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4 results for “capital gains”+ Section 234Dclear

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Key Topics

Section 26329Section 54F8Section 143(3)5Section 545Section 254(1)2Section 234A2Survey u/s 133A2Deduction2

SMT. MINAXIBEN HARSHADBHAI MAVANI,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(3)(3),, SURAT

In the result, appeal of the assessee is dismissed

ITA 2604/AHD/2016[2013-14]Status: DisposedITAT Surat14 Sept 2021AY 2013-14

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Smt. Minaxiben Harshadbhai The Income Tax Officer, Mavani, Ward-1(3)(3), Surat. Vs. 204, Malhar Complex, Icchanath, Surat – 395 007. Pan: Agjpm 8034 B Applicant Respondent

Section 143(3)Section 234ASection 254(1)Section 271(1)(c)Section 54Section 54F

capital gain be taxed in the year in which period of 3 years to sale is completed. It be so held now. 6. Levy of interest u/s 234A/234B/234C & 234D of the Act is not justified. 7. Initiation of penalty proceedings u/s 271(1)(c) of the Act is not justified.” 2. Brief facts of the case are that the assessee

SHUSHILABEN PRATAPBHAI THAKOR,NA vs. ARIVS.INCOME TAX OFFICER, WARD - 5, NAVSARI

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

ITA 259/SRT/2023[2012-13]Status: DisposedITAT Surat07 Jul 2023AY 2012-13

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.259/Ahd/2023 (A.Y. 2012-13) (Hearing In Physical Court) Shushilaben Pratapbhai Thakor Income Tax Officer, 6, Shiv Jal, Shailesh Park Ward-5, Navsari, Room Vs Society, Gandevi Road, Navsari- No.204, 2Nd Floor, Aayakar 396445 Bhawan, Near Char Pool, Pan : Adept 7623 H Police Choki, Navsari- 396445 अपीलाथ"/Appellant ""यथ" /Respondent

Section 143(3)Section 234ASection 234BSection 234CSection 234DSection 249(2)Section 254(1)Section 54B

section 249(2): (1) The learned CIT(A) seriously erred in dismissing the appeal without verifying the offline office records that appeal was filed in time. (2) With the Government making filing of appeal before the CIT(A) online, the appellant was obliged to file the appeal online again which unfortunately learned CIT(A) accepted as a date of filing

HOTEL ROYAL GARDEN,,DAMAN AND DIU (UT) vs. THE PCIT, VALSAD, VALSAD

In the result, appeal filed by assessee is dismissed

ITA 103/SRT/2022[2017-18]Status: DisposedITAT Surat21 Mar 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.103/Srt/2022 Assessment Year: (2017-18) (Physical Court Hearing) Hotel Royal Garden, Vs. The Pcit, Valsad. Main Road, Dabhel, Nani Daman – 396210, Daman & Diu (Ut). "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefh2587H (Appellant) (Respondent) Appellant By Shri Darshit J. Naik, Ca With Jayraj M. Naik, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 05/01/2023 Date Of Pronouncement 21/03/2023

Section 143(3)Section 263

234D as applicable. Issued DN/Challan accordingly.” 24. From the assessment order, it is abundantly clear that Assessing Officer has not discussed the issue raised by the Ld. PCIT, therefore we note that it is a case of complete non-enquiry ( no enquiry) on the part of the Assessing Officer. The assessing officer blindly accepted only the income shown

MR. RAMANLAL RAGHABHI PATEL ,DAMAN vs. THE PCIT, VALSAD, VALSAD

In the result, appeal filed by the assessee is dismissed

ITA 105/SRT/2022[2017-18]Status: DisposedITAT Surat21 Mar 2023AY 2017-18

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.105/Srt/2022 "नधा"रण वष"/Assessment Year: (2017-18) (Physical Hearing) Ramanlal Raghabhai Patel, Vs. The Pcit, Valsad. Near Check Post, Dabhel, Daman – 396210, Daman & Diu (Ut). (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Accpp2952J

Section 143(3)Section 263

234D as applicable. Issued DN/Challan accordingly.” Ramanlal Raghabhai Patel 11. From the above assessment order, it is vivid that assessing officer has not examined the issue raised by ld PCIT (Excess stock of liquor), hence, assessing officer has neither applied his mind nor did any enquiry, therefore order passed by the assessing officer is erroneous and prejudicial to the interest