“reassessment proceedings”

Deputy Commissioner of Income Tax, Noida vs. Formula One Marketing II Limited, United Kingdom

Bench: Shri Shamim Yahya & Shri Sudhir Pareek

present case. As it this Judgment does not deal with the provisions of Section 234B of the Act and deals with the scope of reassessment proceedings under Section 147 of the Act. The question before the Supreme Court was whether an assessee is entitled to seek a review of claims ... Assessing Officer in the original assessment proceeding. The Supreme Court after considering the provision of Section 147 of the Act held that the reassessment proceeding is initiated for benefit of the Revenue and an assessee is not allowed to reagitate the issues already decided in the earlier proceeding. 7.1 Likewise

Reeta Rana, Saharanpur vs. DCIT-3, Sahranpur

In the result, assessee’s appeal is allowed

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Royassessment Year: 2010-11

DCIT A.Y. 2010-11 4 Reeta Rana v. DCIT A.Y. 2010-11 4. Ld. AR submitted that there was lack of inherent Jurisdiction because reassessment proceedings were initiated by non jurisdictional officer and hence the assessment order may be quashed. We find that Coordinate Bench of ITAT in the case ... said provision is not applicable because it is a matter of assumption of valid jurisdiction in the matter or to validly initiate the reassessment proceedings against the assessee. It is not a case of succession to exercise jurisdiction by one ITO to another ITO. Since, reasons have been recorded

Income Tax Officer, Ward-, Jind vs. Kulbhushan Kansal, Narwana

In the result, the appeal of Revenue is dismissed

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumarassessment Year: 2014-15 Income Tax Officer, Kulbhushan Kansal, Ward -1, H. No.106, Model Town, Jind (Haryana) Vs. Narwana Pin: 126 102 Pin: 126 116 Pan: Adspk5710E (Appellant) (Respondent)

issued to assessee. Notices under Section 142(1) along with questionnaire was issued to the assessee from time to time. On completion of reassessment proceedings, Ld. AO vide order dated 31.03.2022 made addition of Rs.1,80,50,000/- under Section 69A of the Act. Against order dated 31.03.2022, assessee filed

DCIT, Circle - 19(1), Delhi vs. Atul Goel, Delhi

In the result, appeal of the Revenue is dismissed being devoid of any merit

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.4145/िद"ी/2024(िन.व. 2012-13) Deputy Commissioner Of Income Tax, Circle-19(1), 2Nd Floor, C R Building, I.P Estate, ...... अपीलाथ"/Appellant New Delhi 110002 बनाम Vs. Atul Goel, S-33, Panchsheel Park, Hauz Khas, Delhi 110017 ..... "ितवादी/Respondent Pan: Aadpg-2222-P Co No. 111/Del/2024 (A.Y.2012-13) In Ita No. 4145/Del/2024 Atul Goel, S-33, Panchsheel Park, Hauz Khas, Delhi 110017 ...... अपीलाथ"/Appellant Pan: Aadpg-2222-P बनाम Vs. Deputy Commissioner Of Income Tax, Circle-19(1), 2Nd Floor, C R Building, I.P Estate, ..... "ितवादी/Respondent New Delhi 110002 Assessee By : Shri Ved Jain, Advocate & Ms. Uma Upadhyay, Chartered Accountant Department By : Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/03/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 30/05/2025

SFIO which intern was based on investigation made in the transactions of NSEL with regard to CCM carried out by few unscrupulous brokers. The reassessment proceedings were initiated against the assessee after four years, no independent inquiry was carried out by the Assessing Officer after receipt of the information from ... figure, but has than added the value of the sale/ purchase of certain trades, alleging them as income from other sources. 9.4. During the reassessment proceedings, the appellant had furnished complete details of transactions wherein CCM was carried out, which has neither been doubted nor any error/discrepancy been pointed

Rajeev Behl, New Delhi vs. ACIT, Central Circle-14, Delhi

Appeal is allowed

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Royassessment Year: 2013-14

erred in law in upholding the validity of proceedings u/s 147 read with section 148 of the Act, without appreciating the fact that the reassessment proceedings have been initiated without obtaining the approval as per the provisions of section 151(1) of the Act. 2. On facts and circumstances ... that he was aware of it and yet chose not to apply it. It is, therefore, much easier to see that the initiation of reassessment proceedings here is based on definite material not considered at the time of the original assessment.” 21. Quite apart from the fact that A.L.A. Firm

Rahul Goel, New Delhi vs. ITO Ward-40(3), New Delhi

Appeal of the assessee is allowed

Bench: Ms. Madhumita Roy & Shri Khettra Mohan Royassessment Year: 2014-15

Assessment Year 2014-15. 2. The assessee has raised the following grounds of appeal: “1. Because the action for initiation, continuation and conclusion of reassessment proceedings u/s 143(3) is being challenged on facts and law. 2. Because the action for passing order u/s 250 is being challenged on facts

ITO (E), Ghaziabad vs. M/S. Sahyog Jan Kalyan Samiti, Kanpur

In the result, the appeal of the Revenue is dismissed

Bench: Shri Yogesh Kumar Us & Shri Manish Agarwal

After considering the submissions and perusing from the order of Ld.CIT(A), we find that in the instant case, Ld.CIT(A) has held the reassessment proceedings as invalid by observing that the case of the assessee is re-opened after a period of four years without any tangible material ... possession of the AO itself amounts to change in opinion as has been held in Usha International Ltd. (2012) 348 ITR 485 (Delhi) (FB). Reassessment proceedings will be invalid in case the assessment order itself records that the issue under consideration was raised and was decided subsequently. Reassessment proceedings

DCIT, New Delhi vs. M/S Sahara India Mass Communication Ltd., Mumbai

In the result, the appeal of the revenue stands dismissed as above

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

income chargeable to tax which had escaped assessment. Accordingly, in the absence of there being any income escaping assessment, the initiation of reassessment proceedings in the year under consideration was invalid and bad in law. Reliance was placed on the decision of the Mumbai Bench of the Tribunal ... 2672/Mum/2009 wherein the Tribunal held that the "escapement of income" is one of the fundamental conditions for initiation of reassessment proceedings. 6.3 The Ld. Counsel submitted that the reasons for reopening the assessment supplied to the assessee revealed that there was no allegation of failure on the part