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

depreciation allowance or any other allowance, as the case may be for the concerned assessment year. However, where an assessment under sub-section (3) of section 143 has been made for relevant assessment year, no action can be taken under section 147 after the expiry of four years from the end of the relevant assessment year, unless any income chargeable

ANUSHA FINVEST PVT LTD ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, JAIPUR

In the result, the appeal of the assessee is allowed

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

assesse-appellant company. 2.1. During the relevant year, the assessee-appellant reported a significant loss amounting to Rs. 27,63,3541, coupled with unabsorbed depreciation of Rs. 2,35,053 in their original return filed on 16.09.2010. Upon reviewing their income return for AY 2017-18, it is evident that the loss is still being carried forward, with no apparent

BRAND INDIA REAL ESTATE PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER WARD 6(1), JAIPUR

In the result, appeal of the assessee is allowed

depreciation on CPP was\nallowed by the AO while framing the assessment under Section 143(3) after conscious\nconsideration of the material on record. It is not even the case of the Revenue that the formation\nof the belief regarding the escapement of the assessment by the AO is based on any new material\ncoming on record. Apparently, the formation

DCIT, CC-2, JAIPUR vs. SHRI VIMAL CHAND SURANA(HUF), JAIPUR

In the result, the appeal of the revenue stands dismissed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

depreciation were claimed, there was no failure on the part of the assessee and if at all there was any failure, according to the Commissioner of Income-tax (Appeals), it was on the part of the Assessing Officer, who made the original assessment without going behind the nature of the transactions accepting the details furnished by the assessee. The Tribunal

SHRI JITENDRA KUMAR GUPTA,BHARATPUR vs. INCOME TAX OFFICER, WARD-2, BHARATPUR

In the result, the appeals for the assessment year 2011-12 is dismissed and for the assessment year 2012-13 is allowed

Bench: Or During The Course Of Hearing.”

reopen, provided there is 'tangible material' to come to conclusion that there is escapement of income from assessment. Under the Direct Tax Laws (Amendment) Act, 1987, the Parliament not only deleted the words 'reason to believe', the Parliament reintroduced the said expression and deleted the word 'opinion' on the ground that it would vest arbitrary powers in the Assessing Officer

SHRI JITENDRA KUMAR GUPTA,BHARATPUR vs. INCOME TAX OFFICER, WARD-2, BHARATPUR

In the result, the appeals for the assessment year 2011-12 is dismissed and for the assessment year 2012-13 is allowed

Bench: Or During The Course Of Hearing.”

reopen, provided there is 'tangible material' to come to conclusion that there is escapement of income from assessment. Under the Direct Tax Laws (Amendment) Act, 1987, the Parliament not only deleted the words 'reason to believe', the Parliament reintroduced the said expression and deleted the word 'opinion' on the ground that it would vest arbitrary powers in the Assessing Officer

SHRI MADHO LAL SAINI,JAIPUR vs. ITO, WARD-2(3), JAIPUR

In the result, the appeals of the assessees are allowed

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

depreciation were claimed, there was no failure on the part of the assessee and if at all there was any failure, according to the Commissioner of Income-tax (Appeals), it was on the part of the Assessing Officer, who made the original assessment without going behind the nature of the transactions accepting the details furnished by the assessee. The Tribunal

ACIT, KOTA vs. MANGALAM CEMENT LTD., KOTA

reopen the assessment. Therefore, the initiation of reassessment proceedings was void ab initio. 8. The ld AR further submitted that the AO while framing assessment u/s 143(3)/147, disallowed the assessee’s claim of additional depreciation

M/S RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is allowed

reopening of the assessment under section 147/148 of the IT Act. 2. The assessee is a State Government Undertaking and engaged in generation of power. The assessee filed its return of income for the year under consideration on 29.10.2005 declaring total income at NIL. Scrutiny assessment under section 143(3) was completed on 14.06.2007 by making various additions

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)

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year) Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

M/S ANGEL INFRASTRUCTURE (P) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is partly allowed and the

reopening without application of mind:- The ld. counsel for the assessee has submitted that the ld. Pr.CIT has granted approval in mechanical manner without application of mind. Even the assessment record was not produced before the approving authority as it was also not available with the Assessing Officer at the time of recording the reasons due to change of jurisdiction

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, JAIPUR vs. M/S. ANGEL INFRASTRUCTURE PRIVATE LIMITED, JAIPUR

In the result, appeal of the assessee is partly allowed and the

reopening without application of mind:- The ld. counsel for the assessee has submitted that the ld. Pr.CIT has granted approval in mechanical manner without application of mind. Even the assessment record was not produced before the approving authority as it was also not available with the Assessing Officer at the time of recording the reasons due to change of jurisdiction

SYLVAN GREENS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6, JAIPUR

In the result, the appeal of the assessee is allowed

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

depreciation of Rs.10,77,958/-. The assessee was required to subtract the subsidy amount from the assets to ascertain the WDV assets. Accordingly, the assessment was reopened

RAJASTHAN STATE MINES & MINERALS LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, appeal of the Revenue is partly allowed for statistical purpose

reopened on the basis that the assessee had claimed deduction amounting of Rs. 1,00,25,871/- as Amortization of Mining land and Amortization on Leasehold land in the computation of the total income. It was observed by the Assessing Officer that land is not depreciable

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

reopening of the assessment then the A.O. has no power to invoke provisions of Section 147 of the Act after expiry of four years from the end of the assessment year. The Coordinate Bench of 10 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT this Tribunal in the case of M/s Zari Sild India Pvt. Ltd. Vs DCIT

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

reopening of the assessment then the A.O. has no power to invoke provisions of Section 147 of the Act after expiry of four years from the end of the assessment year. The Coordinate Bench of 10 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT this Tribunal in the case of M/s Zari Sild India Pvt. Ltd. Vs DCIT

M/S. VAIBHAV GLOBAL (GEMS) LTD.,JAIPUR vs. ACIT, CIRCLE-5, JAIPUR

In the result, appeals for the A

reopening of the assessment then the A.O. has no power to invoke provisions of Section 147 of the Act after expiry of four years from the end of the assessment year. The Coordinate Bench of 10 ITA 1346 to 1348/JP/2019_ M/s Vaibhav Global Ltd. Vs ACIT this Tribunal in the case of M/s Zari Sild India Pvt. Ltd. Vs DCIT

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

depreciation allowance or any other allowance, as the\ncase may be, for the assessment year concerned (hereafter in this section and in sections 148 to\n153 referred to as the relevant assessment year).\n\n5\n\nITA No. 1393/JPR/2024\nShri Dinesh Kumar Sharma, Jaipur.\n\n2.2 The expression 'believe" in section 147 requires an objective satisfaction based on definite\nmaterial