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

46A of the Act. on account of long-term 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

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

46A. The contention that compensation was paid to tenants out of sale consideration is rejected as no evidence has been adduced. Having held that the assessee is liable for capital gains in respect of the said transaction, it is found that the computation of capital gain by the AO is erroneous as the Capital Gains should have been computed

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 No. 268/Rjt/2017 A.Y. 2008-09 Page No 3 Shri Ramesh Ramji Dodiya vs. ITO 4. The assessee filed appeal before Ld. CIT(Appeals), who dismissed the appeal of the assessee. The Ld. CIT(Appeals) observed that during the course

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

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

KANTABEN RAMNIKLAL NAGDA,JAMNAGAR vs. ITO, WARD 2(6), JAMNAGAR, JAMNAGAR

In the result, both appeals filed by the assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita Nos.39/Rjt/2025 ("नधा"रणवष" / Assessment Years: (2014-15) Kantaben Ramniklal Nagda Vs. Ito, Wd- 2(6), Jamnagar Flat No. 603, K D Tower, Oswal Aayakar Bhavan, Nr. Subhash Bridge, Colony, Jamnagar Rajkot Highway, Jamnagar-361004 Jamnagar - 361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agtpn7366D (Assessee) (Respondent)

Gain of Rs. 16,80,923/- by Ld. AO by denying the cost of improvement for want of necessary supporting documents. 4. Hon'ble CIT (Appeals) erred in law by confirming addition u/s 50C for substituting Jantri value of assets which is higher than actual sale price without considering the fact that the land is not a capital asset. Hence

JITESHBHAI RAMNIKLAL NAGADA,JAMNAGAR vs. ITO, WARD 2(6), JAMNAGAR, JAMNAGAR

In the result, both appeals filed by the assessees, are allowed for statistical purposes

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita Nos.39/Rjt/2025 ("नधा"रणवष" / Assessment Years: (2014-15) Kantaben Ramniklal Nagda Vs. Ito, Wd- 2(6), Jamnagar Flat No. 603, K D Tower, Oswal Aayakar Bhavan, Nr. Subhash Bridge, Colony, Jamnagar Rajkot Highway, Jamnagar-361004 Jamnagar - 361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agtpn7366D (Assessee) (Respondent)

Gain of Rs. 16,80,923/- by Ld. AO by denying the cost of improvement for want of necessary supporting documents. 4. Hon'ble CIT (Appeals) erred in law by confirming addition u/s 50C for substituting Jantri value of assets which is higher than actual sale price without considering the fact that the land is not a capital asset. Hence

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

Gain on entire receipt. 10. Thus, the Income considered by the Ld. A.O. is not at all justified and the same may be deleted. 11. The Appellant craves leave to add, alter, rescind or amend any of the Grounds and submission of further additional documents.” 3. At the outset, we observe that the appeal is time-barred by 405 days

BHANUBHAI D. SHIYAL,RAJKOT vs. INCOME TAX OFFICER, WARD-1, , MORBI

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

Bench: Smt. Annapurna Gupta & Shri T. R. Senthil Kumar

gains of business and from other sources. For the A.Y. 2012-13 the assessee filed its return of income on 31.03.2014 declaring total income of Rs. 1,79,130/-. Shri Bhanibhai D. Shiyal vs. ITO Asst.Year – 2012-13 3. During the assessment proceeding on the basis of AIR information the assessee has purchased two agricultural lands