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57 results for “capital gains”+ Section 132(5)clear

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Key Topics

Section 14851Section 14743Section 143(3)41Addition to Income34Section 13225Section 217Section 271(1)(c)16Section 153A11Section 115J8

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

ITA 469/RJT/2014[2010-11]Status: DisposedITAT Rajkot08 Jul 2022AY 2010-11

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

For Respondent: Shri Sanjeev Jain, CIT. D.R
Section 143(3)

5. Being aggrieved by the order of the learned CIT, the assessee is in appeal before us. 6. The learned AR before us filed a paper book running from pages 1 to 150 and contended that the learned CIT under section 263 has directed to make the additions of various items which have been duly discussed in his order with

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

Showing 1–20 of 57 · Page 1 of 3

Long Term Capital Gains6
Survey u/s 133A6
Limitation/Time-bar5
ITA 96/RJT/2015[2011-12]Status: Disposed
ITAT Rajkot
01 Jun 2020
AY 2011-12

Bench: Shri Waseem Ahmed & Shri Madhumita Roy)

For Appellant: Shri P.C. Yadav, AdvocateFor Respondent: Shri M.N Maury, CIT/ D.R
Section 132Section 132ASection 143(3)Section 153Section 153ASection 153BSection 153D

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

SEABIRD MARINE SERVICES PRIVATE LIMITED,JAMNAGAR vs. ACIT, CIRCLE - 1, JAMNAGAR, JAMANGAR

ITA 83/RJT/2025[2017-18]Status: DisposedITAT Rajkot30 May 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 83/Rjt/2025 (निर्धारण वर्ष/Assessment Year: (2017-18) Seabird Marine Services Pvt. Vs. Ltd. Office No. 309 & 310, Centroid Luxuria, Nr. Crystal Mall, Khodiyar Colony, Aerodrome Road, Jamnagar 361006 Assistant Commissioner Of Income-Tax, Circle-1, Jamnagar, Aayakar Bhawan, Nr. Subhash Bridge, Jamnagar -Rajkot Highway, Jamnagar स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaccs 9869 C (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) Appellant By : Shri S. N. Soparkar, Ld. Ar Respondent By : Shri Sanjay Punglia, Ld. Cit-Dr Date Of Hearing : 30/04/2025 Date Of Pronouncement : 30/05/2025 Per Dr. A. L. Saini, Am: आदेश / Order Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2017-18, Is Directed Against The Order Passed By The National Faceless Appeal Centre (Nfac), Dehi/ Commissioner Of Income Tax (Appeal) [In Short 'Ld. Cit(A)'], Dated 02.01.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Vide Order Dated 31.12.2019. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “All The Below Mentioned Grounds Of Appeal Are Independent & Without Prejudices To Each Other.

For Appellant: Shri S. N. Soparkar, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT-DR
Section 114Section 115JSection 143(3)

132 Taxman 373] (SC) and (xvii) Banyan & Berry vs. CIT [1996] 222 ITR 831 (Guj). 14. On the other hand, Ld. CIT-DR for the Revenue supported the order of lower authorities. The Ld. CIT-DR took us through the provisions of Section 115JB of the Act, wherein he has especially drawn our attention to clause-(i) of Explanation

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

ITA 430/RJT/2018[2017-18]Status: DisposedITAT Rajkot21 Nov 2019AY 2017-18
For Appellant: Shri Porus Kaka, A.RFor Respondent: Shri Jitendra Kumar, CIT-D.R
Section 172(3)Section 172(4)

gains or profits from any trade, business, profession or vocation, The AR has made a failed attempt to distinguish income 'accrued or derived' from the term 'received. The AR has very conveniently ignored the fact that the term used in the treaty is 'received or remitted and the term 'remitted' finds no mention in Singapore Income Tax Act (SITA). Appellant

