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, invoking Section 150 and relying on CBDT Instruction No. 1/2023, exceeding his statutory appellate jurisdiction under Sections 250/251 of the Act and accordingly, these directions are legally non-est and ought to be expunged/ quashed. 2. SUBMISSIONS: 2.1. The entire submissions, set out infra, based on the legal and procedural arguments, are urged in support

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 sections 147/48 of the Act. subject to\nfulfilment of the conditions mentioned in sections 147/148, as in such a situation, the\nRevenue cannot be left with no remedy. Therefore, even in case of block assessment\nunder section 153A and in case of unabated/completed assessment and in case no\nincriminating material is found during the search, the power

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)

23 Sh. Kapil Taneja vs. DCIT ledger pertaining to assessee was found & seized, as per which it is alleged that assessee had undertaken F&O transaction of Rs. 94,06,544/-. Assessee during the course of 148A proceedings as well as reassessment proceedings u/s 147 of the Act has filed a affidavit before the ld. AO stating that

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

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)

reassessments contemplated under section 153A. There is also no requirement under section 153A and other provisions requiring the Department to collect information and evidence for each and every year for six previous years under section 153A. Therefore, the argument of assessee that the information gathered either during pre-search enquiry or during the course of search cannot be made

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)

reassessments contemplated under section 153A. There is also no requirement under section 153A and other provisions requiring the Department to collect information and evidence for each and every year for six previous years under section 153A. Therefore, the argument of assessee that the information gathered either during pre-search enquiry or during the course of search cannot be made

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)

reassessments contemplated under section 153A. There is also no requirement under section 153A and other provisions requiring the Department to collect information and evidence for each and every year for six previous years under section 153A. Therefore, the argument of assessee that the information gathered either during pre-search enquiry or during the course of search cannot be made

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

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

reassessment proceedings under sections 147/48 of the Act. subject to\nfulfilment of the conditions mentioned in sections 147/148, as in such a situation, the\nRevenue cannot be left with no remedy. Therefore, even in case of block assessment\nunder section 153A and in case of unabated/completed assessment and in case no\nincriminating material is found during the search, the power

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 of income of the person other than search persons based on seized material can only be made u/s 153C r.w.s. 153A and the provisions of section 147/148 of the Act are not applicable in such cases without appreciating the fact that it is nowhere written in any of the section of the Income Tax Act that proceedings

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything

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

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

23-08-2023\nAs is evident the cross objection of the assessee hinges on the provision of\nsection 150, 251, Miscellaneous application filed by the revenue before the\napex court and CBDT's instructions. The provision of section 150 deals as\nunder :\nProvision for cases where assessment is in pursuance of an order on\nappeal, etc.\n150. (1) Notwithstanding anything