SHRI MUKESH N. DESAI,,SURAT vs. THE DY.CIT, CIRCLE-2,, SURAT

In the result, the appeal of the assessee is partly allowed

Bench: Shri Ram Lal Negi & Shri O. P. Meena

price of land located in Sachin area. The rate as per Jantri value comes to Rs.3500 per sq. meter. In view of these facts and circumstances, the AO made addition of Rs.74,54,250 i.e. [ Rs.85,54,250/- being reduced stamp duty valuation Less Rs.11,00,000/- transaction value] as suppression of sale in land transaction. 5. Being aggrieved

NEETABEN RAMANBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-1, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

transfer, the AO has to apply his mind on the validity of the objection of the assessee. He may either accept the valuation of the property on the basis of the report of the approved valuer filed by the assessee, or invite objection from the department and refer the question of valuation of the capital asset to DVO in accordance

SEEMABEN PARESHBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-1, BARDOLI

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

transfer, the AO has to apply his mind on the validity of the objection of the assessee. He may either accept the valuation of the property on the basis of the report of the approved valuer filed by the assessee, or invite objection from the department and refer the question of valuation of the capital asset to DVO in accordance

RAMANBHAI CHANDUBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-1, SURAT

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

transfer, the AO has to apply his mind on the validity of the objection of the assessee. He may either accept the valuation of the property on the basis of the report of the approved valuer filed by the assessee, or invite objection from the department and refer the question of valuation of the capital asset to DVO in accordance

HEENABEN BALUBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-1, BARDOLI

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

transfer, the AO has to apply his mind on the validity of the objection of the assessee. He may either accept the valuation of the property on the basis of the report of the approved valuer filed by the assessee, or invite objection from the department and refer the question of valuation of the capital asset to DVO in accordance

BALUBHAI CHANDUBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-1, BARDOLI

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

transfer, the AO has to apply his mind on the validity of the objection of the assessee. He may either accept the valuation of the property on the basis of the report of the approved valuer filed by the assessee, or invite objection from the department and refer the question of valuation of the capital asset to DVO in accordance

PARESHBHAI CHANDUBHAI PATEL,SURAT vs. THE INCOME TAX OFFICER, WARD-1, BARDOLI

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am

transfer, the AO has to apply his mind on the validity of the objection of the assessee. He may either accept the valuation of the property on the basis of the report of the approved valuer filed by the assessee, or invite objection from the department and refer the question of valuation of the capital asset to DVO in accordance

KETAN LALITBHAI PATEL,,SURAT vs. THE INCOME TAX OFFICER, WARD-2(3)(2),, SURAT

In the result, the appeal of the assessee is partly allowed

Bench: Shri C.M.Garg & Shri O.P.Meenaआ.अ.सं./I.T.A No.1216/Ahd/2016 िनधा"रण वष"/A.Y.:2012-13 Shri Ketan Lalitbhai Patel, Vs. Income Tax Officer, Bawaliya Faliya At&Post Ward 2(3)(2) Surat Abhava Taluka Choryashi District Surat 395007 Pan: Aorpp 4348B अपीलाथ" Appellant ""यथ"/Respondent

50C. (1) Where the consideration received or accruing as a result of the transfer by an assessee of a capital asset, being land or building or both, is less than the value adopted or assessed [or assessable] by any authority of a State Government (hereafter in this section referred to as the "stamp valuation authority") for the purpose of payment

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)

50C(1) of the Act clearly states that where value adopted by the Stamp Valuation Authority does not exceed 110% of the consideration received, the consideration so received for the purpose of Section 48, will be deemed to be the full value of consideration. Therefore, we note that the difference between value adopted ITA No.589/SRT/2019 A.Y. 11-12 Pankajbhai

SARLABEN DAHYABHAI PATEL,SURAT vs. INCOME TAX OFFICER, WARD - 2(2)(4), SURAT

In the result, this ground is allowed for statistical purposes

Bench: Shri Pawan Singh & Shri Bijayananda Pruseth

price of rate. The value estimated by Government Register Valuer estimated at Rs.1600/- per square meter is more reasonable. The Ld. AR of the assessee submits that to avoid the further dispute, an average of value estimated by DVO as well as Government Registered Valuer may be considered for the purpose of addition u/s 50C of the Act. Before

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)

50C(1) of the I.T. Act.” 27. From the above findings of ld CIT(A), it is abundantly clear that issue relating to validity of assessment made, under section 153C of the Act, was there before the ld CIT(A), however, ld CIT(A) dismissed the ground of the assessee stating that valid notice under section 153C was issued

MANJULABEN BABUBHAI THUMAR,SURAT vs. THE INCOME TAX OFFICER, WARD-1(2)(6),, SURAT

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

Bench: Shri Sandeep Gosain & Shri O.P.Meenaआ.अ.सं./I.T.A No.2997/Ahd/2016 िनधा"रणवष"/Assessment Year: 2013-14 Manjulaben Babubhai Thumar, V. Income Tax Officer, Flat No.195, 01St Floor, Road No.6F, Ward-1(2)(6), Surat. Udyognagar, Udhna, Surat-394 210. [Pan: Aajpt 4629 F] अपीलाथ" / Appellant ""थ"/Respondent

transfer.” Manjulaben Babubhai Thumar v. ITO, Ward-1(2)(6),Surat/ITA. 2997/AHD/2016/A.Y.2013-14 Page 2 of 5 4. Brief facts of the case are that the assessee has sold non-agriculture land at R.S. No. 177, Paiki Block No.80, Paiki Plot No.A/8, Moje Vanz Surat vide registered no. SRT/6/kRY/1375 dated 28-03-2013 for the consideration of the Rs.2

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)

price of land, but merely because of those steps, it cannot be held that the assessee is dealing in land estate business. The land in question was never treated as a stock-in-trade but it was treated as capital asset on which wealth-tax was paid. All the circumstances and evidences thus demonstrated the purpose of purchase of land

ENGINEERING PROFESSIONAL CO. PVT LTD,SURAT vs. PCIT-1, SURAT

In the result, appeal of the assessee is partly allowed

Bench: Shri Pawan Singh & Shri Bijayananda Prusethआयकर अपील सं./Ita No.541/Srt/2024 Assessment Year: (2018-19) (Physical Hearing) Engineering Professional Co. Pvt. Ltd., Vs. The Pcit -1, 444, Royal Arcade, Opp. Sarthana Zoo, Surat Varachha Road, Near Sarthana Jakatnaka, Surat – 395006, Gujarat "थायीलेखासं./जीआइआरसं./Pan/Gir No: Aabce0313Q (Appellant) (Respondent) Appellant By Shri P. M. Jagasheth, Ca Respondent By Shri Ravi Kant Gupta, Cit(Dr) Date Of Hearing 13/02/2025 Date Of Pronouncement 19/02/2025

50C of the Act is correct in the given facts and circumstances of the case. Before deciding the ITA No.541/SRT/2024/AY.2018-19 Engineering Professional Co. Pvt. Ltd. issue, it would be proper to examine the scope and ambit of section 263 of the Act, the relevant part of which for the present appeal reads as under: “263. (1) The [Principal Chief Commissioner