SHRI. MANJIT KRISHAN MALHOTRA,ABOHAR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, BATHINDA

The appeals of the assessee are disposed of in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

u/s 171D and 271E passed by the JCIT, Bathinda, wherein as per the section 271D and 271E, the JCIT is categorically empowered for the penalty performance, being the quasi judicial action; that the Ld. PCIT while cancelling the penalty order, passed Manjit Krishan Malhotra v. Pr.CIT under section 271D and 271E, dated 10.02.2014, by the Jt. Commissioner of Income

SMT. SATVIR KAUR W/O SH. SHINDER SINGH,FEROZEPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, AMRITSAR

In the result, the appeal of the assessee is allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

147 of the Act. 4. It is submitted that the proceedings u/s 263 of the Act has been initiated merely on the basis of DIFFERENCE OF OPINION and, it is humbly submitted that a difference of opinion cannot be taken as a ground to determine the order passed by the Ld. AO as erroneous and prejudicial to the revenue. Reliance

JALALABAD SOLVEX PRIVATE LTD,JALALABAD vs. PR COMMISSIONER OF INCOME TAX , AMRITSAR-1, PR COMMISSIONER OF INCOME TAX

In the result, the appeal filed by the assessee is allowed

Bench: Sh. Udayan Dasgupta & Sh. Krinwant Sahay

reassessment of proceedings read with section assessment filed by 147 the assessee 8 I.T.A. No. 117/Asr/2024 Jalalabad Solvex Pvt. Ltd. v. Pr. CIT iv 08-12- Notice under The assessee has 2021 section 142(1) filed the required information in the Notice under section 142(1) issued on 08- 12- reply dated 2021 asking for the information:- 02/01/2022 and 28/02/2022

THE DY. COMMISSIONER OF INCOME TAX, AMRITSAR. vs. SH. JAIMAL SINGH, L/H. SH. PREM CHAND,, TARN TARAN

In the result, the appeal bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

263. Further, he agitated that the section 69 will I.T.A. No. 82/Asr/2016 9 & C.O. 11/Asr/2016 not be applicable to the legal heir for the assessee and also challenged the jurisdiction for reassessment u/s 147

KAISER INDUSTRIES LIMITED,SAMBA vs. PRINCIPAL.COMMISSIONER OF INCOME TAX-1, SRINAGAR

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding and was satisfied that no income has escaped ITA Nos. 20&21/Asr/2021 7 Kaiser Industries Ltd. v. Pr.CIT assessment. The Ld. PCIT, Srinagar has set aside the order passed by Ld. A.O. u/s 143(3) read with section 147 of the I.T. Act, 1961 dated 20.12.2017 with the directions to the A.O to reframe the assessment de- novo

KAISER INDUSTRIES LIMITED ,SAMBA vs. PRINCIPAL COMMISSONER OF INCOME TAX-1, SRINAGAR

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding and was satisfied that no income has escaped ITA Nos. 20&21/Asr/2021 7 Kaiser Industries Ltd. v. Pr.CIT assessment. The Ld. PCIT, Srinagar has set aside the order passed by Ld. A.O. u/s 143(3) read with section 147 of the I.T. Act, 1961 dated 20.12.2017 with the directions to the A.O to reframe the assessment de- novo

MESERS SUPERTECH FORGINGS(INDIA) PVT.LTD.,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE IV, JALANDHAR

In the result, the appeal of the Assessee is allowed

section 147, of the Income-tax Act, 1961 - Unexplained money (Cash) - Assessment year 2012-13 - One of Directors of assessee company namely 'A' was carrying Rs. 5 lakhs from Delhi to Ghaziabad for payment of wages and other normal expenses - 'A' was stopped by UP Police on border of Delhi and said cash was seized - On basis of information received

SHRI KULDIP SINGH,KAPURTHALA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, appeal of the assessee is dismissed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment, to accept cash deposited in bank as trading transactions to assess net profit thereon, the ld. PCIT erred in setting aside the order simply for making roving enquiries. 4. That the order under appeal is wholly against law and facts of the case.” 3. The assessment order passed by the AO is extracted here under: “After recording reasons

SHRI SHAM SUNDER AGGARWAL,KAPURTHALA vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

147 as also the additions made in order dt.27.12.2018, having close bearing on purchases doubted by PCIT, was pending, the jurisdiction u/s.263 could not be invoked in law. I.T.A. No.17/Asr/2021 3 Assessment Year: 2011-12 4. That when all the relevant details and documents were filed in reassessment, and examined by the ld. lTO qua the issues as per 'reasons

M/S HOLY FAITH INTERNATIONAL PVT. LTD,JALANDHAR vs. THE DY COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal of the assessee is allowed

