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

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

147 of the Income Tax Act, 1961. Mr. Manchanda, learned counsel\nfor the appellant, took us through several sections of Mulla's Principles of Mohammedan\nLaw including sec. 268 and submitted that in the circumstances of the case it must be\npresumed that the three ladies were the legally wedded wives of the respondent. The law\nhas not changed since

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

section 12A(1)(b) states that: [(1)] The provisions of section 11 and section 12 shall not apply inrelation to the income of any trust or institution unless the followingconditions are fulfilled, namely:- (b)where the total income of the trust or institution as computedunder this Act without giving effect to [the provisions of section 11 andsection 12 exceeds

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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\nBeing aggrieved with the order

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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\nBeing aggrieved with the order

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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\nBeing aggrieved with the order

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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\n\nBeing aggrieved with the order

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

TDS. 9. The appellant craves leave to add, alter, modify or amend any ground on or before the date of hearing.” 2.2 In ITA No. 962/JPR/2024, the assessee has raised the following grounds of appeal:- “1.That on the facts and in the circumstances and in law of the case, CIT(A) grossly erred in confirming the assessment proceeding u/s 147

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

section 148 before making the assessment u/s 147, the AO is required to serve on the assessee a notice requiring him to furnish return of his income. Thus service of notice u/s 148 is a condition precedent to make the assessment u/s 147. In the present case as evident from the assessment order, AO issued notice

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

section 148 before making the assessment u/s 147, the AO is required to serve on the assessee a notice requiring him to furnish return of his income. Thus service of notice u/s 148 is a condition precedent to make the assessment u/s 147. In the present case as evident from the assessment order, AO issued notice

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

section 2451 of the Act. Thirdly, the\ndepartment concedes that the order of Settlement Commission has not been\nchallenged further. Under the circumstances, allowing the department's appeal,\nlevying tax on the same amount from the assessee would be wholly impermissible.\nIn fact, it also would be opposed to the observations of the Assessing Officer and\nthose of the Tribunal

RADHAKISHAN BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

TDS under section 194C of the Act and the same is reflected in For 26AS of the Assessee and the Ld CIT(A) has erred in setting aside the issue for verification to the AO even when all documents are on record. 3. Ground Based on facts and circumstances of the case and in law, the AO has erred

RADHAKISHNA BENIWAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee in ITA no

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

TDS under section 194C of the Act and the same is reflected in For 26AS of the Assessee and the Ld CIT(A) has erred in setting aside the issue for verification to the AO even when all documents are on record. 3. Ground Based on facts and circumstances of the case and in law, the AO has erred

DEEPAK JAIN,C-SCHEME vs. ITO WARD 2(1), BHAGWAN DAS ROAD

In the result, appeal of the assessee is allowed

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

147 and 153C are not interchangeable but are mutually exclusive sections. It is not the choice of the revenue to invoke either of the two sections at its whims. The scope of the two sections has been legislated differently with a definitive purpose. 1.22. For the above ratio, reliance is placed on the following judicial pronouncements:- 1.22.i Arun Kumar

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

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

TDS of Rs.21,732/-. The impugned order thus, to this\nextent in nullity being without jurisdiction and therefore deserves to be\nquashed.\n6. Rs.6,35,00,000/-: The Id. PCIT, Udaipur in the impugned order\npassed u/s 263, raised an issue for obtaining new loans during the\nimpugned previous year of Rs.6,35,00,000/-. The impugned order thus

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)

section 147 into the Act – ABCAUS case law citation – 939 2016 (06) ITAT (June 2016) Inductotherm ndia Pvt Ltd vs. CIT (Special Civil application No. 858 of 2006) (GUJ HC), it has been held that The assessing officerin the guise of power to reopen an assessment cannot seek to undertake a fishing or roving enquiry and seek to verify claims

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

TDS and cannot create automatic and conclusive charge of income in hands of recipient unless concrete material is brought on records by Ld AO/revenue to say that assessee concerned has obtained said sum in its coffers which can’t be left in lurch as done in extant case . 8.1 Solemn duty of making of independent and meaningful enquiry u/s 133/6

ZUBERI ENGINEERING COMPANY,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

TDS and cannot create automatic and conclusive charge of income in hands of recipient unless concrete material is brought on records by Ld AO/revenue to say that assessee concerned has obtained said sum in its coffers which can’t be left in lurch as done in extant case . 8.1 Solemn duty of making of independent and meaningful enquiry u/s 133/6

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, JAIPUR vs. ZUBERI ENGINEERING COMPANY, JAIPUR

In the result, all the three appeals of the assessee are partly allowed and that of revenue’s cross appeal is dismissed

TDS and cannot create automatic and conclusive charge of income in hands of recipient unless concrete material is brought on records by Ld AO/revenue to say that assessee concerned has obtained said sum in its coffers which can’t be left in lurch as done in extant case . 8.1 Solemn duty of making of independent and meaningful enquiry u/s 133/6