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8 results for “reassessment”+ Section 195(1)clear

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Key Topics

Section 143(3)8Section 1477Addition to Income7Section 153C6Section 2634Section 143(2)3Deduction3Section 1482Section 153A2Limitation/Time-bar

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

ITA 305/IND/2023[2015-16]Status: DisposedITAT Indore24 Jun 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 153A

reassess the same. However, if the assessment for any of the assessment years falling within 6 years has attained finally and not pending on the date of search then the same cannot be subjected to tax in the proceedings u/s 153A of the Act in the absence of any incriminating material gathered in the course of search and seizure operation

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

ITA 784/IND/2018[2010-11]Status: DisposedITAT Indore09 Mar 2021
2
Search & Seizure2
Disallowance2
AY 2010-11

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 143(2)Section 143(3)

reassessment proceedings. We are unable to accept that is the true position in law. In our opinion the decision of the Andra Pradesh High Court in State of Andhra Pradesh v. Bavuri V. Narasimhan, (1) relied on by the assessee was not correctly decided. For the reasons mentioned above, we allow these appeals, vacate the answers given by the High

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

ITA 786/IND/2018[2013-14]Status: DisposedITAT Indore09 Mar 2021AY 2013-14

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Borad

Section 143(2)Section 143(3)

reassessment proceedings. We are unable to accept that is the true position in law. In our opinion the decision of the Andra Pradesh High Court in State of Andhra Pradesh v. Bavuri V. Narasimhan, (1) relied on by the assessee was not correctly decided. For the reasons mentioned above, we allow these appeals, vacate the answers given by the High

SHRI MANUEL MEDA,BHOPAL vs. THE ACIT-2(1), BHOPAL

In the result, Cross Objection by the assessee in CO

ITA 196/IND/2016[2007-08]Status: DisposedITAT Indore18 Jul 2019AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Boradit(Ss)A No.89/Ind/2016 Assessment Year: 2006-07 Acit 1(1) M/S. L.N. Gupta Mathur Vaishya बनाम/ Charitable Trust Bhopal Vs. E-1/55, Arera Colony, Bhopal (Revenue) (Respondent) Pan: Aaatl4820E

Section 11(2)Section 12Section 12ASection 132Section 153CSection 234B

reassess the income of the ‘person other than the searched person’ in accordance with the provision of u/s 153A of the Act needs to be ‘satisfied’ that the books of account or documents or assets seized or requisitioned have a bearing on the determination of the total income of such other person. 15. So the satisfaction note

PRAMOD PALIWAL,KHANWA vs. ACIT KHANWA, KHANWA

In the result Ground No. 1 (a) &

ITA 271/IND/2018[09-10]Status: DisposedITAT Indore15 Oct 2019

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year 2009-10 Shri Pramod Paliwal, Acit, Prop. M/S. Pragati Vs. Khandwa Construction, Ramkishanganj, Khandwa (M.P) (Appellant) (Respondent ) Pan Adapp8012A Revenue By Shri K.G. Goyal Sr.Dr Assessee By S/Shri Anil Kamal Garg & Arpit Gaur, Cas Date Of Hearing 10.10.2019 Date Of Pronouncement 17.10.2019 O R D E R

Section 143(2)Section 143(3)Section 147Section 148

1 & 2 of the impugned assessment order. In these reasons, the learned AO has made the assessment record for the A. Y. 2009-10 as the basis for invoking the provisions of s.14 7 of the Act. 2.01 Your Honours, it is a settled law that in a case where for any assessment year, original assessment was completed under s.143

ROHIT KUMAR YADAV,INDORE vs. INCOME TAX OFFICER 5(5), INDORE

In the result, appeal of the assessee is allowed

ITA 442/IND/2023[2013-14]Status: DisposedITAT Indore15 Apr 2024AY 2013-14

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanirohit Kumar Yadav Ito 5(5) Hig-Dx-2Manishmati Arvind Indore Vihar, Mahishmati Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaupy5015 F Assessee By Shri Pankaj Shah & Soumya Bumb Ars Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 09.04.2024 Date Of Pronouncement 15.04.2024

Section 50C

section 143 for those years. In the instant case we are concerned with the reassessment, in which there are more restraints on the power of the Assessing Officer. We, therefore, hold that the initiation of reassessment proceedings on this count cannot be upheld.” 6.1 Thus, the protective assessment cannot be independent of substantive assessment as protective assessment is always successive

M/S SAHARAYAN UNIVERSAL MULTIPURPOSE SOCITY LTD,BHOPAL vs. PR CIT-1, BHOPAL

Appeal is allowed for statistical purposes

ITA 179/IND/2020[2015-16]Status: DisposedITAT Indore22 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2015-16 M/S. Saharayan Universal Pcit-1, Multipurpose Society Bhopal Limited, बनाम/ 195, Zone-1, In Front Of D.B. Mall, Vs. Bhopal (Assessee / Appellant) (Revenue / Respondent) Pan: Aakas 6209 A Assessee By Shri P.K. Bansal, Ld. Ar Revenue By None Date Of Hearing 26.09.2023 Date Of Pronouncement 22.11.2023 आदेश / O R D E R

Section 143(3)Section 263

195, Zone-1, In front of D.B. Mall, Vs. Bhopal (Assessee / Appellant) (Revenue / Respondent) PAN: AAKAS 6209 A Assessee by Shri P.K. Bansal, Ld. AR Revenue by None Date of Hearing 26.09.2023 Date of Pronouncement 22.11.2023 आदेश / O R D E R Per B.M. Biyani, A.M.: Feeling aggrieved by revision-order dated 19.03.2020 passed by learned Pr. Commissioner of Income

DCIT KHANDWA, KHANDWA vs. M/S RAJRAJESHWAR COTTON CORPORATION, SENDHWA

In the result, Revenue’s appeal as well as Assessee’s Cross-

ITA 573/IND/2019[2011`-12]Status: DisposedITAT Indore21 Oct 2022

Bench: Shri Siddhartha Nautiyal & Shri B.M. Biyani(Conducted Through Virtual Court) & C.O. No. 9/Ind/2020 Assessment Year: 2011-12 Dcit M/S Raj Rajeshwar Cotton Khandwa Corporation, बनाम/ Warla Road, Sendhwa, Vs. District - Khandwa (Appellant / Revenue) (Respondent / Assessee) Pan: Aagfr 6243 N Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2022 Date Of Pronouncement 21.10.2022

Section 143(3)Section 147Section 148Section 80I

section 147 would give arbitrary power to AO to reopen past assessments on a mere change of opinion i.e. a mere change of opinion cannot form basis for reopening a completed assessment. 4.10 In the instant case, the AO had passed the original assessment taking into account all the documents and facts of the case and again, he had reopened