DAMODAR JAJOO,SURAT vs. INCOME TAX OFFICER, WD.2(2)(1), SURAT

In the result, appeal filed by the assessee (in ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.183 To 184/Srt/2021 ("नधा"रणवष" / Assessment Years: (2011-12) (Physical Court Hearing) Damodar Jajoo, Vs. The Ito, Ward-2(2)(1), 429-432, Golden Point, Nr. Bsnl Surat. Office, Falsawadi, Ring Road, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawpj4341H (Assessee) (Respondent) आयकरअपीलसं./Ita No.185/Srt/2021 ("नधा"रणवष" / Assessment Year: (2012-13) Jasodadevi Rajaram Jajoo, Vs. The Ito, Ward-2(2)(2), 429-432, Golden Point, Ring Surat. Road, Falsawadi, Begampura, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqpj7257E (Assessee) (Respondent) Assessee By Ms Richa Tosniwal, Ca & Shri Harishankar Tosniwal, Ca Shri J. K. Chandnani, Sr. Dr Respondent By Date Of Hearing 21/11/2022 Date Of Pronouncement 09/12/2022

house property, Income from capital gain and income from other sources. During the scrutiny assessment, the assessing officer noted that Kolkata Investigation Directorate had undertaken investigation into 84 penny stocks and given detailed findings indication bogus LTCG/STCL and bogus loss entries claimed by large number of beneficiaries. The same has been received by assessing officer through 183 to 185/SRT/2021/AYs.2011-12

JASODADEVI RAJARAM JAJOO,SURAT vs. INCOME TAX OFFICER WD.-2(2)(2), SURAT

In the result, appeal filed by the assessee (in ITA No

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.183 To 184/Srt/2021 ("नधा"रणवष" / Assessment Years: (2011-12) (Physical Court Hearing) Damodar Jajoo, Vs. The Ito, Ward-2(2)(1), 429-432, Golden Point, Nr. Bsnl Surat. Office, Falsawadi, Ring Road, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aawpj4341H (Assessee) (Respondent) आयकरअपीलसं./Ita No.185/Srt/2021 ("नधा"रणवष" / Assessment Year: (2012-13) Jasodadevi Rajaram Jajoo, Vs. The Ito, Ward-2(2)(2), 429-432, Golden Point, Ring Surat. Road, Falsawadi, Begampura, Surat-395002, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaqpj7257E (Assessee) (Respondent) Assessee By Ms Richa Tosniwal, Ca & Shri Harishankar Tosniwal, Ca Shri J. K. Chandnani, Sr. Dr Respondent By Date Of Hearing 21/11/2022 Date Of Pronouncement 09/12/2022

house property, Income from capital gain and income from other sources. During the scrutiny assessment, the assessing officer noted that Kolkata Investigation Directorate had undertaken investigation into 84 penny stocks and given detailed findings indication bogus LTCG/STCL and bogus loss entries claimed by large number of beneficiaries. The same has been received by assessing officer through 183 to 185/SRT/2021/AYs.2011-12

SHIVAM DEVELOPERS,GODADRA vs. ITO, SURAT, SURAT

In the result, appeal of the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.76/Srt/2020 ("नधा"रणवष" / Assessment Year: (2015-16) (Physical Court Hearing) Shivam Developers, Vs. The Pr. Cit-2, 141, Khodiyar Residency, Surat. Godadra, Surat-395010. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acffs4002D (Appellant) (Respondent) Assessee By Shri Sapnesh Sheth, Ca Respondent By Shri Ritesh Mishra, Cit-Dr Date Of Hearing 06/10/2022 Date Of Pronouncement 11/11/2022

house property, capital gains or income from other source except business income, (iii). The chairman of the companies Shri N.R. Agrawal in the various statements recorded under s. 132(4) has specified the manner of earning undisclosed income out of the trading activities of the assessee companies relating to the manufactured goods namely, board paper and craft paper by under

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)

property was changed from agriculture land to stock-in-trade. The above string of events and evidence are sufficient to prove that the assessee converted his agriculture land into stock-in-trade before 11-8-2011 when the land came to be converted into non- agriculture land. 9. About additional ground raised by the assessee, Learned Counsel submitted that such

