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

Long- Term Capital Gain (in short “LTCG”) and entire details ITA Nos.779&780/RJT/2024/AYs.2011-12&2016-17 Bhikhalal Prahladrai Agarwal-HUF were submitted which are in the Paper Book at Page No. 3, -16. The Ld. Counsel also explained that the transactions were through banking channel, STT was paid and relevant invoices/bills and other explanation were submitted before the assessing officer

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

long term capital gain of Rs.1,32,35,925/-, has been shown\nfrom sale of 12,72,000 shares of Atlanta Infra& Finance Limited, with\nscript code 530479 (formerly known as Kadavani Securities Limited) and\nthe same has been claimed as exempt from tax u/s 10(38) of the Income-\ntax Act. This claim of the assessee has been allowed

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

long term capital gain of Rs.1,32,35,925/-, has been shown\nfrom sale of 12,72,000 shares of Atlanta Infra& Finance Limited, with\nscript code 530479 (formerly known as Kadavani Securities Limited) and\nthe same has been claimed as exempt from tax u/s 10(38) of the Income-\ntax Act. This claim of the assessee has been allowed

SMT. JANKI KISHAN HINGORANI,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, the appeal of the Assessee is dismissed

Bench: Smt. Annapurna Gupta & Shri T.R. Senthil Kumar(Conducted Through Virtual Court) Assessment Year: 2015-16 Smt.Janki Kishan Hingorani The Pr.Cit 6/7, Subham Complex Rajkot-1 Royal Park, University Road बनाम/ Rajkot Rajkot – 380 006 Vs. Gujarat (Appellant ) ( Respondent ) Pan: Pan : Aahph 4774M Assessee By Ms.Amrin Pathan, Ld.Ar Revenue By Shri Shramdeep Sinha, Ld.Cit(Dr) Date Of Hearing 06/12/2023 Date Of Pronouncement 15/12/2023

property of Rs.65,49,413/- and amount deposited in capital gain account with Bank of Baroda of Rs.45 lakhs.1. The Ld.PCIT noted that exemption u/s.54 of the Act is allowed only against capital gain earned from transfer of Long Term Capital Asset being building or land appurtenant and being a residential house

BABUBHAI KANJIBHAI SAKARIYA LEGAL HEIR OF LATE SMT. UJIBEN KANJIBHAI SAKARIYA,JETPUR vs. ITO WARD 1(2)(1), RAJKOT, RAJKOT

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

long-term capital gain exemption under section 10(38),\nsince there was no evidence available on record suggesting that assessee or his\nbroker was involved in rigging up of price of script of SNCFL, addition on account\nof LTCG claimed as exempt under section 10(38) had rightly been deleted\"\n(ii)\nChampalal Gopiram Agarwal, [2023] 155 taxmann.com 66 (Gujarat

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

House, M.G. Vs Rajkot (Respondent) Road, Rajkot PAN: ABFPG8977N (Appellant) Assessee by: Shri R. D. Lalchandani, A.R. Revenue by: Shri Rajesh Kumar, CIT-D.R. Date of hearing : 08-03-2022 Date of pronouncement : 18-04-2022 आदेश/ORDER PER : SIDDHARTHA NAUTIYAL, JUDICIAL MEMBER:- This assessee’s appeal for A.Y. 2011-12, arises from order

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

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

long term capital gain and thereby, disallowing claim of\nexemption u/s 54F of the Act made by the assessee.\n(2) The Learned CIT(A) has erred in upholding the finding of the assessing officer that\nclaim of deduction u/s 54F of the Act, in any case, is excessive by Rs. 14,84,766/-.\n(3). The Learned

SMT. MEENABEN KETANKUMAR MAKIM,JAMNAGAR vs. THE PR, CIT, JAMNAGAR, JAMNAGAR

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

Bench: Shri Waseem Ahmed & Shri T.R Senthil Kumar

capital gain of Rs.18,81,843/- on sale of 'Lifeline Drugs & Pharma Ltd and "TVS Motors” equity shares and which was claimed excempt u/s.10(38) of the Act in the return of income. It is found that the AO has not is found that the AO has not issued any specific queries on the issue on which the case

SHRI TULSHIBHAI POLABHAI SAKARIYA,RAJKOT vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, appeal filed by assessee is allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकरअपीलसं./Ita No. 93/Rjt/2021 िनधा"रणवष" िनधा"रणवष"/Asstt. Year:2015-16 िनधा"रणवष" िनधा"रणवष" Shri Tulsibhai Polabhai Sakariya Vs. The Pr. C.I.T, 2-Bombay Housing Society, Rajkot-1, Meghdhara, University Road, Rajkot. Opp. G. K. Dholakiya, Rajkot

property before 01/04/1981 so we have receive a valuation report from approved valuer for value as on 01/04/1981 for claiming a cost of acquisition, 3. In our IT Return for AY 2015-16 we have disclosed Long Term Capital Gain of Rs. 56,32,566/-, we herewith attached Calculation of this capital gain in Computation of Income

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

House Property, Capital Gains and Other Sources. The Appellant e-Filed Return of Income for A.Y. 2013-14 on 29.09.2013 declaring income of Rs. 15, 15,940/-. Appellants case was selected for Assessment Proceedings under Section 143(3) for A.Y. 2013-14. During the Course of Assessment, Learned Assessing Officer came to know that the appellant had sold two properties

SHRI DHIRAJLAL BHANJIBHAI VADALIA,,RAJKOT-GUJARAT vs. THE COMMISSIONER OF INCOME TAX-I,, RAJKOT-GUJARAT

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year : 2009-10 Shri Dhirajlal Bhanjibhai Vadalia Cit-1, 1St Floor, Sterling Appts., Vs Rajkot. Jawahar Road, Rajkot.

