SATISH KATOCH,PALAMPUR vs. ITO, PALAMPUR

The appeal of the assessee is dismissed

Bench: The A.O. U/S 154 Of The Act Against

ii) thereafter, interest shall be calculated at the rate aforesaid on the amount by which the tax so paid together with the advance tax paid falls short of the assessed tax.. [Explanation 3.—In Explanation 1 and in, sub-section (3) "tax. on the total income determined under sub-section (1) of section 143" shall not include the additional

ACIT, CIRCLE 1(1), CHANDIGARH vs. M/S SML ISUZU LTD., CHANDIGARH

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

ii): Fresh Tangible material not required for initiating proceedings under section 148 of the Act The DR, in his submission, has submitted that there is no requirement for any 6. fresh tangible material to initiate proceedings under section 148 of the Act. In this regard, it is, at the outset, submitted that there is no dispute that no 7. fresh

S.P. SINGLA CONSTRUCTION PRIVATE LIMITED,DELHI vs. DEPUTY COMMISSIONER OF INCOME TAX, CHANDIGARH

In the result, the appeal is allowed

Bench: SHRI MAHAVIR SINGH (Vice President), SHRI KRINWANT SAHAY (Accountant Member)

153-C.” 4. The brief facts are that a search & seizure operation was conducted on Bakshi Group of cases including the assessee on 10.12.2012 under Section 132 of the Act and consequent to the same, assessment under Section 153A r.w. section 143(3) of the Act was framed vide order dated 31.03.2015 originally. Subsequently, second search under Section

M/S JAIN AMAR CLOTHING PVT. LTD.,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. VIBHAV JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. SANJAY GARG (Judicial Member), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. AKHIL JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. ASHISH JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

SH. BIPAN JAIN,LUDHIANA vs. DCIT, CC-III, LUDHIANA

In the result, the ground no

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

147, Section 148, Section 149, Section 151 and Section 153, in the case of a person where a search is initiated under section 132 or books of account, other documents or any assets are requisitioned under section 132-A after the 31st day of May, 2003, the Assessing Officer shall— (a) issue notice to such person requiring him to furnish

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. ROSHA ALLOYS PVT. LTD., MANDI GOBINDGARH

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\n13\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

ROSHA ALLOYS P LIMITED, AMLOH ROAD, VILLAGE TURAN, MANDI GOBINDGARH,PUNJAB vs. DCIT CENTRAL CIRCLE 1, LUDHIANA, PUNJAB

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. ROSHA ALLOYS PVT. LTD., MANDI GOBINDGARH

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\n\n13\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, LUDHIANA , LUDHIANA vs. ROSHA ALLOYS PVT. LTD., MANDI GOBINDGARH

In the result, the appeals filed by the Revenue are dismissed,\nwhereas the appeals of the assessee are allowed

u/s 148 and further, PCIT has\ngiven the approval, on the basis, that, since the search have been\nconducted on the assessee on 08.09.2021, the reopening for the past\nthree years is automatic. The Ld. Counsel of the assessee referred to the\n13\nprovisions of the Finance Act, 2021 and Explanation 2 to Section 148 as\nintroduced by Finance

SMT. SHALU SOOD,INDORE vs. DCIT, CC-II, LUDHIANA

In the result, all the appeals of the assessees are

Bench: Shri Sanjay Garg & Dr.B.R.R.Kumar

ii) of sub section (2) of section 143 is expired, it is not open to the AO to assess the income u/s. 143(3) of the Act and the return filed by the assessee u/s. 139 is deemed to be accepted, which however, can be re-opened u/s. 147 of the Act subject to the fulfillment of ingredients of section

SH. SANJEEV BHARADWAJ,LUDHIANA vs. ACIT, LUDHIANA

In the result, all the three appeals of the assessees are

Bench: Shri Sanjay Garg & Ms.Annapurna Gupta

ii) of sub section (2) of section 143 is expired, it is not open to the AO to assess the income u/s. 143(3) of the Act and the return filed by the assessee u/s. 139 is deemed to be accepted, which however, can be re-opened u/s. 147 of the Act subject to the fulfillment of ingredients of section

SH. SANJEEV BHARADWAJ,LUDHIANA vs. ACIT, LUDHIANA

In the result, all the three appeals of the assessees are

Bench: Shri Sanjay Garg & Ms.Annapurna Gupta

ii) of sub section (2) of section 143 is expired, it is not open to the AO to assess the income u/s. 143(3) of the Act and the return filed by the assessee u/s. 139 is deemed to be accepted, which however, can be re-opened u/s. 147 of the Act subject to the fulfillment of ingredients of section

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, LUDHIANA , LUDHIANA vs. AB ALCOBEV PRIVATE LIMITED, DELHI

In the result, appeals of Revenue are dismissed, Cross\nObjections of the assessee for

3) or not.\n19. The ld. counsel for the assessee, at the very outset\nsubmitted that Section 153C starts with a non obstante clause\n(not-withstanding anything) therefore, it has an over-riding\neffect on other Sections, namely, Section 139, 147, 148 and\n149 etc. If, during the course of a search, any money, bullion,\njewellery or other valuable

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2 LUDHIANA, LUDHIANA vs. AB ALCOBEV PRIVATE LIMITED , DELHI

In the result, appeals of Revenue are dismissed, Cross\nObjections of the assessee for

3) or not.\n19. The ld. counsel for the assessee, at the very outset\nsubmitted that Section 153C starts with a non obstante clause\n(not-withstanding anything) therefore, it has an over-riding\neffect on other Sections, namely, Section 139, 147, 148 and\n149 etc. If, during the course of a search, any money, bullion,\njewellery or other valuable

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-2, LUDHIANA vs. AB ALCOBEV PRIVATE LIMITED, DELHI

In the result, appeals of Revenue are dismissed, Cross\nObjections of the assessee for

3) or not.\n19. The ld. counsel for the assessee, at the very outset\nsubmitted that Section 153C starts with a non obstante clause\n(not-withstanding anything) therefore, it has an over-riding\neffect on other Sections, namely, Section 139, 147, 148 and\n149 etc. If, during the course of a search, any money, bullion,\njewellery or other valuable