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 of Rs.1,45,27,981/-. 12. Aggrieved by the order of Assessing Officer, the assessee carried the matter in appeal before Ld. CIT(A), who has confirmed the addition made by the Assessing Officer observing as follows: “7.2 Addition in capital gains on the transfer of residential property at Sai Enclave, Udhna Magdalla Road, Surat. 7.2.1 The assessee sold

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

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

house property on shops which remained unsold. 6. Being, aggrieved the assessee filed this appeal before the Tribunal. The learned counsel for the assessee submitted that out of 1311 shops, under the work in progress at the beginning of the year, 400 were completed. These were given for rent to derive temporary revenue which has been offered as business income

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

house property on shops which remained unsold. 6. Being, aggrieved the assessee filed this appeal before the Tribunal. The learned counsel for the assessee submitted that out of 1311 shops, under the work in progress at the beginning of the year, 400 were completed. These were given for rent to derive temporary revenue which has been offered as business income

SMT. NAYANABEN F. PATEL,SURAT vs. PR. COMMISSIONER OF INCOME TAX, SURAT-1, SURAT

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

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Hearing In Physical Court) Smt. Nayanaben F. Patel, Pr.C.I.T. 1, Indraprashtha Society, Surat-1, Vs. Nr. Puna Patiya, Magob, Surat. Surat-395010. Pan: Bhrpp 4706 K Appellant Respondednt

house owned 3 Smt. Nayanaben F. Patel Vs Pr.CIT since 2008. Thus, the condition of Section 54F are not fulfilled by the assessee and deduction was required to be disallowed. Secondly, the assessee claimed deduction under Section 54B of the Act of Rs. 30,31,390/- for purchase of four blocks/parcel of land at Ambheti on four different dates before

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

SHRI SEJALBHAI G. PATEL,,SURAT vs. THE INCOME TAX OFFICER,, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.971/Ahd/2016 ("नधा"रणवष" / Assessment Years: (2012-13) (Physical Court Hearing) Sejalbhai G. Patel, Vs. The Ito, Ward-1, 225, Khodiyar Nagar Soceity, Gandhi Bardoli. Road, Bardoli, Surat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Apdpp9316C (Assessee) (Respondent) Assessee By: Shri Sapneth Sheth, Ca Revenue By: Shri J. K. Chandnani, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 12/05/2022 घोषणाक"तार"ख/Date Of Pronouncement : 20/07/2022 आदेश / O R D E R Per Dr. A. L. Saini: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2012-13, Is Directed Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, [In Short ‘Ld. Cit(A)’] Surat, In Appeal No. Cas-I/424/2014-15 Dated 18.02.2016, Which In Turn Arises Out Of An Order Passed By Assessing Officer U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’).

property at Rs.l,50,09,950/-, therefore assessing officer observed that provisions of section 50C of the Act were attracted, in the assessee`s case under consideration. The assessee has never challenged this valuation before assessing officer, hence the amount of Rs.75,49,750/- (50% of Rs.1,50,09,950/-) was acceptable to the assessee. The assessee has not even

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)

house property, investment, future / options trading income, capital gains and income from other sources. The assessee filed his return of income for the year under consideration on 17.07.2013, declaring income of Rs.20,69,100/-. Subsequently scrutiny assessment for the year under consideration was finalized by assessing officer u/s 143(3), dated 04.03.2016 wherein assessee’s return of income was accepted

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

SHILPRAJ DEVELOPERS PVT.LTD.,,SURAT vs. A.C.I.T, , CIRCLE-4,, SURAT

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

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No. 2608/Ahd/2014 ("नधा"रणवष" / Assessment Years: (2008-09) (Virtual Court Hearing) Shilpraj Developers Pvt. Ltd., The Acit, Circle- 4, Vs. 12, Suryakiran Apartment, Ghod-Dod Surat. Road, Surat-395005. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadcs3045H (Assessee) (Respondent)

house property’ and not as business income. Therefore, the expenditure incurred in respect of construction of the said building or demolition of earlier building is not allowable, even otherwise, under u/s 37(1) of the Income Tax Act. Moreover, demolition charges of earlier building and the corresponding expenditure, if any does not pertain to assessment year

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

SMT NITUBEN PRADEEP DHINGRA,SURAT vs. PR. CIT-1, SURAT, SURAT

In the result, appeal of the assessee is dismissed

House Property and Embroidery job work. The Scrutiny assessment under section 143(3) of the Act was finalized on 23.11.2016 at assessed income of Rs.2,92,880/- by way of making additions of Rs.2,92,880/- on account of disallowance of expenditure under section 14A of the Act. 3. Later on, Learned Principal Commissioner of Income Tax-1, [in short

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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB

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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB

SHRI DINESHBHAI DAYALBHAI 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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB

SHRI NAVINBHAI PARBHUBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-4(3),, 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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB

SHRI SHANTILAL DAYALBHAI 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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB

SHRI GIJUBHAI PRABHUBHAI 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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB

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.

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 1680 F 50. 421/AHD/2015 Shri Ullasbhai Nathubhai The Income Tax 2010-11 Bhatia, Village Hazira, Taluka Officer, Choryasi, District Surat Ward-4(4), Surat. PAN: AMZPB