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

u/s. 271(1)(c) of the Act, the assessee submitted that penalty cannot be levied in case two opinions are possible in respect of a certain transaction. In the instant case, there are divergent views whether capital gains

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

U/s. 271(1)(c) of Rs. 5,51,702/- without considering that there is no adequate time and opportunity although the assessee specifically requested for the same. The penalty needs deletion. 4. The Ld. CIT(A) has erred in not bringing any cogent material justifying levy of penalty. The penalty needs deletion. 5. The Ld. CIT(A) has erred

ANANDKUMAR MANSUKHLAL PATEL,RAJKOT vs. INCOME TAX OFFICER, WARD-3 (1) (2),, RAJKOT

In the result appeal of the assessee is hereby allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 190/Rjt/2022 िनधा"रण वष"/Asstt. Years: 2007-2008 Shri Anandkumar Mansukhlal Income Tax Officer, Changela, Vs. Ward-3(1)(2), Rajkot. C/O. M/S. Anand Agencies, Dhebar Road, Opp. Mehta Petrol Pump, Rajkot-360001. Pan: Acgpp8605G

Capital Gain of Rs.3,17,517/- adopting the value determined by DVO at Rs.5,51,000/- as against Rs.1,19,286/- calculated by the appellant. Consequently, the AO initiated penalty proceedings u/s 271

SHRI RAMESHBHAI B. RANGANI,,RAJKOT-GUJARAT vs. THE CIT (A)-3, RAJKOT, RAJKOT-GUJARAT

In the result, the appeal filed by the Assessee is allowed for statistical purposes

Bench: Shri Mahavir Prasad, Judicial Memebr & Shri Waseem Ahmed, Accountant Memebr

Capital Gain on sale of land was added to the total income of the assessee and the assessment was finalized on 24-12-2010 at assessed income of Rs. 37,55/020/-. Penalty proceedings u/s 274 r.w.s. 271

JAGANI VINODRAI GOPALDAS (HUF),RAJKOT vs. THE ITO, WARD-1 (2) (4),, RAJKOT

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

Bench: Shri Waseem Ahmed & Shri T.R Senthil Kumarआयकर अपील सं./Ita No. 59/Rjt/2023 िनधा"रण वष"/Asstt. Year: 2014-15 Jagani Vinodrai Gopaldas Huf, Income-Tax Officer, 62 – Suraj Appartment, Vs. Ward-1(2)(4), No.1 Shroff Road, Rajkot. Opp. Church, Nfac, Delhi Rajkot-360001. Pan: Aaahj9710N

capital gain of Rs. 1,90,574/- as business income of the assessee by adding to the total income of the assessee. Accordingly, the AO also initiated penalty proceedings u/s 271

URVASHI GIRISHBHAI LAL,RAJKOT vs. ITO WD 1(2)(1), RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini

penalty proceedings u/s 271(1)(c) of the I.T. Act, 1961. 5. That, the findings of the Ld. CIT(A) are not justified and are bad-in-law. 6. The assessee carves to add, amend, alter and delete any of the above ground of appeals.” 3. Brief facts, as discernible from the orders of lower authorities are that during

MAHENDRAKUMAR BHANJIBHAI CHHANIYARA,RAJKOT vs. THE ITO WARD 1 (2) (1) RAJKOT, RAJKOT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपीलसं./Ita No. 280/Rjt/2025 (निर्धारणवर्ष/Assessment Year: (2016-17) Mahendrakumar Bhanjibhai Income Tax Officer, Chaniyara, Gaushala Plot, Kolki बनाम Ward-1(2)(1), Rajkot, Aaykar Rajkot, Kolki So, Bhawan, Rajkot-360001 /Vs. Rajkot-360470 स्थायी लेखा सं./जी आइआरसं./Pan/Gir No.: Astpc9150G (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) निर्धारितीकीओरसे/Appellant By : Shri Jaimin Shah, Ld. A.R. राजस्वकीओरसे/Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. D.R. सुनवाईकीतारीख / Date Of Hearing : 18/08/2025 घोषणाकीतारीख/Date Of Pronouncement : 19/08/2025 आदेश / Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Order (Ay) 2016-17, Is Directed Against The Order Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Passed By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income Tax(Appeals) (In Short "Ld.Cit(A)",Dated 12.03.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S 144 Of The Act, Dated 28.02.2024. 2. The Assessee Has Raised The Following Grounds Of Appeal:-

u/s 144 of the IT Act, is against the principal of natural justice and therefore the heavy addition made of Rs. 66,78,350/- as short term capital gain is required to be deleted. 06. That the appellant has purchased the land under question on 06/08/2010 and sold on 19/06/2015 which is Long term capital gain, however without making proper