Bench: Sh. N. K. Saini, Hon’Ble & Sh. Ravish Soodita No.181/Asr./2017 : Asstt. Year : 2008-09 M/S Holy Faith International Vs Deputy Commissioner Of Income Tax, Pvt. Ltd., Mbd House, Central Circle-Ii, Railway Road, Jalandhar Jalandhar (Appellant) (Respondent) Pan No. Aaach6111J Assessee By : Sh. Sudhir Sehgal, Adv. Revenue By : Sh. Bhawani Shankar, Dr Date Of Hearing : 07.01.2019 Date Of Pronouncement : 15.01.2019 Order Per N. K. Saini: This Is An Appeal By The Assessee Against The Order Dated 20.03.2017 Of Ld. Cit(A)-I, Jalandhar. 2. Following Grounds Have Been Raised In This Appeal: “1. That The Worthy Commissioner Of Income Tax (A)-1, Jalandhar Has Erred In Dismissing The Appeal Filed By The Assessee. 2. That The Ld. Cit(A) Has Erred In Confirming The Contention Of The Assessing Officer In Reopening The Case U/S 148 Of The Income Tax Act And, Thus, Framing Of Assessment U/S 147 R.W.S.143(3)/153C At An Income Of Rs. 4,95,13,441/- Against The Returned Income Of Rs. 4,63,33,441/-. 3. That The Ld. Cit(A) Has Erred In Not Considering That There Was No Reason To Believe That The Income Of The

section 147 is not satisfied with regard to reopening the case beyond 4 years. Now, the point wise explanation of the above points are provided as under: 1.4 It is submitted that the case of the assessee has already been assessed u/s 153C/143(3) of the Act and the then Ld. AO has applied his mind while framing his assessment

INCOME TAX OFFICER, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

u/s 147 / 148 , against the assessee, (for which the assessee is not in appeal ), but he has decided the issue in favour of the assessee, on merits of the case allowing the appeal by observing as follows: “Legal contention: I have perused the assessment order and the submission made by the Appellant. The AO has issued notice under section

INCOME TAX OFFICER, WARD-3(1),FEROZEPUR, FEROZEPUR vs. MS.JATIN AGRO, FORT ROAD

In the result, the appeal of the revenue is dismissed

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 103 & 104/Asr/2024 Assessment Years: 2014-15 & 2017-18 Ito, Ward-3(1), Vs. M/S Jatin Agro Fort Road, Ferozepur. 152-P, Ferozepur. [Pan:-Aarpm5393F] (Appellant) (Respondent) Sh. Ashray Sarna, Ca Appellant By Respondent By Sh. Sunil Gautam, Cit. Dr

u/s 147 / 148 , against the assessee, (for which the assessee is not in appeal ), but he has decided the issue in favour of the assessee, on merits of the case allowing the appeal by observing as follows: “Legal contention: I have perused the assessment order and the submission made by the Appellant. The AO has issued notice under section

SH GAUTAM SETH,BATALA vs. THE INCOME TAX OFFICER, BATALA

In the result, the Ground Nos

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment order passed u/s 143(3) r.w.s. 147 and the additions made therein are illegal bad in law and without jurisdiction as no notice u/s 143(2) has not been served within the prescribed time as per the provisions of law” The relevant facts are already on record and no new fact is required to be investigated. The above noted

M/S JAMMU COOPERATIVE WHOLE SALE LIMITED,JAMMU vs. INCOME TAX OFFICER WARD-2 (1), JAMMU

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No. 150/Asr/2020 Assessment Year: 2005-06 M/S Jammu Cooperative Whole Sale The Ito Limited (Super Bazar) Old Hospital Ward-2(1) Road, City Chowk, Jammu- Jammu 180001(J&K)-180001

reassessment" cannot be reduced beyond the income originally assessed. 5.3 In view of that matter, we find no infirmity in the order of the Ld. CIT(A) on the issue of confirming the finding of the AO in not accepting the loss return claim on account of carry forward of losses by the assessee and hence, no interference is called

M/S. PUNJAB IRON & STEEL COMPANY LIMITED,JALANDHAR vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the appeal of the assesse is allowed

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

263 of 2011 GA No. 2856 of 2011 High Court of Calcutta: "After getting the PAN number and getting the information that the creditor is assessed under the Act, the Assessing Officer should enquire from the Assessing Officer of the creditor as to the genuineness of the transaction and whether transaction has been accepted by the Assessing Officer

THE INCOME TAX OFFICER, SRINAGAR vs. SH. SUHAIL AHMED BHAT, PROP. M/S SHIFA TRADERS, RANGPARISTAN, SRINAGAR

In the result, the appeal filed by the Revenue Department stands dismissed

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.136(Asr)/2015 Assessment Year:2007-08

section 147 does not allow reopening of a completed assessment merely on change on opinion. The Assessing Officer does not have the power to review the previous assessment order. The Assessing Officer has to have "reason to believe" that the income has escaped assessment. In the present case the 5 ITO vs. Sh. Suhail Ahmad Bhat, Srinagar Assessing Officer passed

SHRI GURBINDER SINGH MAHAL,AMRITSAR vs. INCOME TAX OFFICER WARD-IV ( 2), AMRITSAR

In the result, the appeal of the assessee bearing ITA No

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment or recomputation under section 147) of the income of the deceased and for the purpose of levying any sum in the hands of the legal representative in accordance with the provisions of sub-section (1),— (a) any proceeding taken against the deceased before his death shall be deemed to have been taken against the legal representative

GURPAL SINGH SIDHU,NEAR GOVT SCHOOL vs. ITO WARD 1(2), BATHINDA, BATHINDA

In the result, the appeal of the assessee is partly allowed for

Bench: Udayan Das Gupta & Shri Brajesh Kumar Singh[Assessment Year: 2017-18]

reassessment notice was unjustified The facts of this case were entirely different than that of present case of the appellant. In the present case, the appellant could not explain source and nature of cash deposits before the Assessing Officer. Therefore, the Assessing Officer correctly proceeded with re-assessment proceedings and completed the assessment accordingly. 5.5. The appellant argued that