M/S RADHE RENEWABLE ENERGY DEVELOPMENT PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSTT. COMMR. INCOME TAX, CIRCLE-5,, 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 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

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)

Capital Gain including section 50C of the I.T. Act for the property transactions made by him during the financial year 2011-12. The Assessee has not filed his original return of income. In response to the notices issued u/s 148 the assessee filed his return of income on 21.11.2019 declaring income as Rs. 41,870/-. In response to the notice

MANISH GYANCHAND JAIN,GANDHIDHAM vs. ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, , GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

44 AF of the Act. However, we note that the assessee has not claimed any loss under section 44AF of the Act. As such there is a separate trading and profit & loss account placed on page 29 of the paper book. Thus we disagree with the finding of the authorities below that impugned loss was computed under the provision

MANISH GYANCHAND JAIN,GANDHIDHAM vs. ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, , GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

44 AF of the Act. However, we note that the assessee has not claimed any loss under section 44AF of the Act. As such there is a separate trading and profit & loss account placed on page 29 of the paper book. Thus we disagree with the finding of the authorities below that impugned loss was computed under the provision

SHRI MANISH GYANCHAND JAIN ,GANDHIDHAM vs. THEACIT, GANDHIDHAM CIRCLE, GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

44 AF of the Act. However, we note that the assessee has not claimed any loss under section 44AF of the Act. As such there is a separate trading and profit & loss account placed on page 29 of the paper book. Thus we disagree with the finding of the authorities below that impugned loss was computed under the provision

MANISH GYANCHAND JAIN,GANDHIDHAM vs. ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, , GANDHIDHAM

In the result the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

44 AF of the Act. However, we note that the assessee has not claimed any loss under section 44AF of the Act. As such there is a separate trading and profit & loss account placed on page 29 of the paper book. Thus we disagree with the finding of the authorities below that impugned loss was computed under the provision

M/S SHRI VENU PIPE INDUSTRIES,,JUNAGADH vs. THE INCOME TAX OFFICER, WARD-1(2),, JUNAGADH

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Ms. Madhumita Royआयकर अपील सं./Ita No. 330/Rjt/2014 "नधा"रण वष"/Asstt. Year: 2009-2010 M/S Shri Venu Pipe Income Tax Officer, Industries, Dolatpara, Vs. Ward-1(2), Rajkot Road, Junagadh. Junagadh.

gain Rs.3,64,20,009/- Page 3 of 8 Asstt. Years 2009-10 4 6. The aggrieved assessee preferred an appeal to the learned CIT (A). The assessee before the learned CIT (A) again supported its stand based on valuation report obtained from the Government registered valuer. 7. However, the learned CIT (A) disregarded the contention of the assessee

ACIT, CIRCLE-1(1), RAJKOT, RAJKOT vs. GANDHI REALITY (INDIA) PRIVATE LIMITED, RAJKOT

In the result, the appeal of the Revenue is dismissed

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm

44,09,708/-, against the returned Loss of Rs. 16,34,80,379/-. The variation of Rs. 21,78,90,087/-, between returned Loss and assessed Income was attributable to the addition of Rs. 20,18,52,087/-, made on account of disallowance of claim of Depreciation on goodwill and Unexplained Cash Credit of Rs.1,60,38,000/-. Against

SHRI SACHIN MAROTRAO RANGARI,RAJKOT vs. THE ACIT CIR-1, GANDHIDHAM, GANDHIDHAM

In the result, the grounds raised by the Assessee is allowed and the appeal filed by the assessee is hereby allowed

capital gains and the A.O. was not put it to dispute. Further the assessee was of the bonafide belief that in case of shares, cash and commodity trading only the net result considering the profit or loss shall be considered I.T.A No. 106/Rjt/2021 A.Y. 2016-17 Page No 3 Sachin Marotrao Rangari vs. ACIT as turnover, as the assessee believed

M/S. SURENDRANAGAR DISTRICT CO-OP. MILK PRODUCERS UNION LTD. ,SURENDRANAGAR vs. THE DCIT, SURENDRANAGR CIRCLE,, SURENDRANAGAR

Appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No.262-263/Rjt/2018 ("नधा"रण वष" / Assessment Years: 2012-13 & 2013-14) बनाम/ M/S.Surendranagar District D.C.I.T, Co-Op. Milk Producers Surendranagar Circle, Vs. Union Ltd. Surendranagar. Wadhwan City, Surendranagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaas8375B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Jitender Kumar, Dr सुनवाई क" तार"ख / Date Of Hearing 17/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-7, Ahmedabad [Ld. Cit(A) In Short] Of Even Dated 12/01/2018, Arising In The Matter Of Assessment Order Passed Under 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 26/03/2015 Relevant To Assessment Years (A.Ys) 20012-13 & 2013-14. Ita Nos.262-263/Rjt/2018 A.Y.S 2012-13 To 2013-14 First, We Take Up Ita No. 262/Rjt/2018 For A.Y. 2013-14

capital gain as per the provisions of section 50C of the Act nor claimed the benefit of indexation as provided under section 48 of the Act. Therefore, the AO treated the same as business income of the assessee and made the addition to the total income. We further find that, there was no discussion in the order of the learned