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)

u/s 263 of the Act, and directed the assessing officer to verify the source of cash deposited in the bank accounts, which have been left out, during the course of original assessment proceedings. Accordingly, assessing officer made addition of peak credit in individual bank accounts. However, on further appeal by assessee, before

SHRI SUBIR YUDHISTHIR DAS,BELAPUR, THANE (MAHARASTRA) vs. THE CIT(A)-13, AHMEDABAD, AHMEDABAD

In the result, the appeal of the assessee is allowed

Bench: Smt. Annapurna Gupta & Shri Siddhartha Nautiyal

penalty proceedings u/s. 271 (1) © of the Act without appreciating the fact that the appellant denies his liability to the same. 7. During the course of Assessment the appellant has submitted all the documents related to his status of NRI and sources of Income, the Investment was made in shares out of Appellant Salary Income which was earned

LATE SHRI TULSIBHAI LIMBABHAI PARSANA, L/R SHRI HARIBHAI T. PARSANA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gain in regard to the sale of land at Rs. 1,43,63,312/- as against Rs. 52,07,005/- as worked out by the assessee in the return of income. Penalty proceeding under section 271(1)(c) was also initiated by the Ld. AO. Such penalty proceeding was ultimately finalized by the concerned officer upon levying penalty

SMT. HANSABEN MADHUKANT PANDYA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gain in regard to the sale of land at Rs. 1,43,63,312/- as against Rs. 52,07,005/- as worked out by the assessee in the return of income. Penalty proceeding under section 271(1)(c) was also initiated by the Ld. AO. Such penalty proceeding was ultimately finalized by the concerned officer upon levying penalty

SHRI LAKHABHAI LIMBABHAI PARSANA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gain in regard to the sale of land at Rs. 1,43,63,312/- as against Rs. 52,07,005/- as worked out by the assessee in the return of income. Penalty proceeding under section 271(1)(c) was also initiated by the Ld. AO. Such penalty proceeding was ultimately finalized by the concerned officer upon levying penalty

SHRI MAGANLAL LIMBABHAI PARSANA,,RAJKOT-GUJARAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1,, RAJKOT-GUJARAT

In the result, all the appeals filed by the separate assessee are allowed

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

capital gain in regard to the sale of land at Rs. 1,43,63,312/- as against Rs. 52,07,005/- as worked out by the assessee in the return of income. Penalty proceeding under section 271(1)(c) was also initiated by the Ld. AO. Such penalty proceeding was ultimately finalized by the concerned officer upon levying penalty

SHRI RAMA MEPA ODEDARA,PORBANDAR vs. THE INCOME TAX OFFICER, WARD-2(4),, PORBANDAR

In the result, Ground No. 2 of the assessee’s appeal is partly allowed

Bench: Us, The Counsel For The Assessee Submitted An Application For Condonation Of Delay & Argued That The Reason For Delay In Filing Appeal Before Itat Was That The Assessee Was Suffering From Spinal Injury & Was Advised Complete Bed Rest By The Doctors. In Support Of The Above Contention, The Assessee Also Filed Medical Certificate With Respect To The Injury Suffered

penalty proceedings u/s 271(l)(c) of the I.T. Act, 1961. 4. That, the findings of the Ld. CIT(A) - - are not justified and are bad-in-law. 5. The assessee craves to add, amend, alter or delete any of the above grounds of appeals. Total tax effect (see note below) Rs. 18,28,550/- Condonation of Delay

