THE DEPUTY COMMR. INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

Capital Gain” is devoid of any merit. 24 A.Y.2011-12 and others Furthermore, the assessee and the Directors are closely connected people and therefore there is no loss to the revenue merely on the reasoning that the income has been offered in the hands of the Director in place of the company. Thus, we don’t find any infirmity

THE DY. COMMR. OF INCOME TAX, CIRCLE-1(1),, RAJKOT-GUJARAT vs. M/S. RADHE RENEWABLE ENERGY DEVELOPEMENT PVT. LTD.,, RAJKOT-GUJARAT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

Capital Gain” is devoid of any merit. 24 A.Y.2011-12 and others Furthermore, the assessee and the Directors are closely connected people and therefore there is no loss to the revenue merely on the reasoning that the income has been offered in the hands of the Director in place of the company. Thus, we don’t find any infirmity

THE ACIT, CIRCLE-2,, RAJKOT-GUJARAT vs. SHRI NARENDRA J.BHIMANI,, RAJKOT-GUJARAT

In the result the appeal is dismissed

section 143(3) of the Income Tax Act, 1961, for the assessment year 2008-09. The assessee has also filed a cross objection but as learned counsel for the assessee fairly submits, it merely supports this order of the CIT(A) and is not, therefore, pressed. The CO is thus dismissed as not pressed. 2. Coming to the appeal filed

BHIKHALAL PRAHALADRAI AGARWAL HUF,GANDHIDHAM vs. ASSISTANT COMMISSIONER OF INCOME TAX, GANDHIDHAM CIRCLE, GANDHIDHAM

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

capital gain by denying the exemption u/s 10(34A). The ld. CIT(A) has erred in law as well as on facts in confirming the same. 3.The ld. CIT(A) has erred in law as well as on facts in dismissing the appeal without considering the paper-book filed by the assessee and without providing an opportunity for a personal

BHIKHALAL PRAHLADRAI AGARWAL HUF,GANDHIDHAM vs. ASSISTANT COMMISSIONER OF INCOME TAX GANDHIDHAM CIRCLE, GANDHIDHAM

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita Nos.779&780/Rjt/2024 ("नधा"रण वष" / Assessment Years: 2011-12 & 2016-17) Bhikhalal Prahaladrai Agarwal- Vs. Assistant Commissioner Of Income Tax, Huf, Gandhidham Circle C/O. Sarda & Sarda, Sakar, 1St It Office, Plot No. 32, Sector No. 3, Near Floor, Dr. Radha-Krishnan Road, Iffco Colony, Gandhidham Opp. Rajkumar College Rajkot Gandhidham - 370201 Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabha4638R (Assessee) (Respondent) Assessee By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 05/06/2025 Date Of Pronouncement : 21/08/2025

capital gain by denying the exemption u/s 10(34A). The ld. CIT(A) has erred in law as well as on facts in confirming the same. 3.The ld. CIT(A) has erred in law as well as on facts in dismissing the appeal without considering the paper-book filed by the assessee and without providing an opportunity for a personal

NIRMAL B. CHAVDA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-2(1)(2),, RAJKOT-GUJARAT

In the result, the appeal of the assessee is dismissed

section 28. 4. The Assessing Officer has erred in law by not giving enough opportunity to the assessee before passing Order and not follows the principle of natural justice. 5. The Commissioner of Income Tax-2 has wrongly enhanced income of assessee by Rs.1,45,639.” 3. In this case, assessee filed his return of income declaring income

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

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

42- Digvijay Jamnagar - 361008 Plot, Jamnagar – 361005 PAN No.: AOZPS9722C 4. 06/Rjt/2024 2012-13 Jayesh Khimji Office of Principle Commissioner of Khimasiya HUF Income Tax, Vatsal, Summair Taranjali Building, Club Road, 3 – Jamnagar - 361008 Oswal Colony, Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 Jamnagar – 361005 PAN No.: AADHS2584L Assessee by Shri Bhavin Shah

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

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

42- Digvijay Jamnagar - 361008 Plot, Jamnagar – 361005 PAN No.: AOZPS9722C 4. 06/Rjt/2024 2012-13 Jayesh Khimji Office of Principle Commissioner of Khimasiya HUF Income Tax, Vatsal, Summair Taranjali Building, Club Road, 3 – Jamnagar - 361008 Oswal Colony, Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 Jamnagar – 361005 PAN No.: AADHS2584L Assessee by Shri Bhavin Shah

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

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

42- Digvijay Jamnagar - 361008 Plot, Jamnagar – 361005 PAN No.: AOZPS9722C 4. 06/Rjt/2024 2012-13 Jayesh Khimji Office of Principle Commissioner of Khimasiya HUF Income Tax, Vatsal, Summair Taranjali Building, Club Road, 3 – Jamnagar - 361008 Oswal Colony, Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 Jamnagar – 361005 PAN No.: AADHS2584L Assessee by Shri Bhavin Shah

