ASHWINBHAI CHUNILAL BHAYANI,,OKHA vs. INCOME TAX OFFICER, WARD-1(4),, DWARKA

In the result, both appeals of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Amarjit Singhआयकर अपील सं./ Ita.No.363/Rjt/2017 "नधा"रण वष"/ Asstt. Year: 2013-14 Anilbhai Chunilal Bhayani Ito, Ward-1(4) C/O. J.C. & Co., Dwarka. Vs Okha Port, Okha – 361 350. Pan : Abvpb 6284 D

house property income. 14. As far as facts in other case is concerned, they are same, therefore, identical treatment be made in the case of Ashwin Chunilal Bhayani. 15. Ground No.3 in ITA No.363/RJT/2017: 16. In the written submissions filed before us, the assessee has explained facts and circumstances. We take note of these submissions as under: “Ground

BHARATBHAI NARSHIBHAI PATEL,,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2,, RAJKOT-GUJARAT

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

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.47/Rjt/2014 ("नधा"रण वष"/Assessment Year : 2009-10) Bharatbhai Narsibhai Patel The Acit बनाम/ Prop Of M/S.Pushpam Circle-2 Vs. Creation Rajkot Mehul Textile Nagar Sant Kabir Road, Rajkot "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adppp 6615 C .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : None ""यथ" क" ओर से/Respondent By: Shri Pravin Verma, Sr.Dr

house property from the side of the wife of the assessee. Accordingly, we are of the view that this fact needs to be verified by the authorities below. Accordingly, we are inclined to restore this issue to the file of AO for the limited verification of the fact whether there were any contributions in the investment in residential property

SOPAN DEVELOPERS,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 Nautiyalआयकर अपील सं./I.T.A. No.96/Rjt/2022 ("नधा"रण वष" / Assessment Year 2017-18)

house property on notional basis under section 22 read with section 23 of the Act but the assessee has not done so. According to the Ld. PCIT, this fact was not verified by the AO during the assessment proceedings. Accordingly, the Ld.PCIT initiated the proceedings under section 263 of the Act vide show cause notice dated 13 January

M/S CHANDRAKANT H. KAKKAD,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-4(2),, RAJKOT-GUJARAT

In the result, this ground of the assessee’s appeal is allowed

15 taxmann.com 146 (Punjab & Haryana), the High Court held that due date for furnishing return of income as per section 139(1) is subject to extended period provided under sub-section (4) of section 139 and, if a person had not furnished return of previous year within time allowed under sub-section (1), assessee could file return under sub-section

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

15. Ld. counsel for the assessee at the outset contended that this issue was considered by the ITAT in A.Y. 2008-09 and Tribunal has set aside to the issue to the file of Assessing Officer with a direction to take the ALV of the property equivalent to the vale determined by municipal corporation for the purpose of municipal taxes

THE INCOME TAX OFFICER-WARD-2, , GANDHIDHAM - KUTCH vs. M/S. RIDDHI SIDDHI JEWELLERS, GANDHIDHAM - KUTCH

In the result, appeal of the Revenue isdismissed

Bench: Smt.Annapurna Gupta & Smt. Madhumita Royassessment Year :2014-15 Ito, Ward-2 Vs. M/S.Riddhi Siddhi Jewellers Gandhidham. Shop No.1, Plot No.68 Bba (Sough) Gandhidham-Kutch. 0 अपीलाथ"/ (Appellant) "" यथ"/(Respondent) Assessee By : Shri D.M. Rindani, Ar Revenue By : Shri B.D. Gupta, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 11/04/2023 घोषणा क" तार"ख /Date Of Pronouncement: 05/07/2023

house property', (iii) 'profits and gains from business or profession', (iv) 'capital gains' and (v) 'income from other sources' - cannot at all be adjusted against unexplained investment or expenditure. What is necessary as per Hon. Gujarat High Court is that source of acquisition of asset or expenditure should be clearly identifiable. In the case before Hon. Gujarat High Court

PANKAJ CHIMANLAL LODHIYA,RAJKOT vs. THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

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

15. During the penalty proceedings, the assessee submitted following return submission before the assessing officer, which is reproduced below: "11. Further, as regard the proposal to levy penalty on addition made of Rs. 1,80,000/-. On account of deemed rent from house property, it is to submit that during the course of assessment proceedings, I had suo-moto offered