long term capital gain of Rs.2,94,27,541/-. The assessee claimed deduction of Rs.1,35,30,171/- under section 54F of the Act on account of construction of a new residential property from the sale of the above land. The assessee also claimed deduction of Rs.1,58,97,370/- under section 54B on account of purchase of new agricultural

THE INCOME TAX OFFICER, WARD-1(2) (5), , RAJKOT vs. SHRI DHIRAJLAL BHANJIBHAI VADALIA, RAJKOT

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year : 2009-10 Shri Dhirajlal Bhanjibhai Vadalia Cit-1, 1St Floor, Sterling Appts., Vs Rajkot. Jawahar Road, Rajkot.

long term capital gain of Rs.2,94,27,541/-. The assessee claimed deduction of Rs.1,35,30,171/- under section 54F of the Act on account of construction of a new residential property from the sale of the above land. The assessee also claimed deduction of Rs.1,58,97,370/- under section 54B on account of purchase of new agricultural

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

long term capital gain out of that was also offered to tax by filing the original return. Within one year of such sale of property, the appellant purchased the residential house

SHRI HARESH JADAVJI GHADIA,RAJKOT vs. THE INCOME TAX OFFICER, WARD-5(1),, RAJKOT

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

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2006-07

long term capital gain (LTCG) of Rs.91,720/- and the same was filed on 27.09.2006. The Assessing Officer made observation that during the F.Y. 2005-06 the assessee sold house property

ACIT, CIRCLE-1(1), RAJKOT, RAJKOT vs. KHODIDAS GANESHBHAI SAKARIYA, RAJKOT

In the result, the appeal is allowed

Bench: Dr. Arjun Lal Saini, Am. & Dinesh Mohan Sinha, Jm आयकर अपील सं./Ita No. 23/Rjt/2024 ("नधा"रण वष" / Assessment Year: (2015-16) (Hybrid Hearing) Assistant Commissioner Of Income Vs. Khodidas Ganeshbhai Sakariya Tax, Circle – 1(1), Street No. 2, “Bhumi Krupa”, Room No. 502, Aayakar Bhavan, University Road, Bombay Race Course Ring Road, Housing Society, Rajkot – 360001 Rajkot - 360005 Gujarat Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aiapp6533D (Appellant) (Respondent) Appellant By : Shri Sanjay Punglia, Ld. Cit (Dr) Respondent By : Shri Mehul Ranpura, Ld. Ar Date Of Hearing : 04 /11 /2024 Date Of Pronouncement : 03 / 02 /2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm: Captioned Appeal Filed By The Assessee Is Directed Against The Order Passed By The National Faceless Appeal Centre [(In Short “Nfac/Ld. Cit(A)”] Vide Order Dated 10.11.2023, Which In Turn Assessment Order Passed U/S. 144 R.W.S. 263 Vide Order Dated 30.03.2022 By Assessment Unit, Income Tax Department / Assessing Officer Of The Income Tax Act, 1961 (In Short “The Act”) 2. Grounds Of Appeal Raised By The Revenue Are As Follows: 1) The Learned Cit(A) Has Erred In Law & On Facts In Quashing Order U/S. 144 R.W.S. 263 Of The Act Dated 30.03.2022 When Departmental Appeal Against The Order Of The

Housing Society, Rajkot – 360001 Rajkot - 360005 Gujarat Gujarat "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AIAPP6533D (Appellant) (Respondent) Appellant by : Shri Sanjay Punglia, Ld. CIT (DR) Respondent by : Shri Mehul Ranpura, Ld. AR Date of Hearing : 04 /11 /2024 Date of Pronouncement : 03 / 02 /2025 आदेश / O R D E R PER DINESH MOHAN SINHA, JM: Captioned appeal filed by the assessee

SHRI JAY ATULBHAI MODY ,RAJKOT vs. THE INCOME TAX OFFICER, WARD-2 (2) (3),, RAJKOT

In the result appeal of the assessee is hereby partly allowed

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed, आयकर अपील सं./Ita No. 240/Rjt/2017 िनधा"रण वष"/Asstt. Years: 2007-2008 Shri Jay Atulbhai Mody, I.T.O., “Pankaj”, Jalaram-3, Vs. Ward-2(2)(3), Street No.2, Rajkot. Near Indira Circle, University Road, Rajkot.

long ago and his whereabouts is not known and requested to extended some time to collect the information relevant to the proceedings. However, the AO without considering the aforesaid fact framed the assessment under section 144 r.w.s. 147 of the Act which is invalid as the same is based on illegal service of notice. 6.1 On merit the assessee submitted

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

long as the source is satisfactorily explained. By no means the Setakat (agreement) in question can be said to be legally invalid. Therefore, we find that Assessing Officer has simply concluded only on the basis of suspicion/doubt, not on the basis of any cogent material available with him, hence, we are not inclined to accept the contention of the Assessing

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

long as the source is satisfactorily explained. By no means the Setakat\n(agreement) in question can be said to be legally invalid. Therefore, we find\nthat Assessing Officer has simply concluded only on the basis of\nsuspicion/doubt, not on the basis of any cogent material available with him,\nhence, we are not inclined to accept the contention

SEABIRD MARINE SERVICES PRIVATE LIMITED,JAMNAGAR vs. ACIT, CIRCLE - 1, JAMNAGAR, JAMANGAR

In the result, ground No.4 raised by the assessee is allowed

house Property instead of business income and considering\nthe same as not eligible for computing deduction u/s 801A though the Rent Income has\ndirect nexus with the 80IA eligible business activity of the assessee, being income\nderived from the business and further issue is covered in favour of assessee by the\ndecision of Rajkot bench in assessee's case