RAMAKANT SHARMA,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 264/Jp/2017 Assessment Year: 2007-08 Shri Ramakant Sharma, Cuke I.T.O., Vs. S/O- Shri Ramesh Chand Sharma, 1 Ward-3(5), Vimal Kunaj, Vidyut Nagar, Behind Jaipur. Bharat Petrol Pump, Jaipur. Pan No.: Bjrps 5130 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vedant Agarwal (Adv) & Shri Satish Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 26/11/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 05/12/2016 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. 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. 2. On The Facts & Circumstances Of The Case & In Law Also Ld. A.O. Grossly Erred In Resuming Jurisdiction Without Serving Notice U/S 148 On The Appellant Assessee As Notice Issued U/S 148 Was Not Served On The Appellant.

Section 292BB not applicable- Reassessment not valid- Income Tax Act, 1961, ss. 143,147,292BB 336 ITR 678 - CIT V/s Rajeev Sharma (Allahabad) (Case laws Paper book pages 62-68) Reassessment - Procedure - Return in response to Notice u/s 148 - Assessing Officer (8 of 13) [ITA-197/2018] must apply his mind and issue Notice u/s 143(2) - Procedure must

SHRI RAI SINGH SIHAG,JAIPUR vs. INCOME TAX OFFICER, WARD-3-1, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 441/Jp/2019 Assessment Year: 2007-08 Shri Rai Singh Sihag, Cuke I.T.O. Vs. B-105, Vaishali Nagar, Ward- 3(1), Jaipur. Jaipur. Pan No.: Bgvps 4485 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta & Shri S.L. Jain (Advs.) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 13/07/2017 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. The Reasons For Reopening Of The Assessment Not Valid :- That On The Facts & In The Circumstances Of The Case Ld. Ao Has Grossly Erred In Law & Facts In Invoking Action U/S 147.The Notice For Reassessment Is So Hastily Issued Without Examining The Correct Factual & Legal Position. The Action For Reassessment Is Often Made Without Application Of Mind Fairly & Objectively The Ao. Lakhmani Mewal Das 103 Itr 437 (Sc)

reassessment proceedings. The fact that on the notice issued under section 143(2) of the Act, the assessee had placed its objection and reiterated its earlier return filed as one filed in response to the notice issued under section 148 of the Act and the Officer had also noted that the same would be considered for completing of assessment, would

SHRI GOVIND NARAIN JOHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Although The Second Round Of Assessment Was Completed At The Directions Of Hon’Ble Itat.

14 (All.), wherein it was held as under: "Section 148(1) provides for service of notice as a condition precedent to making the order of assessment. Once a notice is issued within the period of limitation, jurisdiction becomes vested in the Income-tax Officer to proceed to reassess. The mandate of section 148(1) is that reassessment shall

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

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

2 and others-JP-2025\nDCIT vs. Vaibhav Banka and others\nnotice for reassessment under section 148 (i.e.) if as on the date the\nassessment under section 153A or section 153C was passed, a notice\nunder section 148 could have been issued as per the law then in force,\nthen fresh proceedings for reassessment of such income not arising from

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

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

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

2) is to be read in respect of the date of issue of notice for\nreassessment under section 148 (i.e.) if as on the date the assessment\nunder section 153A or section 153C was passed, a notice under section\n148 could have been issued as per the law then in force, then fresh\nproceedings for reassessment of such income

DIPTI GARG,TONK vs. ITO WD, TONK

In the result, appeal of the assessee is partly allowed

Bench: Dr. Manish Borad & Dr. S Seethalakshmi

reassessment proceedings. Thus, the legal issue raised in ground nos. 1 and 2 are hereby dismissed. 7. Now coming to the merits of the case raised in the ground nos. 3 and 4, the grievance of the assessee is against the finding of the Ld. CIT(A) confirming the addition made by the AO u/s. 56(2)(viib

DESH RAJ JAKHAR,GORDHANPURA vs. INCOME TAX OFFICER, WARD NEEM KA THANA

In the result, the appeal filed by the assessee is allowed for statistical purposes

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

2) of the Act had not expired." 1.3 Section 148-Scope and Purpose: 14 SHRI DESH RAJ JAKHAR VS ITO, WARD NEEM KA THANA, SIKAR a) Section 148 empowers the AO to reopen an assessment if there is a "reason to believe" that income has escaped assessment. b) It is a remedial provision enabling the reassessment

SAROJ DEVI HALDIYA,JAIPUR vs. ITO WARD-6(1), JAIPUR, JAIPUR

14.\nS No Date\nCheque\nNo.\nDrawn on\nAmount\n1\n18.10.2014\n047309\nICICI Bank\n25,00,000/-\n2\n25.10.2014\n047310\nICICI Bank\n25,00,000/-\n3\n30.10.2014\n047311\nICICI Bank\n25,00,000/-\nTotal\n75,00,000/-\nA copy of relevant bank account of the assessee reflecting the above\npayment is available on paper book page