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)

reassessment, because of the non abstante clause begins with the said sections. The language used in these sections, i.e. 'notwithstanding anything contained' in section 139, section 147

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)

reassessment, the AO identified unexplained share application ₹90,00,385/- money amounting to under Section 68 of the Act. 4.2. Furthermore, commission expenditure of ₹3,25,010/- was deemed unexplained under Section 69C, corroborating the non-genuine nature of the transactions. Prayer: It is submitted that the reopening under Section 147

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

sections 147 and 148.\n\n27. Consequently, the writ petition is allowed. The impugned reassessment\nnotice issued under section 148 and further

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

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

reassessment, the AO identified unexplained share application\nmoney amounting to ₹90,00,385/- under Section 68 of the Act.\n4. 2. Furthermore, commission expenditure of ₹3,25,010/- was deemed\nunexplained under Section 69C, corroborating the non-genuine nature of the\ntransactions.\nPrayer:\nIt is submitted that the reopening under Section 147

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

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

reassessment, the AO identified unexplained share application\nmoney amounting to ₹90,00,385/- under Section 68 of the Act.\n\n4. 2. Furthermore, commission expenditure of ₹3,25,010/- was deemed\nunexplained under Section 69C, corroborating the non-genuine nature of the\ntransactions.\n\nPrayer:\n\nIt is submitted that the reopening under Section 147

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

reassessment, the AO identified unexplained share application\nmoney amounting to ₹90,00,385/- under Section 68 of the Act.\n4. 2. Furthermore, commission expenditure of ₹3,25,010/- was deemed\nunexplained under Section 69C, corroborating the non-genuine nature of the\ntransactions.\nPrayer:\nIt is submitted that the reopening under Section 147

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

reassessment made in respect of an assessment year under this section, the tax shall be chargeable at the rate or rates as applicable to such assessment year. Assessment of income of any other person. 153C. (1) Notwithstanding anything contained in section 139, section 147

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)

reassessment under section 153C follows lines pari material with section 153A.” Further assessee places reliance on the decision of Bombay High Court in the case of M/s Aditi Constructions vs. Deputy Commissioner of Income Tax, WP no. 783/2016, wherein it was held “9. We find that the jurisdictional conditions for invoking section 147

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

reassessment or recomputation under sub-section (3) of section 143 or under section 144 or under section 147, as the case

ASHOK SHARMA,KOTA vs. DY. COMMISSIONER OF INCOME TAX CIRCLE-2 - KOTA, KOTA

section 147, as it stood for\nthe relevant assessment year under consideration is as reproduced below:\n“Income escaping assessment.\nSection 147. If the Assessing Officer has reason to believe that any income chargeable to\ntax has escaped assessment for any assessment year, he may, subject to the provisions of\nsections 148 to 153, assess or reassess

SHRI SALASAR BALAJI DEVELOPERS PVT. LTD,JAIPUR vs. INCOME TAX OFFICER, WARD 2(2), JAIPUR

In the result, the appeal of the assessee is allowed

section 147 is the formation of\na reason to believe by the Assessing Officer that any income chargeable to tax has escaped\nassessment. Upon the formation of a reason to believe, the Assessing Officer, before making the\nassessment, reassessment

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassess total income of such other person of such assessment year in the manner provided in section 153A.” 4. Section 153C of the Act begins with a non-obstante clause and overrides sections 139, 147

RAM KHILARI MEENA,DAUSA vs. ITO, DAUSA, DAUSA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

147 of the Act held that the Assessing Officer is empowered to make additions even on the ground on which reassessment notice might not have been issued where during the reassessment proceedings, he concludes that some other income has escaped assessment which comes to his notice during the course of the proceedings for reassessment under section

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

147 was not based on change of opinion. The\nhead notes of the decision is read as under-\n\"Section 115JB, read with section 148, of the Income-tax Act, 1961-Minimum alternate tax\nPayment of (Reassessment

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)

section 147/148 of the Act are not applicable in such cases. No contrary decision has been brought to our notice. Accordingly, we hold that initiation of proceedings u/s 147/148 by the AO to reassess the income is illegal being without jurisdiction and consequently the reassessment order passed u/s 147

DCIT, CENTRAL CIRCLE-2, JAIPUR vs. SHRI PRAKASH CHAND KOTHARI, JAIPUR

In the result, appeal of the assessee is allowed

reassessment proceedings have been based on the information received from DCIT, Central Circle-03, Jaipur during the course of search u/s 132, the Assessing Officer should have taken recourse to section 153C and not section 147

SHRI PRAKASH CHAND KOTHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

reassessment proceedings have been based on the information received from DCIT, Central Circle-03, Jaipur during the course of search u/s 132, the Assessing Officer should have taken recourse to section 153C and not section 147

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

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

reassessment proceeding. Even otherwise the apex court has also\nwhile dealing with the provision of section 147/148 of the Act in the case of\nParashuram Pottery Works Co. Ltd Vs ITO [1977] 106 ITR 1 held that;\n\n\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

SMT. SHEELA YOGI,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, ground no. 3 & 4 of the assessee’s appeal are allowed

Bench: Him Under Rule 46A Of The Income Tax Act, 1962. 2(I) On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act.

reassess "any other income chargeable to tax which has escaped assessment and which may come to his notice subsequently in the course of proceedings under section 147