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

YASH BHUPESHBHAI TAMAKUWALA,SURAT vs. INCOME TAX OFFICER, WARD - 2(2)(5), NOW INCOME TAX OFFICER - 1(2)(6), SURAT

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

Bench: Shri Dr. A. L. Sainiआयकर अपील सं./Ita No.580/Srt/2023 Assessment Year: (2013-14) (Physical Hearing) Yash Bhupeshbhai Tamakuwala, Vs. The Ito, 1/208, Kharadi Sheri, Nanpura, Ward- 1(2)(6), Surat – 395001. Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ajypt3602P (Appellant) (Respondent)

term capital gain suo moto offered for taxation during the course of assessment proceedings by the Appellant. 2) The ld. CIT(A) has erred in law and on facts in confirming the action of the ld. AO of levying penalty u/s 271(1)(c) of the Act on the basis of ITA.580/SRT/2023/AY.2013-14 Yash B. Tamakuwala invalid and improper show cause

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

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 gains (STCG) from share transaction. Besides, the AO initiated penalty proceedings u/s.271(1)(c) of the Act for concealment of income. Subsequently, after providing reasonable opportunity of being heard to the assessee, which were not responded to, the AO passed the penalty order on 05.09.2023, imposing minimum penalty of Rs.54,22,616/- u/s.271(1)(c) for concealment

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 gains (STCG) from share transaction. Besides, the AO initiated penalty proceedings u/s.271(1)(c) of the Act for concealment of income. Subsequently, after providing reasonable opportunity of being heard to the assessee, which were not responded to, the AO passed the penalty order on 05.09.2023, imposing minimum penalty of Rs.54,22,616/- u/s.271(1)(c) for concealment

SHRI VIJAY CHAMPAK PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-6(4), SURAT

In the result, appeal filed by the assessee is allowed

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.281/Ahd/2016 ("नधा"रणवष" / Assessment Year: 2011-12) Vijay Champak Patel, Vs. Income Tax Officer, Pachhlu Faliyu, Near Water Ward-6(4), Surat Tank, Bharthana, Vesu, Surat

shortly are as follows: The assessee had filed his return of income for the assessment year 2011-12 on 31/03/2012, declaring a total income to the tune of Rs.3,49,215/-. The assessment Vijay Champak Patel Assessment Year: 2011-12 proceedings under provisions of section 143(3) of the Income Tax Act, 1961 was completed on 07/03/2014 and the total

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

short term capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

short term capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(6), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

short term capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground

GAURAVKUMAR MANILAL PATEL,TAPI vs. ITO, WARD 3(2)(6), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

short term capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground

GAURAVKUMAR MANILAL PATEL,SURAT vs. ITO, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita Nos.931 To 934 & 935 To 936/Srt/2024 Assessment Years: (2012-13 & 2013-14) (Physical Hearing) Gauravkumar Manilal Patel, Vs. The Ito, 1, Post: Hathuka, Kanbi Faliya, Tal: Ward – 3(2)(7), Valod, Tapi - 394640 Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aogpp5609G (Appellant) (Respondent)

short term capital gain. 8. It is therefore prayed that the above addition made by the Assessing Officer may please be deleted or reduced. 9. Appellant craves leave to add, alter or delete any ground(s) either before or in the course of hearing of the appeal.” ITA Nos.931 to 936/SRT/2024/AYs.2012-13 & 2013-14 Gauravkumar Manilal Patel 7. The ground

HASMUKHBHAI DAHYABHAI PATEL,VAPI vs. DY. COMMISSIONER OF INCOME TAX, VAPI CIRCLE,, VAPI

In the result, appeal filed by the assessee is allowed

Bench: SHRI PAWAN SINGH (Judicial Member), DR. A. L. SAINI (Accountant Member)

short ‘the Act’), dated 27.03.2019. 2. Grounds of appeal raised by the assessee are as follows: “1. Ld. CIT(A) erred in law and on facts in confirming penalty u/s 271(1)(c) taking concealed income at Rs.2,81,36,170/- ignoring submission and bona fide of the appellant. 2. Ld. CIT(A) erred in law and on facts

DIVYABEN PRAFULCHANDRA PARMAR,SURAT vs. INCOME TAX OFFICER, WARD 1(3)(1), 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.73/Srt/2023 (Assessment Year: 2014-15) (Physical Hearing) Divyaben Prafulchand Parmar, Vs. The Ito, Ward-1(3)(1), 1-2, Harikrishna Niwas, B/H Braham Surat. Kumari Ashram, Bhatar Road, Surat – 395017. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Acbpp9559Q (Appellant) (Respondent)

Penalty etc. on my shoulders. I humbly submit that the impugned order is high pitched order and is also arbitrary.” 4. Apart from this, ld Counsel also submitted that entire delay has resulted due to mistake of assessee`s Tax Consultant, Shri Pradip Gohil, who has not checked the order of ld CIT(A) in the e-portal of Income

