RAJESH C DALAL-HUF,SURAT vs. ADDL/JT/DEPUTY/ASST CIT/NATIONAL E- ASSESSMENT CENTER DELHI , DELHI

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Virtual Court) Rajesh C. Dalal-Huf, A.C.I.T., P-260, Old Gidc Estate, National E-Assessment Vs. Katargam, Surat-395004. Centre, Delhi. Pan: Aalhr 4363 J Appellant Respondednt

house property. The Assessing Officer at the time of passing the assessment order initiated penalty for misrepresentation of fact under Section 270A(1)r.w.s. 270(9)(a) of the Act. 3. The Assessing Officer before levying penalty, issued show cause notice under Section 274 r.w.s. 270A of the Act dated 27/01/2021 fixing the date of compliance on or before 09/02/2021

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)

house property. The Ld. Counsel for the assessee submitted that difference between value taken by the Assessing Officer and value taken by the Assessee is only 6.42% which is less than 10% tolerance limit prescribed in third proviso to section ITA No.589/SRT/2019 A.Y. 11-12 Pankajbhai H Patel 50C(1) of the Act. Therefore, addition should not be made

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

48) (x) Acknowledgment of return of income (ROI) for AY.2016-17 (vide PB. 49 to 51) (xi) Revised computation of income for AY.2016-17 (vide PB.52 to 53) Based on these evidentiary facts and circumstances, the Ld. Counsel for the assesse submitted that deduction claimed by the assessee under section 54B of the Act should be allowed, as the assessee has fulfilled

DCIT, CENTRAL CIRCLE - 3, SURAT, SURAT vs. SHIRI ASHESH NANALAL DOSHI, SURAT

In the result, the appeal of the revenue for AY 2016-17 is also dismissed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainiit(Ss)A No. 07/Srt /2021 (Assessment Year: 2015-16)

house was built on the land. The assessee also made a reference of certain question and answers thereof, recorded during the search action wherein Pravinbhai H. Shah replied that he has seen such document for the first time. To support the contention that such document cannot be used as evidence, relied upon IT(SS)A No. 07& 32/Srt/2021 DCIT

SHRI NEHRUNAGAR CO. OP HOUSING SOCIETY,SURAT vs. INCOME TAX OFFICER, WARD-1(3)(5), SURAT

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

Bench: Dr. A. L. Sainiआयकर अपील सं./Ita No.478/Srt/2023 Assessment Year: (2017-18) (Physical Hearing) Shri Nehrunagar Co.Op. Housing Vs. The Ito, Society, Ward – 1(3)(5), Umang Hall, Nehrunagar Society, Surat Ichchanath Road, Surat – 395007. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aabas2271H (Appellant) (Respondent)

48,946/- of the I.T. Act, 1961. 2. On the facts and in the circumstances of the case as well as the law on the subject, it is ought to have be held that the deduction u/s 80P(2)(d) of the Act be allowed to the co-operative society in respect of interest income received from co-operative banks

SHANTI ENTERPRISE,,SURAT vs. THE DY.CIT., CIRCLE-1(2),, SURAT

In the result, the appeal of the assessee for A

Bench: Shri Kul Bharat & Shri O. P. Meena

48/ 32 taxmann.com 325 (Mumbai) in support of his contentions. 8. It was further submitted that the amendment made in section 23 (5) by Finance Act, 2017 to tax the property held as stock-in trade with effect from 01.04.2018 i.e. from A.Y. 2018-19 is prospective in nature, hence, not applicable for the assessment year under consideration. Moreover, provisions

SHANTI ENTERPRISE,,SURAT vs. THE DY.CIT., CIRCLE-1(2),, SURAT

In the result, the appeal of the assessee for A

Bench: Shri Kul Bharat & Shri O. P. Meena

48/ 32 taxmann.com 325 (Mumbai) in support of his contentions. 8. It was further submitted that the amendment made in section 23 (5) by Finance Act, 2017 to tax the property held as stock-in trade with effect from 01.04.2018 i.e. from A.Y. 2018-19 is prospective in nature, hence, not applicable for the assessment year under consideration. Moreover, provisions

