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 and further addition of Rs.2.6 Crore should not be made as per the provision of section 50C. The assessee

DHIRUBHAI NANJIBHAI KACHCHADIA,VAPI vs. INCOME TAX OFFICER, WARD-2, VAPI, VAPI

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Dhirubhai Nanjibhai Kachchadia, I.T.O. Ward-2, B-9/83, Near Ambaji Temple, Vapi. Vs. Haria Hospital Road, Gidc, Vapi (Gujarat)-396395. Pan No. Acppk 1953 R Appellant/ Respondent Respondent/ Assessee

capital gain of Rs. 2.68 crores in the assessment order dated 24/12/2018 passed under Section 143(3) r.w.s. 147 of the Act. 4. Aggrieved by the additions and reopening, the assessee filed appeal before the ld. CIT(A). Before the ld. CIT(A), the assessee challenged the validity of reopening, invocation of Section 50C

VISHNUBHAI CHELABHAI PATEL,SURAT vs. PCIT, SURAT-1, SURAT, SURAT

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

Bench: Shri Pawan Singh & Shri Bijayananda Pruseth(Physical Hearing) Vishnubhai Chelabhai Patel, Pr.C.I.T.,Surat-1, F-19, Divya Jyoti Apartment, Surat. Vs. Samul Dairy Road, Alkapuri, Surat-395008 (Gujarat) Pan No. Adipp 4007 B Appellant/ Assessee Respondent/ Revenue

Section 50C for computing correct capital gain. The ld. Pr.CIT also worked out the capital gain in his show cause

PANKAJBHAI HATHIBHAI PATEL,AHMEDABAD vs. INCOME TAX OFFICER, WARD-6(3), , SURAT

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकरअपील सं./Ita No.589/Srt/2019 (िनधा"रण वष" / Assessment Year: (2011-12) (Physical Court Hearing) Pankajbhai Hathibhai Patel Income Tax Officer, 112, Sangath Mall 1, Ward-6(3), Surat Vs. Opp. Govt. Engineering College, Motera, Ahmedabad-380005 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aazpp 0099 B (अपीलाथ" /Appellant ) (""थ" /Respondent)

capital gain by invoking section 50C. This issue already has been decided by me in appeal no. CIT(A)Surat

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

50C of the act on the basis of valuation officer report, the assessing officer determined long term capital gain after reducing Rs. 67,58,003/-which the assessee has already disclosed as long term capital gain. On the analysis of the provisions of section

DARSHINI AMIT SHARMA,DAMAN vs. INCOME TAX OFFICER, WARD, DAMAN, DAMAN

In the result, the appeal of the assessee is allowed

Section 50C is. In terms of this provision, if the property is sold\nbelow the stamp duty valuation rate, which is often called circle rate, this stamp\nduty valuation report is assumed as sale consideration for the property in\nquestion, and, accordingly, 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

capital gain, based on the facts and legal provisions of the case.\nOn the facts and circumstances of the case as well as law on the subject, the\nlearned Assessing Officer has also made an error in invoking section 50C

SHRI JIVRAJBHAI KALUBHAI MIYANI,SURAT vs. INCOME TAX OFFICER, WARD 3(3)(2), SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Shri Jivrajbhai Kalubhai Miyani, I.T.O., A/31, 32 Ramdevpir Nagar, Ward 3(3)(2), Vs. Varachha Road, Varachha, Surat. Surat-395006. Pan No. Aempm 3134 P Appellant/ Assessee Respondent/ Revenue Shri Laljibhai Kalubhai Miyani, I.T.O., 83, Shirdidham Society, Hira Ward 3(3)(5), Vs. Baug, Varachha Road, Surat. Surat-395006. Pan No. Ablpp 5096 K Appellant/ Assessee Respondent/ Revenue

Section 50C of the Act for the alleged deemed Capital Gain, without appreciating the crucial and relevant evidences furnished to establish

