434/Rjt/2025 ("नधा"रणवष" "नधा"रणवष"/Assessment Year: (2013-14) Ravi Parsotambhai Asnani Income Tax Officer, Nfac, Delhi Income Tax Officer, Nfac, Delhi Prop., Jay Ambe Textile, M.G.Road, Prop., Jay Ambe Textile, M.G.Road, Vs. Aayakar Bhavan, Race Course Ring Aayakar Bhavan, Race Course Ring Jetpur – 360370 Road, Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Pan/Gir No.: Amnpa7007Q (अपीलाथ"/Appellant) (""यथ"/Respondent)

gain on the sale of the plot at Jetpur. The assessment was reopened for this rea plot at Jetpur. The assessment was reopened for this reason only and the applicant had in son only and the applicant had in the return filed in response to notice u/s.148 offered the capital

SHRI CHHAGANBHAI MULJIBHAI PATOLIYA,JETPUR vs. THE ITO WARD-1 (2) (3) RAJKOT, RAJKOT

In the result, the appeal filed by the assessee is allowed for statistical purposes

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.477/Rjt/2025 "नधा"रणवष" / Assessment Year: (2012-13) Chhaganbhai Muljibhai Patoliya, Vs The Ito Ward 1(2)(3), Radhe Park, Shreeji School, Aayakar Bhavan, Race Course, . Amarnagar Road, Rajkot (Gujarat) - 360001 Jetpur (Gujarat) - 360370 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ddrpp2365A (Appellant) (Respondent)

capital gains, the addition was made only on the difference in the market value of the property to the returned income i.e., the income which is admitted by the appellant. Further When the appellant challenges the validity of the reopening of assessment

SHRI RAMESHBHAI R. DODIYA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-2(1)(1),, RAJKOT-GUJARAT

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

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

reopening of assessment u/s. 148 of the Income Tax Act, 1961 [hereinafter referred to as the "Act"]. 3.0 The learned CIT(A) erred on facts as also in law in rejecting the ground of appeal relating to order passed u/s. 144 of the Act. 4.0 The learned CIT(A) erred on facts as also in law in confirming addition

KANDLA TRUST PORT, SUPERNUATION SCHEAME,,GANDHIDHAM vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM-KUTCH

In the result, impugned notice is quashed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain. 13. In the result, impugned notice is quashed. Petition is disposed of.” 8. In the case of Champaklal Mathurbhai Mehta[2023] 150 taxmann.com 92 (Mumbai - Trib.), the ITAT held that where Assessing Officer on basis of information from Income-tax department that during year under consideration assessee had purchased immovable ITA Nos.201to204/Rjt/2018 Kandla Port Trust Superannuation Scheme

KANDLA TRUST PORT, SUPERNUATION SCHEAME,,GANDHIDHAM vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM-KUTCH

In the result, impugned notice is quashed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain. 13. In the result, impugned notice is quashed. Petition is disposed of.” 8. In the case of Champaklal Mathurbhai Mehta[2023] 150 taxmann.com 92 (Mumbai - Trib.), the ITAT held that where Assessing Officer on basis of information from Income-tax department that during year under consideration assessee had purchased immovable ITA Nos.201to204/Rjt/2018 Kandla Port Trust Superannuation Scheme

KANDLA TRUST PORT, SUPERNUATION SCHEAME,,GANDHIDHAM vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM-KUTCH

In the result, impugned notice is quashed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain. 13. In the result, impugned notice is quashed. Petition is disposed of.” 8. In the case of Champaklal Mathurbhai Mehta[2023] 150 taxmann.com 92 (Mumbai - Trib.), the ITAT held that where Assessing Officer on basis of information from Income-tax department that during year under consideration assessee had purchased immovable ITA Nos.201to204/Rjt/2018 Kandla Port Trust Superannuation Scheme

KANDLA TRUST PORT, SUPERNUATION SCHEAME,,GANDHIDHAM vs. THE INCOME TAX OFFICER, WARD-1,, GANDHIDHAM-KUTCH

In the result, impugned notice is quashed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

capital gain. 13. In the result, impugned notice is quashed. Petition is disposed of.” 8. In the case of Champaklal Mathurbhai Mehta[2023] 150 taxmann.com 92 (Mumbai - Trib.), the ITAT held that where Assessing Officer on basis of information from Income-tax department that during year under consideration assessee had purchased immovable ITA Nos.201to204/Rjt/2018 Kandla Port Trust Superannuation Scheme