GOYAL VEGOILS LIMITED ,KASAR ,KOTA vs. DCIT , CIRCLE -2, KOTA

In the result ground no. 2 & 3 raised by the assessee

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reopening of the case of the assessee as per provision of section 147 of the Act. As the issue under consideration were never examined by the AO during the course of regular assessment / reassessment carried out, for these reasons the ld. AO noted that it is not a case of change of opinion by the ld. AO. Since there

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)

reopening notice under section 148 or even for passing assessment or reassessment order and it is only FAO which could issue notice under section 148 and not JAO - Held, yes [Paras 35 and 36] [In favour of assessee] 17 Raghav Commodities vs. ITO Section 148, read with section 148A, of the Income-tax Act, 1961 - Income escaping assessment - Issue

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)

disallowances. In this case, it is noted that assessment has been reopened on the basis of information received by AO from

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)

reopening the case u/s 147. The action of Id. CIT (A) is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment proceedings. 2. In the facts and circumstances of the case and in law Id. AO has erred in re- opening the case of the assessee by issuing notice under

PRADEEP KUMAR,JHUJHUNU vs. ITO WARD -2, JHUJHUNU

In the result, appeal of the assessee is allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

reopened—Held, a plain reading of reasons recorded Assessing Officer has reason to believe that income of assessee has escaped assessment in respect of cash deposits of Rs.68,68,705/- as they were remained unexplained—However, while completing assessment Assessing Officer disallowed

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)

assessment record and found to be correct as the assessee has taken unsecured loan of (i) Rs. 90,00,385/- from M/s Agarani Credit and Finvest Pvt Ltd, M/s Darshan Enclave Pvt Ltd, M/s Harsharatna Finance & Investment Pvt Ltd, M/s Shareen Hire Purchase Pvt Ltd (ii) Rs. 25,00,000/- from M/s Sansakar Business Pvt Ltd, M/s Zenstar Business Solutions

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

Reopening is valid even when the profit was estimated in the original\nassessment\nThe appellant argued that in the original assessment competed by way of\nestimating profit, hence no additions warranted on the issue of deemed dividend.\nThe argument of the appellant are not found to be acceptable. The estimated net\nprofit addition is made considering the claims made

ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

reopened and notice u/s148 was issued after taking due approval of the competent authority. Since neither the assessee has filed ROI nor submitted any reply income is assessed on the basis of information available on record. Since the Society is not eligible for exemption u/s 11 of the Act, its income shall be assessed taking the assessee as a commercial

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reopened as well\ncompleted without independent application of mind, which is not in accordance\nwith law and order passed u/s 147 deserves to be quashed.\n6. Completion of re assessment proceedings without disposing off\nobjections raised by assessee:\nIn this regard, it is submitted that that once assessee raises objections against\nreopening, assessee officer is bound to first dispose

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reopened as well\ncompleted without independent application of mind, which is not in accordance\nwith law and order passed u/s 147 deserves to be quashed.\n6. Completion of re assessment proceedings without disposing off\nobjections raised by assessee:\nIn this regard, it is submitted that once assessee raises objections against\nreopening, assessee officer is bound to first dispose off such

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reopened as well\ncompleted without independent application of mind, which is not in accordance\nwith law and order passed u/s 147 deserves to be quashed.\n6. Completion of re assessment proceedings without disposing off\nobjections raised by assessee:\nIn this regard, it is submitted that that once assessee raises objections against\nreopening, assessee officer is bound to first dispose

ACIT, NCR BUILDING, JAIPUR vs. HANS RAJ AGARWAL, VIDHYADHAR NAGAR JAIPUR

39. In view of the above discussion and findings, memorandum of cross objections No 1/JP/2025 filed by the assessee is allowed

Bench: SHRI GAGAN GOYAL (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

reopen the assessment to change that erroneous conclusion once reached at 3. Assistant Commissioner of Income-tax Vs. Infinity.com Financial Securities Ltd. [2022] 145 taxmann.com 212(SC) Dated OCTOBER 17, 2022 SLP dismissed against High Court order that where during assessment proceedings assessee-company had furnished material related to alleged purchase and sale of shares and capital gain/foss made therein

RAMA SHANKER PAREEK,JAIPUR vs. INCOME TAX OFFICER, WARD NO. 7(2), JAIPUR

In the result, appeal of the assessee is allowed

reopened-Held, a plain reading of reasons recorded Assessing\nOfficer has reason to believe that income of assessee has escaped assessment in\nrespect of cash deposits of Rs.68,68,705/- as they were remained unexplained—\nHowever, while completing assessment Assessing Officer disallowed

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reopened as well\ncompleted without independent application of mind, which is not in accordance\nwith law and order passed u/s 147 deserves to be quashed.\n6. Completion of re assessment proceedings without disposing off\nobjections raised by assessee:\nIn this regard, it is submitted that once assessee raises objections against\nreopening, assessee officer is bound to first dispose off such

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMSSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

reopened as well\ncompleted without independent application of mind, which is not in accordance\nwith law and order passed u/s 147 deserves to be quashed.\n6. Completion of re assessment proceedings without disposing off\nobjections raised by assessee:\nIn this regard, it is submitted that that once assessee raises objections against\nreopening, assessee officer is bound to first dispose

MUKESH JAIN HUF,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is allowed

reopening of assessment without establishing a nexus between the\nmaterial in his possession and the belief, and therefore, the impugned\nreassessment order deserves to be quashed.\n\nWithout prejudice to the legal grounds at Sl. No. 1 to 1.3 above, on merits:\n\n2.\nOn the facts and in the circumstances of the case, the Ld. CIT(A) has\ngrossly

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)

reopening of assessment and issue of notice u/s 148. 5. (a) The Id CIT(Appeals) erred in law and on facts in confirming the disallowance

MAYA KUMARI,JAIPUR vs. ITO WARD 2(2), JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed

reopened—Held, a plain reading\nof reasons recorded Assessing Officer has reason to believe that income of assessee has\nescaped assessment in respect of cash deposits of Rs.68,68,705/- as they were remained\nunexplained-However, while completing assessment Assessing Officer disallowed