PANKAJKUMAR CHIMANLAL LODHIYA,RAJKOT vs. THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.76 To 80/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2008-09 To 2012-13 & आयकर अपीलसं/.Ita No. 81/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2014-15 Shri Pankaj Chimanlal Lodhiya 3Rd Floor, Parth, Diwanpara Main Road, Rajkot-3600 001 Pan: Aampl 3903 F (अपीलार्थी/Assessee) बनाम Vs. Assistant Commissioner Of Income-Tax, Central Circle-2 Rajkot, 2Nd Floor, Amruta Estate, M.G. Rad, Rajkot-360 001 (प्रत्यर्थी/Respondent) निर्धारिती की ओर से/Assessee By : Shri Mehul Ranpura, Ar राजस्व की ओर से/Revenue By : Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement : 05/03/2025 : 30/04/2025 Order Per Bench, Captioned Six Appeals Filed By The Assessee, Pertaining To The Assessment Years (Ays) 2008-09 To 2012-13 & Ay 2014-15, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), (“Ld.Cit(A)” For Short) Under Section 250 Of The Income Tax Act, 1961 (“The Act" For Short), Which In Turn Arise Out Of Separate Penalty Orders, Passed By The Assessing Officer U/S 271(1)(C) & 271Aab(1)(C) Of The Act.

15. During the penalty proceedings, the assessee submitted following return submission before the assessing officer, which is reproduced below: “11. Further, as regard the proposal to levy penalty on addition made of Rs. 1,80,000/-. On account of deemed rent from house property, it is to submit that during the course of assessment proceedings, I had suo-moto offered

PANKAJKUMAR CHIMANLAL LODHIYA,RAJKOT vs. THE ACTIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं/.Ita No.76 To 80/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2008-09 To 2012-13 & आयकर अपीलसं/.Ita No. 81/Rjt/2022 निर्धारणवर्ष /Assessment Year: 2014-15 Shri Pankaj Chimanlal Lodhiya 3Rd Floor, Parth, Diwanpara Main Road, Rajkot-3600 001 Pan: Aampl 3903 F (अपीलार्थी/Assessee) निर्धारिती की ओर से/Assessee By : Shri Mehul Ranpura, Ar राजस्व की ओर से/Revenue By : Shri Sanjay Punglia, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 05/03/2025 घोषणा की तारीख/Date Of Pronouncement : 30/04/2025 Order Per Bench, Captioned Six Appeals Filed By The Assessee, Pertaining To The Assessment Years (Ays) 2008-09 To 2012-13 & Ay 2014-15, Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), (“Ld.Cit(A)” For Short) Under Section 250 Of The Income Tax Act, 1961 (“The Act" For Short), Which In Turn Arise Out Of Separate Penalty Orders, Passed By The Assessing Officer U/S 271(1)(C) & 271Aab(1)(C) Of The Act.

15. During the penalty proceedings, the assessee submitted following return submission before the assessing officer, which is reproduced below: "11. Further, as regard the proposal to levy penalty on addition made of Rs. 1,80,000/-. On account of deemed rent from house property, it is to submit that during the course of assessment proceedings, I had suo-moto offered

PANKAJKUMAR CHIMANLAL LODHIYA,RAKJOT vs. THE ACIT, CENTRAL CIRCLE-2, RAJKOT, RAJKOT

section 271(1) (C), of the Act, to the tune of\nRs.35,55,728/-\n14.\nIssue No.2- Deemed rent of more than one properties reflected in the\nBalance Sheet, Rs.1,80,000/-. During the course of assessment proceedings, on\nverification of the audited accounts filed by the assessee, along with return of\nincome, it was noticed by the assessing officer

JITENDRASINH ZALA,JAMNAGAR vs. THE PR.COMMISSIONER OF INCOME TAX, JAMNAGAR

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

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

house property loss, in this respect you are requested to submit the loan details and the payment made by you during F.Y. 2019-20. In absence of any substantial evidence, the same will be considered your income and according will be added. Hence, you are requested to show cause why the total receipts/ payment

ASHOK GONDHIA MEMORIAL TRUST,RAJKOT vs. THE ITO EXEMPTION, WARD -1, RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

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

House Dictionary means -(1) alleviation, ease, or deliverance I through the removal of pain, distress, oppression etc. (2) a means or thing that relieves pain, distress, anxiety etc (3) money, food or other help given to those in poverty or need. Section 2(15) merely uses the term relief and the said term is qualified only by the purpose

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

SHILPA ROHIT THAKKAR,,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER, WARD-3(4),, RAJKOT-GUJARAT

In the result, the appeal raised by the assessee is partly allowed for statistical purposes

