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

section 68 of the Act. In view of the above, we do not find any infirmity in the order of Ld. CIT (A). 23.8 Once the addition made by the AO has been treated by us, holding the loan transaction and share application transaction between the assessee and M/s RNG Finlease Pvt. Ltd, as genuine, the corresponding addition made

RADHE RENEWABLE ENERGY DEVELOPMENT PVT LTD,RAJKOT vs. THE PCIT, RAJKOT-1, RAJKOT, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

section 68 of the Act. In view of the above, we do not find any infirmity in the order of Ld. CIT (A). 23.8 Once the addition made by the AO has been treated by us, holding the loan transaction and share application transaction between the assessee and M/s RNG Finlease Pvt. Ltd, as genuine, the corresponding addition made

SHRI KANJIBHAI B. RANGANI,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-5(1), RAJKOT-GUJARAT

In the result, the appeal of the assessee is allowed

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyal

55,020/-. The then CIT (A)-IV, Rajkot vide order dtd. 13-09-2012 has confirmed the addition of Rs. 36,34,125/- on account of capita! gain on sale of plot of land. However, he allowed deduction of Rs. 19,30,320/- in the short term capital gain as cost of improvement being amount of premium paid for conversion

MISS PARI ANIL GANDHI, RAJKOT,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

Gain of Rs. 1,32,35,925/-.\nThe ld PCIT observed that the assessee is only emphasizing on the\ndocumentation, banking channels and having satisfied the conditions for\nclaiming the exemption under section 10(38) of the Income tax Act, 1961.\nThe ld PCIT divided the transactions in three parts, viz:(1) Purchase, (2)\nHolding period, and (3) Sale

LATE SMT. PRITI A. GANDHI L/R. SHRI ANILBHAI A. GANDHI, RAJKOT,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

Gain of Rs. 1,32,35,925/-.\nThe ld PCIT observed that the assessee is only emphasizing on the\ndocumentation, banking channels and having satisfied the conditions for\nclaiming the exemption under section 10(38) of the Income tax Act, 1961.\nThe ld PCIT divided the transactions in three parts, viz:(1) Purchase, (2)\nHolding period, and (3) Sale

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

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

55(2), and relied on Section 49(1)(e). However, the Court emphasized that Section 47 excludes the transfer of a capital asset in an approved scheme of amalgamation. The Court also highlighted that the provisions referred to by the assessee are in a Chapter related to "Capital Gains

SMT.AMARBAI DHANJI JADAVA,,BHUJ-KUTCH. vs. INCOME TAX OFFICER(INTER.TAXA.),, GANDHIDHAM.

In the result, both the appeals of the appellants are allowed partly

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble"नधा"रण वष"/ Asstt. Year: 2012-13 Smt.Amarbhai Dhanji Jadav Ito, International Taxation Gandhidham. C/O. Shri Nanji Kalyanji Vekariya Vs. Upalo Vas, Village-Baldiya Tal. Bhuj-Kutch 370 001. "नधा"रण वष"/ Asstt. Year: 2012-13 Shri Mavji Dhanji Jadva Ito, International Taxation Gandhidham. C/O. Shri Nanji Kalyanji Vekariya Vs. Upalo Vas, Village-Baldiya Tal. Bhuj-Kutch 370 001. (Applicant) (Responent) Assessee By : Shri M.J. Ranpura, Ar Revenue By : Shri Anil Kumar Das, Dr सुनवाई क" तार"ख/Date Of Hearing : 18/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 20/09/2019 आदेश/O R D E R Per Rajpal Yadav: Assessees Are In Appeals Before The Tribunal Against Separate Orders Of The Ld.Cit(A)-13, Ahmedabad Dated 30.1.2017 Passed On The Respective Appeals Of The Assessees For Assessment Years 2012-13. 2. Assessees Are Mother & Son & Issue Involved In Both Appeals Relates To Computation Of Long Term Capital Gain Required To Be Determined In The

55,751/- construction in F.Y.2001-02 15,74,331/- Net Long Term Capital Gain Rs.23,05,719/- 6. This exercise lead to an addition of Rs.23,05,719/- in the respective hands of the appellants. Appeal to the CIT(A) did not bring any relief to the assessee. 7. With the assistance of the ld.representatives, we have gone through the record

