INCOME TAX OFFICER, WARD-1, BEAWAR vs. SHRI MANOJ AMAR CHAND TAILOR, MASUDA BIJAINAGAR

In the result, the appeal filed by the Revenue is dismissed

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. 2.4. Reliance is placed in the following decisions: a) Hon’ble ITAT Jaipur in the case

SHRI MANOJ AMAR CHAND TAILOR,MASUDA BIJAINAGAR vs. INCOME TAX OFFICER, WARD-1, BEAWAR

In the result, the appeal filed by the Revenue is dismissed

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. 2.4. Reliance is placed in the following decisions: a) Hon’ble ITAT Jaipur in the case

DCIT, CIRCLE-4, JAIPUR vs. M/S KANDOI METAL POWDERS MANUFACTURING COMPANY PVT. LTD., JAIPUR

In the result, both the appeals are partly allowed

147 TTJ 308 (Del.) (Trib.) The assessee while furnishing necessary information regarding the transactions and the aforesaid parties like purchase bills issued against goods purchased, sales- tax registration numbers of the parties, PANs, their confirmations and Bank statements showing the debit of the amount paid through Account payee Cheques to them in the account of assessee and credited

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 Act and with the approval of Principal Commissioner of Income-tax? Whether on the facts and circumstances of the case, the Ld. CIT(A) is justified in quashing the reopening and reassessment u/s147 of the Act without appreciating the facts and circumstances of the case ignoring that the assessee was involved in organized tax evasion

GEMCO INTERNATIONAL,JAIPUR vs. INCOME TAX OFFICER WARD 2(1), JAIPUR

In the result, the appeal filed by the assessee stands partly allowed with no order as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

147 read with section 143(3) was completed by making disallowance of bogus purchases debited in P & L account of Rs. 2,63,245/-. 2.2 Although

SHRI SALASAR BALAJI DEVELOPERS PVT. LTD,JAIPUR vs. INCOME TAX OFFICER, WARD 2(2), JAIPUR

In the result, the appeal of the assessee is allowed

bogus unsecured loan or in other\nforms from the paper/ shell companies of Bank group. M/s Shri Salasar Balaji Developers Pvt. Ltd. is one of the beneficiary\ncompany who have taken accommodation entry from the Banka Group of companies. The assessee has received Rs.\n1,65,00,440/- during F.Y. 2011-12 relevant to A.Y. 2012-13 through accommodation entry

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

Section 147 was based on credible and\nindependently verified evidence, satisfying the legal requirements. The Hon’ble ITAT is\nrequested to uphold the reassessment and reverse the order of the CIT(A), quashing\nthe same.\nRespectfully Submitted on Behalf of the Revenue\n17. Per contra, ld. AR of the assessee supported the order of the ld.\nCIT

SHRI KHANDELWAL DIAMONDS PRIVATE LIMITED,JAIPUR vs. ACIT, CIRCLE 1, JAIPUR, JAIPUR

In the result, appeal of the assessee is partly allowed

Bench: Him On The Reason Of Issuing Notice U/S 148 On Borrowed Satisfaction Of Another Wing Of The Department.

section 143(3) r.w.s 147 of the Income Tax Act, by the ACIT, Circle-01, Jaipur. 2 Shri Khandelwal Diamonds Pvt. Ltd. vs. ACIT 2. The assessee has marched this appeal on the following grounds:- “1. That under the facts and circumstances of the case the Ld. CIT(A) has erred seriously on facts in sustaining the action

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

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

Section 147 was based on credible and\nindependently verified evidence, satisfying the legal requirements. The Hon’ble ITAT is\nrequested to uphold the reassessment and reverse the order of the CIT(A), quashing\nthe same.\nRespectfully Submitted on Behalf of the Revenue\n17. Per contra, ld. AR of the assessee supported the order of the ld.\nCIT

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

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

Section 147 was based on credible and\nindependently verified evidence, satisfying the legal requirements. The Hon’ble ITAT is\nrequested to uphold the reassessment and reverse the order of the CIT(A), quashing\nthe same.\n\nRespectfully Submitted on Behalf of the Revenue\n\n17. Per contra, ld. AR of the assessee supported the order of the ld.\nCIT

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA vs. M/S SHIV VEGPRO PVT. LTD., KOTA

In the result, appeal of the revenue is dismissed

bogus concerns of Bhanwar Lal Jain & Group.” Thus it is clear that the reopening of the assessment is based on the information received and to assess the income in respect of the purchases made by the assessee which was examined by the AO during the original 21 M/s. Shiv Vegpro Pvt. Ltd., Kota. scrutiny assessment under section

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, A person other than

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4, JAIPUR, JAIPUR vs. SUNDER DAS SONKIYA, JAIPUR

In the result, both appeals of the revenue are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 143(3) r.w.s 147 & 147 rws 144B of the 2 DCIT vs. Sunder Das Sonkiya Income Tax Act, by ITO, Ward 1 (2) and the National Faceless Assessment Unit respectively. 2. Since the issues involved in these appeals are almost identical on facts and are almost common, except the difference in figure of dispute. Thus, these appeals were heard

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

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

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

purchase and sales, and it is after examining the case thoroughly that assessment was completed on returned income. (B) Proceeding under section 148A/148 In this case the learned AO issued notice under section 148 after issuing notice under section 148A(b) and passing order under section 148 A(d). Notice under section 148 has been issued on 29.03.2022. Copies

PRAMOD KUMAR CHOUDHARY,JAIPUR vs. ITO, JAIPUR

In the result, the appeal of the assessee is allowed

bogus purchases is also not\nbased on any enquiry or verification of record by the AO but this is simply\nreproduction of information received from the Investigation Wing. The said\ninformation is also incomplete as regards the details of the purchases and the\nparties from whom such purchases were made by the assessee. Thus the reasons\nrecorded

INCOME TAX OFFICER WARD-1(1), JAIPUR vs. KIRAN INFRA ISPAT LIMITED, JAIPUR

147 by issue of notice u/s 148, after passing\norder u/s 148A(d) of I.T. Act. Afterwards the assessee submitted detailed\nexplanation and evidence in support of its claim, but the ld. AO observed\nthat heavy payments have been received from M/s Mamta Trading\nCompany and its proprietor Shri Suresh Kumar has not filed the return of\nincome and accordingly

M/S. SILVEX & COMPANY INDIA LTD.,JAIPUR vs. ITO WARD-7(4), JAIPUR

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

bogus concerns of Bhanwar Lal Jain & Group." Thus it is clear that the reopening of the assessment is based on the information received and to assess the income in respect of the purchases made by the assessee which was examined by the AO during M/s Silvex & Co. (India) Ltd. the original scrutiny assessment under section 143(3). The AO after

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

bogus concerns of Bhanwar Lal Jain & Group." Thus it is clear that the reopening of the assessment is based on the information received and to assess the income in respect of the purchases made by the assessee which was examined by the AO during M/s Silvex & Co. (India) Ltd. the original scrutiny assessment under section 143(3). The AO after

PRABHATI DEVI,DAUSA vs. ITO WARD DAUSA , DAUSA

In the result, appeal of the assessee is allowed

147 was not satisfied and the\nreassessment notices were quashed. [S. 143(1)]\nFor the relevant assessment years, the returns filed by the assessee were processed\nunder section 143(1). Subsequently, the AO issued notice under section 148 seeking to\nreopen the assessment on ground that on verification of details available on record, it\nwas found that assessee had made