GAURAVKUMAR MANILAL PATEL,TAPI vs. INCOME TAX OFFICER, WARD 3(2)(7), SURAT

In the result, appeal of the assessee is partly allowed

short term capital gain.\n8. It is therefore prayed that the above addition made by the Assessing Officer\nmay please be deleted or reduced.\n9. Appellant craves leave to add, alter or delete any ground(s) either before or\nin the course of hearing of the appeal.”\n7.\nThe ground of appeal in ITA No.936/SRT/2024 are as under

KHILAN N. PATEL (HUF),SURAT vs. THE DCIT, CIRCLE-2(3), SURAT

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

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.429/Srt/2024 Assessment Year: (2016-17) (Hybrid Hearing) Khilan N. Patel (Huf), Vs. The Dcit, 6/2201, Nagarsheri, Mahidharpura, Circle – 2(3), Surat – 395003 (Gujarat) Surat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aakhk6987L (Appellant) (Respondent) Appellant By Shri Akshay M. Modi, Ca Respondent By Shri Mukesh Jain, Sr. Dr Date Of Hearing 27/01/2025 Date Of Pronouncement 29/01/2025

short-term capital gain (STCG) of Rs.32,79,845/-. As the assessee had entered into large volume of transactions of sale and purchase, showing high frequency, continuity and regularity of transactions and the securities were sold without taking actual delivery, the amount shown as “capital gain” was treated as “business income”. Penalty proceedings u/s 271

KANTIBHAI TULSIBHAI BHADANI,SURAT vs. ITO, WARD 3(2)(4), SURAT, SURAT

In the result, the appeal of the Assessee is allowed

Bench: Or In The Course Of Hearing Of The Appeal.

short referred to as “CIT(A)”), on 21-01-2025 for Assessment Year 2014-15. 2. The assessee has raised the following grounds of appeal: 1 On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the action of the assessing officer in levying penalty of Rs.18

SMT. URVASHI SANJAYKUMAR GUPTA,,SURAT vs. ITO, WARD-2(3)(4), SURAT

In the result, this appeal of the assessee is allowed

Bench: Shri Pawan Singh & Dr. Arjun Lal Sainismt. Urvashi Sanjaykumar Gupta, I.T.O., Ratna Vihar Apartment, New City Ward-2(3)(4), Vs. Light, Surat-395007. Surat. Pan No. Aanpg 4855 C Appellant/ Assessee Respondent/ Revenue

short, the ld. CIT(A) dated 18/04/2019 for the Assessment year 2014-15. The assessee has raised following grounds of appeal: “1. On the facts and circumstances of the case as well as law on the subject, the learned CIT(A) has erred in confirming the action of assessing officer in imposing penalty of Rs. 3,38,136/- u/s 271

KIRTI KARSANDAS NAYAK,UMBERGAON vs. ITO WARD-5, VAPI

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

Bench: Shri Sandeep Gosain () & Shri Om Prakash Kant () Assessment Year: 2011-2012 Kirti Karsandas Nayak, Ito Ward-5, Plot No. 244/28, Gidc, Fortune Square, Chala Road, Umbergaon-396171. Vs. Vapi-396191. Pan No. Abbpn 3355 M Appellant Respondent

short term capital gain Kirti Karsandas Nayak 2 ignoring fact that appellant purchase car which does ignoring fact that appellant purchase car which does ignoring fact that appellant purchase car which does not result into any capital gain. not result into any capital gain. 4. LD. NFAC erred in law and on facts in dismissing the LD. NFAC erred

SHRI JIVRAJBHAI H. BALAR,,SURAT vs. THE INCOME TAX OFFICER, WARD-8(2),, SURAT

In the result, appeals filed by the assessee for assessment years 2004-05 to 2007-08, ( IT(SS)A Nos

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./It(Ss)A No.150 To 154/Ahd/2015 ("नधा"रणवष" / Assessment Year: (2004-05 To 2008-09) (Physical Court Hearing) Jivrajbhai Harkhabhai Balar, The Dcit, Central Circle-1, Vs. 59, Kantareshwar Society, Surat. Katargam Road, Surat-395004. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abopb8649M (Appellant) (Respondent) आयकरअपीलसं./Ita No.1245/Ahd/2015 ("नधा"रणवष" / Assessment Year: (2010-11) Jivrajbhai Harkhabhai Balar, Vs. The Dcit, Central Circle-1, 59, Kantareshwar Society, Surat. Katargam Road, Surat-395004. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abopb8649M (Appellant) (Respondent)

gain of Rs. 70,02,867/- was added back to the total income of the assessee during the year and long term capital loss claimed by the assessee to the tune of Rs.2,68,80,493/- was disallowed by the assessing officer. 16. Aggrieved by the order of the Assessing Officer, the assessee carried the matter in appeal before