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)

disallowance of expenses or unrecorded expenses is not covered by the term ‘assets’ as defined explanation to section 149 of the Act as the explanation

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149\ntaxmann.com 399 (SC) ]. The apex court in this case held that ;\n12. If the submission on behalf of the Revenue that in case of search even where\nno incriminating material is found during the course of search, even in case of\nunabated/completed assessment, the AO can assess or reassess the income/total\nincome taking into consideration the other material

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

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

149 taxmann.com 399 (SC),\nmore particularly, paragraphs 11 and 13, has prayed to observe that the Revenue may\nbe permitted to initiate re-assessment proceedings under section 147/148 of the Act as in\nthe aforesaid decision, the powers of the re-assessment of the Revenue even in case of\nthe block assessment under section 153-A of the Act have

GCK STOCK PRIVATE LIMITED,JAIPUR vs. ITO WD 1(4), JAIPUR, JAIPUR

In the result, the appeal of the assessee is partly allowed\nOrder pronounced in the open court on 06/05/2025

149(1)(b), 151 Art. 226]. The Petitioner challenged the show\ncause notice under section 148A(b) of the Act, order under section 148A(d) of the\nAct and the notice under section 148 of the Act on the ground that there was total\nnon-application of mind by the superior authorities in granting the approval before\nissuance

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 of the Act. Thus, the reassessment proceedings initiated is time barred and entire proceedings are void ab initio. 1.3. Without prejudice to above, the Ld. CIT(A) has further erred in confirming the action of Id. AO in reopening the assessment already completed u/s 143(3) r.w.s.153A whereas, in the reasons recorded for reopening, there is no allegation whatsoever

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)

disallowance and deleting the said addition of Rs.63,95,407. 4. In the facts and circumstances of the case and in law the ld. CIT(A) has erred in confirming the action of Id. AO of making addition of Rs. 4,24,14,300 u/s 69. The action of the ld. CIT (A) is illegal, unjustified and arbitrary and against

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

The appeal stands allowed

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

disallowed the said amount u/s 37(1) as inadmissible expenditure. The action of the AO to invoke section 69A is not sustainable as the said expenditure has been incurred in the course of the business of the appellant. Accordingly ground no. 04 & 08 raised by the appellant are hereby partly allowed. 9. In the result, the appeal filed

M/S VIJAYETA BUILDCON PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, the ground of the assessee’s appeal is allowed

149 has also been made inapplicable by the non obstante clause. Section 151 which requires sanction to be obtained by the Assessing Officer by issue of notice to reopen the assessment under Section 148 has also been excluded in a case covered by Section 153A. The time-limit prescribed for completion of an assessment or reassessment by Section