JERAMBHAI BHAGVANBHAI GOHIL,VARACHHA, SURAT vs. INCOME TAX OFFICER, WARD 3(3)(2), SURAT

In the result, appeal of the assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member)

capital gains of his share and claimed exemption 54B of the Act for purchase of new residential house. The Assessing Officer was of the view that for claiming deduction under section

NAVINCHANDRA K. PATEL,SURAT vs. PRINCIPLE COMMISSIONER OF INCOME TAX -1 , SURAT, 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.57/Srt/2021 Assessment Year: (2015-16) (Physical Court Hearing) Navinchandra K. Patel, Vs. The Pcit-1, Surat. 5, Kaaliytawadi Faliya, At Post Saniya Hemad, Surat-395006. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Birpp6292D (Appellant) (Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Ritesh Mishra, Cit(Dr) Date Of Hearing 02/02/2023 10/02/2023 Date Of Pronouncement आदेश / O R D E R Per Dr. A. L. Saini, Am: Captioned Appeal Filed By Assessee, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Passed By The Learned Principal Commissioner Of Income Tax, Surat (In Short “Ld. Pcit”], Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”), Dated 31.03.2021. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Commissioner Of Income-Tax Has Erred In Passing Revisionary Order U/S 263 Of The I.T. Act Setting Aside The Order Of Ld. Assessing Officer Passed U/S 143(3) Of The Act Dated 24.11.2017 For The Year Under Consideration Although Said Order Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Commissioner Of Income-Tax Has Erred In Observing That Order Passed By Assessing Officer U/S 143(3) Of The Act Is Erroneous On The Ground That Indexed Cost Of Acquisition Of Property Is Under Assessed By Rs.2,12,58,035/-. 3. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Pr. Commissioner Of Income-Tax Has Erred In Observing That Order

Capital Gain and deduction under section 54B and 54F of the Act. 11. Aggrieved by the order of Ld. PCIT

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

capital gain and claimed deduction under Section 54B of the Act against such capital gain. On further perusal of record

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

capital gain and claimed deduction under Section 54B of the Act against such capital gain. On further perusal of record

THE ITO, WARD-3(2)(3),, SURAT vs. SHRI RAMESHBHAI VALLABHBHAI GAJERA,, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.1522/Ahd/2017 Assessment Year: (2012-13) (Physical Court Hearing) The Ito, Ward-3(2)(3), Vs. Rameshbhai Vallabhbhai Gajera, Surat. 153, Vaikunthdham Society, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abapg3846B (Appellant)/(Revenue) (Respondent)/(Assessee) Assessee By Shri Rasesh Shah, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) Date Of Hearing 05/01/2023 Date Of Pronouncement 24/01/2023

Capital Gain by making his own inferences and without giving an opportunity to Assessing officer of being heard even though he, himself accepted that the assessee misled the Assessing officer during the assessment proceeding by making faulty representation. 3. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition

SMT.URMILABEN NAGINBHAI PATEL,SURAT vs. INCOME TAX OFFICER WARD-2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

capital gain in I.T.A.No. 12 to 15 & 260/SRT/2017/A.Y. 14-15 Page 11 of 14 the hands of the assessee. Accordingly, Ground No. 1 to 3 of appeal are allowed. 10. Ground No. 4 relates to non-admission of claim of deduction under section 54B

SHRI SATYADEV NAGINBHAI PATEL,SURAT vs. INCOME TAX OFFICER WARD-2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

capital gain in I.T.A.No. 12 to 15 & 260/SRT/2017/A.Y. 14-15 Page 11 of 14 the hands of the assessee. Accordingly, Ground No. 1 to 3 of appeal are allowed. 10. Ground No. 4 relates to non-admission of claim of deduction under section 54B

SMT. JYOTIBEN VINODBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD 2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

capital gain in I.T.A.No. 12 to 15 & 260/SRT/2017/A.Y. 14-15 Page 11 of 14 the hands of the assessee. Accordingly, Ground No. 1 to 3 of appeal are allowed. 10. Ground No. 4 relates to non-admission of claim of deduction under section 54B

