SHRI KRISHNAKUMAR RAMSINH PARMAR,,SILVASSA vs. THE INCOME TAX OFFICER,, VAPI

In the result, the appeals filed by the assessees (in ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.1235 & 1709/Ahd/2017 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Krishnakumar Ramsinh Parmar, The Income Tax Officer, Silvassa C-Twin Bunngalow 4, Manorath Ward-Silvassa. Vs. Residency, Gurudev Complex, Silvasa-396230. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acfpp2308B (Assessee) (Respondent) Chandrasinh Ramsinh Parmar, The Income Tax Officer, Silvassa Vs. Parmarwadi, Sayli Road, Silvassa, Ward-Silvassa. Dadra & Nagar Haveli-3962310. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aiypp9167F (Assessee) (Respondent) Assessee By : Shri Hiren R Vepari - Ca Respondent By : Ms Anupama Singla – Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 19/10/2020 घोषणाक"तार"ख/Date Of Pronouncement : 03/11/2020 आदेश / O R D E R Per Dr. A. L. Saini:

47) for the assessment year 2013-14 but charge of capital gain does not arise. The charge of capital gain arises when such stock-in- trade is sold. In other words, the Capital gain shall be computed on the assumption that the capital asset is transferred in assessment year 2013-14, however, by virtue of sub-section

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)

gains tax -Held, yes. Reliance is also placed on ratio of decision of Hon'ble Allahabad High Court in the case of CIT Vs. Carlton Hotel (P.) Ltd. [2017] 88 taxmann.com 257 wherein it is held as under: “Section 2(47), read with section 45, of the Income-tax Acts, 1961 – Capital

M/S. GLOBE TEXTILES,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1), NOW RE-DESIGNATED AS INCOME TAX OFFICER, WARD 1(2)(6),, SURAT

In the result, assessee’s appeal is allowed for statistical purposes

Bench: Shri Amarjit Singh & Ms. Madhumita Roym/S. Globe Textiles, Vs. Ito, 45-46, Hashimi Estate, Ward – 2(1), Udhna Main Road, Surat. Surat-394 210. [Pan No. Aacfg 2121 J] (Appellant) (Respondent) ..

section 143(3) of the Income Tax Act, 1961 (The Act) with the following grounds: 1. “On facts and circumstances of the case, the learned CIT(A) has grossly erred in confirming the action of the ld. ITO in not allowing the set off of the brought forward business and depreciation loss against the profit on sale of depreciable assets

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.”

Capital Gain. The facts regarding the tenancy right in the asset/property transferred by the assessee are duly recorded in the deed of conveyance dated 08.08.2007. The ld.AR of the assessee while making his submissions referred Clause 11, 20, 21, 25, 27 and 28 of conveyance deed dated 08.05.2007. The ld.AR further submits that u/s.2(47)(v) any transaction involving allowing

CHANDRASINH RAMSINH PARMAR,,DADRA & NAGAR HAVELI vs. THE INCOME TAX OFFICER, SILVASSA WARD,, VAPI

In the result the appeal of the assessee is partly allowed

capital gain under the provision of section 45(2) r.w.s. 2(47) and section 55(2)(b)(i) of the act. Therefore

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. They have also carried out number of search and surveys in the office premises of more than 32 Share broking entities, which accepted that they were actively involved in the bogus LTCS/STCL Scam. The Assessing Officer also discussed in the assessment order the features of penny stocks. The Assessing Officer also observed that assessee is one such beneficiary

SMT. NAYANABEN F. PATEL,SURAT vs. PR. COMMISSIONER OF INCOME TAX, SURAT-1, 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) Smt. Nayanaben F. Patel, Pr.C.I.T. 1, Indraprashtha Society, Surat-1, Vs. Nr. Puna Patiya, Magob, Surat. Surat-395010. Pan: Bhrpp 4706 K Appellant Respondednt

capital gain which clearly shows that the Assessing Officer applied his mind on the issue and passed the assessment order. If the ld. Pr.CIT is not agreeing with the assessment order which is change of opinion on the issue and no revision under Section 263 is permissible on merely change of opinion. The ld. AR of the assessee submits that

