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 even though the modus operandi adopted by the assessee matches with modus operandi mentioned in the said SOP. 10. The learned PCIT, therefore noted that during the assessment proceedings, the assessing officer has not verified the transactions of sale and purchase of shares. The assessee has not been able to explain the reason for making

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 even though the modus operandi adopted by the assessee matches with modus operandi mentioned in the said SOP. 10. The learned PCIT, therefore noted that during the assessment proceedings, the assessing officer has not verified the transactions of sale and purchase of shares. The assessee has not been able to explain the reason for making

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 even though the modus operandi adopted by the assessee matches with modus operandi mentioned in the said SOP. 10. The learned PCIT, therefore noted that during the assessment proceedings, the assessing officer has not verified the transactions of sale and purchase of shares. The assessee has not been able to explain the reason for making

SMT. KUSUMBEN AMRITLAL SANGHAVI,JAMNAGAR vs. THE DCIT ,CIRCLE, JAMNAGAR, JAMNAGAR

In the result, assessee’s appeal is allowed

Bench: Smt.Annapurna Gupta & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 194/Rjt/2019 ("नधा"रण वष" / Assessment Year : 2015-16) Smt. Kusumben Amritlal Dy. Commissioner Of बनाम/ Sanghavi Income Tax Vs. C/O. Kantilal & Circle-2, Jamnagar - Brothers, Grain Market, 361008 Jamnagar - 361001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afhps5412C .. (अपीलाथ" /Appellant) (""यथ" / Respondent) अपीलाथ" ओर से /Appellant By : Shri D. S. Varia, A.R. ""यथ" क" ओर से / Shri B. D. Gupta, Sr.D.R. Respondent By : सुनवाई क" तार"ख / Date Of 06/04/2023 Hearing घोषणा क" तार"ख /Date Of 30/05/2023 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal At The Instance Of The Assessee Is Directed Against The Order Dated 25.06.2019 Passed By The Commissioner Of Income Tax (Appeals), Jamnagar (‘The Cit(A)’), Arising Out Of The Assessment Order Dated 30.06.2017 Passed By The Learned Dcit, Circle-2, Jamnagar Under Section

Section 139(4) of the Act from the date of transfer of the original asset, requirement to deposit net consideration received by the assessee in capital gain

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

4. The Ld. Counsel\nalso submitted that even in assessment order, there is a reference of long-\nterm capital gain (LTCG), it means that the assessing officer has\nexamined the same and applied his mind. The assessing officer issued\nnotice u/s 142(1) of the Act, which is placed at paper book page no.9 and\nreply of the assessee

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

4. The Ld. Counsel\nalso submitted that even in assessment order, there is a reference of long-\nterm capital gain (LTCG), it means that the assessing officer has\nexamined the same and applied his mind. The assessing officer issued\nnotice u/s 142(1) of the Act, which is placed at paper book page no.9 and\nreply of the assessee

NISHANT PAREKH- LEGAL HEIR OF MINA PAREKH,JAMNAGAR vs. INCOME TAX OFFICER, WARD-1(3), JAMNAGAR

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini. आयकरअपीलसं./Ita No.215/Rjt/2025 "नधा"रणवष" / Assessment Year: (2015-2016) Nishant Parekh – Legal Heir Of Vs. Income Tax Officer Mina Parekh Aaykar Bhavan 322 Madhav Square, Opp 361001, Gujrat Avantika Complex, Limda Lane Road, Gujrat-361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aanpp9471F (Appellant) (Respondent)

139 taxman.com352(Cal) and stated that assessee`s appeal should be dismissed. 12. Departmental Representative (Ld. CIT-DR) for the Revenue, further stated that assessing officer has mentioned the modus operandi, in the assessment order, and as per the elaborate findings, mentioned in the assessment order, it is certain that assessee has obtained bogus, long-term capital gain. Therefore

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)

capital gains on sale of such land was exempt from taxation. However, the assessing officer rejected the contention of the assessee firstly, on the ground that the revised return had been filed by the assessee beyond the due date prescribed under section 139(4

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)

section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by National Faceless Appeal Centre (NFAC), Delhi/Commissioner of Income-tax (Appeals) (‘CIT(A)’), dated 04.11.2025, which in turn arises out of an assessment order passed by Assessing Officer u/s. 143(3) of the Act, on 23.11.2018. Vasantrai Pursotam Kachalia 2. Although, this appeal filed

HANSA JITENDRA HARIA,JAMNAGAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAMNAGAR

In the result, the appeal of the assessee is dismissed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.104/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2013-14) (Hybrid Hearing) Hansa Jitendra Haria Vs. Principal Commissioner Of 2, Oswal Colony, Near Rajendra Income Tax Balkrindagan, Jamnagar, Gujarat Jamnagar 361005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aahph4309L (Assessee) (Respondent)

139(1) of the Income Tax Act, 1961 (the Act) on 27.07.2013 declaring total income of Rs. 3,31,950/-. The Long term capital gain on sale of security of Rs. 5,26,730/- was reported as exempt u/s. 10(38) of the Act. In response to notice u/s. 148 of the Act, Return of Income was filed

