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30 results for “reassessment u/s 147”+ Section 153C(2)clear

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Key Topics

Section 153C35Section 143(3)30Section 14728Section 14825Addition to Income25Section 153A22Section 6816Section 26316Section 132

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

ITA 655/IND/2018[2010-11]Status: DisposedITAT Indore09 Sept 2020AY 2010-11

Bench: Shri Kul Bharatassessment Year: 2010-11

Section 1Section 131Section 143(3)Section 148Section 234ASection 69

2. Provisions of section 153C read - “Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied……..” Section 153C starts with a non obstante clause that is ‘Notwithstanding’. This non obstante clause has an overriding effect on the provisions of the other sections mentioned after this word. Thus

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

Showing 1–20 of 30 · Page 1 of 2

13
Reassessment13
Reopening of Assessment10
Unexplained Investment9

The appeals of the Revenue are dismissed

ITA 26/IND/2021[2013-14]Status: DisposedITAT Indore15 Mar 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 132Section 143(3)Section 148Section 153A

2 & 3 are raised by the Revenue challenging the observations of the Ld. CIT(A) to the effect that the reassessment u/s 148 of the Act could not have been made since the assessment was completed u/s 153A of the Act and also the observation that the present reopening is only change of opinion since the impugned amount was already

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

ITA 27/IND/2021[2013-14]Status: DisposedITAT Indore15 Mar 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 132Section 143(3)Section 148Section 153A

2 & 3 are raised by the Revenue challenging the observations of the Ld. CIT(A) to the effect that the reassessment u/s 148 of the Act could not have been made since the assessment was completed u/s 153A of the Act and also the observation that the present reopening is only change of opinion since the impugned amount was already

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

ITA 94/IND/2018[2009-10]Status: DisposedITAT Indore04 Oct 2021AY 2009-10

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

153C of the Act for both the A.Y. 2008-09 & A.Y. 2009-10. Subsequently, the Ld. ACIT-5(1) issued a notice u/s. 148 of the Act to the appellant for for A.Y. 2008-09 on 19.03.2015 and the ld. ACIT-3(1) issued a notice u/s. 148 of the act to the appellant 9 M/s. Shivalika Realities

M/S SHIVALIKA REALITIES P LTD,INDORE vs. ITO 5(1) , INDORE

In the result of appeals of the assessee for AY 2008-09 and AY 2009-10 vide ITA no

ITA 95/IND/2018[2008-09]Status: DisposedITAT Indore04 Oct 2021AY 2008-09

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year: 2008-09 & Assessment Year: 2009-10

153C of the Act for both the A.Y. 2008-09 & A.Y. 2009-10. Subsequently, the Ld. ACIT-5(1) issued a notice u/s. 148 of the Act to the appellant for for A.Y. 2008-09 on 19.03.2015 and the ld. ACIT-3(1) issued a notice u/s. 148 of the act to the appellant 9 M/s. Shivalika Realities

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

147, section 148, section 149, undisclosed income belongs to any section 151 and section 153, where the Assessing Officer is satisfied that,- (a)any money, bullion, jewellery or other valuable article or thing seized or requisitioned belongs to or (b) any books of account or document seized or requisitioned pertains or pertain to, or any information contained therein, related

SMT SADHNA VOHRA,BHOPAL vs. ITO 1(3), BHOPAL

In the result, the appeal filed by the assessee is

ITA 735/IND/2018[2010-11]Status: DisposedITAT Indore18 Jul 2019AY 2010-11

Bench: Shri Kul Bharatassessment Year: 2010-11

Section 131Section 132Section 153CSection 69

2 [ITA 735/Ind/2018] [Smt. Sadhna Vohra, Bhopal] acres of land in M/s. Fortune Soumya Housing, Bhopal on 9.8.2011 for Rs.61 lakhs. Notice u/s 153C of the Act was issued and the assessment u/s 153C r.w.s. 143(3) of the Act was framed. During the course of assessment proceedings, the A.O. observed that the assessee had purchased some land

SWAPNIL RATHI,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX 2 (1), INDORE

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

ITA 413/IND/2018[2009-10]Status: DisposedITAT Indore19 Jul 2023AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanishri Swapnil Rathi, Dcit-2(1) 17Bf, Scheme No.74C, Indore Vs. Vilay Nagar, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Afwpr 6790 K Assessee By Shri Pankaj Shah & Soumya Bumb, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 24.05.2023 Date Of Pronouncement 19.07.2023