SHRI TEJASH VINODBHAI PATEL,SURAT vs. INCOME TAX OFFICER WARD 2(3)(6), SURAT

In the result, the appeal of the all five assessee are allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.12 To 15 & 260/Srt/2017 िनधा"रण वष"/Assessment Year:2014-15 1. Shri Tejas Dineshbhai Patel, 2. Income Tax X, Moti Fali, Pal Gam Surat Officer, Ward- Pan:Bgdpp 4514 L 2(3)(6) Surat 2. Smt. Urmilaben Naginbhai 2. Income Tax Patel, Officer, Ward- 156, Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan:Bexpp 8659E 3. Shri Harishkumar Naginbhai 3. Income Tax Patel, Officer, Ward- Moti Falia, Pal Gam Surat 2(3)(6) Surat Pan: Bdapp 4551 R 4. Shri Satyadev Naginbhai, 4. Income Tax Patel,156 Moti Falia, Pal Gam Officer, Ward- Surat 2(3)(6) Surat Pan:Acvpp 3650Q 5. Smt. Jyotiben Vinodbhai 5. Income Tax Patel, Officer, Ward- X Moti Fali, Pal Gam, Surat 2(3)(6) Surat Pan: Bgdpp4516 J अपीलाथ" Appellant ""यथ"/Respondent

capital gain in I.T.A.No. 12 to 15 & 260/SRT/2017/A.Y. 14-15 Page 11 of 14 the hands of the assessee. Accordingly, Ground No. 1 to 3 of appeal are allowed. 10. Ground No. 4 relates to non-admission of claim of deduction under section 54B

KRISTINA NATHABHAI KRICHCHAN,SURAT vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-2(3), 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.349/Srt/2022 "नधा"रण वष"/Assessment Year: (2016-17) (Physical Hearing) Kristina Nathabhai Krichchan, Vs. The Dcit, Circle-2(3), 2/4, Zankhana Apartment, Surat. 21 Narmad Nagar Society, Athwalines, Surat – 395001. (Assessee) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Dwipk2888D Assessee By Shri P. M. Jagasheth, Ca Respondent By Shri Ashok B. Koli, Cit(Dr) 10/05/2023 Date Of Hearing Date Of Pronouncement 26/06/2023

section 54B contemplates sale of agricultural land in the first instance and subsequent to such sale, purchase of similar agricultural land with the aid of the consideration received thereunder to enable the assessee to claim exemption for the purpose of computing the income tax on capital gains

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

capital gain by taking value of land as on 01.04.1981 @ Rs. 60/- per square meter and on the date of sale of land @ Rs. 1760/- per square meter. In the result, ground No. 1 to 3 are partly allowed. 10. Ground No.4 relates to deduction under Section 54B

DHARMESH KANUBHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD-2(3)(1), AAYKAR BHAVAN, MAJURA GATE, SURAT, SURAT

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

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No. 173/Srt/2024 (Ay 2014-15) (Physical Court Hearing) Dharmesh Kanubhai Patel Income Tax Officer, Ward- 59, Patel Street, At Post Kosad, 2(3)(1), Surat, Aaykar Bhavan, बनाम Tal-Choryasi, Dist. Majura Gate, Surat-395001 Vs Surat-394 107 [Pan : Ascpp 6161 F] अपीलाथ"/Appellant ""थ" /Respondent

section 54B, which was not raised Assessing Officer or before Ld.CIT(A). The assessee has invested capital gain in purchase

BHARATKUMAR L. TEJANI,SURAT vs. ITO, WARD 3(3)(1), SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) I.T.O., Shri Bharatkumar Laljibhai Tejani, Ward-3(3)(1), 286, Vithal Nagar Society, Vs. Surat. Near Hira Baugh Circle, Varacha Road, Surat-395006. Pan: Ahbpt 5143 P Appellant Respondednt Shri Bharatkumar Laljibhai I.T.O., Tejani, Ward-3(3)(1), Vs. 286, Vithal Nagar Society, Surat. Near Hira Baugh, Varacha Road, Surat-395006. Pan: Ahbpt 5143 P Appellant Respondednt

capital gain of Rs. 3.89 crores after availing indexation. The assessee also claimed deduction under Section 54B of the Income

