YASH BHUPESHBHAI TAMAKUWALA,SURAT vs. INCOME TAX OFFICER, WARD - 2(2)(5), NOW INCOME TAX OFFICER - 1(2)(6), SURAT

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

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita No.580/Srt/2023 Assessment Year: (2013-14) (Physical Hearing) Yash Bhupeshbhai Tamakuwala, Vs. The Ito, 1/208, Kharadi Sheri, Nanpura, Ward- 1(2)(6), Surat – 395001. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ajypt3602P (Appellant) (Respondent)

Capital Gain Rs.3,41,595/- ITA.580/SRT/2023/AY.2013-14 Yash B. Tamakuwala Therefore, Assessing Officer noted that willful omission (Had the assessee`s income not been scrutinized, the assessee’s income of Rs.3,41,595/- would have escaped assessment) by the assessee, is in contravention of set principles of law and would attract the penalty under section 271(1

GIRDHARBHAI HARIBHAI GAJERA,SURAT vs. ITO(INTERNATIONAL TAXATION), SURAT

In the result, additional grounds raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपील सं./Ita No.143/Srt/2019 (िनधा"रणवष" / Assessment Year: (2015-16) (Physical Court Hearing) Girdharbhai Haribhai Gajera Income Tax Officer 1,Vrushal Nagar, Opp. (International Taxation), 107, 1St Vs. Ktargam Police Station, Floor, Anavil Business Centre, Katargam Road, Surat-35004 Adajan-Hazira Road, Opp. Star Bazar, Adajan, Surat-395009 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abepg 7339 M (Assessee ) (Respondent)

1) were issued on 09.06.2017, 29.08.2017, 08.09.2017. The Penalty notice u/s. 271(l)(b) was also issued on 08.09.2017. The assessee with other persons have transferred two non- agricultural land to Shanti Integrated Textile Park Pvt. Ltd. and Assessee’s share was Rs.2.28,72,600. The assessee has not offered any capital gain or business income on sale of above

JHONSON ELECTRIC COMPANY LIMITED,,VADODARA vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, VADODARA

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A No.754/Ahd/2017 "नधा"रणवष"/Assessment Year: 2008-09 Jhonson Electric Company Vs. The Income Tax Officer, Limited, Ward-1(1)(3), Vadodara – 390007. C/O. C.K.Pithawala Bhimpore, Post: Dumas Dist: Surat. [Pan: Aaacj 4908 P अपीलाथ" / Appellant ""यथ"/Respondent "नधा"रतीक"ओरसे /Assessee By Sh. Saurabh Soparkar With Sh. Mayur K. Swadia Ars. राज"वक"ओरसे /Revenue By Mrs. Anupama Singla – Sr. Dr सुनवाई की तारीख/ Date Of Hearing: 23.09.2020 उ"घोषणा क" तार"ख/Pronouncement On: 22.10.2020 आदेश /O R D E R Per Pawan Singh, Jm: 1. This Appeal By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-1, Vadodara Dated 17.01.2017 For The Assessment Year 2008-09. 2. Grounds Raised By The Assessee Read As Under: The Learned Commissioner Of Income Tax (Appeals) Has Erred In Facts “1. & In Law In Treating Long Term Capital Gain As Short Term Capital Gain. 2. Your Appellant Craves The Right To Add To Or Alter, Amend, Substitute, Delete Or Modify All Or Any Of The Above Grounds Of Appeal.”

1) and 143(2) proceeded for reassessment. The AO also issued show cause notice on 17.02.2015 requiring the assessee to show cause as to why stamp value of Rs.4.6 Crores be not treated as sale consideration for the purpose of computation of capital gain and further addition of Rs.2.6 Crore should not be made as per the provision of section

ASHVIN NARAYAN BAJORIA HUF,SURAT vs. INCOME TAX OFFICER, WARD1(2)(1), SURAT

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

Bench: SHRI PAWAN SINGH (Judicial Member)

capital gain had been declared by assessee in original return, was bogus, issued notice under section 148 to assessee. The assessee in response to said notice, assessee filed revised return surrendering entire 6 Ashvin Narayan Bajoria (HUF) amount of sale proceeds of shares to buy peace of mind and to avoid hazards of litigation and also to save himself from

SUDHIR BHUPENDRA DESAI,SURAT vs. INCOME TAX OFFICER, (INT. TAX), SURAT

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

Bench: Shri Pawan Singhआ.अ.सं./Ita No.92/Srt/2023 (Ay 2012-13) (Hearing In Physical Court) Sudhir Bhupendra Desai Income Tax Officer, (Int. Tax), 106, ‘Shriyam’, Nehru Nagar, Room No.107, 1St Floor, Vs Ichhanath, Svr College, S.O., Income-Tax Office, Surat Surat-395007 Anavil Business Centre, Pan No: Axdpd 7887 Q Adajan Hazira Road, Adajan, Surat-395007 अपीलाथ"/Appellant ""थ" /Respondent

capital gain was in fact taxable as ‘income from other sources’ and, accordingly, paid differential tax on said amount before issuance of notice under section 148, said conduct of assessee being bona fide in nature, impugned penalty order passed under section 271(1

