ACIT, JAIPUR vs. UDAI BUILDHOME PVT LTD, JAIPUR

In the result, all the appeals of the revenue are dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं. / ITA Nos.1399, 1400, 1401 & 1486/JP/2024 निर्धारण वर्ष / Assessment Years : 2014-15, 2015-16, 2017-18 & 2018-19 Asstt. Commissioner of Income बनाम M/s Udai Buildhome Pvt. Tax, Vs. Ltd. 302, Golden Sunrise Central Circle-02, Jaipur Apartment, Lajpat Marg, C- Scheme, Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AABCU 5068 J अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee

section 153C of the Act. Thus, in the absence of satisfaction as mandated u/s 153C of the Act, the very initiation of proceedings u/s 153C of the Income Tax Act becomes illegal, bad in law and without jurisdiction. Not only that the while going through the satisfaction note we note that it does not deal with incriminating material belonging

ACIT, JAIPUR vs. UDAI BUILDHOME PVT LTD, JAIPUR

section\n153C of the Act so as to force the humble appellant to undergo the rigors of\nSection 153C of the Income Tax Act.\nThe Assessing Officer has not recorded satisfaction in respect of each of the\n assessment years before issuing notice u/s 153C of the Income Tax Act relating\nseized Books of accounts or documents to each assessment

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

House Pvt. Ltd. Vs ITO, Ward-16(1), ITA 2231 to 2233/Del/2022 dated 16.06.2023 held as under: “13. In the recent judgment in the case of PCIT vs. Abhisar Buildwell Pvt. Ltd. (supra) their Lordship held that in case during the search no incriminating material is found, in case of completed/unabated assessment, the only remedy available to the Revenue would

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

property being land or building or both, shares and securities, loans and advances, deposits in bank account. (2) If any proceeding initiated or any order of assessment or reassessment made under sub-section (1) has been annulled in appeal or any other legal proceeding, then, notwithstanding anything contained in sub-section (1) or section 153, the assessment or reassessment relating

DCIT, CENTRAL CIRCLE-2, JAIPUR, JAIPUR vs. KAMLAPRABHA L/H OF LATE SHRI GOPAL LAL JI GOSWAMI, KOTA

In the result, the appeal of the revenue is dismissed and the Cross objection of the assessee is disposed off in terms of the observation made herein above

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

section 153C of the Act. In view of the above discussion, all the objections raised by the assessee has been disposed of accordingly, following the kind directions as mentioned in the order of the Hon'ble High Court vide order dated 09.11.2022 and therefore, the objections as raised by the assessee are of no means, only the assessee is trying

MACRO PROPRIETIES PRIVATE LIMITED,M 28 INCOME TAX COLONY TONK ROAD JAIPUR vs. DCIT CENTRAL CIRCLE 2, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM vk;djvihy la-@ITA No.174 TO 177/JP/2023 fu/kZkj.ko"kZ@AssessmentYear : 2013-14 TO 2016-17 M/s. Macro Properties Pvt. Ltd.M-28, Income Tax Colony, Tonk Road Jaipur cuke Vs. The DCIT Central Circle-2 LIC Building, Jaipur LFkk;hys[kk la-@thvkbZvkj la-@PAN/GIR No.: AAFCM 3633 D vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby : Shri C.M. Agarwal, CA jktLo dh vksjls@Revenue by: Shri JameshKurian, CI

Section 153C of the Act. This Ground of Appeal is rejected. 6. The Ground of Appeal No. 2 to 2.4 are inter related hence they are clubbed together for adjudication and is with respect to the addition on a/c of unexplained 14 MACRO PROPERTIES PVT LTD. VS DCIT, CENTRAL CIRCLE-2, JAIPUR investment in immovable property

JUHI BHANDARI, JAIPUR,JAIPUR vs. DCIT CIRCLE (INTL TAX), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

House Property of Long Term Capital Gains earned by an\nassessee and the payments from the bank is duly verified by the bankers before\npayment as it can be paid to limited persons only. The DRP has only done lip-\nservice and has proposed addition just for the sake of making additions and\nsomehow to bring the escaped income

BABU LAL SHARMA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, appeal of the assessee is allowed

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

properties from the Income Tax Department:- 1. Shri Bheru Ram 2. Shri Khema Ram Choudhary 3. Shri Ram Prakash Sharma 4. M/s. Harshita Construction 5. Shri Lal Chand Sharma A copy of his current bank account along with confirmation letters/affidavits of the above said persons who are agriculturists and the amount was received by them from the Government of India

