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

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

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

short] for Assessment Year (AY) 2015-16. 2. The assessee has raised the following grounds:- “All the grounds of appeal in this appeal are mutually exclusive and without prejudice to each other. Invalid Revision u/s 263: ITA No.56 /Rjt/2021 Janki Kishan Hingorani vs. Pr.CIT AY : 2015-16 [2] 1. The learned Pr. Commissioner of Income Tax, Rajkot-1 ("PCIT") erred

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

short\n‘the Ld. PCIT'], has exercised his jurisdiction, under section 263 of the\nIncome Tax Act, 1961. On examination of the records, it was noticed by\nld. PCIT that 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

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

short\n‘the Ld. PCIT'], has exercised his jurisdiction, under section 263 of the\nIncome Tax Act, 1961. On examination of the records, it was noticed by\nld. PCIT that 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

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

Property. Further, the assessee has claimed receipt of gift from\nthe assessee i.e. Smt. Ujiben K. Sakariya of Rs. 23 lacs during FY 2015-16.\nTo examine the issue, notices were issued to the assessee ( dead person during\nthe course of re-assessment proceedings. The assessing officeer noticed that\nthe assessee had received interest on enhanced compensation paid for\ncompulsory

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

short-term capital gains and there is income in respect of other capital assets then that can be set off as per section 70. Section 71 provides set off of loss from one head against income from another head. Thus where there is a loss under one head being loss other than loss under the head capital gains then

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

Short Term Capital Gain of Rs.45,03,271/- was shown by the assessee in her return of income. Further the assessee has claimed Rs.1,19,29,140/- as cost of acquisition of the land which is approx. 54% of saleable land sold during the year. This payment is claimed to have been made by the assessee at the rate

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

Housing Society, Rajkot. Rajkot-360005 PAN: AIAPP6533D (Applicant) (Respondent) Assessee by : Shri Mehul Ranpura, A.R. Revenue by : Shri Shramdeep Sinha, CIT DR सुनवाईक"तारीख/Date of Hearing : 02/01/2023 घोषणाक"तारीख/Date of Pronouncement: 15/02/2023 ITA Nos.93 to 95/Rjt/2021 A.Y. 2015-16 2 आदेश आदेश/O R D E R आदेश आदेश PER WASEEM AHMED, ACCOUNTANT MEMBER: The captioned appeals have

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

Gain' of Rs. 45,03,271/-. It\nwas noticed that the land ad measuring 7339.74 Square Yards, at Survey\nNo. 59/3, was purchased by the assessee on 18.01.2011, for a consideration\nof Rs.78,71,170/- (Rs.75,00,000/- cost and other expenses like stamp duty,\nregistration fee etc, of Rs.3,71,170/-). Out of the total land area

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

RANCHODBHAI KARAMSHIBHAI DHAMI,RAJKOT vs. ITO, WARD-1(2)(2), RAJKOT, RAJKOT

The appeal of the assessee is allowed for statistical purposes

Bench: Dr. Arjun Lal Saini, Am. & Diesh Mohan Sinha, Jm आयकरअपीलसं./Ita No. 431/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) Ranchodbhai Karamshibhai Dhami. Vs. Ito Ward-1(2)(2), Rajkot. M. N. Manvar & Co. Ca, 504, Star Plaza, Nr. Circuit House, Phulchhab Chowk, Rajkot. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabts8458H (Appellant) (Respondent) Appellant By : Shri M. N. Manvar, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 19/ 12/2024 Date Of Pronouncement : 20 /01/2025 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 01/05/2024, Which In Turn Assessment Order Passed By Ld. Assessing Officer U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”). 2. Grounds Of Appeal Raised By The Assessee Are As Followed: 1). Cit(A)-Nfac Erred In Law & Facts In Confirming The Addition Of Short Term Capital Gain Made By Ao Rs. 29,56,695/- U/S 50C Of The Income Tax Act, 1961 (The Act) For The Income In The Nature Of Business

House, Phulchhab Chowk, Rajkot. "थायीलेखासं./जीआइआरसं./PAN/GIR No.: AABTS8458H (Appellant) (Respondent) Appellant by : Shri M. N. Manvar, Ld. AR Respondent by : Shri Abhimanyu Singh Yadav, Ld. Sr. DR Date of Hearing : 19/ 12/2024 Date of Pronouncement : 20 /01/2025 आदेश / O R D E R PER DINESH MOHAN SINHA, JM: Captioned appeal filed by the assessee is directed against the order

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

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

short 'Ld.\nCIT(A)'], dated 02.01.2025, which in turn arises out of an assessment order\npassed by the Assessing Officer, under section 143(3) of the Income Tax Act,\n1961 (hereinafter referred to as “the Act”), vide order dated 31.12.2019.\n2. Grounds of appeal raised by the assessee are as follows:\n“All the below mentioned grounds of appeal

M/S. D.M.L. EXIM PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

property in India or control and management vested in India, are not satisfied in the present case. The commission expenses paid on export sales to a non-resident admittedly for services rendered outside India is not coming under the purview of Sec. 40(a)(ia) of the Act. It is relevant to mention that the ‘commission’ simpliciter is not fees

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S D.M.L. EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

property in India or control and management vested in India, are not satisfied in the present case. The commission expenses paid on export sales to a non-resident admittedly for services rendered outside India is not coming under the purview of Sec. 40(a)(ia) of the Act. It is relevant to mention that the ‘commission’ simpliciter is not fees

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S DML EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

property in India or control and management vested in India, are not satisfied in the present case. The commission expenses paid on export sales to a non-resident admittedly for services rendered outside India is not coming under the purview of Sec. 40(a)(ia) of the Act. It is relevant to mention that the ‘commission’ simpliciter is not fees