ACIT, NCR BUILDING, JAIPUR vs. HANS RAJ AGARWAL, VIDHYADHAR NAGAR JAIPUR
What did the Tribunal hold?
The Tribunal held that the reassessment proceedings were initiated based on a change of opinion, as the Assessing Officer had already examined the same transactions and details during the original assessment. Therefore, the reopening under Section 147 was not valid.
What were the facts?
The Revenue initiated reassessment proceedings under Section 147 against the assessee for AY 2016-17, alleging the assessee had benefited from bogus long-term capital gains on shares of M/s Yamini Investment Company Ltd. The Assessing Officer made additions based on investigation findings. The CIT(A) allowed the assessee's appeal, quashing the assessment order.
What were the issues?
Whether reassessment proceedings under Section 147 are valid when initiated based on a change of opinion and the same material was considered during the original assessment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(5)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- CIT v. Kelvinator of India Ltd.1,673 citing187 Taxmann 312 · 2010 · SC · Read judgment
- Calcutta Discount Co. Ltd. v. ITO384 citing41 ITR 191 · 1961 · SC · Read judgment
- Gemini Leather Stores v. ITO33 citing100 ITR 1 · 1975 · SC
- Income Tax Officer v. Meghalaya Bonded Warehouse, ITAT Gauhati Bench7 citing60 ITD 219 · 1997 · ITAT
Income Tax Appellate Tribunal, JAIPUR BENCHES,”A” JAIPUR
Before: SHRI GAGAN GOYAL, AM & SHRI NARINDER KUMAR, JM
Result
In view of the above discussion and findings, memorandum of cross objections No 1/JP/2025 filed by the assessee is allowed.
CO No. 1/JPR/2025 Hans Raj Agarwal The appeal- filed by department is hereby dismissed. 40. Copy of common order be placed in the connected file of cross- objections No.1/JP/2025 for record. Files be consigned to the record room after the needful is done by the office. Order pronounced in the open court on 12/03/2025.
Sd/- Sd/- ¼xxu xks;y½ ¼ujsUnz dqekj½ (GAGAN GOYAL) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 12/03/2025 *Santosh आदेश की प्रतिलिपिअग्रेf’ात@ब्वचल वf जीम वतकमत वितूंतकमक जवरू The Appellant- ACIT, NCR Building, Jaipur. 1. 2. izR;FkhZ@ The Respondent- Hans Raj Agarwal, Jaipur. 3. vk;djvk;qDr@ The ld CIT 4. विभागीय प्रतिनिधि] आयकरअपीलीय अधिकरण] जयपुर@क्त्ए प्ज्Aज्ए Jंपचनत 5. xkMZQkbZy@ Guard File CO No. 1/JPR/2025) vkns'kkuqlkj@ By order,
सहायक पंजीकार@Aेेजज. त्महपेजतंत
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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