DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

reassessment that stood abated shall stand revived. 10. Thus on a plain reading of Section 153A of the income-tax Act, it becomes clear that on initiation of proceedings under Section 153A, it is only the assessment/reassessment proceedings that are pending on the date of conducting search under Section 132 or making requisition under Section 132A of the Act stand

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

reassessment that stood abated shall stand revived. 10. Thus on a plain reading of Section 153A of the income-tax Act, it becomes clear that on initiation of proceedings under Section 153A, it is only the assessment/reassessment proceedings that are pending on the date of conducting search under Section 132 or making requisition under Section 132A of the Act stand

DCIT, CC-2, JAIPUR vs. M/S. ROYAL JEWELLERS, JAIPUR

In the result, appeals of the revenue stands dismissed

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

reassessment that stood abated shall stand revived. 10. Thus on a plain reading of Section 153A of the income-tax Act, it becomes clear that on initiation of proceedings under Section 153A, it is only the assessment/reassessment proceedings that are pending on the date of conducting search under Section 132 or making requisition under Section 132A of the Act stand

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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)

10 assessment years immediately preceding the assessment year in which search took place and the broken period of up to the date of search was also included in the block period. After the introduction of new sections, i.e. section 153A to 153C, the single block assessment concept was done way with the new scheme of assessment of search cases where

SH. KAPIL TANEJA,JAIPUR vs. THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

10. Copy of Reply dated 30.01.2023 to notice issued u/s 143(2) read with 61-63 11. section 147 Copy of draft Assessment order dated 02.05.2023 64-68 12. Copy of Written Submission dated 13.01.2025 in filed before Ld.CIT(A) 69-74 13. 7. The ld. AR of the assessee in addition to the above written submission so filed vehemently

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

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment proceedings under Section 147/148 of the Act—by invoking Section 150 and relying on CBDT Instruction No. 1/2023— is ex-facie without jurisdiction, contrary to binding judicial precedent, and violative of the appellate framework under Sections 250/251 of the Act. 4. It is therefore humbly prayed that this Hon’ble Tribunal, in exercise of its plenary powers under Section

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

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment proceedings under Section 147/148 of the Act—by invoking Section 150 and relying on CBDT Instruction No. 1/2023— is ex-facie without jurisdiction, contrary to binding judicial precedent, and violative of the appellate framework under Sections 250/251 of the Act. 4. It is therefore humbly prayed that this Hon’ble Tribunal, in exercise of its plenary powers under Section

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

reassessment under Sections 139,147,148,149,151 & 153. " In view of the above discussion, the assessment completed u/s 144 deserves to be quashed. The order of the Learned CIT(A) also deserved to be quashed on this ground. Additional Ground No.2 On the facts and in the circumstances of the case and in law, the Learned

LATE SHRI JITENDRA NAGAR THROUGH HIS L/R SMT. DEEPIKA NAGAR,BARAN vs. INCOME TAX OFFICER WARD BARAN, BARAN

In the result, appeal of the assessee is allowed

Bench: The Date Of Hearing.”

10. ACIT v. Manish Financials 2024 (12) TMI 1539 (ITAT 85-90 Mumbai) NOTICE NOT ISSUED WITHIN SURVIVING TIME PERIOD AS PER RAJEEV BANSAL 11. Pratishtha Garg v. ACIT 2025 (4) TMI 295 (Delhi High 91-93 Court) 12. ITO v. Sumitra Rajeshbhai Jain 2025 (3) TMI 454 (ITAT 94-100 Mumbai) GD Mother Educational Society v. PCIT

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

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

reassessment proceedings under Section\n147/148 of the Act—by invoking Section 150 and relying on CBDT Instruction No. 1/2023—\nis ex-facie without jurisdiction, contrary to binding judicial precedent, and violative of the\nappellate framework under Sections 250/251 of the Act.\n4. It is therefore humbly prayed that this Hon'ble Tribunal, in exercise of its plenary powers\nunder Section

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also

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

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

12 months. Transaction was made through SEBI\nregistered broker. The broker issued bills of sale to the assessee. The\nshares were sold on the prices of Bombay Stock Exchange Limited of the\nparticular date & particular time. The assessee paid security transaction\ntax, service tax, etc, and thereby the assessee justify his claim u/s 10 (38)\nof the Act. He also