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

The appeals of the Revenue are dismissed

Bench: Shri Mahavir Prasad & Shri Manish Borad

5 in his order and his observations in the case of Shri Rajul Bhargava are abstracted here under:- Ground No 4- Through this ground of appeal the appellant has challenged that the original assessment for this year was completed u/s 153A and therefore, reassessment proceedings u/s 148 could not have been legally initiated in this case. The appellant also filed

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

4 years from the end of the respective assessment years then the reopening of the reassessment is hit by the proviso to Section 147 as there is nothing brought on record by the A.O to show that the income assessable to tax has escaped assessment due to the reason of failure on the part of the assessee to disclose fully

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

4 years from the end of the respective assessment years then the reopening of the reassessment is hit by the proviso to Section 147 as there is nothing brought on record by the A.O to show that the income assessable to tax has escaped assessment due to the reason of failure on the part of the assessee to disclose fully

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

4 years from the end of the respective assessment years then the reopening of the reassessment is hit by the proviso to Section 147 as there is nothing brought on record by the A.O to show that the income assessable to tax has escaped assessment due to the reason of failure on the part of the assessee to disclose fully

ASSISTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

4 years from the end of the respective assessment years then the reopening of the reassessment is hit by the proviso to Section 147 as there is nothing brought on record by the A.O to show that the income assessable to tax has escaped assessment due to the reason of failure on the part of the assessee to disclose fully

ASSISSTANT COMMISSIONER OF INCOME TAX - 4(1), INDORE, INDORE vs. PRATAAP SNACKS LIMITED, INDORE

In the result revenue’s appeal is dismissed and assessee’s cross-objection is allowed

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

4 years from the end of the respective assessment years then the reopening of the reassessment is hit by the proviso to Section 147 as there is nothing brought on record by the A.O to show that the income assessable to tax has escaped assessment due to the reason of failure on the part of the assessee to disclose fully

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

DILIP BUILDCON LIMITED,BHOPAL vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

DILIP BUILDCON LTD.,BHOPAL vs. DCIT (CENTRAL)-1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

SHRI DILIP BUILDCON LTD,BHOPAL vs. DCIT CENTRAL -1, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

DCIT (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LTD., BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL)-1, BHOPAL vs. DILIP BUILDCON LIMITED, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

THED CIT ,CENTRAL-1, BHOPAL vs. M/S DILIP BUILDCON LTD, BHOPAL

In the result, revenue’s appeal for A

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad&

147/- on technical staff. 17. Further, there are responsibilities of the assessee with respect to damages for delay, employment of trained personnel, performance security, providing emergency medical aid, providing insurances, performing defect liability. Also, the assessee has to assume all kind of risk to property, human life, personal injury/death etc during the execution of contract. Besides this, assessee

SANJEEV AGRAWAL ,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL-2, BHOPAL

Appeal is allowed

reassessment proceedings.”\nThus, in the light of judicial rulings cited above, it is clear that the\nAO's action of resorting to re-assessment u/s 147 by-passing the\ncompulsory scrutiny mandated by CBDT Instruction, is invalid and hence\nthe assessment framed by AO u/s 147 cannot be sustained. Therefore, we\nquash the order passed by AO. The assessee succeeds

SMT. MEHA JAIN,JALGAON vs. DCIT (CENTRAL), BHOPAL

In the result, appeal of assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanismt. Meha Jain Dcit(Central) 40, Jay Nagar, Jilha Peth Bhopal Vs. Jalgaon Maharashtra (Appellant / Assessee) (Respondent/ Revenue) Pan: Aeipj 3170 N Assessee By Shri P.D. Nagar, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 18.05.2023 Date Of Pronouncement 24.05.2023

5. Ground No.1 is regarding validity of the assessment order passed u/s 147 r.w.s. 143(3) as the assessment proceeding pending on the date of search and seizure action on 16.05.2013 stood abated in view of 2nd Proviso to section 153A(1) of the Act and consequently the assessment order passed u/s 143(3) r.w.s. 147 on 19.02.2014 is invalid

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

reassessment framed by the AO u/s 147 r.w. section 143(3) without a valid notice u/s 143(2) is not valid and liable to be quashed as held by the Hon’ble Supreme Court in case of ACIT vs. Hotel Blue Moon 321 ITR 362. 7. The next objection of the assessee is against the validity of the order passed

NARENDRA KUMAR AGRAWAL,BURHANPUR vs. PCIT INDORE-1, INDORE

In the result, appeal of the assessee is allowed

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaninarendra Kumar Agrawal Pcit (1) 203, Ck Campus Aaykar Bhawan Bahadarpur Road Vs. Indore Burhanpur (Appellant / Assessee) (Respondent/ Revenue) Pan: Adapa0131B Assessee By Shri S.N. Agrawal & Pankaj Mogra, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 20.08.2024 Date Of Pronouncement 29.08.2024

section 144B on 28.03.2022 as under: “The assessee, NARENDRA KUMAR AGRAWAL, had filed his return of income for the AY 2016- 17 declaring total income of Rs. 5,35,510/-. The case was selected for limited scrutiny and assessment was completed u/s 143(3) on 09.12.2018 accepting the returned income. 02. The case was re-opened for assessment u/s 147