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17 results for “reassessment u/s 147”+ Addition to Incomeclear

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Key Topics

Section 143(3)27Section 14718Section 271(1)(c)15Addition to Income13Reassessment12Section 26311Section 14811Reopening of Assessment8Section 44A

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1), JABALPUR vs. MADHYA PRADESH POWER GENERATING CO. LTD., JABALPUR

In the result, the Revenue's appeal is dismissed as not maintainable

ITA 251/JAB/2018[2008-09]Status: DisposedITAT Jabalpur23 Feb 2022AY 2008-09

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Rahul Bardia, CAFor Respondent: Shri S.K. Halder, DR
Section 115Section 143(3)Section 147Section 154Section 271(1)(c)

147 r/w s. 143(3) dated 21.3.2016. The same was further modified u/s.154 (on 11.01.2017) to bring on record the income under Minimum Alternate Tax (MAT) regime at Rs. 817.29 lacs, which income had remained unchanged. The said reassessment and modification were not challenged in appeal', attaining finality. 2.2 In the penalty proceedings, initiated on 21.3.2016, the assessee's explanation

7
Penalty7
Section 142(1)6
Section 2506

M/S.ANUSHRI ENGINEERING,JABALPUR vs. INCOME TAX OFFICER WARD 2(1), JABALPUR

In the result, subject to the caveat stated at para 3

ITA 6/JAB/2018[2006-07]Status: DisposedITAT Jabalpur27 Sept 2021AY 2006-07

Bench: Sh. Sanjay Arora, Hon'Ble

Section 143(3)Section 147Section 271(1)(c)

reassessment was initiated, and income assessed vide order u/s. 143(3) read with s. 147 dated 17/12/2009, enhancing the income for the year to Rs. 6.85 lacs. Penalty proceedings u/s. 271(1)(c) were also initiated in respect of income additionally

M/S ANUSHREE ENGINEERING,JABALPUR vs. INCOME TAX OFFICER, JABALPUR

In the result, subject to the caveat stated at para 3

ITA 153/JAB/2013[2006-07]Status: DisposedITAT Jabalpur27 Sept 2021AY 2006-07

Bench: Sh. Sanjay Arora, Hon'Ble

Section 143(3)Section 147Section 271(1)(c)

reassessment was initiated, and income assessed vide order u/s. 143(3) read with s. 147 dated 17/12/2009, enhancing the income for the year to Rs. 6.85 lacs. Penalty proceedings u/s. 271(1)(c) were also initiated in respect of income additionally

SMT. LALITA BAI KHANDELWAL vs. INCOME TAX OFFICER WARD 1,

In the result, appeal of the assessee is allowed

ITA 207/JAB/2016[2007-08]Status: DisposedITAT Jabalpur03 Apr 2019AY 2007-08

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2007-08 Smt. Lalita Bai Khandelwal V. Income Tax Officer Mangalwara Chouraha Ward 1 Babai, Hoshangabad

For Appellant: Shri L. L. Sharma, AdvocateFor Respondent: Shri P. D. Chougale, D.R
Section 143(3)Section 147

147, if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may, subject to the provisions of sections 148 to 153 of the Act, assess or reassess such income and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently

SHRI DIGPAL JAISWAL,KATNI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, JABALPUR

In the result appeal of the assessee is allowed

ITA 83/JAB/2019[2011-12]Status: DisposedITAT Jabalpur30 Nov 2023AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K P Dewani, AdvFor Respondent: Sh. Shravan Kumar Gotru, CIT-DR
Section 1Section 142(1)Section 143Section 143(3)Section 148Section 263Section 271(1)(b)Section 40

reassessment framed pursuance to notice u/s 148 at para 2 & 3 that sum of Rs.3,23,670/- was not claimed as interest expenses in profit and loss A/c and therefore there was no case for making any disallowance. A.O. further proceeded to assess the same income as determined in regular assessment framed u/s

