DY. COMMISSIONER OF INCOME TAX, KOTA vs. MOTION EDUCATION PVT. LTD., KOTA

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.472 & 455/JP/2025 निर्धारण वर्ष / Assessment Years : 2017-18 & 2018-19 DCIT, Central Circle, Kota बनाम Vs. Motion Education Limited, 394, Rajeev Gandhi Nagar, Kota Private स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AAICM4637L अपीलार्थी / Appellant प्रत्यर्थी / Respondent Motion Limited, CO. Nos.20 & 21/JP/2025 (Arising out of ITA. Nos.472 & 455/JP/2025) निर्धारण वर्ष / Assessment Years : 2017-18 &

153D reads as under:- "Prior approval necessary for assessment in cases of search or requisition. 1530. No order of assessment or reassessment shall be passed by an Assessing Officer below the rank of Joint Commissioner in respect of each assessment year referred to in clause (b) of sub-section (1) of section 153A or the assessment year referred

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

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE AJMER vs. CHANDRA KANT SAINI , AJMER

In the result appeals of the revenue is dismissed and the cross

153D of the Act, which makes the order passed u/s 143(3)/153A non est, void ab initio and bad in law. Therefore, the assessment order passed by the ld. AO on the basis of such approval is also bad in law and deserves to be quashed. Ld. CIT(A) has erred in not giving finding on this issue

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE AJMER vs. ANOOP KUMAR GUPTA, AJMER

In the result appeals of the revenue is dismissed and the cross

153D of the Act, which makes the order passed u/s 143(3)/153A non est, void ab initio and bad in law. Therefore, the assessment order passed by the ld. AO on the basis of such approval is also bad in law and deserves to be quashed. Ld. CIT(A) has erred in not giving finding on this issue

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

section\n11 (2) and 11(1)(a) of the\nAct\n33,50,772/-\n33,50,772/-\n5.\nUnverifiable Creditors\n16,75,286/-\n16,75,286/-\n6.\n15% of Construction\nExpenses\n1,20,00,440/-\n1,20,00,440/-\n7.\nDisallowance of Rs\n3,69,567 out of total\nexpenses

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

section\n11 (2) and 11(1)(a) of the\nAct\n33,50,772/-\n33,50,772/-\n\n5.\nUnverifiable Creditors\n16,75,286/-\n16,75,286/-\n\n6.\n15% of Construction\nExpenses\n1,20,00,440/-\n1,20,00,440/-\n\n7.\nDisallowance of Rs\n3,69,567 out of total\nexpenses

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHREE BHAGWATI MACHINE PVT. LTD., AJMER

In the results appeal of the revenue in ITA no

153D of the Act to the order passed u/s 153A is without application of mind, purely in a mechanical manner, without appreciating the facts and not following the provisions/mandate of the section, which makes the order passed u/s 153A nonest, void ab initio, bad in law, the same deserves to be quashed.. 5. That

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHREE BHAGWATI MACHINE PVT. LTD., AJMER

In the results appeal of the revenue in ITA no

153D of the Act to the order passed u/s 153A is without application of mind, purely in a mechanical manner, without appreciating the facts and not following the provisions/mandate of the section, which makes the order passed u/s 153A nonest, void ab initio, bad in law, the same deserves to be quashed.. 5. That

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHREE BHAGWATI MACHINE PVT. LTD., AJMER

In the results appeal of the revenue in ITA no

153D of the Act to the order passed u/s 153A is without application of mind, purely in a mechanical manner, without appreciating the facts and not following the provisions/mandate of the section, which makes the order passed u/s 153A nonest, void ab initio, bad in law, the same deserves to be quashed.. 5. That

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHREE BHAGWATI MACHINE PVT. LTD., AJMER

In the results appeal of the revenue in ITA no

153D of the Act to the order passed u/s 153A is without application of mind, purely in a mechanical manner, without appreciating the facts and not following the provisions/mandate of the section, which makes the order passed u/s 153A nonest, void ab initio, bad in law, the same deserves to be quashed.. 5. That

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHREE BHAGWATI MACHINE PVT. LTD., AJMER

In the results appeal of the revenue in ITA no

153D of the Act to the order passed u/s 153A is without application of mind, purely in a mechanical manner, without appreciating the facts and not following the provisions/mandate of the section, which makes the order passed u/s 153A nonest, void ab initio, bad in law, the same deserves to be quashed.. 5. That

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHREE BHAGWATI MACHINE PVT. LTD., AJMER

In the results appeal of the revenue in ITA no

153D of the Act to the order passed u/s 153A is without application of mind, purely in a mechanical manner, without appreciating the facts and not following the provisions/mandate of the section, which makes the order passed u/s 153A nonest, void ab initio, bad in law, the same deserves to be quashed.. 5. That

RASHLEELA ENTERPRISES PRIVATE LIMITED,JAIPUR vs. THE PCIT (CENTRAL), JAIPUR

In the result, the appeal of the assessee is allowed

153D of the I.T. Act, 1961 of the\nJt. Commissioner of Income-tax, Central Range, Jaipur vide her\noffice letter No. Jt.CIT(C)/Approval, u/s 153D/2020-21/659 dated\n24.06.2021.\n4.\nOn culmination of the assessment proceedings, the Id. PCIT\ncalled for the assessment records as per provision of section 263\nof the Act to examine the same. Ld. PCIT upon examination

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

In the result, the appeal of the assessee is allowed

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

TDS)--Accordingly, six months from the end of the month in which the action for imposition of penalty was initiated expired on 30th June, 2010--Hence, the order imposing penalty under s. 271C could have been passed on or before 30th June, 2010-- Therefore, order levying penalty under s. 271C passed by the Addl. CIT on 18th

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which

ACIT, CC-4, JAIPUR vs. SMT. ASHA JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which

ACIT, CC-4, JAIPUR vs. SMT. SANGEETA MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which

ACIT, CC-4, JAIPUR vs. SHRI MUKESH JAIN, JAIPUR

In the result appeals of the revenue are dismissed and the cross

TDS by various persons and entities of the Maverick group including assessee, along with many other individuals and entities (who are not at all related with assessee). These excel sheets contained details of amount borrowed, interest paid, Tax deducted, amount of loan returned with dates of assessee, as also contained the last column which had further sub columns which