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

reopening of assessment u/s 147.The AO has recorded reason to believe u/s 147 of the IT Act 1961 as follows (APB-52). “In this case, the assessment was completed u/s 143(3) of the IT Act at total income of Rs. 2,90,52,820/- against the return income of Rs. 2,73,46,630/-. From the perusal of Balance

SAPNA CHAUHAN,ETAWAH vs. ITO, ETAWAH

In the result,both the appeals in ITA No

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

reopening the assessment was not valid.” 18. In the case of ChunnilalPrajapatiVsITO 2011 (2) TMI 1522 the Lucknow Bench of the ITAT was required to adjudicate the legality of action under section 148, initiated on the basis of Report from the Investigation Wing that assessee had invested in purchase of immovable property, sources of which remained unexplained before the Investigation

PUSHPA,MATHURA vs. ITO-1(2)(3), MATHURA

In the result,both appeals are allowed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenashri. Pushpendra Singh. Vs.. Income Tax Officer- 1(2)(3), M-22, Phase-I, Mahavidhya Colony. Agra. Mathura. Pan: Dldps6755P (Appellant) (Respondent) Smt. Pushpa Vs.. Income Tax Officer- 1(2)(3), M-22, Phase-I, Mahavidhya Colony. Agra. Mathura. Pan: Bcopd0484L (Appellant) (Respondent)

assessment to tax……..”. Therefore, the case is distinguishable on facts. 25. Learned Sr. D.R has placed reliance to Sri Banarsi Prasad vs CIT decided on 29 February, 2008, wherein no question of reopening was involved and the Hon’ble High Court , context of section 68

PREMWATI SUMAN,AGRA vs. ITO-1(3), AGRA

In the result both appeals are allowed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenasmt. Premwati Suman, Vs.. Income Tax Officer- 1(3), 1/1, Hig Flats, Sanjay Place, Agra. Agra. Pan: Bnvps9819N (Appellant) (Respondent) Shri. Ranjeet Suman, Vs.. Income Tax Officer- 1(3), 1/1, Hig Flats, Sanjay Place, Agra. Agra. Pan: Bnlps9622P (Appellant) (Respondent)

Assessing officer with jurisdiction to issue notice under section 148 of the Act. The distinction noted by the learned CIT (A) is unconvincing and without any basis merely to circumvent and overcome the binding force of the referred decisions. ITAT, Delhi in the case of BirBahadur Singh Sijwali vs. ITO(2015) 68 SOT 197 (Delhi –Trib) wherein it was held

PREM LATA VERMA ,ALIGARH, UTTAR PRADESH vs. DCIT, CIRCLE 4(1)(1), ALIGARH, ALIGARH, UTTAR PRADESH

In the result, assessee’s appeal is allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2016-17

reopened u/s. 147 of the Act by issuance of notice u/s. 148 of the Act dated 30.03.2021 on the basis of information provided by assessee’s husband Shri Rajveer Singh in the affidavit filed before Election Commission of India during Election, 2019. According to the assessment order, the details of status of ITRs and taxable income declared in the affidavit

HYDRISE FOODS PRIVATE LIMITED,NOIDA, UTTAR PRADESH, INDIA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AGRA, AGRA, UTTAR PRADESH, INDIA

In the result, both the appeals of the assessee are allowed

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

68,040/- Yours Faithfully, (Pratibha Singh) Asst. Commissioner of Income Tax Central Circle-08, New Delhi” 11. From the above proposal, it is clear that the same is not accompanied by any assessment folder, seized material or any other related documents for completion of assessment. It means that before the Additional CIT, only a proposal vide letter F.No.ACIT/Central

HYDRISE FOODS PRIVATE LIMITED,UTTAR PRADESH, INDIA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AGRA, AGRA, UTTAR PRADESH, INDIA

In the result, both the appeals of the assessee are allowed

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

68,040/- Yours Faithfully, (Pratibha Singh) Asst. Commissioner of Income Tax Central Circle-08, New Delhi” 11. From the above proposal, it is clear that the same is not accompanied by any assessment folder, seized material or any other related documents for completion of assessment. It means that before the Additional CIT, only a proposal vide letter F.No.ACIT/Central

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)

reopened the assessment solely on the basis of general nature of information received from DGIT(Inv.), New Delhi and his suggestion/dictatum without application of his mind so as to come to an independent conclusion that he has reason to believe that income has escaped assessment and thus he has acted upon borrowed satisfaction, therefore the consequent reassessment made is invalid

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

In the result, appeal filed by the assessee for AY 2019-20 is\nallowed and appeals filed by the Revenue in AYs 2021-22, 2022-23 and\n2023-24 are dismissed

68 read with section 263, of the Income-tax Act,\n1961 - Cash credit (Gift) Assessment years 2007-08 and\n2008-09 - Assessee received certain amount as gifts from\nhis father and sister who were non-residents in India\nAssessing Officer after making detailed enquiries, took a\nview that assessee had duly proved identity, source and\ncreditworthiness of donors Commissioner, however