Section 132Section 132ASection 147Section 153CSection 68

reassessment framed by the AO u/s 147 r.w.s. 143(3) is not valid and liable to be quashed. 3. On the other hand, ld. DR has submitted that the AO has rightly initiated the proceedings u/s 147 & 148 of the Act as in the opinion of the AO the conditions as provided u/s 153C are not satisfied in the case

NILIMA KOTHARI,INDORE vs. THE INCOME TAX OFFICER, NATIONAL FACELESS ASSTT. CENTRE, INDORE

In the result appeal of the assessee is allowed as per terms indicated above

ITA 259/IND/2024[2016-17]Status: DisposedITAT Indore20 Sept 2024AY 2016-17

Bench: Shri Manish Boradsmt. Neelima Kothari, Income Tax Officer, 601, N.R.K. Villas, Delhi Vs. 22/2 Manoramaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Adnpk7832J Assessee By Shri S.S. Deshpande, Ar Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 08.08.2024 Date Of Pronouncement 20.09.2024

Section 10(38)Section 147Section 148Section 151Section 68

153C read with section-153A, is required to be issued in relation to a search initiated under section-132 or books of account, other documents or any assets requisitioned under section-132A, on or before the 31st day of March, 2021: Provided also that for the purposes of computing the period of limitation as per this section, the time

THE ACIT, 3(1), INDORE vs. M/S. KALANI INDUSTRIES PVT. LTD., INDORE

In the result appeals of the revenue & assessee are

ITA 452/IND/2018[2009-10]Status: DisposedITAT Indore13 Mar 2020AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Borad

u/s 147 and thus the impugned assessment order was liable to be quashed as being without jurisdiction. 3· That the Ld ClT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under search & seizure operations in third persons premises can only be under section 153C and not under

THE DCIT 1(1), INDORE vs. M/S FLEXITUFF INTERNATIONAL LTD., INDORE

In the result appeals of the revenue & assessee are

ITA 448/IND/2018[2009-10]Status: DisposedITAT Indore13 Mar 2020AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Borad

u/s 147 and thus the impugned assessment order was liable to be quashed as being without jurisdiction. 3· That the Ld ClT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under search & seizure operations in third persons premises can only be under section 153C and not under

DCIT, 3(1), INDORE vs. M/S. KALANI INDUSTRIES PVT. LTD., INDORE

In the result appeals of the revenue & assessee are

ITA 451/IND/2018[2008-09]Status: DisposedITAT Indore13 Mar 2020AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Borad

u/s 147 and thus the impugned assessment order was liable to be quashed as being without jurisdiction. 3· That the Ld ClT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under search & seizure operations in third persons premises can only be under section 153C and not under

DCIT, 3(1), INDORE vs. M/S. KALANI INDUSTRIES PVT. LTD., INDORE

In the result appeals of the revenue & assessee are

ITA 453/IND/2018[2010-11]Status: DisposedITAT Indore13 Mar 2020AY 2010-11

Bench: Shri Kul Bharat & Shri Manish Borad

u/s 147 and thus the impugned assessment order was liable to be quashed as being without jurisdiction. 3· That the Ld ClT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under search & seizure operations in third persons premises can only be under section 153C and not under

THE DCIT1(1), INDORE vs. M/S. AVILABLE FINANCE LTD., INDORE

ITA 895/IND/2019[2014-15]Status: DisposedITAT Indore14 Oct 2020AY 2014-15

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

Section 143(3)Section 147Section 153C

u/s 143(3) r.w.s. 147 of the Income Tax Act 1961(In short the ‘Act’) dated 29.12.2017, 21.09.2016 and 14.12.2016 framed by ACIT-1(1)/DCIT-1(1), Indore. M/s Agrawal Transport Corporation Pvt. Ltd, Assessment Year 2010-11 2. The Revenue has raised following grounds of appeal; 1.That on the facts and in the circumstances of the case