Bench: Shri Mahavir Prasad & Shri Waseem Ahmedआयकर अपील सं./Ita No.403/Rjt/2013 ("नधा"रण वष"/Assessment Year : 009-10) Smt.Shilpa Rohit Thakkar The Income Tax बनाम/ 702, Guruprasad Appt. Officer Vs. B/H. Shiv Ice Cream Ward-3(4) Race Course Ring Road Rajkot Rajkot "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabpt 2819 H .. (अपीलाथ"/Appellant) (""यथ" / Respondent) अपीलाथ" ओर से/ Appellant By : Shri Vimal Desai, Ar ""यथ" क" ओर से/Respondent By: Shri Praveen Verma, Sr.Dr

property which is placed on page No.16 of the paper-book. 15. On the other hand, the Ld.DR submitted that the construction of one room could not be regarded as the construction of the house. Accordingly, the Ld.DR vehemently supported the orders of the authorities below. 16. We have heard the rival contentions and perused the materials available on record

PRANAM ENTERPRISE,JUNAGADH vs. DCIT, CIRCLE-1(1), RAJKOT, RAJKOT

In the result, the appeal of the assessee is allowed

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.391/Rjt/2024 Assessment Year: (2017-18) (Hybrid Hearing) Pranam Enterprise Vs. The Dcit Office No.3, City Centre, Opp. Circle-1(1), Rajkot New Collector Office, Junagadh – 362001, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaffp7926H (Assessee) (Respondent) Assessee By Shri Mehul Ranpura, Ar Respondent By Shri Abhimanyu Singh Yadav, Sr.Dr Date Of Hearing 18/12/2024 Date Of Pronouncement 06/03/2025 आदेश / O R D E R Per Dr. A. L. Saini, Am:

housing projects in order to avail excess deduction of Section 80IB(10) of the Act.In itself, such a claim is a misrepresentation of facts which would have succeeded but for selection of case in scrutiny and detection thereof in assessment. The Ld. CIT(A) was of the view that misrepresentation has led to underreporting of income, therefore, ld.CIT(A), confirmed

PRAMUKH ARANYA DEVELOPERS,JUNAGADH vs. PR. CIT, RAJKOT-1, RAJKOT, RAJKOT

In the result, the appeal of the assessee (in ITA No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No.372 /Rjt/2024 (निर्धारण वर्ष/Assessment Year: (2018-19) M/S. Pramukh Aranya Developers Office No. 5, First Floor, Cit Centre, Opp. New Collector Officer, B/H. Sardar Baug, Junagadh - 362001 The Pr. Cit-1, Vs. Aayakar Bhawan, Race Course Ring Road, Rajkot - 360001 स्थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaofp3393F (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) निर्धारिती की ओर से/Appellant By राजस्व की प्रत्यर्थी ओर से/Respondent By : Shri Mehul Ranpura, Ld. Ar : Shri Sanjay Punglia, Ld.Cit (Dr) सुनवाई की तारीख / Date Of Hearing घोषणा की तारीख/Date Of Pronouncement Per Dr. A. L. Saini, Am: : 04/02/2025 : 28/04/2025 आदेश / Order By Way Of This Appeal, The Assessee Has Challenged The Correctness Of The Order Dated 30.03.2024, Passed By The Learned Principal Commissioner Of Income- Tax (In Short “Ld Pcit"), Under Section 263 Of The Income-Tax Act, 1961 (Hereinafter Referred To As 'The Act'), For The Assessment Year2018-19.Grievances Raised By The Assessee, Which, Being Interconnected, Will Be Taken Up Together, Are As Follows: M/S. Pramukh Aranya Developers V. Pcit

House Property" u/s.22 r.w.s.23 of the Act, which has resulted into under assessment,as per learned PCIT, to the tune of Rs.84,86,212/-. 11.About the first issue, regarding unsecured loan, without charging interest given to family members and associated concerns, wherein the PCIT has worked out the interest to the tune of Rs.1,09,21,304/-. The Ld.Counsel submitted

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

property is not shown in the Balance-sheet. 7. The ld PCIT also noticed that the assessee has also not shown deemed rent income on one residential flat at Krishna Niwas-1, JVPD, Ville Parle, Mumbai. 8. The ld PCIT also noticed thatthe following transactions, have also remained unattended by the assessing officer, during the assessment proceedings: (a) Receipts

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

property is not shown in the Balance-sheet. 7. The ld PCIT also noticed that the assessee has also not shown deemed rent income on one residential flat at Krishna Niwas-1, JVPD, Ville Parle, Mumbai. 8. The ld PCIT also noticed thatthe following transactions, have also remained unattended by the assessing officer, during the assessment proceedings: (a) Receipts