JYOTI MEDISERVICES PRIVATE LIMITED,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, ALLAHABAD

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 153A have been framed by ACIT, Central Circle, New Delhi, therefore, prior approval of the JCIT in respect of each assessment year referred to under section 153A or 153B shall have to be obtained. Thus, no order of assessment or re-assessment shall be passed by the A.O. in the present cases in respect of each assessment years under

JYOTI MEDISERVICES PRIVATE LIMITED,ALLAHABAD vs. DCIT, CENTRAL CIRCLE, ALLAHABAD, ALLAHABAD

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 153A have been framed by ACIT, Central Circle, New Delhi, therefore, prior approval of the JCIT in respect of each assessment year referred to under section 153A or 153B shall have to be obtained. Thus, no order of assessment or re-assessment shall be passed by the A.O. in the present cases in respect of each assessment years under

SYED SHOEB ASHRAF,AMBEDKAR NAGAR vs. CIT(APPEALS), DELHI

In the result, the appeal of the assessee is allowed for statistical purposs

Bench: Shri Aby T. Varkey & Shri Ramit Kocharassessment Year: 2011-12 Mr. Syed Shoeb Ashraf, The Ito, 516, Vill & Post Baskhari, V. Ambedkar Nagar, U.P. Ambedkar Nagar-224129, U.P. Pan:Akrpa1580C (Appellant) (Respondent) Assessee By: None (Application) Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.09.2023 Date Of Pronouncement: 15.09.2023 O R D E R

4. Being aggrieved by reassessment order, the assessee filed first appeal with ld. CIT(A) , who issued five notices of hearing to the assessee, fixing date of hearing on 04.02.2021 , 22.04.2022, 13.10.2022 , 04.11.2022 and 12.12.2022 which remained non-complied with by the assessee. The ld. CIT(A) dismissed the appeal of the assessee for non-prosecution

SWATANTRA MISHRA,GEORGE TOWN, ALLAHABAD vs. ITO, WARD 1(5), ALLAHABAD

In the result, appeal of the assessee is allowed for statistical purposes

Bench: Shri Aby T. Varkey & Shri Ramit Kocharassessment Year: 2011-12 Smt. Swatantra Mishra, Income Tax Officer, F-6 Tulsiani Enclave, Lowther Road, V. Ward-1(5), Allahabad George Town, Allahabad, U.P. Pan:Axvpm0471B (Appellant) (Respondent) Assesseeby: None (Application) Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.09.2023 Date Of Pronouncement: 15.09.2023 O R D E R

reassessment order passed by ld. AO was confirmed. There is no independent application of mind by ld. CIT(A) while sustaining additions made by the AO on merits, and hence the appellate order passéd by ld. CIT(A) is not in compliance with provisions of Section 250(6). It is also observed that the assessee is equally responsible

SHYAM BABU KESARWANI,KAUSHAMBI vs. ITO WARD- 2 (5), KAUSHAMBI

In the result, the appeal is allowed for statistical purposes

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2012-13 Shyam Babu Kesarwani, Vs. Income Tax Officer, Tilhapur Mor, Kaushambi Ward-2(5), Kaushambi Pan:Bgepk4506N (Appellant) (Respondent) Assessee By: Sh. Praveen Godbole, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 22.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of The Act Passed On 22.12.2023. The Grounds Of Appeal Preferred Are As Under:- “1. That In Any View Of The Matter Assessment Made U/S 143(3) R.W.S. 147 Of The Act By Order Dated 31.10.2019 On Income Of Rs.28,27,870/- Is Bad Both On The Fact & In Law. 2. That In Any View Of The Matter Proceeding As Initiated U/S 147 Is Not Valid Proceeding In The Eyes Of Law Since No Material Was Brought On Record That Assessee Has Concealed Any Income & The Issue Again Taken Up In The Reassessment Proceeding Which Was Already Before The Assessing Officer At The Time Of Original Assessment & After Due Application Of Mind The Then Assessing Officer Passed Speaking Order U/S 143(3) Of The Act Hence Simply On Change Of Opinion The Reassessment Proceeding U/S 147 Of The Act As Initiated Are Bad In Law. 3. That In Any View Of The Matter The Addition Of Rs.25,25,415/- As Made By The Assessing Officer By Passing Ex-Parte Order On Account Of Excess Deposit In Bank Considered As Unexplained Money U/S 69A Of The Act Is Highly Unjustified & His Action As Confirmed By Cit(A) Is Highly Unjustified.

section 250 of the Act passed on 22.12.2023. The grounds of appeal preferred are as under:- “1. That in any view of the matter assessment made u/s 143(3) r.w.s. 147 of the Act by order dated 31.10.2019 on income of Rs.28,27,870/- is bad both on the fact and in law. 2. That in any view

DY. COMMISSIONER OF INCOME TAX, CIRCLE -1, ALLAHABAD vs. M/S DEORA ELECTRIC WORKS, ALLAHABAD

In the result, both appeals i

section 250 of the Act on 28.07.2020 by the assessee and the Department, respectively. The grounds of appeal in these two cases are as under:- “1. That in any view of the matter reopening of original assessment vide the order dated 30/12/2011 framed u/s 143(3) of the IT Act by issue of notice u/s 148 of the IT A.Y.2009-10

M/S DEORA ELECTRIC WORKS,ALLAHABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE -1, ALLAHABAD

In the result, both appeals i

section 250 of the Act on 28.07.2020 by the assessee and the Department, respectively. The grounds of appeal in these two cases are as under:- “1. That in any view of the matter reopening of original assessment vide the order dated 30/12/2011 framed u/s 143(3) of the IT Act by issue of notice u/s 148 of the IT A.Y.2009-10

PAWAN KUMAR KASAUDHAN, L/H- POONAM GUPTA,SULTANPUR vs. ITO, SULTANPUR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: Shri Subhash Malguria & Shri Nikhil Choudhary

reassessment proceedings the reason for reopening was also provided to the assessee. The Assessing Officer had issued two notices u/s 142(1) of the Act on 26/11/2021 and 02/01/2022. When no response was received from the assessee, the Assessing Officer issued show cause notice u/s 144 of the Act on 10/02/2022. Though the notices were issued through e-mail

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

YOGI SATYAM,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

SANJANA,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

section 148 of the Act for different assessment years that the assessees filed their returns of income and, thus, evidently there was escapement of income. It was further submitted that the AO has already given benefit of the aggregate deposits appearing in the bank accounts and he has only brought to tax the excess of receipts over the expenditure, which