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)

Properties (supra) wherein the hon'ble High Court has held that all attendant circumstances has to be seen before one can draw a conclusion whether the gain was assessable as "business income" or "capital gain". Merely because the Assessee had shown the asset as "stock in trade", it cannot be said that the gain was taxable under the head "Income

M/S. JAY KESAR BHAVANI DEVELOPERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.2102 To 2104/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2010-11 To 2012-13) (Physical Court Hearing) M/S. Jay Kesar Bhavani Developers Vs. The Ito, Ward-1(1)(3), Pvt. Ltd., Surat. A-48, Kesar Kunj, Shri Bhulabhai Desai Marg, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj6278P (Assessee) (Respondent) Assessee By Shri Sapnesh Seth, Ca Respondent By Shri J. K. Chandani, Sr. Dr Date Of Hearing 05/05/2022 13/07/2022 Date Of Pronouncement

194 & 486/14-15, all dated 18.05.2016 which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since the issue involved in these three appeals, are common and identical, therefore these appeals are clubbed and heard together and a consolidated order

M/S. JAY KESAR BHAVANI DEVELOPERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.2102 To 2104/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2010-11 To 2012-13) (Physical Court Hearing) M/S. Jay Kesar Bhavani Developers Vs. The Ito, Ward-1(1)(3), Pvt. Ltd., Surat. A-48, Kesar Kunj, Shri Bhulabhai Desai Marg, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj6278P (Assessee) (Respondent) Assessee By Shri Sapnesh Seth, Ca Respondent By Shri J. K. Chandani, Sr. Dr Date Of Hearing 05/05/2022 13/07/2022 Date Of Pronouncement

194 & 486/14-15, all dated 18.05.2016 which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since the issue involved in these three appeals, are common and identical, therefore these appeals are clubbed and heard together and a consolidated order

M/S. JAY KESAR BHAVANI DEVELOPERS PVT. LTD.,,SURAT vs. THE INCOME TAX OFFICER, WARD-1(1)(3),, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita Nos.2102 To 2104/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2010-11 To 2012-13) (Physical Court Hearing) M/S. Jay Kesar Bhavani Developers Vs. The Ito, Ward-1(1)(3), Pvt. Ltd., Surat. A-48, Kesar Kunj, Shri Bhulabhai Desai Marg, Laxmikant Ashram Road, Katargam, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabcj6278P (Assessee) (Respondent) Assessee By Shri Sapnesh Seth, Ca Respondent By Shri J. K. Chandani, Sr. Dr Date Of Hearing 05/05/2022 13/07/2022 Date Of Pronouncement

194 & 486/14-15, all dated 18.05.2016 which in turn arise out of separate assessment orders passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”). 2. Since the issue involved in these three appeals, are common and identical, therefore these appeals are clubbed and heard together and a consolidated order

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

194) 2,49,74,748 B Assets Found - Fixed Assets 4,53,400 1,72,000 4,24,450 10,49,850 - Receivables - 2,75,000 5,27,48,627 5,30,23,627 - Cash 1,52,94,078 1,78,56,531 (1,73,96,778) 1,57,53,831 - Other Asset

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

194) 2,49,74,748 B Assets Found - Fixed Assets 4,53,400 1,72,000 4,24,450 10,49,850 - Receivables - 2,75,000 5,27,48,627 5,30,23,627 - Cash 1,52,94,078 1,78,56,531 (1,73,96,778) 1,57,53,831 - Other Asset

AMRUT SAROVAR,SURAT vs. PR. COMMISIONER INCOME TAX(CENTRAL), SURAT

In the result the grounds of appeal raised by the assessee in all three assessment years are allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini

194) 2,49,74,748 B Assets Found - Fixed Assets 4,53,400 1,72,000 4,24,450 10,49,850 - Receivables - 2,75,000 5,27,48,627 5,30,23,627 - Cash 1,52,94,078 1,78,56,531 (1,73,96,778) 1,57,53,831 - Other Asset