RUCHIT DINESHBHAI DOSHI,SURAT vs. INCOME TAX OFFICER WARD - 2(2)(1), SURAT

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

Bench: Shri Pawan Singh(Physical Hearing) Ruchit Dineshbhai Doshi, I.T.O., C-10, 5/6, Somakanji Estate-2, Opp- Ward-2(2)(1), Vs. Sanidev Mandir, Magdalla Bo, Surat. Surat-395007 (Gujarat) Pan No. Afxpd 4008 F Appellant/ Assessee Respondent/ Revenue

capital gain of Rs. 4,58,954/- was treated as unexplained cash credit under Section 68 of the Act. The assessing officer initiated penalty for concealment of income. No further appeal was filed by assessee against such addition in quantum assessment. 3. The Assessing Officer issued show cause notice under Section 274 r.w.s. 271(1

SHRI MAHESHBHAI M.PANDYA,VAPI vs. INCOME TAX OFFICER, WARD-6, VAPI

In the result, all the grounds of appeals raised by the assessee are allowed

Bench: Shri Pawan Singh & Dr Arjun Lal Sainiआ.अ.सं./Ita No.388/Srt/2018 (Ay 2008-09) (Hearing In Virtual Court) Shri Maheshbhai M Pandya, Income Tax Officer, 9, Dipkiran Co-Op. Hsc, Ward-6, Vapi, Vs Society, Nr.N.H.-8, Gidc, Vapi-396195 Pan No. Afupp 6452 J अपीलाथ"/Appellant ""थ" /Respondent

capital gain (LTCG). On the LTCG, the assessee paid due tax. Thereafter, the Assessing 4 Sh. Maheshbhai M Pandya Officer initiated penalty proceedings for concealment of particulars of income and levied penalty vide order dated 29.04.2016. Before levying penalty, the Assessing Officer recorded that show cause notice under section 274 r.w.s., 271(1

VIJAYBHAN SINGH RAJPUT,SURAT vs. ITO, WARD-2(3)(4), SURAT, SURAT

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

Bench: Shri Pawan Singh(Physical Hearing) Vijaybhan Singh Rajput, I.T.O., Plot No. 131/3, Near Shrisati Tex Ward-2(3)(4), Vs. Prints, Gidc, Pandesara, Surat. Surat. Pan No. Abxpr 3970 L Appellant/ Assessee Respondent/ Revenue

capital gain. The fact remains that the actual amount received was offered for taxation. It is only on the basis of the deemed consideration that the proceedings under Section 271(1

HASMUKHBHAI DAHYABHAI PATEL,VAPI vs. DY. COMMISSIONER OF INCOME TAX, VAPI CIRCLE,, VAPI

In the result, appeal filed by the assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), DR. A. L. SAINI (Accountant Member)

capital gains and only when the escapement of income came to the notice of Income Tax Department, the assessee offered such income for taxation. Thus Explanation-3 to Section 271(1

GAURAVKUMAR MANILAL PATEL,TAPI vs. INCOME TAX OFFICER, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

capital gain.\n8. It is therefore prayed that the above addition made by the Assessing Officer\nmay please be deleted or reduced.\n9. Appellant craves leave to add, alter or delete any ground(s) either before or\nin the course of hearing of the appeal.”\n7.\nThe ground of appeal in ITA No.936/SRT/2024 are as under:\n“1

PRAKASHSINH THAKOR,SURAT vs. ACIT, CIRCLE-2(2), SURAT

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Prakashsinh Thakor, A.C.I.T., 53, Pratap Nagar, Delad, Olpad, Circle2(2), Vs. Surat-394540 Surat. Pan: Alhpt 9125 B Appellant Respondednt

capital gain of Rs. 13,39,700/- and initiated penalty under Section 271(1)(c) of the Act. The Assessing

JAYANTILAL AMBARAM PATEL HUF,SURAT vs. ASSISTANT COMMISSIONER INCOME TAX , CIR.2(3), SURAT

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh(Virtual Hearing) Jayantilal Ambaram Patel Huf, A.C.I.T., 5, Western Seven Seas, Behind Circle-2(3), Vs. Gangeshwar Temple, Opp. Saint Surat. Mark School, Adajan, Surat, Gujarat- 395009. Pan No. Aafhj 0354 R Appellant/ Assessee Respondent/ Revenue

capital gain and levied penalty under Section 271(1)(c) of the Act. The division Bench of Surat Tribunal has already

GAURAVKUMAR MANILAL PATEL,SURAT vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground of appeal

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(6), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground of appeal

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground of appeal

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(6), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground of appeal

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground of appeal

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

DIVYABEN PRAFULCHANDRA PARMAR,SURAT vs. INCOME TAX OFFICER, WARD 1(3)(1), SURAT

In the result, appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.73/Srt/2023 (Assessment Year: 2014-15) (Physical Hearing) Divyaben Prafulchand Parmar, Vs. The Ito, Ward-1(3)(1), 1-2, Harikrishna Niwas, B/H Braham Surat. Kumari Ashram, Bhatar Road, Surat – 395017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acbpp9559Q (Appellant) (Respondent)

capital gain arising from sale of shares. The assessee during the relevant period had sold shares of M/s. Sunrise Asian Ltd. for a consideration of Rs.14,99,917/-. The authorities below held the sale transaction in aforementioned scripts as bogus and thus, made addition under section 68 of the Act. We find that similar disallowance was made in the case