R.S. TRADELINK PVT.LTD.,SURAT vs. THE ACIT.,CIRCLE-4,, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.2130/Ahd/2014 ("नधा"रणवष" / Assessment Year: (2008-09) (Virtual Court Hearing) M/S. R.S. Tradelink Pvt. Ltd., Vs. The Assistant Commissioner Plot No.17, Magdalla Port Road, Of Income Tax, Circle-4, Surat. Magdalla, Surat-395007. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6607A (Assessee) (Respondent)

capital gain in the hand of the company by revising the return of income. The amount received from the transferee company of M/s Ambuja Cement has been shown by the assessee- company under the head loan and advances, hence, there is no conscious concealment of income, as held by the various Hon`ble High Courts in the precedents cited above

CHANCHALBEN DAHYABHAI PATEL,DAMAN vs. INCOME TAX OFFICER, DAMAN

sections": [ "147", "144", "144B", "250", "28", "69", "46A", "250(4)" ], "issues": "Whether the CIT(A) erred in upholding the additions made by the AO without providing the assessee adequate opportunity to present her case, especially after the seizure of records, and whether the land transactions constituted business income rather than capital gains

CHANCHALBEN DAHYABHAI PATEL,DAMAN vs. ITO, DAMAN

sections": [ "250", "147", "144", "144B", "69", "133A", "131(1A)", "46A", "250(4)", "28", "13" ], "issues": "Whether the profit on sale of lands should be taxed as capital gains

ANILBHAI DESAI,SURAT vs. ITO, WARD 2(3)(1), SURAT

In the result, these three appeals (ITA 1059 & 1060 & 1061/Srt/2025 for\nAY 2012-13) of the assessee are allowed for statistical purposes

section 144, adding a sum of Rs. 12,39,000/- as long-term capital gain and invoking section 50C without

DAKSHABEN AJITBHAI DESAI,SURAT vs. ITO, WARD 2(3)(1), SURAT

In the result, these three appeals (ITA 1059 & 1060 & 1061/Srt/2025 for\nAY 2012-13) of the assessee are allowed for statistical purposes

section 144 of the Income Tax Act, 1961.\nThe learned Assessing Officer has incorrectly added a sum of 12,39,000/- as long-\nterm capital gain

BINALBEN PINKESHBHAI NAIK,NA vs. ARIVS.ITO, WARD-1, NAVSARI

In the result, these three appeals (ITA 1059 & 1060 & 1061/Srt/2025 for\nAY 2012-13) of the assessee are allowed for statistical purposes

section 144 of the Income Tax Act, 1961.\nThe learned Assessing Officer has incorrectly added a sum of 12,39,000/- as long-\nterm capital gain

KANUBHAI VANMALIBHAI PATEL HUF,SURAT vs. ITO, WARD-1(2)(1), SURAT, SURAT

In the result, the grounds of appeal raised by the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Kanubhai Vanmalibhai Patel I.T.O.,Ward 1(2)(1), Huf,6, Siddharth Society, Surat. Vs. Behind Afil Tower, Lambe Hanuman Road, Surat-395010. Pan: Aakhp 0725 K Appellant Respondednt

capital gain. The ld AR for the assessee submits that ld PCIT himself admits that there was inquiry and evidences, however, the order cannot be termed erroneous for the want of bills and vouchers, when the assessing officer himself accepted all the evidences. The nature of land sold is clearly mentioned as agriculture land, the permissions was obtained only

INCOME TAX OFFICER WARD 1(1)(4), SURAT vs. SHRI MAHESHBHAI V. SAVANI, SURAT

In the result, ground No. 2 raised by the assessee is allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No. 305/Srt/2017 ("नधा"रणवष" / Assessment Years: (2012-13) (Physical Court Hearing) The Ito, Ward-1(1)(4), Vs. Maheshbhai V. Savani, Surat. 404, Super Diamond Market, Varachha Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahhps 2681 R (Revenue)/(Assessee) (Assessee)/(Respondent) आयकर अपील सं./Ita No. 382/Srt/2017 ("नधा"रणवष" / Assessment Years: (2012-13) (Physical Court Hearing) Maheshbhai V. Savani, Vs. The Ito, Ward-1(1)(4), 404, Super Diamond Market, Varachha Surat. Road, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahhps 2681 R (Assessee) (Respondent) Assessee By Shri Rasesh Shah, Ca Respondent By Shri H. P. Meena, Cit(Dr Date Of Hearing 17/06/2022 Date Of Pronouncement 29/07/2022

section 143(2) of the Act was issued on 31.08.2013 and duly served upon the assessee. The assessee has mainly shown income from salary, interest and capital gain in his return of income. In response to the notices issued, Shri Bharat Rudani, advocate and the duly authorized representative of the assessee attended the proceedings from time to time and furnished