DY. CIT -1(1), INDORE vs. M/S. AGRAWAL TRANSPORT CORPORATION (P) LTD., INDORE

ITA 651/IND/2019[2010-11]Status: DisposedITAT Indore14 Oct 2020AY 2010-11

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

Section 143(3)Section 147Section 153C

u/s 143(3) r.w.s. 147 of the Income Tax Act 1961(In short the ‘Act’) dated 29.12.2017, 21.09.2016 and 14.12.2016 framed by ACIT-1(1)/DCIT-1(1), Indore. M/s Agrawal Transport Corporation Pvt. Ltd, Assessment Year 2010-11 2. The Revenue has raised following grounds of appeal; 1.That on the facts and in the circumstances of the case

M/S AD-MANUM FINANCE LTD.,INDORE vs. THEDCIT 1(1) , INDORE, INDORE

ITA 331/IND/2018[2009-10]Status: DisposedITAT Indore14 Oct 2020AY 2009-10

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

Section 143(3)Section 147Section 153C

u/s 143(3) r.w.s. 147 of the Income Tax Act 1961(In short the ‘Act’) dated 29.12.2017, 21.09.2016 and 14.12.2016 framed by ACIT-1(1)/DCIT-1(1), Indore. M/s Agrawal Transport Corporation Pvt. Ltd, Assessment Year 2010-11 2. The Revenue has raised following grounds of appeal; 1.That on the facts and in the circumstances of the case

M/S. AVALANCHE REALITY PVT. LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeal filed by the assessee is

ITA 535/IND/2013[2008-09]Status: DisposedITAT Indore03 Dec 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

Section 132Section 143(3)Section 153CSection 40A(3)

2 of the assessee’s appeal are against initiation of provisions u/s 153C of the Act in the absence of the satisfaction recorded by the A.O. of the searched person. Ld. Counsel for the assessee submitted that the Tribunal has directed the revenue to furnish copy of the satisfaction recorded by the A.O. of the searched person. It is stated

THE DCIT CENTRAL-(1), INDORE vs. M/S AYUSH AJAY CONSTRUCTION PVT. LTD. , INDORE

ITA 740/IND/2019[2014-15]Status: DisposedITAT Indore22 Dec 2022AY 2014-15

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyanii.T(Ss).A. Nos.14 To 16/Ind/2018 (Assessment Years: 2007-08 To 2009-10)

For Appellant: Shri Prakash Jain, & Smt. Shreya JasinFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 139(1)Section 143(3)Section 153ASection 153CSection 271(1)(c)

153C r.w.s. 153A/143(3) of the Income Tax Act, 1961(hereinafter referred to as “the Act”) for A.Ys. 2007-08 to 2009-10 respectively. In IT(SS)A No. 141/Ind/2019 the appeal preferred by the Revenue are directed against the order dated 26.04.2019 passed by the CIT(A)-3, Bhopal (M.P.) arising out of the assessment order passed

DEPUTY COMMISSIONER OF INCOME TAX 1 (1), BHOPAL vs. SHRI NEERAJ MANDLOI, NEW DELHI

ITA 680/IND/2018[2009-10]Status: DisposedITAT Indore28 Jul 2021AY 2009-10

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2009-10

Section 132Section 143(3)Section 147Section 148Section 153Section 153C

reassessment could have be done only u/s 153C and not u/s 147 and thus the impugned assessment order was liable to be quashed as being without Shri Neeraj Mandloi ITA No.680/Ind/2020 & C.O.No.04/Ind/2020 jurisdiction. 3.That the Ld CIT(A) failed to appreciate that section 153 C overrides section 147/148 and thus proceedings which are initiated pursuant to document seized under

LATE SMT SUSHILA BISARYA, BHOPAL vs. THE PR CIT-1, BHOPAL

In the result, we are Shri Jignesh Lilachand Shah vs

ITA 89/IND/2021[2010-11]Status: DisposedITAT Indore16 Aug 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanilate Smt. Sushila Bisarya Pr. Cit-1 L.H. Pramod Bisarya Bhopal Vs. 125 Malviya Nagar, Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aewpb 2587 D Assessee By Shri Gagan Tiwari, Ar Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.08.2023 Date Of Pronouncement 16.08.2023

Section 147Section 148Section 263

147 r.w.s. 143(3) on 31st July 2017 has not made Page 4 of 18 Smt. Sushila Bisarya Page 5 of 18 any addition to the return of income of the assessee and therefore, there was no occasion for the assessee to challenge the assessment order before the appellate authority. Since the assessment order was not prejudicial to the interest