ACIT, CIR-1(3), SURAT vs. SHRI RAJESHKUMAR ARJANBHAI VEKARIA, SURAT

In the result, the grounds of appeal raised by the revenue are dismissed

Bench: Shri Pawan Singhआ.अ.सं./Ita No.339/Srt/2022 (Ay 2014-15) (Hearing In Physical Court) Assistant Commissioner Of Shri Rajeshkumar Income Tax, Circle-1(3), Arjanbhai Vekaria, Vs Surat, Room No.301, 503, Trade Centre, 3Rd Floor, Anavil Business Ring Road, Centre, Hajira Road, Adajan, Surat-395007 Pan No: Acopv 1228 P Surat-395009 अपीलाथ"/Appellant ""थ" /Respondent

disallowing the set off of short term capital loss on sale of shares scrips against the short term & long term capital gain

KETAN N. SHAH (HUF) ,VAPI vs. THE INCOME TAX OFFICER, WARD-5, VAPI

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

Bench: Shri Pawan Singh, Hon'Ble & Shri Arjun Lal Saini, Hon'Bleआ.अ.सं./I.T.A No.321/Srt/2018,िनधा"रणवष"/Assessment Year: 2013-14 (Virtual Court) Ketan N. Shah (Huf), Vs. The Income Tax Officer, Plot No.275, Usha Hospital & Life Ward -5, Vapi. Science Charitable Trust, Near Cine Park, Chanod, Vapi – 396195. [Pan: Aahhk 4703 R] अपीलाथ" / Appellant ""यथ"/Respondent Shri Hardikvora– Ar िनधा"रतीक"ओरसे /Assessee By Smt. Anupama Singla – Sr.Dr राज"वक"ओरसे /Revenue By सुनवाई क" तारीख/ Date Of Hearing: 20.10.2020 उ"ोषणा क" तारीख/Pronouncement On: 20.10.2020 आदेश /O R D E R Per Pawan Singh, Judical Memebr: 1. This Appeal By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-1 [“Cit(A)” ], Valsad, State Of Gujarat,Dated 27.03.2018 For The Assessment Year 2013-14.This Appeal Was Initially Adjudicated Vide Order Dated 31.07.2019. However, The Order Was Recalled Vide Order Dated 02.01.2020 In Ma No.59/Srt/2019, Thus, In The Aforesaid Background, The Appeal Was Heard Afresh.The Assessee Raised The Following Grounds Of Appeal:

Short Term Capital Gain in place of Long Term Capital Gain. The AR of the assessee submits that assessee sold shares of KHCPL for a total consideration of Rs.2.13 crores and declared LTCG of Rs.1.98 crore. The assessee held those shares for more than 12 months. The assessee claimed exemption of Rs.1.76 crore by investing/depositing the amount in capital gain

R.S. TRADELINK PVT.LTD.,SURAT vs. THE ACIT.,CIRCLE-4,, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.2130/Ahd/2014 ("नधा"रणवष" / Assessment Year: (2008-09) (Virtual Court Hearing) M/S. R.S. Tradelink Pvt. Ltd., Vs. The Assistant Commissioner Plot No.17, Magdalla Port Road, Of Income Tax, Circle-4, Surat. Magdalla, Surat-395007. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcr6607A (Assessee) (Respondent)

short “the ld. CIT(A)”] in Appeal No. CAS-II/189/2013-14 dated 08.05.2014, which in turn arises out of penalty order passed by the Assessing Officer under section 271(1)(c) of the Income Tax Act, 1961 [hereinafter referred to as the “Act”]. The grievances raised by the assessee are as follows: “1. On facts and circumstance of the case

SMT. MUKTABEN NISHANTBHAI PATEL,ANKLESHWAR vs. INCOME TAX OFFICER WARD -2(2), BHARUCH

In the result, the appeals filed by the assessee (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

disallowing the exemption of Rs.20,76,924/- claimed by assessee u/s.10(38) on account of Long-Term Capital Gain and treating it as the accommodation entry and thereby making addition u/s. 68 of the Act. (3). On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals) has erred

SHRI NISHANT KANTILAL PATEL,BHARUCH vs. INCOME TAX OFFICER, WARD-2(2), BHARUCH

In the result, the appeals filed by the assessee (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

disallowing the exemption of Rs.20,76,924/- claimed by assessee u/s.10(38) on account of Long-Term Capital Gain and treating it as the accommodation entry and thereby making addition u/s. 68 of the Act. (3). On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals) has erred