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

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

42- Digvijay Jamnagar - 361008 Plot, Jamnagar – 361005 PAN No.: AOZPS9722C 4. 06/Rjt/2024 2012-13 Jayesh Khimji Office of Principle Commissioner of Khimasiya HUF Income Tax, Vatsal, Summair Taranjali Building, Club Road, 3 – Jamnagar - 361008 Oswal Colony, Mansukhlal khimji and others v. PCIT ITA No.3,4,5,6/Rjt/2024 AY.2012-13 & 2013-14 Jamnagar – 361005 PAN No.: AADHS2584L Assessee by Shri Bhavin Shah

SHRI CHHAGANBHAI MULJIBHAI PATOLIYA,JETPUR vs. THE ITO WARD-1 (2) (3) RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.477/Rjt/2025 "नधा"रणवष" / Assessment Year: (2012-13) Chhaganbhai Muljibhai Patoliya, Vs The Ito Ward 1(2)(3), Radhe Park, Shreeji School, Aayakar Bhavan, Race Course, . Amarnagar Road, Rajkot (Gujarat) - 360001 Jetpur (Gujarat) - 360370 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ddrpp2365A (Appellant) (Respondent)

42,333 which is raised to rs. 12.45.081 and ultimately reduce to rs. 9,32,516 addition made of 15 9.32.5106 ultimately made on total sale value of rs 1,42.333. While doing so the ld. A.O. though assessed income as capital gain and there after applied provisions of section

SHRI MOHANLAL LALJIBHAI GHODASARA(HUF),,JUNAGADH vs. THE INCOME TAX OFFICER, WARD-1(2),, JUNAGADH

In the result, the appeal of assessee is allowed

Bench: Shri Pradip Kumar Kedia & Smt. Madhumita Royआयकर अपील सं./I.T.A. No. 44/Rjt/2016 ("नधा"रण वष" / Assessment Year : 2011-12)

42 immovable properties being land parcels. The AO opined that profits arising from land sales transfer of land parcels amounts to business activity and not merely realization of capital investments. Consequently, a show cause notice under s.142(1) of the Act was issued intending to treat the profit arising on sale of such properties as ‘business income’ and consequently

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)

capital asset as stock in trade, we are inclined to refer the provisions of section 45(2) of the Act which reads as under: 42[(2) Notwithstanding anything contained in sub-section (1), the profits or gains

URVASHI GIRISHBHAI LAL,RAJKOT vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini

capital gain (LTCG). It was found that the assessee has made transaction of sale in scrip of M/s. Dhvanil Chemicals Ltd., which is a penny stock. The assessee is one of the beneficiaries of the penny stock transaction for F.Y. 2012-13. The detail of trading value of the transaction in the scrip during FY 2012-13 in case

SHRI KISHOR BABUBHAI SAKHIYA,,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 & T.R. Senthil Kumarassessment Year : 2015-16 Shri Kisho Babubhai Sakhiya The Pr.Cit-1 Khodiyar Krupa Vs Rajkot. 3, Tanti Park Corner Rajkot.

42,79,880/- on 28.9.2011. The return was selected for scrutiny assessment and assessment was completed by making addition under Section 14A of Rs.3,35,389/- and disallowance of car expenses of Rs.11,874/- and determined the assessed income at Rs.1,46,27,143/- by order dated 20-12-2013 passed u/s.143(3) of the Act. 5. On examination

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)

42,965/-. The return of income of the assessee was processed u/s.143(1) of the Act accepting the returned income. Later on, the assessee`s case was selected for scrutiny through CASS for Limited scrutiny Page 2 of 19 Babubhai K. Sakaria and a notice u/s.143(2) of the Act, was issued on 13.07.2017 and duly served upon the assessee

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)

section u/s 271(1)(c) of the Act, the Ld. CIT(Appeals) upheld the penalty order with the following observations: “The notice u/s 143(2) was issued on 31,08,2016, During the scrutiny assessment proceedings the assessee filed a revised return of income wherein income from long term capita! gain on sale of the said property was declared

THE DCIT, (INTL. TAXN.), RAJKOT vs. M/S. KOREA SOUTH EAST POWER CO. LTD., MUMBAI

In the result, the appeal of the Revenue is dismissed

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar(Conducted Through Virtual Court) Assessment Year: 2011-12 The Dcit (Intl. Taxn.) M/S.Korea South East Power Amruta Estate Co.Ltd. Room No.312 Mg Road बनाम/ C/O. P.V. Page & Co., Girnar Cinema 201, Sardar Griha, 198 L.T. Marg Vs. Rajkot Mumbai – 400 002 (Appellant) (Respondent) Pan: Pan : Ahvps 3555Q Assessee By None Revenue By Shri Ashish Kumar Pandey, Sr.Dr Date Of Hearing 25/09/2023 Date Of Pronouncement 15/12/2023

42% ( including surcharge) in respect of the DCIT (Intl.Taxn.) vs. M/s.Korea South East Power Co.Ltd. AY : 2011-12 [5] income earned and without claiming any deduction under section 44BBB of the Act. At this stage, it had not even claimed benefit of the Applicable Article of DTAA. The development of the case clearly shows that it was by subsequently revising