ARVIND KUMAR AGRAWAL,GURGAON vs. PRINCIPAL COMMISSIONER OF INCOME TAX, INCOEM TAX DEPARTMENT

In the results, the appeal of assessee stands dismissed

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

section 56(2)(vii) which states that stamp duty of the date of agreement may be adopted where the part consideration has been paid otherwise than the cash. 5 Arvind Kumar Agrawal vs. PCIT The assessment was completed under e-proceeding while accepting the income declared by the assessee accepting the explanation offered by the assessee. Later

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)

56-60 Copy of Notice issued u/s 142(1) dated 16.01.2023 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

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)

Section 147/148 of the Act, relying on the same judgment of Abhisar Buildwell (supra), CBDT Instruction No. 1/2023 (CLC 35-40), and the provisions of Section 150 of the Act. The assessee, while supporting the ultimate relief granted, is aggrieved by the directions given by the ld. CIT(A) in his order suggesting the AO initiate proceedings under Section 147/148

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)

Section 147/148 of the Act, relying on the same judgment of Abhisar Buildwell (supra), CBDT Instruction No. 1/2023 (CLC 35-40), and the provisions of Section 150 of the Act. The assessee, while supporting the ultimate relief granted, is aggrieved by the directions given by the ld. CIT(A) in his order suggesting the AO initiate proceedings under Section 147/148

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)

56. Section 153A of the Act is titled "Assessment in case of search or requisition". It is connected to Section 132 which deals with 'search and seizure'. Both these provisions, therefore, have to be read together. Section 153A is indeed an extremely potent power which enables the Revenue to re open at least six years of assessments earlier

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)

56. Section 153A of the Act is titled "Assessment in case of search or requisition". It is connected to Section 132 which deals with 'search and seizure'. Both these provisions, therefore, have to be read together. Section 153A is indeed an extremely potent power which enables the Revenue to re open at least six years of assessments earlier

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)

56. Section 153A of the Act is titled "Assessment in case of search or requisition". It is connected to Section 132 which deals with 'search and seizure'. Both these provisions, therefore, have to be read together. Section 153A is indeed an extremely potent power which enables the Revenue to re open at least six years of assessments earlier

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

56(2)(vii)\nThe assessee objected on the addition made by the AO u/s 41(1) as \ncessation of liability. Considering the facts of the case during the appellate \nproceedings show cause notice was issued to the appellant vide dated 12.07.2024. \nIt is observed that the assessee received an amount of Rs.15 cr. in AY 2014-15 \nwithout any consideration

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

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

reassessment of a particular\nincome or issue. As held by the Hon'ble Supreme Court in Rajinder Nath v.\nCIT [(1979) 120 ITR 14 (SC)] (CLC 50-54), mere observations or findings do\nnot amount to a "direction" unless they are specific, clear, and mandatory in\nnature. The Court stated:\n“A direction by a statutory authority is a positive

SH. KESAR LAL BAIRWA,A-24, VARUN COLONY, MANDARA STAND, NEW SANGANER ROAD, MANSAROVAR, JAIPUR vs. ITO, WARD-2(4), JAIPUR

In the result, appeal of the assessee is dismissed

Bench: HON’BLE SHRI SANDEEP GOSAIN (Judicial Member)

reassessment proceedings rejected the claim of assessee that the amount so received being capital receipt is not liable for taxation by holding as under :- (i) Supreme court decision in case of CIT vs. Ghanshyam (HUF) was pronounced on 16.07.2009 whereas section 56

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

56, read with section 147, of the Income-tax Act, 1961- Income from other\nsources - Chargeable as (Reassessment) - Assessing Officer

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)

section 148 is a jurisdictional requirement for completing the reassessment. This has been empha-sised in several other decisions of the High Courts as well. In C. N. Nataraj v. Fifth ITO [1965] 56

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

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

reassessment of a particular\nincome or issue. As held by the Hon'ble Supreme Court in Rajinder Nath v.\nCIT [(1979) 120 ITR 14 (SC)] (CLC 50-54), mere observations or findings do\nnot amount to a \"direction\" unless they are specific, clear, and mandatory in\nnature. The Court stated:\n\n“A direction by a statutory authority

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)

Reassessment pursuant to material found in search can be done through recourse to section 153C only and not by invoking the provisions of section 147/148. 1.12. The provisions of section 153C are over-riding in nature and contain non obstante clause for sections 139,147,148,149,151 and 153. 1.13. Section 147 and 153C are not interchangeable

DHANUKA REALTY LIMITED,JAIPUR vs. ITO WARD 4(4), JAIPUR

In the result, the appeal of the assessee is allowed with no orders as to costs

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

reassessment proceedings, issued notice u/s. 148 and passed order u/s 143(3) r.w.s.147 adding an amount of Rs 49,50,000 in the total income of assessee, are unjustified and liable to be cancelled. 2. That the ld. Commissioner (appeals) erred in sustaining the levy of tax made by the A.O. u/s.56(1) of the I.T. Act on the total

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

section 148 is a jurisdictional requirement\nfor completing the reassessment. This has been empha-sised in several other\ndecisions of the High Courts as well.\nIn C. N. Nataraj v. Fifth ITO [1965] 56

DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR vs. BHARAT SPUN PIPE AND CONSTRUCTION COMPANY, JAIPUR

In the result the appeal of the revenue in ITA no

56 and long-term capital gains (LTCG) versus short-term\n\n26\nITA No. 360/JPR/2025 & CO No. 19/JPR/2025\nBharat Spun Pipe and Construction Co., Jaipur.\n\ncapital gains (STCG) - Further, it was observed that Assessing Officer in order\npassed under section 148A(d) had stated that assessee had not disclosed\ntransactions in question for impugned assessment year, was falsified