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

section 147 of the Act mandates that exclusively the satisfaction of the assessing authority 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. I have considered all the facts and circumstances

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

section 147 of the Act mandates that exclusively the satisfaction of the assessing authority 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. I have considered all the facts and circumstances

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

section 147 of the Act. Accordingly, the entire reassessment proceedings are void ab initio and liable to be quashed. 2.11 That reliance can fruitfully be made on the following judicial precedents: (a). DCIT v. Zuari Estate Development and Investment Co. Ltd. (2014) 373 ITR 661 (SC), whereinHon’ble Apex Court held that the condition precedent for reopening beyond four years

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

section 147 of the Act. Accordingly, the entire reassessment proceedings are void ab initio and liable to be quashed. 2.11 That reliance can fruitfully be made on the following judicial precedents: (a). DCIT v. Zuari Estate Development and Investment Co. Ltd. (2014) 373 ITR 661 (SC), whereinHon’ble Apex Court held that the condition precedent for reopening beyond four years

A.C.I.T.,CENTRAL CIRCLE, AGRA vs. M/S WELCOME COIR INDUSTRIES LTD.,, NEW DELHI

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

51,000/- A.Y. 2004-05:- Returned Income as estimated Rs.NIL Add:- 1. Unexplained deposit in account Rs. 2,06,53,000/- with Union Bank of India, Gwalior 2. Unexplained deposit in account Rs. 24,35,000/- Rs.2,30,88,000/- with HDFC Bank Total Assessed Income Rs.2,30,88,000/- A.Y. 2005-06:- Returned Income as estimated Rs.NIL

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)

51,760/- (56.47 X 8000). Since, the assessee has declared agricultural income of Rs. 20,14,790/- and claimed as exempt in the return, the differential sum of Rs. 15,63,030/- was sought to be added by the ld AO by treating it as income from other sources. 5. Before the ld CIT(A), the assessee reiterated the submission

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)

51,760/- (56.47 X 8000). Since, the assessee has declared agricultural income of Rs. 20,14,790/- and claimed as exempt in the return, the differential sum of Rs. 15,63,030/- was sought to be added by the ld AO by treating it as income from other sources. 5. Before the ld CIT(A), the assessee reiterated the submission

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

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

51,60,273/-’. Page 4 of 23 Tej Singh vs. ITO 4. Aggrieved by the assessment order dated 29/12/2016, the legal heirs of the assessee preferred an appeal before the CIT(A) , the Ld. CIT(A) vide order dated 20/11/2017 upheld the validity of the assessment order and directed the A.O. to allow the cost of acquisition of the property

DINESH KUMAR GUPTA,AGRA vs. ITO, AGRA

In the result, the appeal is allowed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

section 147 of the IT Act 1961 in the case of Shri Dinesh Chand Gupta, B-69 Trans Yamuna Colony, Agra in the assessment year 2008-09 and the escapement occurred due to failure on the part of the assessee to disclose fully and truly all material facts relating to payments exceeding Rs. 20,000/- and even the tax audit

ASHOK KUMAR AGARWAL,MATHURA vs. DCIT CENTRAL CIRCLE, AGRA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

51[sub-section (1) of] section 153A or the case may be : assessment year referred to in clause (b) of sub- Provided that no such order shall be passed section (1) of section 153B, except with the prior without the previous approval of— approval of the Joint Commissioner:] (a) the 8[Principal Commissioner or] 52[Provided that nothing contained

DCIT CENTRAL CIRCLE, AGRA vs. LT. SHRI MRADUL GARG, MATHURA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

51[sub-section (1) of] section 153A or the case may be : assessment year referred to in clause (b) of sub- Provided that no such order shall be passed section (1) of section 153B, except with the prior without the previous approval of— approval of the Joint Commissioner:] (a) the 8[Principal Commissioner or] 52[Provided that nothing contained

SAURABH AGARWAL,MATHURA vs. DCIT CENTRAL CIRCLE, AGRA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

51[sub-section (1) of] section 153A or the case may be : assessment year referred to in clause (b) of sub- Provided that no such order shall be passed section (1) of section 153B, except with the prior without the previous approval of— approval of the Joint Commissioner:] (a) the 8[Principal Commissioner or] 52[Provided that nothing contained

LT. SHRI MRADUL GARG,MATHURA vs. DCIT CENTRAL CIRCLE, AGRA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

51[sub-section (1) of] section 153A or the case may be : assessment year referred to in clause (b) of sub- Provided that no such order shall be passed section (1) of section 153B, except with the prior without the previous approval of— approval of the Joint Commissioner:] (a) the 8[Principal Commissioner or] 52[Provided that nothing contained

ACIT CENTRAL CIRCLE, AGRA vs. D.S. INDIA JEWELMART P LTD, MATHURA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

51[sub-section (1) of] section 153A or the case may be : assessment year referred to in clause (b) of sub- Provided that no such order shall be passed section (1) of section 153B, except with the prior without the previous approval of— approval of the Joint Commissioner:] (a) the 8[Principal Commissioner or] 52[Provided that nothing contained

D.S. INDIA JEWELMART P LTD,MATHURA vs. ACIT CENTRAL CIRCLE, AGRA

In the result, the appeals of the assessee are allowed and those of Revenue are

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

51[sub-section (1) of] section 153A or the case may be : assessment year referred to in clause (b) of sub- Provided that no such order shall be passed section (1) of section 153B, except with the prior without the previous approval of— approval of the Joint Commissioner:] (a) the 8[Principal Commissioner or] 52[Provided that nothing contained

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

147 and the same enquiry have been referred in the case of the Md. Irfan. Though, it is very established that, this is not a case of lack of enquiry, therefore it is mere a change of opinion of the Ld. PCIT in invoking the provisions of section 263 read with Explanation 2 clause (a) and since adequate

HMA AGRO INDUSTRIES LIMITED,AGRA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, AGRA, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

147 and the same enquiry have been referred in the case of the Md. Irfan. Though, it is very established that, this is not a case of lack of enquiry, therefore it is mere a change of opinion of the Ld. PCIT in invoking the provisions of section 263 read with Explanation 2 clause (a) and since adequate

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

147 and the same enquiry have been referred in the case of the Md. Irfan. Though, it is very established that, this is not a case of lack of enquiry, therefore it is mere a change of opinion of the Ld. PCIT in invoking the provisions of section 263 read with Explanation 2 clause (a) and since adequate

SARVESH DEVI (LEGAL HEIR OF LATE MADAN LAL TOMAR),AGRA vs. ITO, WARD 2(1)(1), AGRA, AGRA

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing) Sarvesh Devi (Legal Heir Vs. Income Tax Officer, Of Late Madan Lal Tomar), Ward-4(3)(1), 51, Keshavkunj Pratap Hathras Nagar, Agra (Appellant) (Respondent) Pan: Eshpd4540M Assessee By : Shri Rajesh Malhotra, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 18/08/2025 Date Of Pronouncement 13/11/2025

51, Keshavkunj Pratap Hathras Nagar, Agra (Appellant) (Respondent) PAN: ESHPD4540M Assessee by : Shri Rajesh Malhotra, CA Revenue by: Shri Anil Kumar, Sr. DR Date of Hearing 18/08/2025 Date of pronouncement 13/11/2025 O R D E R 1. The appeal in ITA No. 311/AGR/2025 for AY 2007-08, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi