SHRI RAJKOT DISTRICT COOPERATIVE BANK LTD.,,RAJKOT-GUJARAT vs. THE PR. COMMR. OF INCOME TAX-1,, RAJKOT-GUJARAT

In the result, appeal of the assessee is dismissed

Bench: Smt.Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year :2011-12 Shri Rajkot District Cooperative Vs. Pr.Cit, Rajkot-1 Bank Ltd. Rajkot. ‘Jilla Bank Bhavan’, Kasturba Road Opp: Chaudhari High School Rajkot. Pan : Aaaar 0564 K 0 अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assesseeby : Shri S.N. Soparkar, Ld.Ar Revenue By : Shri Shramdeep Sinha, Ld.Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 17/11/2022 घोषणा क" तार"ख /Date Of Pronouncement: 15/02/2023

gains of the assessee’s business. • to the provisions of section 33AC, 80HHB(4), 80HHD(5)(a) and 10AA(3) pointing out that all these provisions specifically provided for taxing the amounts credited to the reserve created,as provided under the relevant sections, on non- utilization of the said reserves for the specified purposes. 5 8. The ld.counsel

ASSTT. COMMR. OF INCOME TAX, CEN. CIR-1,, RAJKOT vs. RAJESHKUMAR GOVINDBHAI PATEL,, RAJKOT

In the result both the appeals filed by the Revenue and the Cross Objections filed by the assessee are hereby dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Capital Gains and also Income from Other Sources. For the asst year 2006-07 the assessee filed his Return of Income on 31-07-2006 admitting total income of Rs.4,17,050/=. The return was processed under section 143[1] dated 06-12-2006 and refund was issued to the assessee. Thus there was no regular assessment u/s.143

ASSTT. COMMR. OF INCOME TAX, CEN. CIR-1,, RAJKOT vs. RAJESHKUMAR GOVINDBHAI PATEL,, RAJKOT

In the result both the appeals filed by the Revenue and the Cross Objections filed by the assessee are hereby dismissed

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Capital Gains and also Income from Other Sources. For the asst year 2006-07 the assessee filed his Return of Income on 31-07-2006 admitting total income of Rs.4,17,050/=. The return was processed under section 143[1] dated 06-12-2006 and refund was issued to the assessee. Thus there was no regular assessment u/s.143

M/S OM KIRTI CONSTRUCTION PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CEN. CIRCLE-1,, RAJKOT-GUJARAT

In the result the appeal of the assessee is partly allowed

Bench: Shri Waseem Ahmed & Shri Madhumita Roy)

capital gain as claimed and thereby computing the profit thereon at Rs. 86,56,527/-. 3. The learned Commissioner of Income Tax (Appeals) - 11, Ahmedabad erred in confirming disallowance of interest payment of Rs. 14,40,475 to 1C1CI bank made by the A.O. by treating it as personal expenditure. 4. The learned Commissioner of Income Tax (Appeals) - 11, Ahmedabad

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

In the result, both the appeals of the assessee are allowed for statistical purposes

1. The ld. counsel has also referred decision of LRL Management K/S (as foreign Commercial Manager/Agent of Maersk Tankers Singapore Pvt. Ltd. ) vs. ITO (International Taxation) in ITA No. 756/Rjt/2014 and ITA 276/Rjt/2015 (Rajkot ITAT) page 8 of para 11 of this judgment on the issue that there was no dispute with regard to application to section 144C

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

In the result, both the appeals of the assessee are allowed for statistical purposes

1. The ld. counsel has also referred decision of LRL Management K/S (as foreign Commercial Manager/Agent of Maersk Tankers Singapore Pvt. Ltd. ) vs. ITO (International Taxation) in ITA No. 756/Rjt/2014 and ITA 276/Rjt/2015 (Rajkot ITAT) page 8 of para 11 of this judgment on the issue that there was no dispute with regard to application to section 144C

SHRI JAYANTILAL P. SATIKUNVER,,RAJKOT-GUJARAT vs. THE COMMISSIONER OF INCOME TAX-III,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./I.T.A. No.469/Rjt/2014 ("नधा"रण वष" / Assessment Year 2010-11)

gain computed by the learned CIT in the proceedings under section 263 of the Act was subject to tax year in which such converted stock in trade is sold. It was submitted by the learned AR that the provisions of section 45(2) requires to tax the income arising on the conversion of capital asset as stock in trade