THE ITO, WARD-2(2),, JAMNAGAR vs. SMT. SHITALBEN SAURABH VORA,, JAMNAGAR

Appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./I.T.A. No.262-263/Rjt/2018 ("नधा"रण वष" / Assessment Years: 2012-13 & 2013-14) बनाम/ M/S.Surendranagar District D.C.I.T, Co-Op. Milk Producers Surendranagar Circle, Vs. Union Ltd. Surendranagar. Wadhwan City, Surendranagar "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaas8375B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri Kalpesh Doshi, A.R ""यथ" क" ओर से/Respondent By : Shri Jitender Kumar, Dr सुनवाई क" तार"ख / Date Of Hearing 17/09/2019 घोषणा क" तार"ख /Date Of Pronouncement 20/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeals Have Been Filed At The Instance Of The Assessee Against The Separate Orders Of The Learned Commissioner Of Income Tax (Appeals)-7, Ahmedabad [Ld. Cit(A) In Short] Of Even Dated 12/01/2018, Arising In The Matter Of Assessment Order Passed Under 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 26/03/2015 Relevant To Assessment Years (A.Ys) 20012-13 & 2013-14. Ita Nos.262-263/Rjt/2018 A.Y.S 2012-13 To 2013-14 First, We Take Up Ita No. 262/Rjt/2018 For A.Y. 2013-14

capital gain as per the provisions of section 50C of the Act nor claimed the benefit of indexation as provided under section 48 of the Act. Therefore, the AO treated the same as business income of the assessee and made the addition to the total income. We further find that, there was no discussion in the order of the learned

SMT. KRUSHNABA PRAVINSINH JADEJA,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.572/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Krushnaba Pravinsinh Jadeja Vs. Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Course Ring Road, Rajkot-360 001 C.O. R.K. Shukla & Co., 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360 001 (Assessee) (Respondent) आयकर अपील सं./Ita No.577/Rjt/2015 (निर्धारण वर्ष / Assessment Year: 2012-13) Deputy Commissioner Of Income Tax, Circle-1(1), Rajkot, Aaykar Bhavan, Race Vs. Krushnaba Pravinsinh Jadeja, C.O. R.K. Shukla & Co., Course Ring Road, Rajkot-360 001 201, 2Nd Floor, Opera Tower, Jawahar Road, Rajkot-360001 (Assessee) (Respondent) Assessee By Respondent By Date Of Hearing Date Of Pronouncement : Shri D.M. Rindani, Ld. Ar : Shri Sanjay Punglia, Ld. Cit-Dr : 03/06/2025 : 30/07/2025 Per, Dr. A. L. Saini, Am: आदेश / Order Captioned Cross Appeals Filed By The Assessee & Revenue, Pertaining To Assessment Year (A.Y.) 2012-13, Are Directed Against The Common Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1 Rajkot, Which In Turn Arise, Out Of A Common Assessment Order, Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961, Vide Order Dated 17.02.2015.

section 68 of the Act." However, the Assessing Officer, rejected the above contention of the assessee and observed that assessee has failed to prove identity, Page | 14 ITA Nos.572&577/RJT/2015/AY.2012-13 Krushnaba Pravinsinh Jadeja genuineness and creditworthiness of the transactions, therefore, made addition of Rs. 83,00,000/- u/s. 68 of the Act. 24. On appeal, by the assessee

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. SMT. KRUSHNABA P. JADEJA,, RAJKOT-GUJARAT

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

section 68 of the Act."” 23. However, the Assessing Officer, rejected the above contention of the assessee and observed that assessee has failed to prove identity, ITA Nos.572&577/RJT/2015/AY.2012-13 Krushnaba Pravinsinh Jadeja genuineness and creditworthiness of the transactions, therefore, made addition of Rs. 83,00,000/- u/s. 68 of the Act. 24. On appeal, by the assessee

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

SHRI RAMA MEPA ODEDARA,PORBANDAR vs. THE INCOME TAX OFFICER, WARD-2(4),, PORBANDAR

In the result, Ground No. 2 of the assessee’s appeal is partly allowed

Bench: Us, The Counsel For The Assessee Submitted An Application For Condonation Of Delay & Argued That The Reason For Delay In Filing Appeal Before Itat Was That The Assessee Was Suffering From Spinal Injury & Was Advised Complete Bed Rest By The Doctors. In Support Of The Above Contention, The Assessee Also Filed Medical Certificate With Respect To The Injury Suffered

capital gain of Rs. 1.33 crores by way of sale of share of such company. 4.6 This was again affirmed by the Gujarat High Court in the case of Sanjay Baulal Surana [2021] 129 taxmann.com 375 (Gujarat). 4.7 In the instant set of facts, Ld. CIT(Appeals) has made the following observations in the appellate order, while upholding initiation

