LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

149 or under the Finance Act, 2021 and in law and whatever rights were available to the Assessing Officer under the Finance Act, 2021 shall continue to be available; (v) This order shall substitute or modify judgments and orders passed by High Courts across the country quashing similar notices issued under the unamended section 148 of the Act irrespective

RAGHAV COMMODITIES,JAIPUR vs. ITO WARD 6(2), JAIPUR

In the result, the appeal of the assessee is partly allowed as indicated

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

bogus by ld.AO) cannot be treated as “asset” by any stretch of imagination. It is further submitted that such loss was incurred by assessee while carrying out trading transactions in stock exchange thus it cannot even be held as erosion of any asset as alleged. Without prejudice to above explanation to section 149(1) (b) does not include any term

LATE SHRI JITENDRA NAGAR THROUGH HIS L/R SMT. DEEPIKA NAGAR,BARAN vs. INCOME TAX OFFICER WARD BARAN, BARAN

In the result, appeal of the assessee is allowed

Bench: The Date Of Hearing.”

149 of the Act. Accordingly, we are of the considered view that notice issued under section 148 of the Act on 29.07.2022 is void ab initio and bad in law. Therefore, the same is quashed. Consequently, the entire re-assessment proceedings and assessment order passed under section 147 r.w. section 144B of the Act are also quashed

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

149 taxmann.com 399 (SC), the Supreme Court held that object of section 153A is to bring under tax undisclosed income which is found during course of search or pursuant to search or requisition; therefore, only in a case where undisclosed income is found on basis of incriminating material, Assessing Officer would assume the jurisdiction to assess or reassess total income

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

149, is not in accordance with law and consequent order\npassed deserves to be held void ab initio.\n1.2 That, the ld. CIT(A) has further erred in holding the proceedings u/s 148 as\nvalid when the notice issued is itself bad in law and suffers from various\ndefects. Hence the order so passed deserves to be held

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SARITA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR , JAIPUR vs. USHA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SUBHASH CHANDRA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SARITA DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. TRILOK DEWAN, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VIPUL BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. USHA BANKA, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. ANIMESH AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\nHe also based

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SNEHLATA AGARWAL, SIKAR

In the result, the appeals of the revenue in ITA No

purchase receipts\n3. Sale bill cum contract note (Annexure A/5)\n4. Copy of Demat Account\n5. Copy of Bank Account showing the sale receipts\n6. Copy of Return of Income for AY 2016-17 where assessee has\ndeclared income of Rs.45,14,780/- under the head LTCG exempt\nunder section 10(38) of the Act. (Annexure A/1)\n\nHe also

SH. MUKUT BEHARI AGARWAL,JAIPUR vs. THE DCIT, CIRCLE 1, JAIPUR

In the result, the appeals of the assessee is allowed as indicated hereinabove

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

149 and or which may be available under the Finance Act, 2021 and in law and whatever rights are available to the Assessing Officer under the Finance Act. 2021 are kept open and/or shall continue to be available’’ The ld. AR thus submitted that reopening of assessment in present case is barred by limitation and reassessment order so passed deserves