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

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

iii. The PCIT relied upon the judgement of ITAT Pune in the case of Rajkumar B Aggarwal [ITA Nos. 1648/1649/Pun/15-AY 2015-16 and 2007-08] wherein reliance was placed on the Hon'ble SC judgement in the case of CIT Vs. Durgaprasad More [1971] 82 ITR 540(SC) andSumati Dayal

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

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

iii. The PCIT relied upon the judgement of ITAT Pune in the case of Rajkumar B Aggarwal [ITA Nos. 1648/1649/Pun/15-AY 2015-16 and 2007-08] wherein reliance was placed on the Hon'ble SC judgement in the case of CIT Vs. Durgaprasad More [1971] 82 ITR 540(SC) andSumati Dayal

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

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

iii. The PCIT relied upon the judgement of ITAT Pune in the case of Rajkumar B Aggarwal [ITA Nos. 1648/1649/Pun/15-AY 2015-16 and 2007-08] wherein reliance was placed on the Hon'ble SC judgement in the case of CIT Vs. Durgaprasad More [1971] 82 ITR 540(SC) andSumati Dayal

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

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

iii. The PCIT relied upon the judgement of ITAT Pune in the case of Rajkumar B Aggarwal [ITA Nos. 1648/1649/Pun/15-AY 2015-16 and 2007-08] wherein reliance was placed on the Hon'ble SC judgement in the case of CIT Vs. Durgaprasad More [1971] 82 ITR 540(SC) andSumati Dayal

KRUPA VILAS GAU SEVA TRUST,KUTCH vs. CIT(EXEMPTION), AHMEDABAD

Appeals of the assessee are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No. 162/Rjt/2023 (Assessment Year: Na) (Hybrid Hearing)

10 | P a g e KRUPA VILAS GAU SEVA TRUST, KUTCH - 370240 10.3 In continuation of this when we read the ‘sub clause iii of Proviso’ of section 80G(5), which we have already reproduced above, it is clear that the intention of parliament in putting the word “or within six months of commencement of its activities, whichever is earlier

BABUBHAI KANJIBHAI SAKARIYA LEGAL HEIR OF LATE SMT. UJIBEN KANJIBHAI SAKARIYA,JETPUR vs. ITO WARD 1(2)(1), RAJKOT, RAJKOT

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

25 (Twenty five) years, that is, from the\nstarting up his business until his sudden death. His unfortunate death\noccurred on 24/12/2018.Copy of the death certificate is enclosed on paper\nbook page no. 31, which we have examined. Then after on the base of portal\ndata Ld. ADIT (Inv), Jamnagar issued summons on 8-7-2019 and 23-02-\n2021

KANTABEN VAJUBHAI PAGHADAL,RAJKOT, GUJARAT vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.552/Rjt/2025 "नधा"रणवष" / Assessment Year: (2016-17) (Hybrid Hearing) Kantaben Vajubhai Paghadal Vs. It-Office, New Aayakar At- Charan Samadhiyala, Bhawan, Jetpur – 360370(Gujarat) Rajkot - 360370 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cxmpp2962D (Appellant) (Respondent)

10,26,350/-. The assessee is earning share in profit, interest and remuneration from a partnership firm, Parmeshwar Impex, capital gain and income from other sources. Besides during the year, assessee received 25% share in enhanced compensation, totalling to Rs. 2,69,41,878/-, on compulsory acquisition of ancestral agricultural land of his family. The above compensation

MANSUKHBHAI KANJIBHAI SAKARIYA,RAJKOT vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAJKOT-1, RAJKOT

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No.318/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2016-17 Mansukhbhai Kanjibhai Sakariya The Pr.Commissioner Of बनाम At Khajuri Gundala Income Tax-1, Rajkot. Post Station: Vavdi Vs. Amarnagar, Khajuri Gundala. Pan : Aslps 7027 E (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Rajendra Singhal, Ld.Ar राज"वक"ओरसे/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr

10,26,350/-. The assessee is earning share in profit, interest and remuneration from a partnership firm, Parmeshwar Impex, capital gain and income from other sources. Besides during the year, assessee received 25% share in enhanced compensation, totalling to Rs. 2,69,41,878/-, on compulsory acquisition of ancestral agricultural land of his family.The above compensation

THE INCOME TAX OFFICER-WARD-2, , GANDHIDHAM - KUTCH vs. M/S. RIDDHI SIDDHI JEWELLERS, GANDHIDHAM - KUTCH

In the result, appeal of the Revenue isdismissed

Bench: Smt.Annapurna Gupta & Smt. Madhumita Royassessment Year :2014-15 Ito, Ward-2 Vs. M/S.Riddhi Siddhi Jewellers Gandhidham. Shop No.1, Plot No.68 Bba (Sough) Gandhidham-Kutch. 0 अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri D.M. Rindani, Ar Revenue By : Shri B.D. Gupta, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 11/04/2023 घोषणा क" तार"ख /Date Of Pronouncement: 05/07/2023