SHRI LALJIBHAI KALUBHAI MIYANI,SURAT vs. INCOME TAX OFFICER, WARD 3(3)(5), SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Physical Hearing) Shri Jivrajbhai Kalubhai Miyani, I.T.O., A/31, 32 Ramdevpir Nagar, Ward 3(3)(2), Vs. Varachha Road, Varachha, Surat. Surat-395006. Pan No. Aempm 3134 P Appellant/ Assessee Respondent/ Revenue Shri Laljibhai Kalubhai Miyani, I.T.O., 83, Shirdidham Society, Hira Ward 3(3)(5), Vs. Baug, Varachha Road, Surat. Surat-395006. Pan No. Ablpp 5096 K Appellant/ Assessee Respondent/ Revenue

Section 50C of the Act for the alleged deemed Capital Gain, without appreciating the crucial and relevant evidences furnished to establish

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

In the result, this ground is allowed for statistical purposes

Bench: Shri Pawan Singh & Shri Bijayananda Pruseth

gain was increase on the basis of deeming fiction of Section 50C, the Assessing Officer ought to have allowed higher deduction under section 54F of the Act on proportionate basis due to increase in the figure of capital

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

50C", "45", "48" ], "issues": "Whether the reopening of assessment under section 148 and passing of ex-parte order under section 144 were justified, and whether the addition of capital gains

VASUBEN NATWERLAL PATEL,SURAT vs. ITO, OLD WARD-1(3)(9) NEW WARD- 1(2)(6), SURAT

In the result, Ground No. 1 is allowed for statistical\npurpose and ground No

gains and to allow deduction under section 54, subject to verification.", "result": "Partly Allowed", "sections": [ "54", "54F", "143(3)", "147", "50C", "2(14)" ], "issues": "Disallowance of claim under section 54 and determination of the cost of acquisition as on 01.04.1981 for capital

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 gains in AY 2012-13 based on a development agreement. However, the AO invoked Section 50C of the IT Act, considering

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

50C", "45", "48" ], "issues": "Whether the reopening of assessment under section 147 and ex-parte order under section 144 were justified; and whether the addition of sale consideration as long-term capital gains

DIYA FABRICS,SURAT vs. INCOME TAX OFFICER, WARD 1(2)(1), SURAT

In the result, while appeal of the assessee is allowed, appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.355/Srt/2022 "नधा"रण वष"/Assessment Year: (2014-15) (Physical Hearing) Diya Fabrics, Vs. The Ito, 1418, Kohinoor Market, Ring Road, Ward-1(2)(1), Surat. Surat – 395002. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aajfd3658A

Section 50C and 54D(1) which specifically provides that capital gains from, transfer by way of compulsory acquisition under any law of capital

RUPAL DEVANG NAIK ,NA vs. ARIVS.ITO, WARD-4, NAVSARI

In the result, the appeal of the assessee is treated as allowed for statistical\npurposes

capital gain, based on the facts and legal provisions of the case.\n4. On the facts and circumstances of the case as well as law on the subject, the\nlearned Assessing Officer has also made an error in invoking section 50C

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

HARIVADANBHAI MAGANLAL PATEL,SURAT vs. INCOME TAX OFFICER, WARD 1(3)(7), SURAT

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

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

section 50C of the Act, 1961. The disallowance of 50C of the Act is held to be justified and the addition of Rs. 1,17,90,250/- on account of Long Term Capital Gain

KANCHANBEN MAHESHBHAI PATEL,SURAT vs. ITO, WARD-2, BARDOLI

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.506/Srt/2024 Assessment Year: (2012-13) (Physical Hearing) Kanchanben Maheshbhai Patel, Vs. The Ito, 170, Tarsada Bar, Al Mandvi, Surat – Ward – 2, 394160 Bardoli "थायीलेखासं./जीआइआरसं./Pan/Gir No: Bkipp5896G (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Mukesh Jain, Sr. Dr Date Of Hearing 06/01/2025 Date Of Pronouncement 11/02/2025

section 50C to compute the capital gain on sale of agriculture land which is not capital asset within the meaning