CHAITALI SURIL UDESHI,AHMEDABAD vs. ITO, WARD-3(1)(2), SURAT

In the result, ground no. 3 of the appeal is allowed

Bench: Shri Pawan Singh(Virtual Hearing) Chaitali Suril Udeshi, I.T.O., A-902, Samanvay Residency, Opp: Safal Ward-3(1)(2), Vs. Parisar-2, South Bopal Daskroi, Surat. Ahmedabad, Gujarat (India). Pan No. Ahgpd 9813 R Appellant/ Assessee Respondent/ Revenue

capital gain for purchase of new residential house within three years from the date of sale as prescribed under Section 54 of the Act. The ld AR for the assessee submits that provisions of Section 54F are beneficial provision and to be considered liberally in the aspect of limitation period. To support his submission, the ld AR for the assessee

KETAN LALITBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(3)(2),, SURAT

In the result, the appeal of the assessee is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No.1216/Ahd/2016 िनधा"रण वष"/A.Y.:2012-13 Shri Ketan Lalitbhai Patel, Vs. Income Tax Officer, Bawaliya Faliya At&Post Ward 2(3)(2) Surat Abhava Taluka Choryashi District Surat 395007 Pan: Aorpp 4348B अपीलाथ" Appellant ""यथ"/Respondent

gains under section 50C of the Act. 3. Succinctly, facts as culled out from the orders of lower authorities are that the assessee has sold an agricultural land for sale consideration of Rs. 18,66,601 which was valued at Rs. 35,50,950 by stamp duty valuation. In original return of income , the assessee has shown sale consideration

SMT. JYOTIBEN VINODBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

144 in the return of income. On enquiry, the assessee has filed working of long-term capital gain at loss of Rs.1,35,590 based on Government Registered Valuer report of Shri P. K. Desai dated 28.05.2013 by taking FMV as @ 600 per sq. meter as on 01.04.1981.The FMV of entire plot of land area of 8498 was computed

SHRI SATYADEV NAGINBHAI PATEL,SURAT vs. INCOME TAX OFFICER WARD-2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

144 in the return of income. On enquiry, the assessee has filed working of long-term capital gain at loss of Rs.1,35,590 based on Government Registered Valuer report of Shri P. K. Desai dated 28.05.2013 by taking FMV as @ 600 per sq. meter as on 01.04.1981.The FMV of entire plot of land area of 8498 was computed

SMT.URMILABEN NAGINBHAI PATEL,SURAT vs. INCOME TAX OFFICER WARD-2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

144 in the return of income. On enquiry, the assessee has filed working of long-term capital gain at loss of Rs.1,35,590 based on Government Registered Valuer report of Shri P. K. Desai dated 28.05.2013 by taking FMV as @ 600 per sq. meter as on 01.04.1981.The FMV of entire plot of land area of 8498 was computed

SHRI TEJASH VINODBHAI PATEL,SURAT vs. INCOME TAX OFFICER WARD 2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

144 in the return of income. On enquiry, the assessee has filed working of long-term capital gain at loss of Rs.1,35,590 based on Government Registered Valuer report of Shri P. K. Desai dated 28.05.2013 by taking FMV as @ 600 per sq. meter as on 01.04.1981.The FMV of entire plot of land area of 8498 was computed

JAGUBHAI CHHAGNBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD-2(1)(2), SURAT

In the result, the grounds of appeal raised by the assessee are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainijagubhai Chhaganbhai Patel, I.T.O., New Street, Taluka Choryasi, Ward-2(1)(2), Vs. Village- Hazira, Surat-395007. Surat. Pan No. Aclpk 9351 P Appellant/ Assessee Respondent/ Revenue

section 144 r.w.s. 147 of the Act in this case on 08/03/2013. The Assessing Officer while passing the assessment order made addition on account of Long Term Capital Gains

KANTILAL DAYALBHAI RAMBHAI ,SURAT vs. ITO(INT. TAX), SURAT

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

section 50C of the Act. The AO\nissued show cause notice on 02.03.2022, which is at page 3 to 4 of the\nassessment order. The AO found that the assessee had sold immovable\nproperty (land) along with four co-owners. The assessee has failed to disclose\nthe long-term capital gain (LTCG) income and has not offered any income

SMT. AMBABEN NAROTTAMBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(4), NEW WARD- ITO, WARD-1(3)(6),, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) िनधा"रणवष"/ S.N. आ.अ.सं./ अपीलाथ"/Appellant Vs ""थ"/Respondent Ay:

capital gains only on account of cost of improvement on pucca structure was partly upheld on estimation basis. Therefore, all substantial additions were either deleted or upheld only on estimation basis. In our considered view no penalty under section 271(1)(c) of the Act is levieable on all the assessee(s). 6. In the result, all the appeals filed

HITESHBHAI DAHYABHAI PATEL,,SURAT vs. INCOME TAX OFFICER, WARD-2(1)(4),, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) िनधा"रणवष"/ S.N. आ.अ.सं./ अपीलाथ"/Appellant Vs ""थ"/Respondent Ay:

capital gains only on account of cost of improvement on pucca structure was partly upheld on estimation basis. Therefore, all substantial additions were either deleted or upheld only on estimation basis. In our considered view no penalty under section 271(1)(c) of the Act is levieable on all the assessee(s). 6. In the result, all the appeals filed