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 u/s 45 of the Act and Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 is added back to the total income kor the year consideration. Penalty proceedings u/s. 270A(9)(a) r.w.s. 270A(8) for underreporting in consequence of misreporting of income of the Act are initiated separately.” We note that assessing

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 u/s 45 of the Act and Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 is added back to the total income kor the year consideration. Penalty proceedings u/s. 270A(9)(a) r.w.s. 270A(8) for underreporting in consequence of misreporting of income of the Act are initiated separately.” We note that assessing

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

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

capital gain u/s 45 of the Act and Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 is added back to the total income kor the year consideration. Penalty proceedings u/s. 270A(9)(a) r.w.s. 270A(8) for underreporting in consequence of misreporting of income of the Act are initiated separately.” We note that assessing

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 u/s 45 of the Act and Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 is added back to the total income kor the year consideration. Penalty proceedings u/s. 270A(9)(a) r.w.s. 270A(8) for underreporting in consequence of misreporting of income of the Act are initiated separately.” We note that assessing

SHRI JAY ATULBHAI MODY ,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2 (2) (3),, RAJKOT

In the result appeal of the assessee is hereby partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed, आयकर अपील सं./Ita No. 240/Rjt/2017 िनधा"रण वष"/Asstt. Years: 2007-2008 Shri Jay Atulbhai Mody, I.T.O., “Pankaj”, Jalaram-3, Vs. Ward-2(2)(3), Street No.2, Rajkot. Near Indira Circle, University Road, Rajkot.

capital gains on such sale as no income tax return had been filed by assessee, the issuance of notice u/s 148 on basis of such uncontroverted information cannot be said to be on borrowed satisfaction. This contention is not tenable. As regards the service of notice u/s 148 and 144, I find that the notice had been served

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)

capital gains in the hands of the assessee, in an ex- parte order passed under section 144 of the Act. I.T.A

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

capital gain tax and not applicable to the fact of the case of the assessee. The ld. departmental representative has also referred page no. 48 to 76 of ld. CIT(A)’s order and contended that the ld. CIT(A) has rightly held that provision of article 24 override the provisions of article 8 of the DTAA between India

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

capital gain tax and not applicable to the fact of the case of the assessee. The ld. departmental representative has also referred page no. 48 to 76 of ld. CIT(A)’s order and contended that the ld. CIT(A) has rightly held that provision of article 24 override the provisions of article 8 of the DTAA between India

MAHENDRAKUMAR BHANJIBHAI CHHANIYARA,RAJKOT vs. THE ITO WARD 1 (2) (1) RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No. 280/Rjt/2025 (निर्धारणवर्ष/Assessment Year: (2016-17) Mahendrakumar Bhanjibhai Income Tax Officer, Chaniyara, Gaushala Plot, Kolki बनाम Ward-1(2)(1), Rajkot, Aaykar Rajkot, Kolki So, Bhawan, Rajkot-360001 /Vs. Rajkot-360470 स्थायी लेखा सं./जी आइआरसं./Pan/Gir No.: Astpc9150G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) निर्धारितीकीओरसे/Appellant By : Shri Jaimin Shah, Ld. A.R. राजस्वकीओरसे/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. D.R. सुनवाईकीतारीख / Date Of Hearing : 18/08/2025 घोषणाकीतारीख/Date Of Pronouncement : 19/08/2025 आदेश / Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Order (Ay) 2016-17, Is Directed Against The Order Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Passed By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax(Appeals) (In Short "Ld.Cit(A)",Dated 12.03.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S 144 Of The Act, Dated 28.02.2024. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

144 of the IT Act, is against the principal of natural justice and therefore the heavy addition made of Rs. 66,78,350/- as short term capital gain is required to be deleted. 06. That the appellant has purchased the land under question on 06/08/2010 and sold on 19/06/2015 which is Long term capital gain, however without making proper inquiry

HUSHENBHAI ISMAILBHAI KAATARIYA,UNA vs. ITO-WARD 4, VERAVAL

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.387/Rjt/2024 Assessment Year: (2012-13) (Hybrid Hearing) Hushenbhai Ismailbhai Kaatariya Vs. Income Tax Officer, Ward – 4, 202-03 Dhruv Complex Una, Yogeshwar Bhavan, Opp. S.T. Opp. K. V. School, Una, Bus Stamd, Junagadh-362560 Veraval- 362265 Gujarat Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bmspm1645L (Appellant) (Respondent)

section 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”). 2. The grounds of appeal raised by the assessee are as follows: Assessment Year. 2012-13 Hushenbhai Ismailbhai Kaatariya v. ITO 1. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in passing order

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

144 r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred as to “the Act”) for the Assessment Year (A.Y.) 2008-09. 2. Denial of benefit of exemption/deduction to the tune of Rs. 1,45,000/- under Section 54(1)(ii) is the subject matter before us. The assessee purchased a plot of land at Rajnagar, Jamnagar on 09.02.1998 whereupon