SHRI NISHANT KANTILAL PATEL,BHARUCH vs. INCOME TAX OFFICER, WARD-2(2), BHARUCH

In the result, the appeals filed by the assessee (In ITA No

Bench: Shri Pawan Singh, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.05 & 06/Srt/2019 ("नधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Nishantkantilal Patel, Vs. Income Tax Officer, 9, Uma Park Society, Near Uma Ward-2(2), Bharuch. Bhavan, Bharuch-393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Amepp2505R (Assessee) (Respondent) Smt Muktabennishantbhai Patel, Vs. Income Tax Officer, 9-10, Patel Kubj, Uma Park Society, B/H Ward-2(2), Bharuch. Uma Bhavan, Old Nh No.8, Gidc, Zadeshwar, Ankleshwar -393002. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Binpp5922N (Assessee) (Respondent) आयकरअपीलसं./Ita Nos.07 & 10/Srt/2019 ("नधा"रणवष" / Assessment Year: (2014-15)

disallowing the exemption of Rs.20,76,924/- claimed by assessee u/s.10(38) on account of Long-Term Capital Gain and treating it as the accommodation entry and thereby making addition u/s. 68 of the Act. (3). On the facts and circumstances of the case as well as law on the subject, the learned Commissioner of Income Tax (Appeals) has erred

SHRI PANKAJ KISHORCHANDRA DESAI,SURAT vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, , SURAT

In the result, the appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A.L. Saini, Am आयकरअपीलसं./Ita No.303/Srt/2018 (िनधा"रणवष" / Assessment Year: (2013-14) (Virtual Court Hearing) Shri Pankaj Kishorchandra Desai Principal Commissioner Of Income- Tax-1, Aayakar Bhavan, Room No. 401, Vishal Society, Vidhya Vihar Vs. 123, Majura Gate, Surat Society, Jamnagar, Surat-395001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abgpd 9704 M (Appellant ) (Respondent)

short], has exercised his jurisdiction under section 263 of the Income Tax Act, 1961. On verification of record, it was noticed by ld PCIT that assessee has claimed carry forward of long term capital loss of Rs.10,39,439/- of assessment year 2013-14 along with previous year brought forward loss of Rs.16,11,359/- relevant to assessment years

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)

short’ dated 22.02.2019, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) of the Income Tax Act, 1961 [hereinafter referred to as the “Act”] dated 29.12.2017. 2. Grounds of appeal raised by the assessee are as follows: “(I) Addition of Rs.2,44,28,561 as Long Term Capital Gains

KALUBHAI DULABHAI GOLAVIYA,SURAT vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, , SURAT

In the result, ground raised by the assessee is allowed

Bench: Shri Pawan Singh, Jm &Dr. A.L.Saini, Am आयकर अपीलसं./It(Ss)A No.15 & Ita No.619/Srt/2018 (िनधा"रणवष" / Assessment Years: (2011-12 &2014-15) (Virtual Court Hearing) Shri Kalubhai Dulabhai Golaviya Deputy Commissioner Of Income-Tax, B/1-2, Jalaram Society, B/H. Central Circle-2, Aaykar Bhavan, Vs. Gurunagar Society, Varachha Majura Gate, Surat-395001 Road, Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ablpp 5116 A (अपीलाथ" /Appellant) (""थ" /Respondent)

short) u/s 143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide orders dated 20.03.2015 and 26.12.2016 respectively. 2. Since both these appeals relate to one assessee, identical and common issues are involved, therefore these appeals have been clubbed and heard together and a consolidated order is being passed for the sake

SHREE SALASAR SAREES,SURAT vs. ITO, WARD 1(2)(6), SURAT

In the result, the appeal of the assessee is partly allowed for statical purpose

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.1154/Srt/2024 Assessment Year: (2015-16) (Hybrid Hearing) Shree Salasar Sarees Vs. Ito, D-1401, Raghukul Textile Market, Ward – 1(2)(6), Ring Road, Surat – 395002 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Abqfs5653Q (Appellant) (Respondent) Appellant By Shri Mehul Shah, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 07/08/2025 Date Of Pronouncement 04/11/2025

short- term capital gain instead of long-term capital loss claimed by the assessee. In addition to this, the AO also requested the assessee to furnish the evidence of expenses claimed amounting to Rs.9,25,000/- towards the cost of improvement and transfer expenses claimed. The AO subsequently, made the disallowance

