CIT v. R.K. Metal Works

PUSHP RAJ BOHRA,JALORE vs. PR. CIT – 1, JODHPUR, JODHPUR

In the result, appeal filed by the Assessee is allowed

Bench: Dr. Mitha Lal Meena, Hon'Ble & Shri Udayan Das Gupta, Hon'Ble

…sustained in law. In the case of Rampyari Khemka v. CIT [1966] 61 ITR 600(Cal.) it was held that the CIT could not give different reasons or cause in show cause notice and different reasons in his order. Similarly, in the case of CIT v. R.K. Metal Works [1978]112 ITR 445(P&H) it was held that the reasons given by the CIT in his show cause notice and in his order are different and his order under section 263 could not draw any oxygen from the show cause notice. The present assessee's case is no different from the case of Genesis Colors (P) Ltd. vs. CIT and other decisions referred here in above and accordingly, or…

ASHOKKUMAR PROJECTS INDIA PVT. LTD.,PORBANDAR vs. THE PR. CIT, JAMNAGAR, JAMNAGAR

In the result, appear of the assessee is allowed

Bench: Dr.Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.83/Rjt/2024 (िनधा"रणवष" / Assessment Year: (2018-19) (Physical Hearing) Ashokkumar Projects India P. Vs. The Pr. Commissioner Of Ltd. Income Tax, 4Th Floor, Manek Centre, P.N. Cholera Arcade, M.G. Road Opposite, Bhaveshwar Mahadev Marg, Jamnagar - 361008 Temple, Porbandar – 360575 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aamca5891Q (Assessee) (Respondent)

…der. It is necessary for the Commissioner to state in what manner he considered that the order of the Assessing Officer was erroneous and prejudicial to the interests of the revenue and what the basis was for such a conclusion – CIT v. R.K. Metal Works (1978) 112 ITR 445 (Punj.& Har.). Therefore, we find that revision order passed by the learned PCIT,under section 263 of the Act should be quashed on this score only. ITANo.83/RJT/2024 Ashok Kumar Project India P. Ltd. 13.We note that assessee-company had carried out the business of sub- contracting labour contract for bridge, underpass, roads, etc. Hence, assess…

SHRI AVTAR SINGH THROUGH L/HEAIR SHRI GURTEJ SINGH,KAPURTHALA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, appeal of the assessee ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…enquiries/investigations in the light of the discussions made above and after giving due opportunity to the assessee of being heard.” 4.3 The ld. AR further relied on the order of the Hon’ble Jurisdictional High Court in the case of CIT vs. R. K. Metal Works 112 ITR 445 (P&H) which is held as under: "....... There is no indication in the order of the CIT as to the basis on which he came to the prima facie conclusion that the capital borrowed by the firm was utilised for purposes other than that of the firm's business. When the assessee field a detailed written statement before him, the CIT did not deal with any…

NAVJEEVAN CHARITABLE SOCIETY FOR INTEGRAL DEVELOPMENT ,JALANDHAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX ( CENTRAL), LUDHINANA

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…r the AY 2016-17 in arbitrary manner is void ab initio.He contended that the present case is squarely covered by the decision Hon’ble Jurisdictional 5 I.T.A. No. 25/Asr/2021 Assessment Year: 2016-17 High Court in the case ‘CIT vs. R.K. Metal Works’, [1978] 112 ITR 445 (P&H). The relevant paragraph is extracted as follows: - “A perusal of the order of the Commissioner of Income-tax clearly shows that the criticism of the Tribunal is well-founded. There is no indication in the order of the Commissioner as to the basis on which he came to the prima facie conclusion that the capital borrowed by the firm was util…

SHRI SHAM SUNDER AGGARWAL,KAPURTHALA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. No.17/Asr/2021 Assessment Year: 2011-12 Sh. Sham Sunder Aggarwal, Vs. Pr.CIT-1 Prop. M/s P K & Company, 15- Jalandhar. New Sabji Mandi, Kapurthala. [PAN:AAWPA3347E] (Appellant) (Respondent) Appellant by Sh. J.S. Bhasin, Adv. Respondent by Sh. Hitendra Bhauraoji Ninawe, CIT. DR Date of Hearing 17.04.2023 Date of Pronouncement 27.04.2023 ORDER Per:Anikesh Banerjee, JM: The instant appeal of the assessee is directed against the order of the ld. Principal Co…

SHRI GURPREET SINGH KHURANA,JALANDHAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, JALANDHAR

In the result appeal of the assessee ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I. T. A. No. 8/Asr/2021 Assessment Year: 2016-17 Sh. Gurpreet Singh Khurana Vs. Pr. C.I.T.-1, 52, Guru Gobind Singh Nagar, Jalandhar Jalandhar [PAN:- CPOPK 0383P]] (Appellant) (Respondent) Appellant by : Sh. J. S. Bhasin, Adv. Respondent by: Smt. Rajinder Kaur, CIT-DR Date of Hearing: 14.02.2023 Date of Pronouncement: 15.02.2023 ORDER Per Anikesh Banerjee, J.M.: The instant appeal of the assessee is directed against the order of the ld. Principal Commissio…