25,16,530/- in the same P&L account. Our attention was also drawn to the P&L account prepared post survey for the period from 20.11.2013 to 31.3.2014 reflecting both again the income disclosed during survey and purchase of gold bullion from unregistered dealers of 1.25 crores placed before us at PB-26. It was also pointed

BABUBHAI KANJIBHAI SAKARIA,JETPUR vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 156/Rjt/2025 (Assessment Year: 2016-17) Babubhai Kanjibhai Sakariya Vs. Ito, Wd 1(2)(1), Rajkot Plot No. 82 Satyam Park, Amarnagar Aaykar Bhavan, Race Course Ring Road, Jetpur,(Rajkot-Gujarat) -360370 Road, Rajkot 360001 "ायीलेखासं./जीआइआरसं./Pan/Gir No.: Agnps7407C (अपीलाथ"/Appellant) (""थ"/Respondent)

10,26,350/-. The assessee is earning share in profit, interest and remuneration from a partnership firm, Parmeshwar Impex, capital gain and income from other sources. Besides during the year, assessee received 25% share in enhanced compensation, totalling to Rs. 2,69,41,878/-, on compulsory acquisition of ancestral agricultural land of his family. The above compensation

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

10(25)(iii) all income received by such fund is exempt, and therefore, assessment order taxing the interest of Rs 84,00,000/- is bad in law. 4. The CIT(A) failed to appreciate that Schedule IV Part B, Rule 11(1)(c) gives power to Board to limit even other contributions (i.e. other than ordinary annual contribution

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

10(25)(iii) all income received by such fund is exempt, and therefore, assessment order taxing the interest of Rs 84,00,000/- is bad in law. 4. The CIT(A) failed to appreciate that Schedule IV Part B, Rule 11(1)(c) gives power to Board to limit even other contributions (i.e. other than ordinary annual contribution

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

10(25)(iii) all income received by such fund is exempt, and therefore, assessment order taxing the interest of Rs 84,00,000/- is bad in law. 4. The CIT(A) failed to appreciate that Schedule IV Part B, Rule 11(1)(c) gives power to Board to limit even other contributions (i.e. other than ordinary annual contribution

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

10(25)(iii) all income received by such fund is exempt, and therefore, assessment order taxing the interest of Rs 84,00,000/- is bad in law. 4. The CIT(A) failed to appreciate that Schedule IV Part B, Rule 11(1)(c) gives power to Board to limit even other contributions (i.e. other than ordinary annual contribution

BHAVANI INDUSTRIES INDIA LLP,RAJKOT vs. ADDI. CIT, RANGE-2, RAJKOT, RAJKOT

capital in the industrial undertaking set up,\n10\n(2). employment of requisite labour therein, (3). manufacture or production of\narticles in the said undertaking, (4). earning of profits clearly attributable to the\nsaid new undertaking, and (5) above all, a separate and distinct identity of the\nindustrial unit set up. The Court is of the view that

ASSISTANT COMMISSINER OF IINCOME TAX CIRCLE-2(1), RAJKOT, RAJKOT vs. BHAWANI INDUSTRIES INDIA LLP, RAJKOT

capital in the industrial undertaking set up,\n10\nBhawani Industries India LLP\nITA Nos.247 to 250/RJT/2024 & Ors. (AYs: 2012-13, 2013-14 & Ors.)\n(2). employment of requisite labour therein, (3). manufacture or production of\narticles in the said undertaking, (4). earning of profits clearly attributable to the\nsaid new undertaking, and (5) above all, a separate and distinct identity

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), RAJKOT, RAJKOT vs. BHAWANI INDUSTRIES INDIA LLP, RAJKOT

In the result, summarised and concise ground No

capital in the industrial undertaking set up,\n10\nBhavani Industries India LLP\nITA Nos.247 to 250/RJT/2024 & Ors. (AYs: 2012-13, 2013-14 & Ors.)\n(2). employment of requisite labour therein, (3). manufacture or production of\narticles in the said undertaking, (4). earning of profits clearly attributable to the\nsaid new undertaking, and (5) above all, a separate and distinct identity

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2(1), RAJKOT, RAJKOT vs. BHAWANI INDUSTRIES INDIA LLP, RAJKOT

capital in the industrial undertaking set up,\n10\nBhavani Industries India LLP\nITA Nos. 247 to 250/RJT/2024 & Ors. (AYs: 2012-13, 2013-14 & Ors.)\n(2). employment of requisite labour therein, (3). manufacture or production of\narticles in the said undertaking, (4). earning of profits clearly attributable to the\nsaid new undertaking, and (5) above all, a separate and distinct