SHRI RATILAL KHUSHALDAS MALI,,NA vs. ARIVS.THE ACIT, NAVSARI CIRCLE,, NAVSARI

In the result, the appeal of the assessee for A

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

capital gain of Rs. 87,671 after claiming cost of acquisition of Rs.16,95 986 as on 01.04.1981 has been shown. However, the AO noted that the assessee has entered in to an oral agreement with M/s. Vijay Enterprise for development and sale of land after plotting and agreed to give commission @ 2% per sq. ft. to Vijay Enterprise

SHRI RATILAL KHUSHALDAS MALI,,NA vs. ARIVS.THE ACIT, NAVSARI CIRCLE,, NAVSARI

In the result, the appeal of the assessee for A

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

capital gain of Rs. 87,671 after claiming cost of acquisition of Rs.16,95 986 as on 01.04.1981 has been shown. However, the AO noted that the assessee has entered in to an oral agreement with M/s. Vijay Enterprise for development and sale of land after plotting and agreed to give commission @ 2% per sq. ft. to Vijay Enterprise

SHRI RATILAL KHUSHALDAS MALI,,NA vs. ARIVS.THE ACIT, NAVSARI CIRCLE,, NAVSARI

In the result, the appeal of the assessee for A

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

capital gain of Rs. 87,671 after claiming cost of acquisition of Rs.16,95 986 as on 01.04.1981 has been shown. However, the AO noted that the assessee has entered in to an oral agreement with M/s. Vijay Enterprise for development and sale of land after plotting and agreed to give commission @ 2% per sq. ft. to Vijay Enterprise

SHRI RATILAL KHUSHALDAS MALI,,NA vs. ARIVS.THE ACIT, NAVSARI CIRCLE,, NAVSARI

In the result, the appeal of the assessee for A

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.1637,2123,2125,2127/Ahd/2014 िनधा"रण वष"/Assessment Year:1994-95,1995-96,1996-97 & 1997-98 Shri Ratilal Khushaldas Mali, Assistant Commissioner Of बनाम Opp. Hanuman Temple, Mota Income Tax, Navsari Vs. Bazar, Navsari Circle- Navsari Pan: [Adbpm 3081 F] अपीलाथ" Appellant ""यथ"/Respondent Shri Hiren R. Vepari, Ca िनधा"रती क" ओर से /Assessee By राज"व क" ओर से /Revenue By Mrs. Anupama Singla, Sr.(Dr) सुनवाई क" तारीख/ Date Of Hearing: 04.12.2019 उ"ोषणा क" तारीख/Pronouncement On 11.12.2019

capital gain of Rs. 87,671 after claiming cost of acquisition of Rs.16,95 986 as on 01.04.1981 has been shown. However, the AO noted that the assessee has entered in to an oral agreement with M/s. Vijay Enterprise for development and sale of land after plotting and agreed to give commission @ 2% per sq. ft. to Vijay Enterprise

BHANUBEN RAMANBHAI SURATI(ALIAS PATEL) L/H OF LATE RAMANBHAI KESHAVBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD - 1, BARDOLI

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

capital gain during\nAY.2012-13 in the return of income as per section 2(47)(v) of the IT Act, hence

SMT. RASHMIBEN RAJESHBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(4),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer

SHRI NAVINBHAI JERAMBHAI PATEL L/H OF LATE JERAMBHAI VALABHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(2),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer

SHRI GANPATBHAI UKABHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(1),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer

SHRI RATILAL JERAMBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(4),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer

SHRI ISHVERBHAI DEVJIBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-4(1),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer

SHRI JAYESHBHAI PARBHUBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(1),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer

SHRI NAVINBHAI PARBHUBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(3),, SURAT

In the result, the corresponding ground of appeal is partly allowed

Bench: Shri Pawan Singh, Hon'Ble Jm & Dr. Arjun Lal Saini, Hon'Ble Am (Virtual Court Hearing) Sl.

47. 375/AHD/2015 Shri Naginbhai Narsinhbhai The Income Tax 2009-10 Patel Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(3), Surat. PAN: AAFHN4762B 48. 376/AHD/2015 Shri Ratilal Ukabhai Patel The Income Tax 2009-10 Village Hazira, Taluka Officer, choryasi, District Surat Ward-4(4), Surat. PAN: AQMPP1979P 49. 379/AHD/2015 Shri Dineshbhai Lallubhai The Income Tax 2010-11 Patel Officer