Colonisers v. ACIT

Raj Auto Wheels (P) Ltd., Jaipur vs. ACIT, Ajmer

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

…ditions, such an action has to be considered as having been done without jurisdiction and vitiating the entire order which, results into as nullity and is not case of mere irregularity. Kindly refer Colonisers vs. ACIT [1992] 41 ITD 57 (Hyderabad) (SB)/[1993] 45 TTJ 114 (Hyderabad) (SB) (DPB-17-30) holding that: “In the preceding paragraphs it has been indicated why the assessee's version cannot be rejected as regards the credits appearing in his books. Perhaps the only justification, if at all it can be called a justification, for the ITO to reject the credits as not genuine is the failure of the assessee to pro…

M/S Raj Auto Wheels P .Ltd., Ajmer vs. JCIT, Range-1, Ajmer

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

…ditions, such an action has to be considered as having been done without jurisdiction and vitiating the entire order which, results into as nullity and is not case of mere irregularity. Kindly refer Colonisers vs. ACIT [1992] 41 ITD 57 (Hyderabad) (SB)/[1993] 45 TTJ 114 (Hyderabad) (SB) (DPB-17-30) holding that: “In the preceding paragraphs it has been indicated why the assessee's version cannot be rejected as regards the credits appearing in his books. Perhaps the only justification, if at all it can be called a justification, for the ITO to reject the credits as not genuine is the failure of the assessee to pro…

M/S Raj Auto Wheels P Ltd., Ajmer vs. ACIT, Circle-1, Ajmer

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

…dditions, such an action has to be considered as having been done without jurisdiction and vitiating the entire order which, results into as nullity and is not case of mere irregularity. Kindly refer Colonisersvs. ACIT [1992] 41 ITD 57 (Hyderabad) (SB)/[1993] 45 TTJ 114 (Hyderabad) (SB) (DPB 17-30) holding that: “In the preceding paragraphs it has been indicated why the assessee's version cannot be rejected as regards the credits appearing in his books. Perhaps the only justification, if at all it can be called a justification, for the ITO to reject the credits as not genuine is the failure of the assessee to pr…

M/S. Bansiwala Iron & Steel Rolling Mills, Jaipur vs. DCIT, Circle-3, Jaipur

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1388/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 Cuke M/S Bansiwala Iron & Steel Rolling Mills, D.C.I.T., 2Nd Floor, Somani Building, S.C. Link Vs. Circle-3, Road, Loha Mandi, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aadfb 2375 A Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Mahendra Gargieya & Shri Dewang Gargieya (Advs) Jktlo Dh Vksj Ls@ Revenue By: Shri Rajendra Singh (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/09/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/09/2021 Vkns'K@ Order

…to be considered as having been done without jurisdiction and vitiating the entire order which, results into as nullity and is not case of mere irregularity. He relied on the decision in the case of Colonisers vs. ACIT 11992] 41 ITD 57 (Hyderabad) (SB)/11993] 45 TTJ 114 (Hyderabad) (SB) 3.5 Complete non application of mind by the AO: 9 ITA 1388/JP/2019 _ M/s Bansiwala Iron & Steel Rolling Vs DCIT 3.6 As per settled law, the assessing officer is a quasi-judicial authority, who has to collect the evidences, material and then to adjudicate the matter after due and complete application of mind. He must record his o…