SARVANAND SADHURAM SONWANI ,RAJKOT vs. DCIT, CC-1, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.809 To 819/Rjt/2024 िनधा"रण वष"/ Assessment Year: (2012-13 To 2022-23) Sarvanand Sadhuram Sonwani, बनाम The Deputy Commissioner Of Income Tax,Central Circle-1, Vs. C/O. Jagdish Trading Co. Danapith, “Amruta Estate,” 2Nd Floor, Mg Rajkot-360001( Gujarat) Road,Rajkot 360001 "ायीलेखासं जीआइ आरसं /. /. Pan No.: Afbps0008N (अपीलाथ"/Assessee) .. (""थ"/Respondent) आयकर अपील सं/.Ita (Ss) No.23&24/Rjt/2024 िनधा"रण वष"/ Assessment Year: (2021-22 & 2022-23) The Deputy Commissioner Of Income बनाम Sarvanand Sadhuram Sonwani Tax,Central Circle-1, C/O. Jagdish Trading Co. Danapith, Vs. “Amruta Estate,” 2Nd Floor, Mg Road, Rajkot-360001(Gujarat) Rajkot 360001 "ायीलेखासं जीआइआरसं /. /. Pan No.: Afbps0008N (अपीलाथ"/Assessee) .. (""थ"/Respondent) आयकर अपील सं/.Ita No.791 To 796/Rjt/2024 िनधा"रण वष"/ Assessment Year: (2012-13 To 2013-14 & 2017-18 To 2020-21) The Deputy Commissioner Of Income बनाम Sarvanand Sadhuram Sonwani, Tax,Central Circle-1, C/O. Jagdish Trading Co. Danapith, Vs. “Amruta Estate,” 2Nd Floor, Mg Road, Rajkot-360001( Gujarat) Rajkot 360001 "ायीलेखासं जीआइआरसं /. /. Pan No.: Afbps0008N (अपीलाथ"/Assessee) .. (""थ"/Respondent)

section 143(3) of the Act. 2. Since, the issues involved in all the appeals are common and identical, therefore, these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the facts narrated in ITA No.793/RJT/2024, for assessment Year 2017-18, have been taken into consideration for deciding the above

SARVANAND SADHURAM SONWANI,RAJKOT vs. DCIT, CC-1, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.809 To 819/Rjt/2024 िनधा"रण वष"/ Assessment Year: (2012-13 To 2022-23) Sarvanand Sadhuram Sonwani, बनाम The Deputy Commissioner Of Income Tax,Central Circle-1, Vs. C/O. Jagdish Trading Co. Danapith, “Amruta Estate,” 2Nd Floor, Mg Rajkot-360001( Gujarat) Road,Rajkot 360001 "ायीलेखासं जीआइ आरसं /. /. Pan No.: Afbps0008N (अपीलाथ"/Assessee) .. (""थ"/Respondent) आयकर अपील सं/.Ita (Ss) No.23&24/Rjt/2024 िनधा"रण वष"/ Assessment Year: (2021-22 & 2022-23) The Deputy Commissioner Of Income बनाम Sarvanand Sadhuram Sonwani Tax,Central Circle-1, C/O. Jagdish Trading Co. Danapith, Vs. “Amruta Estate,” 2Nd Floor, Mg Road, Rajkot-360001(Gujarat) Rajkot 360001 "ायीलेखासं जीआइआरसं /. /. Pan No.: Afbps0008N (अपीलाथ"/Assessee) .. (""थ"/Respondent) आयकर अपील सं/.Ita No.791 To 796/Rjt/2024 िनधा"रण वष"/ Assessment Year: (2012-13 To 2013-14 & 2017-18 To 2020-21) The Deputy Commissioner Of Income बनाम Sarvanand Sadhuram Sonwani, Tax,Central Circle-1, C/O. Jagdish Trading Co. Danapith, Vs. “Amruta Estate,” 2Nd Floor, Mg Road, Rajkot-360001( Gujarat) Rajkot 360001 "ायीलेखासं जीआइआरसं /. /. Pan No.: Afbps0008N (अपीलाथ"/Assessee) .. (""थ"/Respondent)

section 143(3) of the Act. 2. Since, the issues involved in all the appeals are common and identical, therefore, these appeals have been heard together and are being disposed of by this consolidated order. For the sake of convenience, the facts narrated in ITA No.793/RJT/2024, for assessment Year 2017-18, have been taken into consideration for deciding the above