MUKESH ARVINDLAL VAKHARIA,SURAT vs. ITO, WARD 2(3)(3), SURAT

Appeal is partly allowed for statistical purposes

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.491/Srt/2019 "नधा"रण वष"/Assessment Year: (2014-15) (Physical Hearing) Mukesh Arvindlal Vakharia, Vs. The Ito, Ward-2(3)(3), C/O Arvind Silk Mills, Om Baug, Ashvini Surat. Kumar Road, Surat - 395006. (Appellant) (Respondent) "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abcpv1682L

short “the ld. CIT(A)”], dated 12.09.2019, which in turn arises out of an assessment order passed by Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), dated 29.03.2023. 2. The grounds of appeal raised by the assessee are as follows: “1. That the CIT(A) erred in confirming disallowance

ARUN KUMAR GUPTA, DCIT, CIRCLE-1(3), SURAT, ADAJAN vs. CHUNIBHAI HARIBHAI GAJERA, ADARSH NAGAR SOCIETY

In the result, the appeal of the revenue is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.778 & 779/Srt/2023 Assessment Years: (2013-14 & 2014-15) (Physical Hearing) Dcit, Vs. Chunibhai Haribhai Gajera, Circle - 1(3), 67, Adarsh Nagar Society, Athwalines, Surat Surat - 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aawpg3525A (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mukesh Jain, Cit-Dr Respondent By Shri Rasesh Shah, Ca Date Of Hearing 03/09/2025 Date Of Pronouncement 17/11/2025

disallowance of commission of Rs.9,17,667/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the request of the assessee to covert his unaccounted income in the form of fictitious Long Term Capital Gains of Rs.4,58,83,371/- and claim bogus exemption? iv) On the facts and in the circumstances

ARUN KUMAR GUPTA, DCIT, CIRCLE-1(3), SURAT, ADAJAN vs. CHUNIBHAI HARIBHAI GAJERA, ADARSH NAGAR SOCIETY

In the result, the appeal of the revenue is dismissed

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.778 & 779/Srt/2023 Assessment Years: (2013-14 & 2014-15) (Physical Hearing) Dcit, Vs. Chunibhai Haribhai Gajera, Circle - 1(3), 67, Adarsh Nagar Society, Athwalines, Surat Surat - 395 001 "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aawpg3525A (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mukesh Jain, Cit-Dr Respondent By Shri Rasesh Shah, Ca Date Of Hearing 03/09/2025 Date Of Pronouncement 17/11/2025

disallowance of commission of Rs.9,17,667/- purportedly incurred by the assessee towards payment to brokers who allegedly entered into the share transactions at the request of the assessee to covert his unaccounted income in the form of fictitious Long Term Capital Gains of Rs.4,58,83,371/- and claim bogus exemption? iv) On the facts and in the circumstances

SATHAIYA GANAPATHY,PUDUKOTTAI vs. ITO, WARD 1 , BARDOLI

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.329 & 330/Srt/2025 Assessment Years: (2015-16) (Physical Hearing) Sathaiya Ganapathy, Vs. Ito, Ts No.4114, South 3 Rd Street, Ward – 1, Pukukottai, Tamil Nadu - 622001 Bardoli "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ahbpg2414Q (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mayank A. Ogriwala, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 26/11/2025

short term capital gain from share transaction instead of 15% applicable rate u/s. 111A of Income Tax Act. Your appellant further reserves his right to add, alter or to amend any of the aforesaid grounds at the time of hearing of an appeal and all the above grounds are without prejudice to each other. 3. The grounds of appeal raised

SATHAIYA GANAPATHY,PUDUKOTTAI vs. ITO, WARD 1, BARDOLI

In the result, the appeals of the assessee are partly allowed for statistical purposes

Bench: Shri Dinesh Mohan Sinha & Shri Bijayananda Prusethआयकर अपील सं./Ita No.329 & 330/Srt/2025 Assessment Years: (2015-16) (Physical Hearing) Sathaiya Ganapathy, Vs. Ito, Ts No.4114, South 3 Rd Street, Ward – 1, Pukukottai, Tamil Nadu - 622001 Bardoli "थायीलेखासं./जीआइआरसं./Pan/Gir No: Ahbpg2414Q (अपीलाथ"/Appellant) (""थ" /Respondent) Appellant By Shri Mayank A. Ogriwala, Ca Respondent By Shri Ajay Uke, Sr. Dr Date Of Hearing 02/09/2025 Date Of Pronouncement 26/11/2025

short term capital gain from share transaction instead of 15% applicable rate u/s. 111A of Income Tax Act. Your appellant further reserves his right to add, alter or to amend any of the aforesaid grounds at the time of hearing of an appeal and all the above grounds are without prejudice to each other. 3. The grounds of appeal raised

