M/S JAYGANGA EXIM INDIA (P) LTD.,KOLKATA vs. DCIT, CIRCLE-II, BHOPAL

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2012-13 M/S. Jayganga Exim India Pvt. Dy. Cit, Limited Central-Ii, [Formerly Known As ‘Jay Jyoti Bhopal (India) Pvt. Ltd.’] बनाम/ 26, Col. Biswas Road, Ground Floor, Vs. West Side Flat, Kolkata (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacj 8822 E Assessee By Shri Harsh Vijaywargiya, Ca Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 21.11.2023 Date Of Pronouncement 02.01.2024

natural justice, void ab initio and barred by limitation also. (ix) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of ld. AO in making aggregate additions/disallowances and framing the impugned reassessment order is contrary to law and facts and without providing adequate opportunity

GOUTAM MEDICOSE,DHAR vs. ITO, DHAR

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinha

u/s 147 r.w.s 144B on 13.03.2023 is bad in law and bad on facts. 2. On the facts and circumstances and in the law, the Ld. AO lacked jurisdiction to issue notices for reassessment and pass assessment order for an non-existing partnership firm which may please be held as bad in law and against the natural principal of justice

GOUTAM MEDICOSE,DHAR vs. PARTNER OF ERSTWHILE FIRM, DHAR

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinha

u/s 147 r.w.s 144B on 13.03.2023 is bad in law and bad on facts. 2. On the facts and circumstances and in the law, the Ld. AO lacked jurisdiction to issue notices for reassessment and pass assessment order for an non-existing partnership firm which may please be held as bad in law and against the natural principal of justice

ABHISHEK DHANOTIA,INDORE vs. INCOME TAX OFFICER- 3(1), INDORE

Bench: Shri Kul Bharatassessment Year: 2010-11

reassessment under section 147/148 which is not applicable to search cases. Therefore, the impugned assessment order passed u/s 143(3), r.w.s.147 of the Income Tax Act, 1961 is illegal, arbitrary and without any jurisdiction. Hence the assessment order dated 31.12.2010 passed u/s 143(3) r.w.s. 147 is quashed.” 10. Reliance is also placed on the decision of Hon'ble High

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -5(1), BHOPAL , BHOPAL, MADHYA PRADESH vs. MAPAEX REMEDIES PVT. LTD., BHOPAL MADHYA PRADESH

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 5 1, BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

MAPAEX REMEDIES PVT LTD ,BHOPAL vs. THE DCIT -2- (1), BHOPAL , BHOPAL

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

MS MAPAEX REMEDIES PVT LTD,BHOPAL vs. ACIT 2 (1) BHOPAL, BHOPAL

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE - 5(1), BHOPAL , BHOPAL MADHYA PRADESH vs. MAPAEX REMEDIES PVT LTD, BHOPAL MADHYA PRADESH

Appeals are dismissed

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

reassessment now sought to be done was merely a change in opinion. 15. However, the AO turned down objections of assessee through letter dated 05.11.2019, copy at Page 26A-26C of Paper-Book. Ld. AR submitted in this letter, the AO has basically mentioned that the case had been re- opened on the basis of subsequent scrutiny-assessment

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

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

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

natural justice and renders the reopening void." (vii) ITO vs Reliance Corporation (2017) 55 ITR 69 (SN) (Mumbai) [Trib]. Reassessment solely made on the basis of information received from investigation wing as assessee as beneficiaries of accommodation entries was held to be valid when no cross examination allowed to the assessee.” 02- The AO had made change of opinion

SMT MANORAMA SINGHAL,INDORE vs. ITO-3(2), INDORE

In the result, assessee’s appeal in ITANo

Bench: Shri Chandra Mohan Garg & Shri Manish Boradvirtual Hearing Assessment Years: 2013-14

natural justice. Accordingly, the Appellant prays that the said addition be deleted. 6.On the facts and circumstances of the case and in law the learned CIT(A) erred in confirming the action of Assessing Officer determining total income at Rs.4526530/as against declared income of Rs. 880350/-, which is bad in law and excessive. 7.The Appellant craves leave

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE PR.CIT-1, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

u/s 147 is bad in law for want of jurisdiction in the light of first proviso to Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others section 147 and in the absence of cogent reasons to form belief that the assessee’s income had escaped assessment and also in the light of the fact that the AO deviated from his stand

ASSISTANT COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S FERRO CONCREATE CONSTRUCTION (INDIA) PVT. LTD INDORE, INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

u/s 147 is bad in law for want of jurisdiction in the light of first proviso to Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others section 147 and in the absence of cogent reasons to form belief that the assessee’s income had escaped assessment and also in the light of the fact that the AO deviated from his stand

SARTHAK REAL BUILT PVT. LTD, ,INDORE vs. DY, CIT,CPC-TDS, GHAZIABAD

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

u/s 147 is bad in law for want of jurisdiction in the light of first proviso to Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others section 147 and in the absence of cogent reasons to form belief that the assessee’s income had escaped assessment and also in the light of the fact that the AO deviated from his stand

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE DCIT CIRCLE-1(1), INDORE

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

u/s 147 is bad in law for want of jurisdiction in the light of first proviso to Ferro Concrete Construction P. Ltd. . ITA No.439/Ind/2017 & others section 147 and in the absence of cogent reasons to form belief that the assessee’s income had escaped assessment and also in the light of the fact that the AO deviated from his stand

PARAMETRIC TRADING PRIVATE LIMITED,MUMBAI vs. ACIT, CIRCLE-4(1), INDORE, INDORE

In the result, the appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S.Parametric Trading A.C.I.T., Pvt.Ltd., Circle 4(1), 205, Sujata Chambers, 2Nd Indore. Floor, Abhichand Gandhi Vs. Marg,Off Katha Bazar Masjid (W), Mumbai (Appellant / Assessee) (Respondent/ Revenue) Pan: Aagca4207J Assessee By Shri Vijay Mehta & Shri Shailesh Parmar, Ca Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.05.2023 Date Of Pronouncement 12.06.2023

reassessment order passed u/s 147 read with section 143(3) of the Act. The issue raised in this ground is purely legal in nature and goes to the root of the matter, therefore, we first take up ground no.2 for hearing and disposal. 4. The ld. Authorized Representative has submitted that the original assessment order was passed u/s

ITO 5 (2), INDORE vs. SHRIKAPIL RATHI , INDORE

In the result, the appeal of the Revenue is dismissed

Bench: Shri C.M. Garg, Judicial Memebr & Shri Bhagirath Mal Biyaniआयकरअपीलसं./I.T.A. No. 43/Ind/2021 (िनधा"रणवष" / Assessment Year : 2011-12)

147 of the Act and issuance of notice u/s 148 of the Act. Appeal of the Revenue 6. Apropos the above noted grounds of the Revenue, the ld. Sr. DR submitted that the ld.CIT(A) has granted relief to the assessee without considering the fact that the addition was made on the basis of various incriminating documents which were seized