DCIT, CENTRAL CIRCLE 1, RAJKOT vs. LAJVANTIBEN RAJABHAI HINDUJA, RAJKOT

1),\nthe provisions of Section 250 enable the Commissioner of Income-tax (Appeals) to accept\nadditional evidence in appropriate cases which power has ben preserved by Sub-rule (4) of\nrule 46A also. If the provisions of rule 46A, Sub-rule (4) thereof, are held to be mandatory\nthat will go against the provisions of Section

SHRI MAGANLAL LIMBABHAI PARSANA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

1)(c) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2007-08 consequential to a search action carried out under section 132 of the Act dated 22.12.2006. Since, all the cases are relating to the identical issue arising out of the common search proceeding conducted on 22.12.2006 under section 132

SMT. HANSABEN MADHUKANT PANDYA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

1)(c) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2007-08 consequential to a search action carried out under section 132 of the Act dated 22.12.2006. Since, all the cases are relating to the identical issue arising out of the common search proceeding conducted on 22.12.2006 under section 132

LATE SHRI TULSIBHAI LIMBABHAI PARSANA, L/R SHRI HARIBHAI T. PARSANA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

1)(c) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2007-08 consequential to a search action carried out under section 132 of the Act dated 22.12.2006. Since, all the cases are relating to the identical issue arising out of the common search proceeding conducted on 22.12.2006 under section 132

SHRI LAKHABHAI LIMBABHAI PARSANA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

1)(c) of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2007-08 consequential to a search action carried out under section 132 of the Act dated 22.12.2006. Since, all the cases are relating to the identical issue arising out of the common search proceeding conducted on 22.12.2006 under section 132

SMT. ASHABA RAJENDRASINH ZALA,JAMNAGAR vs. THE COMMISSIONER OF INCOME TAX (APPEALS),, JAMNAGAR

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

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gain.” 4. However, the benefit of basic exemption of Rs. 1,45,000/- has not been extended to the assessee. The Ld. CIT(A) while rejecting the claim of the assessee observed that the assessee was mandatorily required to file the return of income for the year under Smt. Ashaba Rajendrasinh Zala vs. CIT(A) Asst.Year – 2008-09 consideration

KUMAR RAMESH SAHU,RAJKOT, GUJARAT vs. ACIT, CIRCLE-2(2), RAJKOT, RAJKOT, GUJARAT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./I.T.A. No.336/Rjt/2023 (िनधा"रण वष" / Assessment Year : 2009-10) Kumar Ramesh Sahu बनाम/ The Acit, Sundaram, 72/3, New Cirtcle-2(3) Vs. College Wadi Rajkot – 60 001 150Ft5. Ring Road Opp. Meera Apartment Rajkot – 360 005 (Gujarat) "ायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aesps 5531 C (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By : Shri M.N. Manvar, Ld. Ar Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख / Date Of Hearing 13/01/2025 घोषणा की तारीख /Date Of Pronouncement 04/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha:

capital gain and other sources of income. The return was filed on 18.11.2009 declaring net income of Rs. 5, 40,010/-. The case was passed under Section 143(1) of the Act upon noticed that there is an unsecured loan of Rs. 65,73,083/- to KRN Alloys Pvt. Ltd. and a cash was deposited before issuing a cheque

THE ITO, WARD-5,, MUNDRA (KUTCH) vs. SHRI KOTAK MAYUR ARVINDBHAI, MUNDRA (KUTCH)

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

capital gain , bank interest and personal business income and remuneration from partnership firm. 9. On 29.10.2010 survey was carried at the business premises of M/s Kashish Enterprise from where it was found from the material that Kashish Enterprise have paid on money of Rs. 1,09,51,000/- to the appellant against the purchase of plot at Mundra

