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

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

reopened for assessment and assessment under section 143(3)of the Income-tax Act, 1961 (hereinafter referred to as the Act) was framed vide order dated 21.01.2015. 6 ITA No. 253/JP/2015 along with 13 other appeals. M/s Rajasthan State Mines & Minerals Ltd. While framing the assessment, the Assessing Officer disallowed

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)

disallowing a loss of Rs. 5,67,147/- on account of alleged benefit from CCM taken by the assesse-appellant in share trading business and in adding the same in the income of assesse-appellant company. Ground No.3 That on the law and in the facts and circumstances of the case, the Ld AO grossly erred in adding

NARESH KUMAR ARORA,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR

In the result, the appeal of the assessee is allowed

disallowance of LTCG claimed of Rs.5,15,24,365/- as exmpt u/s 10 (38) is upheld.’’ 2.3 During the course of hearing, the ld. AR of the assessee prayed that notice issued u/s 148 of the Act dated 26-09-2016 is not valid to reopen the assessment

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.”

disallowances on account of various expenses, therefore, after completing the assessment U/s 143(3) of the Act the reopening of the assessment

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.”

disallowances on account of various expenses, therefore, after completing the assessment U/s 143(3) of the Act the reopening of the assessment

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

reopened the assessment by issuing a notice U/s 148 of the Act on 31/3/2016. The Assessing Officer completed the assessment U/s 143(3) read with Section 147 of the Act on 22/12/2016 and disallowed

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

reopened the assessment by issuing a notice U/s 148 of the Act on 31/3/2016. The Assessing Officer completed the assessment U/s 143(3) read with Section 147 of the Act on 22/12/2016 and disallowed

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