LAKSHYA ICE & COLD STORAGE P LTD,ALIGARH vs. ITO WARD 1(5), ALIGARH

In the result, by the assessee is allowed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenam/S Lakshya Ice & Cold Storage Pvt. Ltd. Vs.. Income Tax Officer, Goyal Bhawan, Opp. Maheshwari Inter Ward 1(5), Aligarh College, Sasni Gate, Bye Pass Road, Aligarh (Pan: Aabcl5656R) (Respondent) (Appellant)

section 147 of the Act mandates that exclusively the satisfaction of the assessing authorities based on some direct and relevant material could lay the foundation for issuing notice u/s 148 of the Act. According to the appellant, the AO has not applied his own mind and hence the assessment is not justified. 7 I have considered all the facts

SURESH CHAND GUPTA,JHANSI vs. DCIT-6, JHANSI

In the result, the assessee’s appeal is dismissed

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

10 ASSESSMENT YEAR-2010-11 income of Rs. 47,34,000/- escaped assessment in the meaning of section 147 of the Income Tax Act. So, Notice u/s 148 is being issued in this case.” 12. In the original assessment the AO has assessed income of the assessee in the following manner (refer para 4.1 of AO’s order

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

In the result, both the appeals filed by assessee are allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

reassessment order being void based on change of opinion. 10. We observe that it is an undisputed fact that during the original assessment proceedings completed under section 143(3) of the Act, the Assessing Officer had specifically examined the issue of share application money of Rs.18.32 crore received by the assessee from M/s Silver Heritage Nivas Pvt. Ltd. The record

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

In the result, both the appeals filed by assessee are allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

reassessment order being void based on change of opinion. 10. We observe that it is an undisputed fact that during the original assessment proceedings completed under section 143(3) of the Act, the Assessing Officer had specifically examined the issue of share application money of Rs.18.32 crore received by the assessee from M/s Silver Heritage Nivas Pvt. Ltd. The record

SMT. VIDHYA AGARWAL,AGRA vs. I.T.O., WARD-4(4), AGRA

The appeal is allowed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

147, and that the failure to take steps under section 143(3) will not render him powerless to initiate reassessment proceedings even when intimation under section 143(1) had been issued". "In other words", according to Hon'ble Bombay High Court, "when an intimation has been issued under section 143(1), the Assessing Officer is competent to initiate reassessment proceedings

DY.C.I.T., CENTRAL CIRCLE, AGRA vs. M/S VACMET PACKAGINGS (INDIA) PVT. LTD., AGRA

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

10 the AO for reopening of the assessment proceedings u/s 147 is reproduced as under :- “Information has been received from the Director of Income tax (Inv.)-II, ARA Centre, 2nd floor, E-2, Jhandewalan Extension, New Delhi vide his letter F.No. DIT(Inv.)-II/u/s 148/2011-12/7634 dt 23.3.2012 received through CIT(Central), Kanpur letter F.no.CIT(C)/KNP/148/2011-12/4107 dt. 23.3.2012 that

SHRI SIYARAM YADAV,MAINPURI vs. ITO 2(5), MAINPURI

In the result, the appeal is allowed

Bench: Shri A. D. Jain

10 determine the question whether Assessing Officer can proceed to make assessment under section 143(3) without issuing notice under section 143(2). The provision being mandatory, Assessing Officer cannot proceed to make assessment without issuing notice under section 143(2) of the Act, 1961”. In ‘CIT vs. Kalpaka Transport Co. Ltd.’, 287 ITR 15 12. (Ker), notice under section

BIJENDRA KUMAR,MATHURA vs. ITO-1(3)(1), MATHURA

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression ‘approved’ says nothing. It is not as if the CIT(A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest

GHANSHYAM ,MATHURA vs. ITO 3(2), MATHURA

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression ‘approved’ says nothing. It is not as if the CIT(A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest

GHANSHYAM ,MATHURA vs. ITO 3(2), MATHURA

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression ‘approved’ says nothing. It is not as if the CIT(A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest

ANITA YADAV,MATHURA vs. ITO -1(3)(1), MATHURA

The appeal is allowed

Bench: Shri A. D. Jain

reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression ‘approved’ says nothing. It is not as if the CIT(A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest

AVNINDRA MISHRA,MATHURA vs. ITO-1(3)(1), MATHURA

The appeal is allowed

Bench: Shri A. D. Jain

reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression ‘approved’ says nothing. It is not as if the CIT(A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest

TEJ SINGH,MATHURA vs. ITO 1(3)(4), MATHURA

In the result, the Appeal of the assessee is partly allowed

20) recorded by the AO to initiate proceedings u/s 147 of the Act against the assessee: “Reasons for initiating proceeding u/s 147 in the case of Sri Pataria S/o Sri Mani Ram, Village Maholi Distt. Mathura for A.Y. 2006-07. As per the information received from ITO-3(1), Mathura, the assessee introduced his land in term of capital amounting

MANOJ KUMAR AGARWAL,FARRUKHABAD vs. DCIT CIRCLE-4(2)(1) FARRUKHABAD, FARRUKHABAD

In the result, appeal of the assessee is allowed for AY 2017-18 and appeal of the assessee for AY 2015-16 is partly allowed

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing)

20,14,790 11,30,292 8,84,498 (2014790 X 56.47 / 100.66) 7. Accordingly, grounds raised by the assessee are partly allowed in the above mentioned terms for AY 2015-16. ITA No. 70/AGR/2025 - AY 2017-18 8. The assessee has raised a preliminary legal ground challenging the validity of assumption of jurisdiction u/s 147

MANOJ KUMAR AGARWAL,FARUKHABAD vs. ASSESSING OFFICER, FARRUKHABAD

In the result, appeal of the assessee is allowed for AY 2017-18 and appeal of the assessee for AY 2015-16 is partly allowed

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing)

20,14,790 11,30,292 8,84,498 (2014790 X 56.47 / 100.66) 7. Accordingly, grounds raised by the assessee are partly allowed in the above mentioned terms for AY 2015-16. ITA No. 70/AGR/2025 - AY 2017-18 8. The assessee has raised a preliminary legal ground challenging the validity of assumption of jurisdiction u/s 147

GOVIND SHARMA,MATHURA vs. ITO, WARD 1(3)(1), MATHURA

In the result, the assessee’s appeal is allowed

10. Before considering the merits of the contentions of the parties, it would be apposite to examine the relevant legal framework. 11. Section 151 of the Act, as it stood prior to the substitution by Act of 13 of 2001 is reproduced hereunder:- “151. Sanction for issue of notice. -(1) No notice shall be issued under section

SHRI ATUL SRIVASTAVA,AGRA vs. PCIT-1, AGRA, AGRA

The appeals of the assessees are allowed in above terms

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2012-13

10. The arguments of the ld. Counsel for the assessee briefly put are as under : (1) . There was no finding of any error by the ld. PCIT. (2) . Once the Assessing Officer was satisfied in proceedings u/s 147 of the Act, no proceedings u/s 263 of the Act can be resorted to. In this regard she relied upon the decision

SMT. SARIKA SRIVASTAVA,AGRA vs. PCIT-1, AGRA, AGRA

The appeals of the assessees are allowed in above terms

Bench: : Smt. Annapurna Gupta & Shri Sunil Kumar Singhassessment Year: 2012-13

10. The arguments of the ld. Counsel for the assessee briefly put are as under : (1) . There was no finding of any error by the ld. PCIT. (2) . Once the Assessing Officer was satisfied in proceedings u/s 147 of the Act, no proceedings u/s 263 of the Act can be resorted to. In this regard she relied upon the decision