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)

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, 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

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

1) thereof mandates\r\nservice of notice to the assessee before the AO proceeds to assess, reassess\r\nor recomputed escaped income. Sec. 147 mandates recording of reasons to\r\nbelieve by the AO that the income chargeable to tax has escaped assessment.\r\nAll these conditions are required to be fulfilled to assess or reassess the\r\nescaped income

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. PRIYA DEWAN, 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"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. VIPUL BANKA, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SARITA DEWAN, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SARITA DEWAN, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. TRILOK DEWAN, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. SUBHASH CHANDRA BANKA, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR , JAIPUR vs. USHA BANKA, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. USHA BANKA, 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation under section 147

DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR vs. ANIMESH 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\"According to section 148 of the Act of 1961, before making the assessment,\nreassessment or recomputation 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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment under Section 147 of the Act ignoring that the AO’s reason to believe was founded on information received after the completion of assessment, which is a sound basis for exercising powers under Section 147 read with Section 148? Submission: 1

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

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

In the result, appeal of the assessee is allowed

1-4-1989. Explanation 3 to Section 147 as applicable at the material time reads as under\n\"Explanation 3. For the purpose of assessment or reassessment

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.”

section 151(new regime). Consequently, the assessment u/s 147 r.w.s. 144 r.w.s. 144B of the Act dated 24.03.2023, stands quashed. 3.5 Hon’ble ITAT, Mumbai Bench in the case of ACIT v. Surya Ferrous Alloys Pvt. Ltd. [2025] 1 TMI 326 after considering the aforesaidjudgment of Hon’ble Supreme Court in Rajeev Bansal (supra) has held: Validity of reassessment

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)

147, 148 and 149 of the Act from the corresponding section 34 of the 1922 Act, the legal requirement of service of notice upon the assessee in terms of section 148 read with section 282(1) and section 153(2) of the Act is a jurisdictional precondition to finalising the reassessment