PRITIBEN JAGDISHBHAI MEHTA,RAJKOT vs. THE PR. COMMISSIONER OF INCOME TAX-1, RAJKOT, RAJKOT

In the result, appeal filed by the assessee is allowed

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

section 68. Shares of companies were purchased online, payments were made through banking channels, and shares were dematerialized. Additionally, the shares were transferred from the dematerialized account and received consideration through legitimate banking channels. Assessing officer did not have any independent source or evidence to show an agreement between the assessee and any other party to convert unaccounted money

NARESH KANTILAL THACKER,,GANDHIDHAM vs. INCOME TAX OFFICER, WARD-2,, GANDHIDHAM

In the result, the appeal filed by the Assessee is hereby dismissed

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2014-15. I.T.A No. 28/Rjt/2018 A.Y. 2014-15 Page No 2 Naresh Kantilal Thacker vs. ITO 2. The brief facts of the case is that the assessee is an individual and engaged in the business of Trading of timber

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:

139 or in response to a notice issued under sub-section (1) of section 142 or section 148 or to disclose fully and truly all material facts necessary for his assessment, for that assessment year." C. Reliance is placed on decision of Hon'ble Bombay High Court in case of Bhor Industries Ltd. vs. Assistant Commissioner of Income

SHRI IKBALBHAI JUMABHAI KHIRANI,RAJKOT vs. THE ITO WARD-1 (2) (1), RAJKOT

Bench: Dr. Arjun Lal Saini

Capital Gain income instead of business income rejecting the assessee's contention of the business income. During the course of assessment proceedings, the assessee filed computation of total income wherein the assessee has admitted under the business head u/s 44AD of the Act, Gross Receipts (banking channel) is Rs. 32,00,000/- and an amount

SHRI SUBIR YUDHISTHIR DAS,BELAPUR, THANE (MAHARASTRA) vs. THE CIT(A)-13, AHMEDABAD, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

4. On merits, the brief facts of the case are that assessee had not filed return of income u/s 139 (1) of the Act and therefore, notice under section 148 was issued by the Department on 31-03-2019. In response, the assessee filed return of income 01-06-2019, disclosing “Nil” income. During the course of assessment, the assessing

DILIP KANTILAL KUBAVAT,PORBANDAR vs. ITO WD 2(3), PORBANDAR, PORBANDAR

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.522/Rjt/2025 "नधा"रण वष"/Assessment Year :2016-17 Dilip Kantilal Kubavat Ito बनाम/ Prop. Vijay Dairy Farm, Ward 2 (3), Vs Near Ramdhun S V P Road, Porbandar 360575 Porbandar - 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Azfpk8009B (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Sagar Shah, Ld. Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Ld. Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 09/09/2025 घोषणा क" तार"ख /Date Of Pronouncement : 14 /10/2025 आदेश/Order Per, Dr. Arjun Lal Saini, A.M The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal) [Hereinafter Referred To As “Cit(A)”], Dated 21.03.2025, Arising In The Matter Of Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2016-17. 2. In This Appeal, The Assessee Has Raised Multiple Grounds Of Appeal. However, The Solitary Grievance Of The Assessee Is That The Ld Cit(A) Erred In Not To Consider The Basic Fact That The Assessee Has Gifted The Property To His Sister In Law (Younger Brother'S Wife) That Is, To A Relative For A Consideration Dilip Kantilal Kubavat

4,90,000/-) should not be added to total income under Long Term Capital Gain by invoking section 50C of Act. Dilip Kantilal Kubavat 7.In response, the assessee had submitted its reply before the assessing officer, with documentary evidences stating that the land was transferred to his sister-in- law and therefore, the deed was in nature of gift. However

RASILABEN BHARAT PARMAR,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-2(1), JAMNAGAR

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.923/Rjt/2024 िनधा"रणवष"/ Assessment Year: 2015-16 Rasilaben Bharat Parmar The Ito, Ward-2(1) बनाम Block No.1252, Narayannagar Jamnagar. Opp: Gulabnagar Vs. Jamnagar. Pan : Ckvpp 5590 F (अपीलाथ"/Appellant) : (""यथ"/Respondent) िनधा"रती क" ओर से/Assessee By : Shri Sagar Shah, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तारीख /Date Of Hearing : 28/01/2025 घोषणा क" तारीख /Date Of Pronouncement : 21/03/2025 Order Per Dr. Arjun Lal Sainicaptioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi[In Short ‘Ld.Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Vide Order Dated 08.11.2024, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act, 1961, Vide Order Dated 01.03.2022. 2. The Ground Of Appeal Raised By The Assessee In This Appeal, Pertains To Addition Of Rs. 7,60,800/-, Made By The Assessing Officer & Confirmed By The Ld. Cit(A), On Account Of Long-Term Capital Gain.

4 taxed under the head Profit or Gains from Business and Profession in return of income filed on 23.02.2017, u/s 139(1) of the Act. Despite of specifically mentioning the said fact, again and again, neither the assessing officer nor the CIT(A) have considered the above facts and made addition to the total income which leads to double taxation

THE ACIT, CENTRAL CIRCLE-1, RAJKOT, RAJKOT vs. SHRI BHUPENDRA TRIKAMJI PANCHANI, RAJKOT

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

139 of the Act for the year under consideration, the source of such huge casb payment remained unexplained, which is required to be brought to tax. Thus the income to the extent of Rs 2,45,25,720.has escaped assessment in this) case for which the case of the assessee for AY 2012-13 needs to be re- opened within