M/S FLAMINGO HOTELS PVT. LTD.,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1, GANDHIDHAM., GANDHIDHAM

In the result, the appeal of the assessee is dismissed with the above directions

Bench: Smt.Annapurna Gupta & Ms.Suchitra Raghunath Kambleassessment Year : 2010-11 M/S.Flamingo Hotels P.Ltd. Ito, Ward-1 Plot No.416 Gandhidham. Ward-2B Adipur-Kutch.

gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided in sections 54

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 gains u/s.46A of the Act. ITA Nos.779&780/RJT/2024/AYs.2011-12&2016-17 Bhikhalal Prahladrai Agarwal-HUF 25. During the assessment proceedings, the Assessing Officer issued the show-cause notice to the assessee, to explain the above transaction. In response to the notice of the Assessing Officer, the assessee submitted it’s written submission before the A.O. stating that as per section

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 gains u/s.46A of the Act. ITA Nos.779&780/RJT/2024/AYs.2011-12&2016-17 Bhikhalal Prahladrai Agarwal-HUF 25. During the assessment proceedings, the Assessing Officer issued the show-cause notice to the assessee, to explain the above transaction. In response to the notice of the Assessing Officer, the assessee submitted it’s written submission before the A.O. stating that as per section

DUSHYANT BHARATBHAI MEHTA,RAJKOT vs. ITO WD-(2)(1)(2) , RAJKOT

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

54 of the Act,\nthus, reducing the taxable capital gain to a nominal sum. It is further seen that,\nthe impugned land transferred by virtue of development agreement on which the\nassessee is liable for capital gains, was converted into stock in trade by the\nassessee on 04.02.2011 ( A.Y. 2011-12) and the assessee's computation of\nincome for assessment

SHRI AJAYBHAI ISHWARLAL GOGIA,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-1 (2) (5), RAJKOT

In the result, the assessee’s appeal is allowed

section 271(1)(c) of the Act. I.T.A No. 176/Rjt/2018 A.Y. 2011-12 Page No 2 Shri Ajaybhai I. Gogia vs. ITO 2. Without prejudice to ground no. 1, the levy of penalty @ Rs. 5,54,678/- is too heavy arbitrary and not warranted by the facts of the case.” 3. The brief facts of the case are that property

MANSUKHBHAI KANJIBHAI SAKARIYA,RAJKOT vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAJKOT-1, RAJKOT

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं/.Ita No.318/Rjt/2024 "नधा"रणवष"/ Assessment Year: 2016-17 Mansukhbhai Kanjibhai Sakariya The Pr.Commissioner Of बनाम At Khajuri Gundala Income Tax-1, Rajkot. Post Station: Vavdi Vs. Amarnagar, Khajuri Gundala. Pan : Aslps 7027 E (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Rajendra Singhal, Ld.Ar राज"वक"ओरसे/Revenue By : Shri Sanjay Punglia, Ld.Cit-Dr

capital gains tax under section 45 of the I.T. Act, the interest received undersection 28 of the Act of 1894 being an accretion to the value, would form part of the compensation and wouldbe exigible to tax under section 45(5) of the I.T. Act, whereas the interest received under section 34 of the Actof 1894 would be "interest" within

SMT. LILABEN BABUBHAI SAKHIYA,,RAJKOT-GUJARAT vs. THE PR. COMMR. OF INCOME TAX-1,, RAJKOT-GUJARAT

In the result, the appeal of the assessee is dismissed

Bench: Ms. Annapurna Gupta (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

section 45(3) of the Act. As per the working given by the assessee in the statement of total income, the land was acquired on 31-07-2008 for " 9,45,130/- and this capital asset was transferred on 02-04-2010 for a consideration of " 90 lakhs. A short-term capital gain of " 80,54

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)

capital gains tax under section 45 of the I.T. Act, the Page 9 of 19 Babubhai K. Sakaria interest received undersection 28 of the Act of 1894 being an accretion to the value, would form part of the compensation and would be exigible to tax under section 45(5) of the I.T. Act, whereas the interest received under section

