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

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

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

In the result, both appeals i

reassessment proceeding imperssible and liable to be withdrawn. 4. That in any view of the matter declared receipt were received were from government department through cheque supported by form no. 16A and accepted by AO in original assessment hence action of the assessing officer under the proceeding u/s 148 of the IT Act. is not correct. 5. That

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

In the result, both appeals i

reassessment proceeding imperssible and liable to be withdrawn. 4. That in any view of the matter declared receipt were received were from government department through cheque supported by form no. 16A and accepted by AO in original assessment hence action of the assessing officer under the proceeding u/s 148 of the IT Act. is not correct. 5. That

KESARWANI & CO.,ALLAHABAD vs. JT.CIT,, ALLAHABAD

In the result the appeal of the assessee is partly allowed

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

KESARWANI & C0.,ALLAHABAD vs. JT.CIT., ALLAHABAD

In the result the appeal of the assessee is partly allowed

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

KESARWANI & C0,,ALLAHABAD vs. JT CIT,, ALLAHABAD

In the result the appeal of the assessee is partly allowed

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under Section 132 or requisition under Section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

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

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

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

54,114/- reported on Insight Portal. The incorrect amount reported in Insight Portal is verifiable from the Bank Statements itself. Thus reopening made on incorrect information and without independent verification by Ld. A. 0. with corresponding Bank Statement is bad in the eye of law and liable to be quashed. WITHOUT PREJUDICE TO ABOVE 7. That the authorities below erred