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

section 54B of the Act. 6. The ld PCIT also noted that assessee has purchased a new house property at Palsana district at “Avadh Shangrila” for a consideration of Rs.44,48

SHRI FARSURAM RATILAL BHAMWALA,,BHARUCH vs. THE INCOME TAX OFFICER, WARD-1,, BHARUCH

In the result, the appeal of the assessee is allowed

Bench: The Ld. Cit(A) & Ld. Cit(A) After Considering The Case Of Both The Parties Dismissed The Appeal Filed By The Assessee.

house property located at Bunglow no. 3 Pritamnager - 1 society, Maktampur, Bharuch for a total consideration Rs. 1.5 crores out of which Rs. 75 lacs were paid in FY 2008-09 (Rs 25 lacs each). Q11: What is the source of your payment of Rs. 25 lacs during FY 2008-09 to ShriFarsuram R Bhamwala? A11: I have paid

ACIT, VAPI CIRCLE., VAPI vs. SHRI ANAND JAYANTILAL KHARBHARI, VAPI

In the result, appeal filed by the Revenue is dismissed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपील./Ita No.231/Srt/2020 ("नधा"रणवष" / Assessment Years: (2013-14) (Virtual Court Hearing) The Acit, Vapi Circle, Vs. Shri Anand Jayantilal Kharbhari, Vapi. 409, Tirupati Towrs, Gidc Char Rasta, Vapi- 396195. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ajqpk7929K (Assessee) (Respondent) Assessee By: Ms Poonam Joshi, Advocate Revenue By: Shri H. P. Meena, Cit(Dr) सुनवाईक"तार"ख/ Date Of Hearing : 22/03/2022 घोषणाक"तार"ख/Date Of Pronouncement : 31/05/2022 आदेश / O R D E R Per Dr. A. L. Saini, Am: The Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year 2013-14, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Valsad [In Short ‘Ld. Cit(A)’], In Appeal No. Itba/Apl/S/250/2020-21/1028054664(1) Dated 24.09.2020, Which In Turn Arises Out Of An Assessment Order Passed By Assessing Officer U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 30.03.2016. 2. Grounds Of Appeal Raised By The Revenue As Follows:

48,930/- after deductions under Chapter – VIA of the Act. On perusal of Income Tax Returns (ITR), the assessing officer observed that assessee has shown Rs. NIL/- income from house property that was rented to Shri Manoj Shahu. The assessee was asked to give clarification regarding rent income from property at Subh Laxmi Tower, Vapi that was rented to Shri

RAJENDRAPRASAD BABULAL KHETAN,SURAT vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIR. - 4, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.142/Srt/2023 (Assessment Year: 2017-18) (Physical Hearing) Rajendraprasad Babulal Khetan, Vs. The Acit, E-2-1101, Capital Greens, Vesu Central Circle-4, – Bharthana, Surat – 395007. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abqpk8161R (Appellant) (Respondent) आयकर अपील (खोज और ज"ती) सं./It(Ss)A Nos.32/Srt/2023 (Assessment Year: 2017-18) Rajendraprasad Babulal Khetan, Vs. The Acit, E-2-1101, Capital Greens, Vesu Central Circle-4, – Bharthana, Surat – 395007. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abqpk8161R (Appellant) (Respondent)

House Property, Business and Profession, and Other Sources. The assessee filed original return of Income u/s 139(1) of the Income Tax Act, 1961, for Assessment Year 2017-18, on 29.12.2017, declaring total income of Rs.24,77,900/-. This return of income was duly processed u/s 143(1) of the Act. In assessee`s case no assessment was completed earlier

