CIT v. Smt. Sohan Devi Sodani

Shri Khandelwal Diamonds Private Limited, Jaipur vs. ACIT, Circle 1, Jaipur

In the result, appeal of the assessee is partly allowed

Bench: Him On The Reason Of Issuing Notice U/S 148 On Borrowed Satisfaction Of Another Wing Of The Department.

…cannot be found fault with. This view of the Tribunal is in accordance with the settled position in law.” Further reliance is also placed on the case of Commissioner of Income- tax v. Smt. Sohan Devi Sodani decided by the Hon`ble Rajasthan High Court (2008) 303 ITR 342 wherein the following was held :- 17 Shri Khandelwal Diamonds Pvt. Ltd. vs. ACIT “The Tribunal found that merely on the basis of DVO’s report the reassessment proceedings could not have been initiated in the absence of Assessing Officer’s own satisfaction about escapement of income from tax. The Tribunal found that the opinion about the escape…

Natthi Singh HUF, Jaipur vs. ACIT, Bharatpur

In the result, appeals are allowed for statistical purposes

…e of any statutory scheme involving adjudicatory process. The ld. A/R has also relied upon the Hon’ble Jurisdictional High Court in the case of CIT vs. Shree Rajasthan Syntex Ltd., 313 ITR 231 (Raj.) as well as in the case of CIT vs. Smt. Sohan Devi Sodani, 303 ITR 342 (Raj.). Thus the ld. A/R has submitted that reopening of the assessment is not valid and liable to be quashed. 4. On the other hand, the ld. D/R has submitted that it is not the case of reopening of the assessment merely on the basis of report of the Investigation Wing as a result of investigation carried out at a third party but the investigat…

Bharatpur Cold Storage Pvt. Ltd., Jaipur vs. ACIT, Bharatpur

In the result, appeals are allowed for statistical purposes

…e of any statutory scheme involving adjudicatory process. The ld. A/R has also relied upon the Hon’ble Jurisdictional High Court in the case of CIT vs. Shree Rajasthan Syntex Ltd., 313 ITR 231 (Raj.) as well as in the case of CIT vs. Smt. Sohan Devi Sodani, 303 ITR 342 (Raj.). Thus the ld. A/R has submitted that reopening of the assessment is not valid and liable to be quashed. 4. On the other hand, the ld. D/R has submitted that it is not the case of reopening of the assessment merely on the basis of report of the Investigation Wing as a result of investigation carried out at a third party but the investigat…

Sishma Singh, Jaipur vs. ACIT, Bharatpur

In the result, appeals are allowed for statistical purposes

…e of any statutory scheme involving adjudicatory process. The ld. A/R has also relied upon the Hon’ble Jurisdictional High Court in the case of CIT vs. Shree Rajasthan Syntex Ltd., 313 ITR 231 (Raj.) as well as in the case of CIT vs. Smt. Sohan Devi Sodani, 303 ITR 342 (Raj.). Thus the ld. A/R has submitted that reopening of the assessment is not valid and liable to be quashed. 4. On the other hand, the ld. D/R has submitted that it is not the case of reopening of the assessment merely on the basis of report of the Investigation Wing as a result of investigation carried out at a third party but the investigat…

Vimlesh Faujdar, Jaipur vs. ACIT, Bharatpur

In the result, appeals are allowed for statistical purposes

…e of any statutory scheme involving adjudicatory process. The ld. A/R has also relied upon the Hon’ble Jurisdictional High Court in the case of CIT vs. Shree Rajasthan Syntex Ltd., 313 ITR 231 (Raj.) as well as in the case of CIT vs. Smt. Sohan Devi Sodani, 303 ITR 342 (Raj.). Thus the ld. A/R has submitted that reopening of the assessment is not valid and liable to be quashed. 4. On the other hand, the ld. D/R has submitted that it is not the case of reopening of the assessment merely on the basis of report of the Investigation Wing as a result of investigation carried out at a third party but the investigat…

Subhash Singh, Jaipur vs. Ac, Bharatpur

In the result, appeals are allowed for statistical purposes

…e of any statutory scheme involving adjudicatory process. The ld. A/R has also relied upon the Hon’ble Jurisdictional High Court in the case of CIT vs. Shree Rajasthan Syntex Ltd., 313 ITR 231 (Raj.) as well as in the case of CIT vs. Smt. Sohan Devi Sodani, 303 ITR 342 (Raj.). Thus the ld. A/R has submitted that reopening of the assessment is not valid and liable to be quashed. 4. On the other hand, the ld. D/R has submitted that it is not the case of reopening of the assessment merely on the basis of report of the Investigation Wing as a result of investigation carried out at a third party but the investigat…