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)

section 124(3)(b) of the I.T. Act, 1961 in terms of which jurisdiction of an Assessing Officer cannot be called in question by on assessee after expiry of one month from date on which he was served with a notice for reopening assessment under section 148 of the I.T Act. 2. Thee learned CIT(A)-1 has erred

BHARATKUMAR BAVACHANDBHAI BHUVA,JETPUR vs. ITO WARD 1(2)(5), RAJKOT, RAJKOT

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

Bench: DR. ARJUN LAL SAINI (Accountant Member)

section 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by Learned Income Tax Act, 1961 (hereinafter referred to as “the Act”) by Income Tax Act, 1961 (hereinafter referred to as “the Act”) by Commissioner of Income Tax (Appeal)[hereinafter referred to as “CIT(A)”], Commissioner of Income Tax (Appeal)[hereinafter referred

SMT. GRACY KUTHUMKAL THOMAS,,VERAVAL vs. THE JOINT COMMISSIONER OF INCOME TAX, JUNAGADH RANGE-1,, JUNAGADH

In the result, appeals of the Revenue and assessee, both are dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

capital in nature and not for the purpose of business, however, if it is correctly recorded in books of account, the books of account cannot be rejected on the ground of its non-allow ability under I.T. Act. The DEPB scheme was started somewhere in Assessment Year 1998-99. Therefore, it is possible that in early days of this scheme

THE DEPUTY COMISSIONER OF INCOME TAX, CIRCLE-1,, JUNAGADH vs. SMT. GRACY KUTHUKMAL THOMAS,, VERAVAL

In the result, appeals of the Revenue and assessee, both are dismissed

Bench: Shri Rajpal Yadav & Shri Amarjit Singh

capital in nature and not for the purpose of business, however, if it is correctly recorded in books of account, the books of account cannot be rejected on the ground of its non-allow ability under I.T. Act. The DEPB scheme was started somewhere in Assessment Year 1998-99. Therefore, it is possible that in early days of this scheme

AAMNABEN GAFAR MADKIYA,JAMNAGAR vs. ITO, WARD - 2(10), JAMNAGAR, JAMNAGAR

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.761/Rjt/2024 "नधा"रणवष" / Assessment Year: (2013-14) (Hybrid Hearing) Amana Gafar Madakiya Vs. Ito, Ward – 2(10), Jamnagar, Ghela Patel Delo, Head Post Aaykar Bhawan, Nr Subhas Office, Ghachiwad, Bridge, Jamnagar Rajkot Jamnagar-361001 Highway, Jamnagar "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bylpm2878L (Assessee) (Respondent) Assessee By : Shri Dushyant Maharshi, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. (Dr) Date Of Hearing : 05/03/2025 Date Of Pronouncement : 29/05/2025 आदेश / O R D E R Per A. L. Saini, Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2013-14, Is Directed Against The Order Passed Under 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), Dated 07.08.2024, Which In Turn Arises Out Of An Order Passed By The Assessing Officer, Dated 30/03/2022, U/S 147 R.W.S. 144 & 144B Of The Income Tax Act, 1961. 2. The Grounds Of Appeals Raised By The Assessee Are As Follows:

144 and 144B of the Income Tax Act, 1961. 2. The Grounds of appeals raised by the assessee are as follows: ITA No. 761/Rjt/24 (AY 2013-14) Amana Gafar Madakiya “All the below mentioned grounds of appeal are independent and without prejudices to each other. 1.Hon'ble CIT (Appeals) has grossly erred in law as well as in facts

YASMEEN WASEEM PARMAR ,JAMNAGAR vs. THE PR. CIT , JAMNAGAR

Bench: Dr. A. L. Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.194/Rjt/2024 Assessment Year: (2013-14) (Physical Hearing) Yasmeen Waseem Parmar, Vs. Principal Commissioner Of Bawa No Delo, Opp. Old Post Income Tax, Office, Nagarpara Main Road, Jamnagar O/S. Khambhaliya Gate, Jamnagar, Gujarat-361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aijph3607F (Assessee) (Respondent)

144 rws 144B of the Act on 28/03/2022 accepting the returned income. ITA.194/Rjt/2024/AY.2013-14 Yasmeen Waseem Parmar 3.1.During reopened assessment proceeding, vide letter dtd 23/03/2022, you have submitted revised working of capital gain computation considering the jantri value as sales consideration of Rs 50,63,325/- (@6.95% of 7,28,53,600) and after deducting indexed cost of purchase

THE ACIT, CENTRAL CIRCLE-1, RAJKOT, RAJKOT vs. SHRI BHOVAN P. RANGANI, 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

144 r.w.s. 147 of the Act in ITA No.35/Rjt/2021)for Assessment Year 2012-13. 2. The brief facts leading to this case it this that a survey was carried out at the premises of M/s. Raghuvir Group by the Investigation Wing, Vadodara on 27.12.2018. During the course of survey proceeding, certain documents were found and impounded from the said office