SHRI RADHEYSHYAM BISANI,SURAT vs. INCOME TAX OFFICER, WARD - 1(2)(1), SURAT

In the result, this appeal of assessee is allowed

Bench: Shri Pawan Singh(Physical Hearing) Radheyshyam Bisani, I.T.O., B. 1102, Shyam Sangini Apartment, Ward-1(2)(1), Vs. Gd Goenka Canal Road, Vesu, Surat. Surat. Old Address: 204, Paras Market, Ring Road, Surat. Pan No. Aaspb 9157 F Appellant/ Assessee Respondent/ Revenue

property by way of investment. Similarly, where the assessee is not merely selling the movable commodities, but relating to other trading activities, e.g., where assessee is a land developer and he is engaged in business of acquiring land developing it and selling houses or purchasing or is indulged in leasing business or is indulged in stock market

THE DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4,, SURAT vs. M/S. SHREE RAM DEVELOPERS,, SURAT

In the result, appeal of the Revenue is dismissed

Bench: Shri Pawan Singh, Hon'Ble & Dr. Arjun Lal Saini, Hon'Ble(Virtual Hearing) आ.अ.सं./I.T.A No.1841/Ahd/2016 िनधा"रण वष"/Assessment Year: 2006-07 The Deputy Commissioner Vs. M/S Shree Ram Developers, Of Income Tax, Central “Shrushti Row House”, Circle-2, Surat. Kosad, Surat 394 107. [Pan: Abkfs 4321 F] अपीलाथ" / Appellant ""थ"/Respondent िनधा"रतीकीओर से /Assessee By Shri Ashwin K.Parekh – Ca राज"कीओर से /Revenue By Shri Ritesh Mishra – Cit(Dr) सुनवाई की तारीख/ Date Of Hearing: 24.02.2021 उद्घोषणा की तारीख/Pronouncement On: 08.03.2021 आदेश /O R D E R Per Pawan Singh, Judicial Memeber: 1. This Appeal By Revenue Is Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)-4, Surat Dated 11.04.2016 For Assessment Year (Ay) 2006-07. The Revenue Has Raised The Following Grounds Of Appeal: “[1] On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.3,16,65,000/- Made On Account Of Unexplained Income U/S.69A Of The I.T. Act, 1961 In Spite Of The Fact That Shri Ankurbhai Babariya, One Of The Trustworthy Person Of Shri Jayantibhai Babariay, A Partner Of M/S Shree Ram Developers Had Explained That Seized Documents From His Premise Are Related To Shrusti Row House Maintained By Him Which Was Later On Also Admitted By Him In His Statement On Oath & This Project Was Developed By The Assessee Firm I.E. M/S Shree Ram Developers. Also, There Was No Denial That On Money Has Been Seized In The Shrusti Row House Project. [2] On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred To Held The Addition Of Rs.3,16,65,000/- Made On Account Of Dcit Vs. Shree Ram Developers /

property. A search action under section 132 of the Act was carried out at the premises of Shri Ankur Babariya at 20, Ram Krupa Society, Saroli Road, Puna Gaon, Surat on 17.07.2012. From his premises, certain papers in the form of ledger accounts were seized as Annexure –A/1, A/3 and A/5. Shri Ankurbhai Gordhanbhai Babariya was working with the partners

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.

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, Thru L/h Hitesh Dineshbhai Ward-4(1), Surat. Patel 18, Nildhara Society, L. P. Savant Road, Adajan, Surat 395 010 PAN: AHFPP

SHRI JAMUBHAI PARSOTTAMBHAI 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.

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, Thru L/h Hitesh Dineshbhai Ward-4(1), Surat. Patel 18, Nildhara Society, L. P. Savant Road, Adajan, Surat 395 010 PAN: AHFPP

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.

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, Thru L/h Hitesh Dineshbhai Ward-4(1), Surat. Patel 18, Nildhara Society, L. P. Savant Road, Adajan, Surat 395 010 PAN: AHFPP

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.

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, Thru L/h Hitesh Dineshbhai Ward-4(1), Surat. Patel 18, Nildhara Society, L. P. Savant Road, Adajan, Surat 395 010 PAN: AHFPP

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.

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, Thru L/h Hitesh Dineshbhai Ward-4(1), Surat. Patel 18, Nildhara Society, L. P. Savant Road, Adajan, Surat 395 010 PAN: AHFPP