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7 results for “capital gains”+ Section 249(3)clear

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Key Topics

Section 10(37)14Section 54E11Addition to Income7Section 2636Section 249(4)(b)4Section 1474Section 1484Section 54F4Deduction4Section 143(3)

SHRI VIJAY CHAMPAK PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-6(4), SURAT

In the result, appeal filed by the assessee is allowed

ITA 281/AHD/2016[2011-12]Status: DisposedITAT Surat09 Oct 2020AY 2011-12

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.281/Ahd/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Vijay Champak Patel, Vs. Income Tax Officer, Pachhlu Faliyu, Near Water Ward-6(4), Surat Tank, Bharthana, Vesu, Surat

For Appellant: Shri Rasesh Shah - CAFor Respondent: Shri O P Meena – Sr. DR
Section 139Section 143(3)Section 271Section 271(1)Section 271(1)(c)Section 54ESection 54F

capital Gain (LTCG) in the subsequent year`s Return of Income filed for A.Y. 2013-14 as per the provision of section 54F(4) of the Act. Hence, ld. Counsel submits before us that there is no mala fide intention on the part of the assessee to defraud the revenue and hence no adverse inference could be drawn that

3
Long Term Capital Gains3
Natural Justice3

NAROTTAMBHAI CHHOTUBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(1), SURAT

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

ITA 1185/SRT/2025[2015-16]Status: HeardITAT Surat30 Jan 2026AY 2015-16

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

Section 144Section 147Section 249(4)(b)Section 250

capital gain and assessed the same to tax. 4. Aggrieved by the assessment order, the assessee preferred an appeal before the Ld. CIT(A), who dismissed the appeal in limine holding that since the assessee had not filed return of income and had not paid advance tax as required under section 249(4)(b) of the Act, the appeal

DHANSUKHBHAI PARAGJIBHAI PATEL,,SURAT vs. THE DCIT, CIRCLE-2(3),, SURAT

In the result, the appeal of the assessee partly allowed

ITA 1021/AHD/2016[2009-10]Status: DisposedITAT Surat03 Feb 2020AY 2009-10

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1021/Ahd/2016 िनधा"रण वष"/Assessment Year:2009-10 Shri Dhansukhbhai Deputy Commissioner Of Paragjibhai Patel, Income-Tax, 143, Brahaman Faliya, Circle - 2(3) Surat Dindoli Udhna 394210 Pan: Avdpp7007 L अपीलाथ" Appellant ""यथ"/Respondent

Section 10(37)Section 143Section 148Section 77

capital gain is chargeable on the same. The CIT (A) has wrongly observed that the sale of agricultural land to SMC under compulsory acquisition. In support of this contentions, the appellant has placed reliance in the case of CIT v. Amrutbhai S. Patel Tax Appeal No. 355 of 2013 dated 15.04.2013 of Hon’ble Gujarat High Court (copy of order

SHRI DINESHBHAI VITTALBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER,, SURAT

In the result, the appeal of the assessee partly allowed

ITA 970/AHD/2016[2009-10]Status: DisposedITAT Surat03 Feb 2020AY 2009-10

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.970/Ahd/2016 िनधा"रण वष"/Assessment Year:2009-10 Shri Dineshbhai Vittalbhai Income Tax Officer, Patel, Ward- 2(3)(7), Surat 6/1261, Bhut Sheri, Mahidharpura Surat Pan: Aatwpp 3597J अपीलाथ" Appellant ""यथ"/Respondent

Section 10(37)Section 143Section 148Section 77

capital gain is chargeable on the same. The CIT (A) has wrongly observed that the sale of agricultural land to SMC under compulsory acquisition. In support of this contentions, the appellant has placed reliance in the case of CIT v. Amrutbhai S. Patel Tax Appeal No. 355 of 2013 dated 15.04.2013 of Hon’ble Gujarat High Court (copy of order

ENGINEERING PROFESSIONAL CO. PVT LTD,SURAT vs. PCIT-1, SURAT

In the result, appeal of the assessee is partly allowed

ITA 541/SRT/2024[2018-19]Status: DisposedITAT Surat19 Feb 2025AY 2018-19

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.541/Srt/2024 Assessment Year: (2018-19) (Physical Hearing) Engineering Professional Co. Pvt. Ltd., Vs. The Pcit -1, 444, Royal Arcade, Opp. Sarthana Zoo, Surat Varachha Road, Near Sarthana Jakatnaka, Surat – 395006, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabce0313Q (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Ravi Kant Gupta, Cit(Dr) Date Of Hearing 13/02/2025 Date Of Pronouncement 19/02/2025

Section 142(1)Section 143(2)Section 143(3)Section 194CSection 263

capital gain was paid on it. It was also submitted that the difference between the value of Stamp Duty Authority (SVA) and actual sale consideration is less than 10%. Hence, no addition can be made u/s 50C(1) of the Act. It was also submitted that all details were given to AO, who has duly examined the same

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

JASHVANTIBEN GIRISHBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD 2(3)(2), SURAT

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

ITA 274/SRT/2025[2015-16]Status: HeardITAT Surat22 Jan 2026AY 2015-16

Bench: Dr. B.R.R. Kumar, Vice-Ms. Suchitra Kamble

Section 147Section 234ASection 249(4)Section 250Section 250(6)

section 249(4) without appreciating that the stipulation as to the payment of tax before filing of first appeal is only directory and not mandatory. 3. That the Ld. NFAC has erred in rejecting the appeal filed vide form 35 against the order passed by the AO u/s 147 r.w.s 144 in view of the fact that the assessee could