SHRI DIGPAL JAISWAL,KATNI vs. INCOME TAX OFFICER, WARD -1 , KATNI

In the result appeal of the assessee is allowed

ITA 42/JAB/2021[2011-12]Status: DisposedITAT Jabalpur30 Nov 2023AY 2011-12

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K P Dewani, AdvFor Respondent: Sh. Shravan Kumar Gotru, CIT-DR
Section 1Section 142(1)Section 143Section 143(3)Section 148Section 263Section 271(1)(b)Section 40

reassessment framed pursuance to notice u/s 148 at para 2 & 3 that sum of Rs.3,23,670/- was not claimed as interest expenses in profit and loss A/c and therefore there was no case for making any disallowance. A.O. further proceeded to assess the same income as determined in regular assessment framed u/s

M/S BINDRA WAREHOUSING CORPORATION vs. INCOME TAX OFFICER WARD 1(1),

In the result, the assessee’s appeal is allowed

ITA 153/JAB/2016[2008-09]Status: DisposedITAT Jabalpur30 Sept 2021AY 2008-09

Bench: Sh. Sanjay Arora, Hon'Bleassessment Year : 2008-09 Bindra Warehousing Income Tax Officer, Vs. Ward-1(1), Corporation, Itarsi

Section 143(3)Section 147Section 148Section 44ASection 80Section 80I

additions has been made, for the reasons for recorded by the assessing officer dated 04/05/2010. Hence the consequential assessment is ab-initio void, and deserves to be set aside. 4. That, the assessment of the appellant was reopened on non-existing and irrelevant reasons hence the reopening u/s. 147/148 of the IT Act, 1961 and assessment order dated

ASSISTANT COMMISSIONER OF INCOME TAX C 2(1) , JABALPUR vs. SHRI RAKESH JAISHWAL , JABALPUR

In the result, the appeal is partly allowed

ITA 35/JAB/2018[2008-09]Status: DisposedITAT Jabalpur18 Sept 2023AY 2008-09

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadaleacit, Circle 2(1), Vs. Shrirakeshjaiswal, Annexe Building, Bunglow No. 6, Aayakar Bhawan, Civil Lines, Napier Town, Jabalpur-482001, Jabalpur-482001, Madhya Pradesh. Madhya Pradesh. Pan/Gir No. : Aefpj7779E Appellant .. Respondent Assessee By : Shri.Sanjay Seth Ca & Shri.Sachin Vajpayee, Adv.Ar Revenue By : Shri.Rajesh Kumar Gupta. Sr. Dr Date Of Hearing 14.09.2023 Date Of Pronouncement 18.09.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-1,Jabalpur Passed U/S 143(3) R.W.S 147 & 250 Of The Act. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Sanjay Seth CA &For Respondent: Shri.Rajesh Kumar Gupta. Sr. DR
Section 143(3)Section 69B

Income Tax (Appeals)-1,Jabalpur passed u/s 143(3) r.w.s 147 and 250 of the Act. The revenue has raised the following grounds of appeal: 1. The Ld. CIT(A) erred in Law and on facts in deleting the addition Rs. 1,10,58,722/- made by the Assessing Officer u/s 69B on account of difference between investment in firm

SHRI NITIN SHARMA,JABALPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JABALPUR

In the result, the appeal is partly allowed

ITA 25/JAB/2019[2014-15]Status: DisposedITAT Jabalpur28 Sept 2020AY 2014-15

Bench: Shri N.R.S. Ganesan & Shri Sanjay Arora

Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153A(1)Section 153CSection 153C(1)Section 153DSection 263Section 7(1)

reassessment proceedings, for the benefit of the 5 | P a g e Nitin Sharma v. Pr. CIT Revenue. Suffice to state that we find the assessment proceedings to have been validly initiated, and the absence of jurisdictional fact for proceeding u/s. 153A(1) r/w s. 153C. The finality of concluded proceedings cannot be lightly, if at all, disturbed