RATNESH KUMAR JAIN,SHIVPURI vs. INCOME TAX OFFICER ASHOK NAGAR, GWALIOR

In the result, appeal of the assessee is allowed for statistical\npurposes

68,53,128/-, out of which cash deposits were to the tune\nof Rs.1,28,13,500/-. The assessee was asked by the Assessing Officer to\nexplain the source of the cash deposits, but no reply was furnished by\nthe assessee. Assessing Officer issued fresh show cause notice dated\n15.03.2022 along with draft assessment order proposing to make\naddition

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)

Section 147 of the Act, we find that the same would be applicable only if no assessment has been made earlier for the year which is sought to be reopened. In the instant case, the assessment has already been framed originally u/s 143(3) of the Act dated 24.12.2019 order of which is enclosed in page 381 of the Paper

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)

Section 147 of the Act, we find that the same would be applicable only if no assessment has been made earlier for the year which is sought to be reopened. In the instant case, the assessment has already been framed originally u/s 143(3) of the Act dated 24.12.2019 order of which is enclosed in page 381 of the Paper

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

In the result, the assessee’s appeal is allowed

68 of the Act as an unexplained cash credit vide assessment order dated 30.03.2022. 2. At the very outset, we notice that despite, appellant assessee having raised several grounds of appeal before the tribunal, an additional legal ground has also been raised through an application dated 14.01.2026, which reads as under: “That the assessment competed u/s. 147 r.w.s 144B

M/S UMA GLASS WORKS,AGRA vs. PR.CIT.-1, AGRA

In the result, both the appeals of the assessee for AYs 2014-15 and

Bench: Shri Anil Chaturvedi & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A Nos.17 & 18/Agra/2021 िनधा"रणवष"/Assessment Years:2014-15 & 2015-16 बनाम M/S Uma Glass Works Pcit, 22, Near Industrial Estate, Vs. Agra-1, Firozabad - 283203 Uttar Pradesh.

reopened by recording reasons and issue of notice u/s 148 of the Act. In the reasons recorded the Assessing officer stated that income of Rs.19,83,32,367/- (being the difference in opening stock, purchases, sales and closing stock, GP/NP as per ITR and hard disk impounded) has escaped assessment for the assessment year 2014-15 and accordingly the reassessment

M/S UMA GLASS WORKS ,FIROZABAD vs. PR.CIT.-1, AGRA

In the result, both the appeals of the assessee for AYs 2014-15 and

Bench: Shri Anil Chaturvedi & Shri Challa Nagendra Prasadआ.अ.सं/.I.T.A Nos.17 & 18/Agra/2021 िनधा"रणवष"/Assessment Years:2014-15 & 2015-16 बनाम M/S Uma Glass Works Pcit, 22, Near Industrial Estate, Vs. Agra-1, Firozabad - 283203 Uttar Pradesh.

reopened by recording reasons and issue of notice u/s 148 of the Act. In the reasons recorded the Assessing officer stated that income of Rs.19,83,32,367/- (being the difference in opening stock, purchases, sales and closing stock, GP/NP as per ITR and hard disk impounded) has escaped assessment for the assessment year 2014-15 and accordingly the reassessment

ANIL KUMAR AGARWAL,AGRA vs. DCIT 2(1)(1), AGRA, AGRA

In the result, the appeal of the assessee is allowed

Bench: Shri M. Balaganesh(Through Virtual Hearing) Anil Kumar Agarwal, Vs. Dy. Cit, 44, R. S. Residency, Circle-2(1)(1), Dayal Bagh, Agra, Up Agra (Appellant) (Respondent) Pan: Aampa3335J Assessee By : Shri Rajni Kant Verma, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 17/09/2025 Date Of Pronouncement 19/11/2025

reopening the assessment by way of a separate speaking order dated 6-12-2018 which is reproduced in pages 4 to 7 of the assessment order. The Learned AO issued a final show-cause notice asking for the source of cash deposits of Rs. 13 lakhs and also suggesting why the said cash deposits be not treated as unexplained income

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)

68 read with section 263, of the Income-tax Act, 1961 - Cash credit (Gift) Assessment years 2007-08 and 2008-09 - Assessee received certain amount as gifts from his father and sister who were non-residents in India - Assessing Officer after making detailed enquiries, took a view that assessee had duly proved identity, source and creditworthiness of donors - Commissioner, however

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)

68 read with section 263, of the Income-tax Act, 1961 - Cash credit (Gift) Assessment years 2007-08 and 2008-09 - Assessee received certain amount as gifts from his father and sister who were non-residents in India - Assessing Officer after making detailed enquiries, took a view that assessee had duly proved identity, source and creditworthiness of donors - Commissioner, however