ITO WARD-7(2), JAIPUR, WARD-7(2), JAIPUR vs. M/S. SILVEX & COMPANY G-1/35 TO 37, 47, 48 EPIP, JEWELLERY ZONE, SITAPURA INDUSTRIAL AREA, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed and cross appeal of the Revenue is dismissed

reopened. The assessee had no control over the way an assessment order is drafted. In the circumstances it is submitted that since no independent application on mind was applied by Ld. AO while issuing notice u/s 148 and he simply proceeded on borrowed satisfaction reached by some other officials on the basis of statements recorded in the case of third

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reopening was initiated on the premise of unaccounted\ncash deposits, the addition finally sustained was entirely different in nature, i.e.,\ndisallowance of deduction u/s 80P.\n2.4 This clear disconnect between the reasons recorded and the additions made is fatal to\nthe validity of the reassessment. The law requires that there must be a live link or nexus\nbetween the reasons

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reopening was initiated on the premise of unaccounted\ncash deposits, the addition finally sustained was entirely different in nature, i.e.,\ndisallowance of deduction u/s 80P.\n2.4 This clear disconnect between the reasons recorded and the additions made is fatal to\nthe validity of the reassessment. The law requires that there must be a live link or nexus\nbetween the reasons

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reopening was initiated on the premise of unaccounted\ncash deposits, the addition finally sustained was entirely different in nature, i.e.,\ndisallowance of deduction u/s 80P.\n2.4 This clear disconnect between the reasons recorded and the additions made is fatal to\nthe validity of the reassessment. The law requires that there must be a live link or nexus\nbetween the reasons

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reopening was initiated on the premise of unaccounted\ncash deposits, the addition finally sustained was entirely different in nature, i.e.,\ndisallowance of deduction u/s 80P.\n\n2.4 This clear disconnect between the reasons recorded and the additions made is fatal to\nthe validity of the reassessment. The law requires that there must be a live link or nexus\nbetween

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

assessment. We do not think that any\nground is made out for disagreeing with the High Court in respect of the validity of the\norder of re- assessment for the year 1949-50. 9. The appeals fail and are dismissed with\ncosts.”\n5.15 The Hon’ble Supreme Court in the case of ITO v. Nawab Mir Barkat Ali Khan\nBahadur

BRIJ BIHARI AGRAWAL,JAIPUR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 1 , JAIPUR

TDS\nwas deducted there on\". From this it is also further corroborated that\nfigure of 2.4% as found in the seized pen drive pertains to extra interest\nhowever the argument of the assesse that the additional interest was\nnot paid has not been specifically accepted by the Hon'ble ITAT on\nmerits.\n5.8 On page 122 of the order

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Assessing Officer has raised the query dated 25 september2017\nduring the assessment proceedings and the petitioner had responded to the same by its\nletters dated 10December 2017 and21 December 2017 justifying its stand. The non\nrejection of explanation in the Assessment order would amount to the Assessing officer\naccepting the view of the assessee, thus taking a view/forming an opinion

APOORVA SHARMA,JAIPUR vs. ITO, WARD-6(4), JAIPUR

reopened by issuing notice u/s 148. In response to the notice, it was submitted by the assessee that she was minor during the previous year relevant to impugned assessment year and it was requested to drop the reassessment proceedings initiated against her. It is also noted that no return of income was filed by the assessee in response to notice

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

In the result, the appeals of the assessee in ITA no

assessment order. In its reply\nassessee has explained and replied to all the issue with the details and\nexplanation. However, the ld. AO did find it acceptable and stated that the\nassessee has not filed ITR for the year, the ITR was filed after reopening\nof the proceedings u/s 148. The ld. AO has stated that the total income

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

assessment order. In its reply\nassessee has explained and replied to all the issue with the details and\nexplanation. However, the ld. AO did find it acceptable and stated that the\nassessee has not filed ITR for the year, the ITR was filed after reopening\nof the proceedings u/s 148. The ld. AO has stated that the total income

DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR vs. BHARAT SPUN PIPE AND CONSTRUCTION COMPANY, JAIPUR

In the result the appeal of the revenue in ITA no

Assessing Officer cannot gather material or\nevidence at the back of the assessee and use it unilaterally. Evidence has to be\ntested on cross examination. Failure to afford opportunity to the assessee to cross-\nexamine a third party whose evidence is sought to be utilized would make the\nassessment void as held in the cases of KishinchandChellaram

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

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

reopening of the assessment and even\nnot falling under the purview of Expln. 3 to s.147. Therefore, for the\npurpose of limitation under s.263(2), if the jurisdiction under s.263 is\ninvoked on an issue which was not subject-matter of reassessment, then\nthe limitation would reckon from the original assessment order and not\nfrom the reassessment order.”\nAccordingly

DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

reopened. Since the satisfaction note forms the basis for initiating the proceedings under Section 153 C of the Act, it is futile for MrManchanda to contend that this requirement need not be met for initiation of the proceedings but only during the subsequent assessment" It is held by the Hon'ble Madras High Court in the case of Agni Vishnu

AMAN EXPORTS INTERNATIONAL,JAIPUR vs. DCIT CIRCLE 1, JAIPUR

In the result, appeal of the assessee is partly allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

reopening void. Evidences Provided by the assessee totally ignored That during the re-assessment proceedings to prove the genuineness of the loans taken the following documents were submitted. 1. Confirmation of Account for Ay 2012-13 & 2015-16, the Ay 2012-13 being the year in which amount was received any Ay 2015-16 being the year in which loan

RAM RATAN JANGIR,AMER vs. INCOME TAX OFFICER, WARD -7(2), JAIPUR

In the result ground no. 1 raised by the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reopen an assessment cannot seek to undertake a fishing or roving enquiry and seek to verify claims as if it were a scrutiny assessment. Based on above it is humbly submitted that the re-opening sought merely on observation that, the assessee had paid interest on borrowed funds when no interest has been shown on loans advanced by the assessee

ASHOK KUMAR JAIN,KOTA vs. ITO WD-2(1), KOTA, KOTA

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

TDS to the appellant after due\nverification. This ground of appeal raised by the appellant is thus allowed.\n7.1 The fourth ground of appeal raised by the appellant read as under:\n\"That the learned AO erred in facts and law by not allowing proper opportunity of being\nheard because as per provisions of Sec 148A of the Income

BHAGWATIKRIPA PAPER MILLS PVT LTD,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-6,, JAIPUR

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

Bench: Or At The Time Of Hearing.”

reopened for scrutiny after due verification, application of mind, recording of reasons and due approval obtained from the competent authority u/s 151 of the Income Tax Act, 1961. The notice under section 148 was issued to the assessee on 31.03.2021. The assessee has filed ITR in response to notice u/s 148 on 16.03.2022. Subsequently. notice u/s 143(2) was issued