PRAMILA AGARWAL,JAIPUR vs. THE INCOME TAX OFFICER WARD-2(5), JAIPUR

In the result, the appeal of the assessee is allowed

house property, business capital gains and other sources. Return of income for\nthe year under appeal was filed u/s 139(1) on 31.03.2012 declaring the total income at\nRs.2,29,200/- (APB 1-3). The assessment was completed u/s 143(3)/ 147 of the Act\nat the total income of Rs.1,48,63,860/-, wherein addition of Rs.1

INCOME-TAX OFFICER, WARD-1(4), JAIPUR, JAIPUR vs. SHRI PRADEEP KUMAR DUSAD, JAIPUR

In the result the appeal of the assessee is allowed and that\nrevenue stands dismissed

153C\n\nITA No. 1149 & 1192/JPR/2024\nShri Pradeep Kumar Dusad\n32\nstatement of Shri Pradeep Kumar Dusad. The learned CIT(A) has reduced the\nsame to Rs 42,21,115/-. The learned AO had made the additions under section\n68 of the receipt of on money of Rs, 1,48,20,000/- on sale of land by the\nassessee

PRADEEP KUMAR DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE 2, JAIPUR

In the result the appeal of the assessee is allowed and that\nrevenue stands dismissed

properties and Containers through\nproprietor shri Chandra Mohan Badaya and M/s Fortune Real Estate\nthrough partner Shri Chandra Mohan Badaya. . It is submitted that the\namount mentioned in this para is duly accounted for in the regular\nbooks of accounts of M/s Eminent Build Developers where the\nassesseeshri Pradeep kumarDusad is partner. Further there is no\nmurmur of his satisfaction

ACIT, JAIPUR vs. M/S UDAI BUILDHOME PVT LTD., JAIPUR

In the result, all the appeals of the revenue are dismissed

section\n153C of the Act so as to force the humble appellant to undergo the rigors of\nSection 153C of the Income Tax Act.\nThe Assessing Officer has not recorded satisfaction in respect of each of the\n assessment years before issuing notice u/s 153C of the Income Tax Act relating\nseized Books of accounts or documents to each assessment

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC -2 JAIPUR , LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 153C of the Income Tax Act. 6. The Assessing Officer has not recorded satisfaction in respect of each of the assessment years before issuing notice u/s 153C of the Income Tax Act relating seized Books of accounts or documents to each assessment year separately. M/s. Macro Township Pvt. Ltd., Jaipur. 7. The Assessing Officer has not recorded satisfaction about

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC-2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 153C of the Income Tax Act. 6. The Assessing Officer has not recorded satisfaction in respect of each of the assessment years before issuing notice u/s 153C of the Income Tax Act relating seized Books of accounts or documents to each assessment year separately. M/s. Macro Township Pvt. Ltd., Jaipur. 7. The Assessing Officer has not recorded satisfaction about

MACRO TOWNSHIP PVT LTD,288-289 MAHAVEER NAGAR DURGAPURA JAIPUR vs. DCIT CC -2 JAIPUR, LIC BUILDING JAIPUR

In the result, the appeals of the assessee are allowed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

Section 153C of the Income Tax Act. 6. The Assessing Officer has not recorded satisfaction in respect of each of the assessment years before issuing notice u/s 153C of the Income Tax Act relating seized Books of accounts or documents to each assessment year separately. M/s. Macro Township Pvt. Ltd., Jaipur. 7. The Assessing Officer has not recorded satisfaction about

BABU LAL SHARMA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

153C of the IT Act, 1961 in case of the appellant in as much as no\nincriminating documents pertaining to the appellants was found and / or\nseized during the course of search of Sh. Raju Sharma. The consequent\nassessment made by the Id. AO is, therefore, wrong and bad in law.\nWe first take up the appeal

SMT. REEMA HARISH BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

Housing Development Co. vs. DCIT, 49 taxmann.com 98 (Kar.) He has further pointed out that the SLP filed by the department in case of PCIT vs. Best Infrastructure (India) Pvt. Ltd., 94 taxmann.com 115 (SC) has been admitted and, therefore, the decision of Hon’ble Delhi High Court has not attained finality. Thus the ld. D/R has submitted that

SMT. REEMA HARISH BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX. CENTRAL CIRCLE, KOTA

Housing Development Co. vs. DCIT, 49 taxmann.com 98 (Kar.) He has further pointed out that the SLP filed by the department in case of PCIT vs. Best Infrastructure (India) Pvt. Ltd., 94 taxmann.com 115 (SC) has been admitted and, therefore, the decision of Hon’ble Delhi High Court has not attained finality. Thus the ld. D/R has submitted that