MAVJI DHANJI JADVA,,BHUJ-KUTCH vs. INCOME TAX OFFICER, INTER.TAXA.,, GANDHIDHAM

In the result, both the appeals of the appellants are allowed partly

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble"नधा"रण वष"/ Asstt. Year: 2012-13 Smt.Amarbhai Dhanji Jadav Ito, International Taxation Gandhidham. C/O. Shri Nanji Kalyanji Vekariya Vs. Upalo Vas, Village-Baldiya Tal. Bhuj-Kutch 370 001. "नधा"रण वष"/ Asstt. Year: 2012-13 Shri Mavji Dhanji Jadva Ito, International Taxation Gandhidham. C/O. Shri Nanji Kalyanji Vekariya Vs. Upalo Vas, Village-Baldiya Tal. Bhuj-Kutch 370 001. (Applicant) (Responent) Assessee By : Shri M.J. Ranpura, Ar Revenue By : Shri Anil Kumar Das, Dr सुनवाई क" तार"ख/Date Of Hearing : 18/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 20/09/2019 आदेश/O R D E R Per Rajpal Yadav: Assessees Are In Appeals Before The Tribunal Against Separate Orders Of The Ld.Cit(A)-13, Ahmedabad Dated 30.1.2017 Passed On The Respective Appeals Of The Assessees For Assessment Years 2012-13. 2. Assessees Are Mother & Son & Issue Involved In Both Appeals Relates To Computation Of Long Term Capital Gain Required To Be Determined In The

55,751/- construction in F.Y.2001-02 15,74,331/- Net Long Term Capital Gain Rs.23,05,719/- 6. This exercise lead to an addition of Rs.23,05,719/- in the respective hands of the appellants. Appeal to the CIT(A) did not bring any relief to the assessee. 7. With the assistance of the ld.representatives, we have gone through the record

VISHAL NAVINCHANDRA SHAH,JAMNAGAR vs. OFFICE OF THE COMMISSIONER OF INCOME TAX, APPEAL, BHUBANESWAR

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

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

55,15,000/-, which led the Assessing Officer to invoke Section 50C and make an addition of Rs. 23,26,000/- to Long Term Capital Gain

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

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 NITINBHAI T. BHUPTANI, L.I.C,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-4,, RAJKOT-GUJARAT

In the result appeals of the assessee are partly allowed

Bench: Shri Pramod Kumar, Accountatn Member & Shri Rajpal Yadavआयकर अपील सं./ Ita No. 13/Rjt/2016 & 14/Rjt/2016 & 182/Rjt/2017 "नधा"रण वष"/Asstt. Year: 2010-2011, 2011-12 & 2012-13

55,000/- and 10% of such bonus ought to be considered as reimbursement of the expenditure incurred by the assessee for procuring the business in the capacity of a Senior Business Associate. The Assessing Officer observed that the additional incentive bonus received by the assessee would be treated as a salary income and assessee cannot claim any deduction against salary

THE ACIT, CIRCLE-2,, JAMNAGAR vs. M/S. DEEP RECYCLOING INDUSTRIES,, JAMNAGAR

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

gains incorporated in sub-section (4), the assessee is entitled to the benefit of exemption of the said amount as contemplated under section 10B of the Act. Therefore, the Tribunal was justified in extending the benefit to the aforesaid amounts. [Para 8] In the result, the revenue's appeal is dismissed. From the above judgment, we note that the provisions

THE DY. COMMR. OF INCOME TAX, CIRCLE-1,, JAMNAGAR vs. M/S. DEEP RECYCLING IND.,, JAMNAGAR

In the result, both the appeals filed by the Revenue are dismissed

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

gains incorporated in sub-section (4), the assessee is entitled to the benefit of exemption of the said amount as contemplated under section 10B of the Act. Therefore, the Tribunal was justified in extending the benefit to the aforesaid amounts. [Para 8] In the result, the revenue's appeal is dismissed. From the above judgment, we note that the provisions

SMT. SHEETAL RASHMIN PATEL,AHMEDABAD vs. THE I. T. O. WARD-2, GANDHIDHAM, GANDHIDHAM

In the result, the appeal of the assessee is allowed, for statistical\npurposes

55(2)(b)(i) of the Act. Total income of the assessee is\ndetermined as under\nIncome from other sources:\nWinning amount of television contest\ngame as discussed above In para.5\nRs. 14,00,030/-\nShort term capital gain as worked\nout as above in para 6.\nRs. 4,16,746/-\nTotal income.\ni.e

THE ITO WARD-1 (2) (1),, RAJKOT vs. SHRI KHRAJMAL LEKHRAJBHAI THAVRANI, RAJKOT

55(1), New Delhi is directly applicable to the facts of the case where it\nwas held that \"In terms of Section 124(3)(b) Jurisdiction of an Assessing Officer cannot be\ncalled in question by an assessee after expiry of one month from the date on which he was\nserved with a notice for reopening assessment under section