SHRI BABUBHAI NARANBHAI SAKHIYA,,RAJKOT-GUJARAT vs. THE PR. COMMR. OF INCOME TAX-1,, RAJKOT-GUJARAT

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

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

gain was given wherein the I.T.A No. 144/Rjt/2016 A.Y. 2011-12 Page No 4 Shri Babubhai Naranbhai Sakhiya. Vs. PCIT date of transfer was specifically mentioned as 15.08.2010, no such submission is found in the assessment record. In the record there is no submission to prove that an entry was passed in the books of accounts of the assessee

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.

gain was given wherein the date of transfer was specifically mentioned as 15.08.2010, no such submission is found in the assessment record. In the record there is no submission to prove that an entry was passed in the books of accounts of the assessee's proprietary business on 15.08.2010 through which the land in question was converted into stock

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

54, Paras Society,\nRajkot, Opp. Nirmala School\nRoad, Near Paras Hall, Rajkot,\nGujrat-360001\nस्थायी लेखा सं./ G.I.R No.: AAMPH4579H\n(अपीलार्थी /Assessee)\n(प्रत्यर्थी /Respondent)\nनिर्धारिती की ओर से /Assessee by : Shri R.B. Shah, Ld. AR\nराजस्व की ओर से /Revenue by : Shri Sanjay Punglia, Ld. CIT(DR)\nसुनवाई की तारीख /Date of Hearing : 03/03/2025\nघोषणा की तारीख /Date

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)

54,20,000/- on which the assessee has shown long-term capital gains of " 51,83,487/-. However, during the course of assessment proceedings, the assessing officer observed that in the original return of income, the assessee had shown income of " 14,49,880/- but in the said return of income, the assessee had not declared the aforesaid capital gains

KANTABEN VAJUBHAI PAGHADAL,RAJKOT, GUJARAT vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No.552/Rjt/2025 "नधा"रणवष" / Assessment Year: (2016-17) (Hybrid Hearing) Kantaben Vajubhai Paghadal Vs. It-Office, New Aayakar At- Charan Samadhiyala, Bhawan, Jetpur – 360370(Gujarat) Rajkot - 360370 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cxmpp2962D (Appellant) (Respondent)

capital gains tax under section 45 of the I.T. Act, the interest received under section 28 of the Act of 1894 being an accretion to the value, would form part of the compensation and would be exigible to tax under section 45(5) of the I.T. Act, whereas the interest received under section 34 of the Act of 1894 would

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

capital gain scheme before purchase of the residential property before filing of the return of income under Section 139(1) of the Act. The case of the Revenue is this that the appellant is not entitled for ITA No. 194/Rjt/2019 (Smt. Kusumben A. Sanghavi vs. DCIT) A. Y. 2015-16 - 3- exemption under Section 54F of the Act, since

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)

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 (Rs 35,19,278) and deduction u/s 54B of the Act (Rs 27,13,863) resulting in capital loss of Rs 11,69,816/-. Further it is seen that you have sold

SHRI SHARAD M. KUMBHANI,AMRELI vs. THE PR. CIT-3, RAJKOT

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

Bench: The Sro, Rajula Vide Document No. 578/2014 On 07.04.2014 For A Sale Consideration Of Rs. 1,37,24,875/-. However, The Sro, Rajula Has Assessed/Valued The Said Land For Rs. 2,51,93,900/- As Per Jantry/Guideline Value & Stamp Duty. Therefore The Difference Between The Jantry Value & The Sale Consideration Is Of Rs. 1,14,69,025/- Should Be Added As Income As Per Section 50C Of The Act.

54, 54F etc. 8. The said section requires that the capital gain on sale of agricultural land should be utilized

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

capital gain.” 4. However, the benefit of basic exemption of Rs. 1,45,000/- has not been extended to the assessee. The Ld. CIT(A) while rejecting the claim of the assessee observed that the assessee was mandatorily required to file the return of income for the year under Smt. Ashaba Rajendrasinh Zala vs. CIT(A) Asst.Year – 2008-09 consideration

SHRI VIJAY JAMNADAS VINCHHI,JAMNAGAR vs. THE INCOME TAX OFFICER, WARD-2(5), JAMNAGAR

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

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

section 143(3) r.w.s. 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) relating to the Assessment Year (A.Y) 2010-11. I.T.A No. 309/Rjt/2019 A.Y. 2010-11 Page No 2 Shri Vijaybhai Jamnadas Vinchhi. vs. ITO 2. The Registry has noted that there is a delay of 58 days in filing the above appeal. The assessee