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

ITA 429/RJT/2018[2017-18]Status: DisposedITAT Rajkot21 Nov 2019AY 2017-18
For Appellant: Shri Porus Kaka, A.RFor Respondent: Shri Jitendra Kumar, CIT-D.R
Section 172(3)Section 172(4)

gains or profits from any trade, business, profession or vocation, The AR has made a failed attempt to distinguish income 'accrued or derived' from the term 'received. The AR has very conveniently ignored the fact that the term used in the treaty is 'received or remitted and the term 'remitted' finds no mention in Singapore Income Tax Act (SITA). Appellant

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

ITA 94/RJT/2024[2021-22]Status: DisposedITAT Rajkot20 May 2025AY 2021-22
For Appellant: Shri R.B. Shah, Ld. ARFor Respondent: Shri Sanjay Punglia, Ld. CIT(DR)
Section 132Section 132(4)Section 143(2)Section 143(3)Section 250

Capital gain of Rs.4,66,00,000/-with giving a reasonable opportunity to the assessing officer as per rule 46A of Income Tax Rules." (2) Whether, on the facts and in the circumstances of the case and in law the Ld.CIT(A) has erred in considering the additional evidence produced by the assessee assessee during the appellate proceedings and allowing

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

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

ITA 44/RJT/2023[2006-07]Status: DisposedITAT Rajkot19 Jun 2025AY 2006-07

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)

132 of the Act, was carried out at the premises of the assessee on 17.01.2013. Consequent to search u/s 132 of the Act, proceedings u/s 153A of the Act was initiated by issuing notice, dated 30.07.2014, which was duly served upon the assessee. The assessee was required to file return of income within 30 days of the receipt

SHRI JAWAHIR RAVICHANDRA MEHTA,DUBAI(UAE) vs. THE DCIT, CIRCLE-2, RAJKOT, RAJKOT

In the result appeal of the assessee vide ITA/81/Rjt/2020 stands dismissed

ITA 81/RJT/2020[2005-06]Status: DisposedITAT Rajkot27 Dec 2021AY 2005-06

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Amarjit Singh, Accountant Memebr

Section 132Section 147Section 148Section 149Section 149(3)Section 4

132 subsection 4 record on 21st of March 2012 and on the basis of transactions in those foreign banks accounts, the assessee and his father, Shri Ravichandran V Mehta had admitted that the amount of Rs.80.11 Crore laying in the HSBC account as on February 2007 was not disclosed to the department, that the tune of Rs.39.60 crore was unaccounted

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

In the result, appeal filed by the Revenue is dismissed

ITA 156/RJT/2016[2007-08]Status: DisposedITAT Rajkot10 Apr 2019AY 2007-08

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Praveen Verma, Sr. D.RFor Respondent: Shri Mehul J. Ranpura
Section 133ASection 143(3)Section 148

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

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

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

ITA 409/RJT/2018[2008-09]Status: DisposedITAT Rajkot30 Sept 2021AY 2008-09

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri Bhavin Shah, ARFor Respondent: Shri S. S. Rathi, Sr. D.R
Section 139(1)Section 144Section 147Section 54(1)(ii)

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

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

ITA 26/RJT/2021[2007-08]Status: DisposedITAT Rajkot12 Apr 2023AY 2007-08

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

Section 132Section 142Section 143Section 153A

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

ITA 25/RJT/2021[2006-07]Status: DisposedITAT Rajkot12 Apr 2023AY 2006-07

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

Section 132Section 142Section 143Section 153A

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

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

ITA 336/RJT/2023[2009-10]Status: DisposedITAT Rajkot04 Apr 2025AY 2009-10

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:

For Appellant: Shri M.N. Manvar, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(1)Section 143(3)Section 147Section 148Section 271(1)Section 54Section 68

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

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

ITA 446/RJT/2014[2007-08]Status: DisposedITAT Rajkot19 Nov 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri D. M. Rindani, A.RFor Respondent: Shri Ranjeet Singh, CIT D.R
Section 132Section 143(3)Section 271(1)(c)