VISHWANATH SINGH RATHODE,HOSHANGABAD vs. INCOME TAX OFFICER-1,, ITARSI

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

ITA 142/JAB/2023[2017-18]Status: DisposedITAT Jabalpur09 Jan 2025AY 2017-18

Bench: Shri Kul Bharatassessment Year: 2017-18 Vishwanath Singh Rathode V. Income Tax Officer-1 Village Chapda Grahan, Income Tax Officer-1, Seonimalwa, Seonimalwa, Niyas Coloni Itarsi, Dist Madhya Pradesh-461221. Narmadapuram, Mp- 461111. Pan:Aezpr6401F (Appellant) (Respondent) Appellant By: Shri Abhijeet Shrivastava, Adv. Respondent By: Shri Bharat Sheogankar, Sr. Cit(Dr) Date Of Hearing: 08 01 2025 Date Of Pronouncement: 09 01 2025 O R D E R

For Appellant: Shri Abhijeet Shrivastava, AdvFor Respondent: Shri Bharat Sheogankar, Sr. CIT(DR)
Section 144Section 249Section 249(4)Section 249(4)(a)Section 249(4)(b)Section 69

147 for reassessment which is not justified and bad in law. 5. The assesse reserves the right to append, alter or delete any ground (S) of appeal upto the time of hearing of appeal.” Page 2 of 4 2. The facts giving rise to the present appeal are in this case the case was taken up for scrutiny

SUNIL KUMAR PATHAK,REWA vs. INCOME TAX OFFICER WARD -1, , REWA

In the result, the appeal filed by the assessee is allowed

ITA 37/JAB/2023[2014-15]Status: DisposedITAT Jabalpur13 Nov 2023AY 2014-15

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadalesunil Kumar Pathak Vs. Ito, Ward – 1, 3Rd Floor, A Block, Shilpi Rewa-486001, Plaza, Pili Kothi, Madhya Pradesh. Rewa-486001, Madhya Pradesh. Pan/Gir No. : Arwpp9628A Appellant .. Respondent Appellant By : Shri.Dhiraj Ghai.Fca.Ar Respondentby : Shri.Shiv Kumar. Sr.Dr Date Of Hearing 15.09.2023 Date Of Pronouncement 10.11.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac) / Cit(A) Passed U/Sec 144 & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Dhiraj Ghai.FCA.ARFor Respondent: Shri.Shiv Kumar. Sr.DR
Section 147Section 148

reassessment proceedings though the reasseement notice issue by the Assessing officer is defective and further the CIT(A) erred in confirming the action of the assessing is sustaining the addition overlooking the voluminous material evidences filed in the assessment and appellate proceedings. On the first issue of validity of issue of notice U/sec148 of the Act, we find the Assessing

VARSMA ENGINEERS GROUP,JABALPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 1(1), JABALPUR

In the result, the assessee’s appeal is allowed

ITA 224/JAB/2018[2008-09]Status: DisposedITAT Jabalpur22 Oct 2021AY 2008-09

Bench: Sh. Sanjay Arora, Hon'Bleassessment Year: 2008-09 Varhsma Engineer’S Group, Assistant Commissioner Of Vs. Income Tax, Vijay Nagar, Circle – 1(1), Jabalpur (M.P.) Jabalpur (M.P.) [Pan: Aaefv 7885Q] (Appellant) (Respondent) Appellant By Sh. H.S. Modh Adv. Respondent By Smt. Swati Agarwal, Sr. Dr Date Of Hearing 12/10/2021 Date Of Pronouncement 22/10/2021

Section 143(3)Section 147Section 148(1)Section 184Section 40

147 read with section 143(3) of the Income Tax Act, 1961 (‘the Act’ hereinafter) for the Assessment Year (AY) 2008-09 vide order dated 16/06/2014. 2. The brief facts of the case are that the assessee, a partnership firm in contract business, was assessed at a total income of Rs.6,19,810 for the relevant year vide assessment u/s

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 1(1), JABALPUR vs. M/S.TDP & ASSOCIATES, JABALPUR