SHRI JIGNESHBHAI KISHORBHAI BHAJIYAWALA ( HUF),,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1),, SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Jigneshbhai Kishorbhai I.T.O., Bhajiyawala (Huf), Ward-2(1), Vs. Kamal Plot No. 40-41, Surat. Gayatri Co-Op. Housing Society, Udhna, Surat-394210. Pan : Aachj 5976 L Appellant Respondednt Jasmine Vilasbhai Bhajiyawala, I.T.O., Kamal Plot No. 40-41, Ward-2(1), Vs. Gayatri Co-Op. Housing Society, Surat. Udhna, Surat-394210. Pan : Afypb 3864 L Appellant Respondednt Varshaben Jigneshbhai Bhajiyawala, I.T.O., Kamal Plot No. 40-41, Ward-2(1), Vs. Gayatri Co-Op. Housing Society, Surat. Udhna, Surat-394210. Pan : Aejpb 1315 C Appellant Respondednt Vilash Kishorbhai Bhajiyawala I.T.O., (Huf), Ward-2(1), Vs. Kamal Plot No. 40-41, Surat. Gayatri Co-Op. Housing Society, Udhna, Surat-394210. Pan : Aaehv 2621 L Appellant Respondednt

short term capital gains by disregarding the evidence of notarized possession-cum- satakhat dated 14/02/2007. (3) On the facts and circumstances of the case, the appellant submits that her appeal may be allowed. (4) The CIT(A) further erred in treating sale of property at Salabatpura to be of “not residential” in nature while the appellant gave clear evidence that

SMT. VARSHABEN JIGNESHBHAI BHAJIYAWALA,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1),, SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Jigneshbhai Kishorbhai I.T.O., Bhajiyawala (Huf), Ward-2(1), Vs. Kamal Plot No. 40-41, Surat. Gayatri Co-Op. Housing Society, Udhna, Surat-394210. Pan : Aachj 5976 L Appellant Respondednt Jasmine Vilasbhai Bhajiyawala, I.T.O., Kamal Plot No. 40-41, Ward-2(1), Vs. Gayatri Co-Op. Housing Society, Surat. Udhna, Surat-394210. Pan : Afypb 3864 L Appellant Respondednt Varshaben Jigneshbhai Bhajiyawala, I.T.O., Kamal Plot No. 40-41, Ward-2(1), Vs. Gayatri Co-Op. Housing Society, Surat. Udhna, Surat-394210. Pan : Aejpb 1315 C Appellant Respondednt Vilash Kishorbhai Bhajiyawala I.T.O., (Huf), Ward-2(1), Vs. Kamal Plot No. 40-41, Surat. Gayatri Co-Op. Housing Society, Udhna, Surat-394210. Pan : Aaehv 2621 L Appellant Respondednt

short term capital gains by disregarding the evidence of notarized possession-cum- satakhat dated 14/02/2007. (3) On the facts and circumstances of the case, the appellant submits that her appeal may be allowed. (4) The CIT(A) further erred in treating sale of property at Salabatpura to be of “not residential” in nature while the appellant gave clear evidence that

SHRI VILAS KISHORBHAI BHAJIYAWALA (HUF).,SURAT vs. THE INCOME TAX OFFICER, WARD-2(1),, SURAT

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Jigneshbhai Kishorbhai I.T.O., Bhajiyawala (Huf), Ward-2(1), Vs. Kamal Plot No. 40-41, Surat. Gayatri Co-Op. Housing Society, Udhna, Surat-394210. Pan : Aachj 5976 L Appellant Respondednt Jasmine Vilasbhai Bhajiyawala, I.T.O., Kamal Plot No. 40-41, Ward-2(1), Vs. Gayatri Co-Op. Housing Society, Surat. Udhna, Surat-394210. Pan : Afypb 3864 L Appellant Respondednt Varshaben Jigneshbhai Bhajiyawala, I.T.O., Kamal Plot No. 40-41, Ward-2(1), Vs. Gayatri Co-Op. Housing Society, Surat. Udhna, Surat-394210. Pan : Aejpb 1315 C Appellant Respondednt Vilash Kishorbhai Bhajiyawala I.T.O., (Huf), Ward-2(1), Vs. Kamal Plot No. 40-41, Surat. Gayatri Co-Op. Housing Society, Udhna, Surat-394210. Pan : Aaehv 2621 L Appellant Respondednt

short term capital gains by disregarding the evidence of notarized possession-cum- satakhat dated 14/02/2007. (3) On the facts and circumstances of the case, the appellant submits that her appeal may be allowed. (4) The CIT(A) further erred in treating sale of property at Salabatpura to be of “not residential” in nature while the appellant gave clear evidence that