DILIP KANTILAL KUBAVAT,PORBANDAR vs. ITO WD 2(3), PORBANDAR, PORBANDAR

In the result, appeal filed by the assessee is allowed

Bench: Dr. Arjun Lal Sainiआयकर अपील सं./ Ita No.522/Rjt/2025 "नधा"रण वष"/Assessment Year :2016-17 Dilip Kantilal Kubavat Ito बनाम/ Prop. Vijay Dairy Farm, Ward 2 (3), Vs Near Ramdhun S V P Road, Porbandar 360575 Porbandar - 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Azfpk8009B (अपीलाथ"/Appellant) (""यथ"/Respondent) "नधा"रती क" ओर से/Assessee By : Shri Sagar Shah, Ld. Ar राज"व क" ओर से/Revenue By : Shri Dheeraj Kumr Gupta, Ld. Sr-Dr सुनवाई क" तार"ख /Date Of Hearing : 09/09/2025 घोषणा क" तार"ख /Date Of Pronouncement : 14 /10/2025 आदेश/Order Per, Dr. Arjun Lal Saini, A.M The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal) [Hereinafter Referred To As “Cit(A)”], Dated 21.03.2025, Arising In The Matter Of Assessment Order Passed U/S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2016-17. 2. In This Appeal, The Assessee Has Raised Multiple Grounds Of Appeal. However, The Solitary Grievance Of The Assessee Is That The Ld Cit(A) Erred In Not To Consider The Basic Fact That The Assessee Has Gifted The Property To His Sister In Law (Younger Brother'S Wife) That Is, To A Relative For A Consideration Dilip Kantilal Kubavat

penalty notice issued u/s 271(1)(c) for A.Y. 2016-17 dated 29.06.2025 wherein it was mentioned "you had preferred appeal which has been disposed of by the 1st appellate authority, i.e. CIT(A)." On perusal of this notice, the assessee immediately approached the consultant. Therefore, in this process, the delay of 80 days has occurred, which may kindly

SMT. INDUMATIBEN G. PARMAR,,RAJKOT vs. INCOME TAX OFFICER, WARD-1(1)(1),, RAJKOT

In the result, the appeal of the assessee is dismissed on merits

Bench: Shri Pradip Kumar Kedia & Shri Mahavir Prasadआयकर अपील सं./I.T.A. No. 39/Rjt/2018 ("नधा"रण वष" / Assessment Year: 2007-08)

penalty proceedings u/s. 274 r.w.s. 271(1)(c) of the I T Act is unwarranted, unjustified and bad in law.” 3. As per Ground No.1, the assessee seeks to challenge the jurisdiction assumed under s.147 of the Act, the aforesaid ground is dismissed and not pressed. 4. Ground Nos. 2 to 6 concerns addition of Rs.3,69,000/- by applying

KUMAR RAMESH SAHU,RAJKOT, GUJARAT vs. ACIT, CIRCLE-2(2), RAJKOT, RAJKOT, GUJARAT

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

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./I.T.A. No.336/Rjt/2023 (िनधा"रण वष" / Assessment Year : 2009-10) Kumar Ramesh Sahu बनाम/ The Acit, Sundaram, 72/3, New Cirtcle-2(3) Vs. College Wadi Rajkot – 60 001 150Ft5. Ring Road Opp. Meera Apartment Rajkot – 360 005 (Gujarat) "ायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aesps 5531 C (अपीलाथ" /Appellant) (""थ" / Respondent) .. Assessee By : Shri M.N. Manvar, Ld. Ar Revenue By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr सुनवाई की तारीख / Date Of Hearing 13/01/2025 घोषणा की तारीख /Date Of Pronouncement 04/04/2025 आदेश / O R D E R Per Dinesh Mohan Sinha:

penalty proceedings under Section 271(1) (c) of the Act. 4. Aggrieved, the assessee has filed an appeal before the Ld. CIT (A) only two additional grounds: ITA No.336 /RJT/2023 Kumar Ramesh Sahu vs. ACIT Asst.Year - 2009-10 Ground of appeal No.-3: "Ld. Assessing officer erred in law and facts to issue of notice u/s

DR. SUBHASH PETHALJI CHAVDA AHIR KELVANI MANDAL,RAJKOT-GUJARAT vs. THE INCOME TAX OFFICER(EXEMPTION), WARD-2,, RAJKOT

The appeal of the assessee is allowed

Penalty proceedings u/s 271(l)(c) of the I.T.Act is initiated for concealment of income by way of furnishing in accurate particulars of its income. 3. And that of the ld. CIT(A) confirming the addition at para 6 of his order is as under: 6. Decision I.T.A No. 425/Rjt/2017 A.Y. 2014-15 Page No 3 Dr. Subhash Pethaljibhai Chavda