132 of the Act the appeals are heard analogously and are being disposed of by a common order. 2. ITA No. 443/Rjt/2014 for A.Y. 2007-08 is taken as the lead case. The assessment under section 143(3) of the Act in regard to the assessee was finalized upon assessment of the long-term capital gain in regard

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

ITA 445/RJT/2014[2007-08]Status: DisposedITAT Rajkot19 Nov 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri D. M. Rindani, A.RFor Respondent: Shri Ranjeet Singh, CIT D.R
Section 132Section 143(3)Section 271(1)(c)

132 of the Act the appeals are heard analogously and are being disposed of by a common order. 2. ITA No. 443/Rjt/2014 for A.Y. 2007-08 is taken as the lead case. The assessment under section 143(3) of the Act in regard to the assessee was finalized upon assessment of the long-term capital gain in regard

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

ITA 443/RJT/2014[2007-08]Status: DisposedITAT Rajkot19 Nov 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri D. M. Rindani, A.RFor Respondent: Shri Ranjeet Singh, CIT D.R
Section 132Section 143(3)Section 271(1)(c)

132 of the Act the appeals are heard analogously and are being disposed of by a common order. 2. ITA No. 443/Rjt/2014 for A.Y. 2007-08 is taken as the lead case. The assessment under section 143(3) of the Act in regard to the assessee was finalized upon assessment of the long-term capital gain in regard

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

ITA 444/RJT/2014[2007-08]Status: DisposedITAT Rajkot19 Nov 2019AY 2007-08

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Shri D. M. Rindani, A.RFor Respondent: Shri Ranjeet Singh, CIT D.R
Section 132Section 143(3)Section 271(1)(c)

132 of the Act the appeals are heard analogously and are being disposed of by a common order. 2. ITA No. 443/Rjt/2014 for A.Y. 2007-08 is taken as the lead case. The assessment under section 143(3) of the Act in regard to the assessee was finalized upon assessment of the long-term capital gain in regard

SHRI BALKRUSHNA RAVICHANDRA MEHTA,MUMBAI vs. THE DCIT, CIRCLE-2, RAJKOT, RAJKOT

ITA 2/RJT/2021[2007-08]Status: DisposedITAT Rajkot22 Jun 2021AY 2007-08

Bench: Shri Amarjit Singh & Ms. Madhumita Roy

For Respondent: Shri Om Prakash , CIT DR
Section 132Section 153A

5. The assessment was finalized upon determination of the interest income of Rs. 1,32,94,549/- and Rs. 1,44,53,534/- as shown interest income by two sons of the assessee namely Shri Bal Krishna Mehta and Shri Jawahir Mehta respectively and addition was made on the total amount of Rs. 2,77,48,083/- in the hands

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI BALKRISHNA R. MEHTA, RAJKOT

ITA 120/RJT/2020[2006-07]Status: DisposedITAT Rajkot22 Jun 2021AY 2006-07

Bench: Shri Amarjit Singh & Ms. Madhumita Roy

For Respondent: Shri Om Prakash , CIT DR
Section 132Section 153A

5. The assessment was finalized upon determination of the interest income of Rs. 1,32,94,549/- and Rs. 1,44,53,534/- as shown interest income by two sons of the assessee namely Shri Bal Krishna Mehta and Shri Jawahir Mehta respectively and addition was made on the total amount of Rs. 2,77,48,083/- in the hands

THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, RAJKOT vs. SHRI BALKRISHNA R. MEHTA, RAJKOT

ITA 121/RJT/2020[2007-08]Status: DisposedITAT Rajkot22 Jun 2021AY 2007-08

Bench: Shri Amarjit Singh & Ms. Madhumita Roy

For Respondent: Shri Om Prakash , CIT DR
Section 132Section 153A

5. The assessment was finalized upon determination of the interest income of Rs. 1,32,94,549/- and Rs. 1,44,53,534/- as shown interest income by two sons of the assessee namely Shri Bal Krishna Mehta and Shri Jawahir Mehta respectively and addition was made on the total amount of Rs. 2,77,48,083/- in the hands