SHRI BHARATKUMAR IASHWARBHAI BHATIYA,RAJKOT vs. THE ACIT, CENTRAL CIRL-1,, RAJKOT

In the result, appeals filed by the Revenue, in ITA No

Bench: Dr. Arjun Lal Saini & Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 134 & 135/Rjt/2023 (िनधा"रणवष" / Assessment Years: (2007-08 & 2008-09) Income Tax Officer, Ward- Shri Kherajmal Lekhrajbjai 5Th 1(2)(1), Aaykar Bhavan, Thavrani, 4- Parsana Nagar, Shri Vs. Floor, Room No. 517, Race Vaheguru Grupa, Near Refugee Course Ring Road, Rajkot-360 Colony, Rajkot-360 001 001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Adrpt 5807 E (Appellant) (Respondent)

1. BHARATKUMAR ISHWARBHAI BHATIYA 2. DHAMJIBHAI & KHIRAJMAL LEKHRAJBHAI THALVANI i. Addition an account of commission income of Rs. 8,61,446/-. ii. Addition of peak credit in bank account of Rs. 46,50,353/-. On appeal, before Ld. CIT(A), the assessee did not press ground relating to commission income of Rs. 8,61,446/-, therefore, Ld. CIT(A) dismissed

THE ASSTT. COMMR. OF INCOME TAX, CEN. CIR-1,, RAJKOT-GUJARAT vs. MAULESH D. UKANI,, RAJKOT-GUJARAT

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 22/Rjt/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Assistant Commissioner Smt. Bhavnaben बनाम/ Of Income-Tax Bhovanbhai Rangani Vs. Central Circle-1, Rajkot 701, Ratrani Tower, Nr. Bhaktidham Temple, Panchvati Main Road, Rajkot-05 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abupr5242C .. (अपीलाथ"/Appellant) (""यथ" / Respondent) & आयकर अपील सं./I.T.A. No. 23/Rjt/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Assistant Commissioner Shri Bhupendra Trikamji बनाम/ Of Income-Tax Panchani Vs. Central Circle-1, Rajkot 11-A, “Akashdeep”, Sai Nagar Society, B/H. Ramdham Kalawad Road, Rajkot-360007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjpp7612B .. (अपीलाथ"/Appellant) (""यथ" / Respondent) & आयकर अपील सं./I.T.A. No. 24/Rjt/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Assistant Commissioner बनाम/ Smt. Dimpleben

gain on sale of land. So the return of income is filed without made any addition in income. Your honour has mentioned in the reason recorded that, "in this case the Information is received from DDIT(Inv)-1, Vadodara vide report No. DDIT(Inv.)/Dissemination Raghavir/Farm Issue/2018-19 dtd. 16.03.2019. As per the information a survey action u/s 133A

MAULESH D. UKANI,,RAJKOT-GUJARAT vs. THE ASSTT. COMMR. OF INCOME TAX, CIR-1(1),, RAJKOT-GUJARAT

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 22/Rjt/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Assistant Commissioner Smt. Bhavnaben बनाम/ Of Income-Tax Bhovanbhai Rangani Vs. Central Circle-1, Rajkot 701, Ratrani Tower, Nr. Bhaktidham Temple, Panchvati Main Road, Rajkot-05 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abupr5242C .. (अपीलाथ"/Appellant) (""यथ" / Respondent) & आयकर अपील सं./I.T.A. No. 23/Rjt/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Assistant Commissioner Shri Bhupendra Trikamji बनाम/ Of Income-Tax Panchani Vs. Central Circle-1, Rajkot 11-A, “Akashdeep”, Sai Nagar Society, B/H. Ramdham Kalawad Road, Rajkot-360007 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abjpp7612B .. (अपीलाथ"/Appellant) (""यथ" / Respondent) & आयकर अपील सं./I.T.A. No. 24/Rjt/2021 ("नधा"रण वष" / Assessment Year : 2012-13) Assistant Commissioner बनाम/ Smt. Dimpleben

gain on sale of land. So the return of income is filed without made any addition in income. Your honour has mentioned in the reason recorded that, "in this case the Information is received from DDIT(Inv)-1, Vadodara vide report No. DDIT(Inv.)/Dissemination Raghavir/Farm Issue/2018-19 dtd. 16.03.2019. As per the information a survey action u/s 133A