In the result, both the Revenue’s appeal and the assessee’s CO are dismissed

ITA 66/JAB/2019[2012-13]Status: DisposedITAT Jabalpur15 Jun 2022AY 2012-13

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Shiv Kumar, Sr. DRFor Respondent: Shri Sapan Usrethe, Advocate
Section 143(3)Section 147Section 254(2)Section 44A

147 read with section 143(3) of the 1 | P a g e C.O.No. 01/JAB/2022 TDP & Associates Income Tax Act, 1961 (‘the Act’ hereinafter) dated 28/12/2017 for Assessment Year (AY) 2012-13. 2. The appeal, initially dismissed by the Tribunal on 23/08/2019 on account of low tax-effect, was later recalled vide order u/s. 254(2) dated 27/04/2022 for being

SUNIL KUMAR JAIN,DAMOH vs. INCOME TAX OFFICE, DAMOH

In the result, both the appeals are allowed

ITA 176/JAB/2018[2011-12]Status: DisposedITAT Jabalpur04 Apr 2019AY 2011-12

Bench: Shri A. D. Jain & Shri T. S. Kapoor

For Appellant: Shri Vijay Gupta, C.AFor Respondent: Shri P. D. Moughale, D.R
Section 147Section 148

reassessment order dated 23/12/2013 is also bad in law. 2. In the facts and circumstances of the case the Id CIT (A) should have held that reopening of the assessment is bad in law. ITA No.175 & 176/JAB/2018 Page 2 of 4 3. Considering the fact that addition of Rs.2,40,580/- for assessment year 2010-11 and Rs.48

SUNIL KUMAR JAIN,DAMOH vs. INCOME TAX OFFICE, DAMOH

In the result, both the appeals are allowed

ITA 175/JAB/2018[2010-11]Status: DisposedITAT Jabalpur04 Apr 2019AY 2010-11

Bench: Shri A. D. Jain & Shri T. S. Kapoor

For Appellant: Shri Vijay Gupta, C.AFor Respondent: Shri P. D. Moughale, D.R
Section 147Section 148

reassessment order dated 23/12/2013 is also bad in law. 2. In the facts and circumstances of the case the Id CIT (A) should have held that reopening of the assessment is bad in law. ITA No.175 & 176/JAB/2018 Page 2 of 4 3. Considering the fact that addition of Rs.2,40,580/- for assessment year 2010-11 and Rs.48

DINESH JAT,SAGAR vs. CIT(A), NFAC

ITA 196/JAB/2025[2013-14]Status: DisposedITAT Jabalpur28 Aug 2025AY 2013-14

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Jaiswal Sancheti, C.AFor Respondent: Shri. N.M. Prasad, Sr. DR
Section 144Section 147Section 250Section 251(1)(a)Section 271(1)(c)Section 44ASection 69A

Reassessment is Without Proper Foundation - Absence of Tangible Material The reopening of the assessment under section 147 is purely based on AIR-reported bank deposits without any independent verification or tangible evidence. This amounts to a borrowed satisfaction, which has been consistently held by judicial forums (including Harmeet Singh vs. ITO) as invalid and unsustainable in law. 5. Addition

DINESH JAT,SAGAR vs. CIT (A), SAGAR

ITA 195/JAB/2025[2013-2014]Status: DisposedITAT Jabalpur28 Aug 2025AY 2013-2014

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Jaiswal Sancheti, C.AFor Respondent: Shri. N.M. Prasad, Sr. DR
Section 144Section 147Section 250Section 251(1)(a)Section 271(1)(c)Section 44ASection 69A

Reassessment is Without Proper Foundation - Absence of Tangible Material The reopening of the assessment under section 147 is purely based on AIR-reported bank deposits without any independent verification or tangible evidence. This amounts to a borrowed satisfaction, which has been consistently held by judicial forums (including Harmeet Singh vs. ITO) as invalid and unsustainable in law. 5. Addition