ITO, WARD 3(3)(1), SURAT vs. BHARATKUMAR LALJIBHAI TEJANI, SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) I.T.O., Shri Bharatkumar Laljibhai Tejani, Ward-3(3)(1), 286, Vithal Nagar Society, Vs. Surat. Near Hira Baugh Circle, Varacha Road, Surat-395006. Pan: Ahbpt 5143 P Appellant Respondednt Shri Bharatkumar Laljibhai I.T.O., Tejani, Ward-3(3)(1), Vs. 286, Vithal Nagar Society, Surat. Near Hira Baugh, Varacha Road, Surat-395006. Pan: Ahbpt 5143 P Appellant Respondednt

capital gain of Rs. 3.89 crores after availing indexation. The assessee also claimed deduction under Section 54B of the Income

SHRI NARANBHAI G. AHIR,SURAT vs. INCOME TAX OFFICER, WARD -2(3)(6), SURAT

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

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.379/Srt2017 िनधा"रण वष"/Assessment Year:2013-14 Shri Naranbhai Govindbhai V. Income Tax Officer, Ahir, Ward- 2(3)(6) Surat 144 Ambawadi , Sultanbad Choryasi Surat Pan: Awtpa 6173F अपीलाथ" Appellant ""यथ"/Respondent

capital gain in the hands of the assessee. Accordingly, Ground No. 1 and 2 of appeal are allowed. Naranbhai G Ahir v. ITO-WD-2(3)(6) Surat/ I.T.A.No. 379/SRT/2017/A.Y. 13-14 Page 9 of 12 8. Ground No. 3: is not pressed before us by the learned counsel for the assessee, ex-consequenti, it is treated as dismissed

SUKHABHAI DAYALBHAI PATEL,SURAT vs. ITO, WARD 2(3)(6), SURAT

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

Bench: Shri Siddhartha Nautiyal & Shri Bijayananda Pruseth

capital gain of ₹1,19,64,507/-. The assessee argued that the property was sold for ₹8 lakhs, supported by a report from a registered valuer, and also claimed exemption under section 54B

SHRI RAVJIBHAI BECHARBHAI DHAMELIYA,,SURAT vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, -1, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita Nos.110/Srt/2022 (िनधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Bhikhabhai Rajabhai Dhameliya Principal Commissioner Of 13, Krishnanagar Society, Income Tax-1, Surat, Aaykar Vs. Varachha Road, Surat-395006 Bhavan, Majuira Gate, Surat- 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aappd 7018 L (अपीलाथ" /Appellant) (""थ" /Respondent)

capital gain of Rs.1,99,09,516/-. The said amount of Rs.1,99,09,516/-, has been claimed as deduction u/s 54B of the Act, against purchase of agriculture land at Block No.119 and 122/2, Vill, Laskana, Taluka- Kamrej, Surat of Rs.84,30,475/- and Rs.1,33,55,437/- respectively totaling of Rs.2,17,85,912/-. Further scrutiny

DAKSHABEN SHAILESH DHAMELIYA,SURAT vs. THE PCIT-1, SURAT, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकर अपीलसं./Ita Nos.110/Srt/2022 (िनधा"रणवष" / Assessment Year: (2017-18) (Physical Court Hearing) Bhikhabhai Rajabhai Dhameliya Principal Commissioner Of 13, Krishnanagar Society, Income Tax-1, Surat, Aaykar Vs. Varachha Road, Surat-395006 Bhavan, Majuira Gate, Surat- 395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aappd 7018 L (अपीलाथ" /Appellant) (""थ" /Respondent)

capital gain of Rs.1,99,09,516/-. The said amount of Rs.1,99,09,516/-, has been claimed as deduction u/s 54B of the Act, against purchase of agriculture land at Block No.119 and 122/2, Vill, Laskana, Taluka- Kamrej, Surat of Rs.84,30,475/- and Rs.1,33,55,437/- respectively totaling of Rs.2,17,85,912/-. Further scrutiny