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

section 148 before making the assessment u/s\n147, the AO is required to serve on the assessee a notice requiring him to furnish return\nof his income. Thus service of notice u/s 148 is a condition precedent to make the\nassessment u/s 147. In the present case as evident from the assessment order, AO\nissued notice u/s 148

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

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 147 of the I.T. Act, 1961.” 5.5. The appellant submitted that the AO has satisfied himself that appellant had taken accommodation entry in the shape of unsecured loans. The appellant submitted that it raised objections before AO against such reasons wherein it was categorically contended that appellant had not taken any unsecured loans from any of the party mentioned

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

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

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

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 the original assessments were made and it was open to the\nIncome Tax Officer to make that presumption

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

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

148 of the Act on\n28/03/2019 merely as a process of review, the reassessment is not legally invalid. The\nappellant relied on various judicial decisions that the AO cannot reopen concluded\nassessment merely to re-examine any transaction for non-application of his mind on the\nmaterials already with him.\n\n5.13 The Hon’ble Supreme Court in the case

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

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

section.\nAppellant prays reopening the assessment under the facts and\ncircumstances of the case and is not in accordance with law, thus\nconsequent order deserves to be quashed.\n2. On facts and circumstances of the matter the Id. CIT(A) has erred in\nconfirming the addition of Rs. 1,76,342/-made by Id.AO on the basis of\nan excel

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

148 of the Act. The assessee trust would\nnever filed its ITR if department has not carried out survey proceedings.\nThe assessee trust is required to be audited as per provisions of section 12 of\nthe I.T. Act, 1961. Though Section 12A(1)(b) provides that the exemption u/s\n11 will be available only if the accounts are audited

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

148 of the Act. The assessee trust would\nnever filed its ITR if department has not carried out survey proceedings.\n\nThe assessee trust is required to be audited as per provisions of section 12 of\nthe I.T. Act, 1961. Though Section 12A(1)(b) provides that the exemption u/s\n11 will be available only if the accounts are audited

ARUN BHARDWAJ,DELHI vs. ACIT CIRCLE 1 , JAIPUR

In the result, appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI GAGAN GOYAL (Accountant Member)

148, is clearly unsustainable and we find that on such consideration both the appellate authorities have interfered into the matter. In doing so, no error has been committed warranting reconsideration. 9-As far as explanation to Section 151, brought into force by Finance Act, 2008 is concerned, the same only pertains to issuance of notice and not with 25 Arun

AJOY SHARMA,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 133(6) of the Act to make\ninquiries about claim of deduction under Chapter VIA of the Act, the original\nreturn, which was invalid, would have attained finality and after lapse of\nmaximum time limit to initiate any action under the Income Tax Act, 1961, no\naction could have been taken leaving the Department at total loss of revenue

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 133(6) of the Act to make\ninquiries about claim of deduction under Chapter VIA of the Act, the original\nreturn, which was invalid, would have attained finality and after lapse of\nmaximum time limit to initiate any action under the Income Tax Act, 1961, no\naction could have been taken leaving the Department at total loss of revenue

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 133(6) of the Act to make\ninquiries about claim of deduction under Chapter VIA of the Act, the original\nreturn, which was invalid, would have attained finality and after lapse of\nmaximum time limit to initiate any action under the Income Tax Act, 1961, no\naction could have been taken leaving the Department at total loss of revenue

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 133(6) of the Act to make\ninquiries about claim of deduction under Chapter VIA of the Act, the original\nreturn, which was invalid, would have attained finality and after lapse of\nmaximum time limit to initiate any action under the Income Tax Act, 1961, no\naction could have been taken leaving the Department at total loss of revenue

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

section 133(6) of the Act to make\ninquiries about claim of deduction under Chapter VIA of the Act, the original\nreturn, which was invalid, would have attained finality and after lapse of\nmaximum time limit to initiate any action under the Income Tax Act, 1961, no\naction could have been taken leaving the Department at total loss of revenue

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)

148 or (b) to disclose fully and truly all the material facts necessary for his assessment for that purpose. In the present case the assessee during the original assessment had filed various details as requisitioned by ld. Ao and only after examining the same ld. AO had accepted the income as returned. Thus there was no failure on the part

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)

148,149,151 and 153. 1.21. Section 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

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

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

148. During the year under consideration,\nassessee, 'Ashok Kumar Jain (PAN: ACIPJ2962J)'was engaged in family business\nwith his brothers at Raipur.\n6.2 During the year under consideration, assessee has sold immovable property\nfor a consideration of Rs.85,00,000/-, whereas stamp duty valuation was\nRs.93,20,000/-. Assessee had purchased the said immovable property at\nRs.65