Sheo Nath Singh v. AAC

Mr. Ghulam Nabi Beigh, Srinagar vs. Income Tax Officer, Ward 3(1), Srinagar

In the result, the assessee’s appeal is allowed

Bench: Sh. Sanjay Arorai.T.A. No. 538/Asr/2017 Assessment Year: 2008-09

…irect, live, and rational nexus with the reason to believe (as to the relevant income escaping assessment), the law on which is well-settled (refer, inter-alia, decisions in S. Narayanappa & Ors. v. CIT [1967] 63 ITR 219 (SC); Sheo Nath Singh v. AA CIT [1971] 82 ITR 147 (SC); and ITO v. Lakhmani Mewal Dass [1976] 103 ITR 437 (SC)). The decisions relied upon by the AO, which stand perused, nowhere contradict the proposition on the basis of which the reassessment is being held as without jurisdiction in the present case. Rather, the same, in ratio, support what has been said. For example, in ALA Firm v. CIT [1991]…

M/S Nice Telecom, Mansa vs. The Income Tax Officer, Ward 1(4), Mansa

In the result, the assessee’s appeal is allowed

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 153/Asr/2014 Assessment Year: 2007-08

…rect nexus with the information or the material on record. The proposition is too well settled to require elaboration, and toward which we may though cite some decisions, as S. Narayanappa & Ors. v. CIT [1967] 63 ITR 219 (SC); Sheo Nath Singh v. AA CIT [1971] 82 ITR 147 (SC); and ITO v. Lakhmani Mewal Dass [1976] 103 ITR 437 (SC). In the instant case, we find the same as completely missing. There is, to begin with, no reference to the same in the reasons 5 Nice Telecom v. ITO recorded (PB pg. 9). On what basis, then, does the AO state of the repair expenditure incurred during the warranty period as being liable…

M/S Holy Faith International Pvt. Ltd, Jalandhar vs. The Dy Commissioner of Income Tax, Jalandhar

In the result, the appeal of the assessee is allowed

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Ravish Soodita No.181/Asr./2017 : Asstt. Year : 2008-09 M/S Holy Faith International Vs Deputy Commissioner Of Income Tax, Pvt. Ltd., Mbd House, Central Circle-Ii, Railway Road, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Aaach6111J Assessee By : Sh. Sudhir Sehgal, Adv. Revenue By : Sh. Bhawani Shankar, Dr Date Of Hearing : 07.01.2019 Date Of Pronouncement : 15.01.2019 Order Per N. K. Saini: This Is An Appeal By The Assessee Against The Order Dated 20.03.2017 Of Ld. Cit(A)-I, Jalandhar. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Worthy Commissioner Of Income Tax (A)-1, Jalandhar Has Erred In Dismissing The Appeal Filed By The Assessee. 2. That The Ld. Cit(A) Has Erred In Confirming The Contention Of The Assessing Officer In Reopening The Case U/S 148 Of The Income Tax Act And, Thus, Framing Of Assessment U/S 147 R.W.S.143(3)/153C At An Income Of Rs. 4,95,13,441/- Against The Returned Income Of Rs. 4,63,33,441/-. 3. That The Ld. Cit(A) Has Erred In Not Considering That There Was No Reason To Believe That The Income Of The

…IN THE INCOME TAX APPELLATE TRIBUNAL CAMP BENCH AT JALANDHAR Before Sh. N. K. Saini, Hon’ble Vice President and Sh. Ravish Sood, Judicial Member ITA No.181/Asr./2017 : Asstt. Year : 2008-09 M/s Holy Faith International Vs Deputy Commissioner of Income Tax, Pvt. Ltd., MBD House, Central Circle-II, Railway Road, Jalandhar Jalandhar (APPELLANT) (RESPONDENT) PAN No. AAACH6111J Assessee by : Sh. Sudhir Sehgal, Adv. Revenue by : Sh. Bhawani Shankar, DR Date of Hearing : 07.01.2019 Date of Pronouncement : 15.01.2019 ORDER Per N. K. Saini, Vice President: This is an appeal by the assessee against the order dated 20.…

Novo Nordisk India Private Limited vs. The Deputy Commissioner of Income Tax Circle 12 (2

Bench: S.SUJATHA

…otice issued being not in conformity with the provisions of the Act, it being the base or the foundation, edifice built upon it, has to fall. 13. In the case of Sheo Nath Singh V/s. Appellate Assistant Commissioner of Income Tax, reported in [1971] 82 ITR 147, the Hon'ble Supreme Court while considering the Section 147 of the Act, observed thus: “The words “reason to believe” suggest that the belief must be that of an honest and reasonable person based upon reasonable grounds and that the Income-tax Officer may - 18 - act on direct or circumstantial evidence but not on mere suspicion,…

M/S Deepraj Hospital P Ltd, Hathras vs. ITO 3(5), Hathras

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

…a mere formality but it is mandatory. Any failure to fulfill that condition would vitiate the entire 148 proceedings as has been held by the Apex Court in the case of:- i) Johri Lal (HUF) vs. CIT reported in 88 ITR 439 ii) Sheo Nath Singh vs. AAC reported in 82 ITR 147 . iii) Ganga Saran & Sons (P) Ltd vs. ITO reported in 130 ITR 1. I.T.A Nos. 41 & 40/Agra/2017 9 iv) ITO vs. Lakhmani Mewal Das reported in 103 ITR 437. 10. That considering the facts and the legal position as mentioned above the initiation of proceedings u/s 147 of the Act and consequent issue of notice u/s 148 of the Act is invalid and without j…

M/S Charan Singh Ice & Storage P Ltd, Hathras vs. ITO 3(5), Hathras

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

…a mere formality but it is mandatory. Any failure to fulfill that condition would vitiate the entire 148 proceedings as has been held by the Apex Court in the case of:- i) Johri Lal (HUF) vs. CIT reported in 88 ITR 439 ii) Sheo Nath Singh vs. AAC reported in 82 ITR 147 . iii) Ganga Saran & Sons (P) Ltd vs. ITO reported in 130 ITR 1. I.T.A Nos. 41 & 40/Agra/2017 9 iv) ITO vs. Lakhmani Mewal Das reported in 103 ITR 437. 10. That considering the facts and the legal position as mentioned above the initiation of proceedings u/s 147 of the Act and consequent issue of notice u/s 148 of the Act is invalid and without j…