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.

section 271(1) (C), of the Act, to the tune of Rs.35,55,728/- 14. Issue No.2- Deemed rent of more than one properties reflected in the Balance Sheet, Rs.1,80,000/-. During the course of assessment proceedings, on verification of the audited accounts filed by the assessee, along with return of income, it was noticed by the assessing officer

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

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

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

section 271(1) (C), of the Act, to the tune of Rs.35,55,728/- 14. Issue No.2- Deemed rent of more than one properties reflected in the Balance Sheet, Rs.1,80,000/-. During the course of assessment proceedings, on verification of the audited accounts filed by the assessee, along with return of income, it was noticed by the assessing officer

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJI KHIMJI PATEL,,BHUJ vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRASL CIRCLE-II,, RAJKOT-GUJARAT

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI LALJIBHAI KHIMJIBHAI PATEL,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ

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

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble

271(1)(c) of the Act has not limb to stand, which is hereby cancelled, and the appeal of the assessee is allowed. ITA No.715/RJT/2010 – A.Y.2007-08 22. In ground no.1 and 2, assessee has pleaded that the ld.CIT(A) has erred in confirming the assessment order passed by the AO under section 153A of ITA No.712/RJT/2010 & Others Shri Laljibhai Khimjibhai

SHRI SANJAYBHAI GORDHANBHAI JAKSANIA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2 ,, RAJKOT-GUJARAT

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

271(1)(c)/271AAA of the Act which is premature to decide. Therefore, we dismiss the same. 21.1. Similarly, the issue raised by the assessee in ground no.3 is consequential and does not require any separate adjudication. Therefore, we dismiss the same. 22. In the result, the appeal of the assessee in ITA No.79/Rjt/2014 for AY 2007- 08 is partly

SHRI GHANSHYAMBHAI GORDHANBHAI JAKSANIA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, RAJKOT-GUJARAT

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

271(1)(c)/271AAA of the Act which is premature to decide. Therefore, we dismiss the same. 21.1. Similarly, the issue raised by the assessee in ground no.3 is consequential and does not require any separate adjudication. Therefore, we dismiss the same. 22. In the result, the appeal of the assessee in ITA No.79/Rjt/2014 for AY 2007- 08 is partly

SHRI KISHOR GORDHANBHAI JAKSANIA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2,, RAJKOT-GUJARAT

Bench: Shri Rajpal Yadav & Shri Waseem Ahmed

271(1)(c)/271AAA of the Act which is premature to decide. Therefore, we dismiss the same. 21.1. Similarly, the issue raised by the assessee in ground no.3 is consequential and does not require any separate adjudication. Therefore, we dismiss the same. 22. In the result, the appeal of the assessee in ITA No.79/Rjt/2014 for AY 2007- 08 is partly

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

SHRI BHAKTINAGAR CO-OPERATIVE HOUSING SOCIETY LTD.,RAJKOT vs. THE ITO 3 (1) (1), RAJKOT

In the result the appeal filed by the assessee (ITA No

Bench: Dr. Arjun Lal Saini. & Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.200/Rjt/2024 िनधा"रणवष"/ Assessment Year: (2014-15) (Hybrid Hearing) Shri Bhakti Nagar Co Operative Housing Vs. Income Tax Officer, Ward 3(1)(1) Society Ltd. (Bhaktinagar Circle, Meghani Rang Bhavan, Aaykar Bhawan, Race Course Rajkot) Rong Road, A D Vyas & Co, Charted Accounts, Kotecha Rajkot - 360001 Nagar Main Road, Opp Kotecha Girl’S School, Off Kalawad Road. Rajkot - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaaas2363M (Appellant) (Respondent)

271(1)(c) of the I.T. Act is ab initio void being bad in law. 3.On the facts and in the circumstances of the case and in law, learned CIT(A) forgot to appreciate the facts that the assessee has nothing concealed and therefore penalty for concealment should not be levied. 4.On the facts and in the circumstances

THE DCIT CENTRAL CIRCLE-1 , RAJKOT vs. SHRI SHAMJIBHAI SADHABHAI KANGAD, GANDHIDHAM-KUTCH

In the result, appeal filed by the Revenue, in IT(SS) No

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआ.(खो और ज).सं./It(Ss)A Nos.11 To 20/Rjt/2022 "नधा"रण वष"/ Assessment Years:2011-12 To 2020-21 बनाम/ Shri Shamjibhai Sadhabhai Deputy Commissioner Of Kangad Income Tax, Central Circle-1, Vs. Bbz-S-60, Zanda Chowk, “Amruta Estate”, 2Nd Floor, Gandhidham-370 201 M.G. Road, Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Adepk 3471 E (अपीलाथ"/Assessee) (""यथ"/Respondent) आ.(खो और ज).सं./It(Ss)A Nos.21 To 23/Rjt/2022 "नधा"रण वष"/ Assessment Years:2014-15, 2016-17 &2017-18 बनाम/ Deputy Commissioner Of Income Shri Shamjibhai Sadhabhai Tax, Central Circle-1, “Amruta Kangad Vs. Estate”, 2Nd Floor, M.G. Road, Bbz-S-60, Zanda Chowk, Rajkot-360001 Gandhidham-370 201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Aabca 8202 E (अपीलाथ"/Assessee) (""यथ"/Respondent) आ.(खो और ज).सं./It(Ss)A Nos.15/Rjt/2023 "नधा"रण वष"/ Assessment Year:2019-20 बनाम/ Deputy Commissioner Of Shri Hetab Shamjibhai Kangad Income Tax, Central Circle-1, Bbz-South-60, Zanda Chowk, Vs. “Amruta Estate”, 2Nd Floor, Gandhidham-370 201 M.G. Road, Rajkot-360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.:Aqtpk 7484 M (अपीलाथ"/Assessee) (""यथ"/Respondent)

c) Assessing officer on the facts and in the circumstances of the case and in law, has duly investigated and applied his mind on the report of the DDIT, Investigation wing and after satisfying himself made the assessment on the basis of cogent material and relevant evidence on record. (The above grounds of appeals cover, in Revenue`s appeal

SHRI BHAKTINAGAR CO OP HOUSING SOCIETY LTD,RAJKOT vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

In the result the appeal of the assessee is dismissed in limine

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

section 80P(2)(a)(i)/80P(2)(d) of the Act. The issue of taxability of interest earned from surplus funds decided by the Hon'ble Supreme Court 283/188 Taxman 282, wherein it was held that the assessee being co-operative society in the case of Totgars' Co-operative Sale Society Ltd. vis. ITO [20101 322 ITR is engaged

CLASSIC NETWORKS PVT. LTD.,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CEN. CIR.2,, RAJKOT-GUJARAT

The appeals of the Revenue are dismissed for assessment years 2005-06 and 2006-07

house and demolition of OHT at Gotri Harinagar 67 Supplying and laying Dl delivery line in command area of Tandalja OHT (VMC Department) 68 Khedbrahma Ta. Chack Dam Nala Plaguing work (K- 14) Dist. Sabarkatha (GWSSB) 69 Earthwork in bank cutting for formatting including side drains between JLR-WSJ in Connection with Jetalsar Wanshjhaliya GC Project 70 PMGSY