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 worked out profit on basis of\ncontract and sub-contract income On account of oversight/mistake, he failed to add\ninterest income shown in books as other income - Subsequently, audit objections were\nraised by audit party Invoking section 147/148, Assessing Officer

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

reassessment \non the same set of facts.\nPage-93 relying on which the AO has based the addition and treated it to be \nremission of liability is being now relied by Ld.CIT(A) to prove that it was a gift. It \nmay be mentioned that this paper is undated, was never confronted to the \nassessee either during the search

DCIT, CENTRAL CIRCLE, AJMER vs. M/S SILVERTOSS COMMODITIES PVT. LTD., KOLKATA

The appeals of the revenue stand dismissed and the cross objections of the assessee are partly allowed

reassessment resulting into the demand or proceedings of penalty." (Emphasis supplied) The said judgment which essentially deals with second proviso to Section 153A of the Act also supports the conclusion, which we have reached hereinbefore. 28. It has been observed by the Hon'ble Supreme Court in K.P. Varghese v. ITO [1981] 131 ITR 597/7 Taxman 13 that

GIRIRAJKRIPA DEVELOPERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD-3(2), JAIPUR

In the result, appeal of the assessee is allowed

viii) Dina Nath v. CIT 204 ITR 667 (J&K) (ix) Jayanthi Talkies Distributors v. CIT 120 ITR 576 (Mad)" 11. The only argument raised by the department is by relying on the decision of the Hon’ble Supreme Court in the case of R.K. Upadhyaya Vs Shanabhai P Patel (1987) 33 Taxman 229 (SC). It was submitted that service

MRS. RENU SEHGAL,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result, the appeals of the assessee is allowed and that of the

Bench: : Shri Vijay Pal Rao, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 837/Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year : 2012-13 Cuke The Acit Smt. Renu Sehgal Vs. Central Circle-3 27, Onkar Nagar, Civil Lines Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aepps 3048 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 708 & 709 Jp/2018 Fu/Kzkj.K O"Kz@Assessment Year : 2012-13 & 2015-16 Cuke Mrs. Renu Sehgal The Dcit Vs. 227-278, Nemisagar Colony Central Circle-3, Vaishali Nagar, Jaipur Jaipur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aepps 3048 M Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Shri Varinder Mehta, Cit-Dr Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri P.C. Parwal, Ca Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/08/2019 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 19/08/2019 Vkns'K@ Order Per Vijay Pal Rao, Jm There Are Cross Appeals For The Assessment Year 2012-13 Directed Against The Order Dated 09-04-2013 Of The Ld. Cit(A)-4, Jaipur. The 2 Smt. Renu Sehgal Vs Dcit, Central Circle-3, Jaipur

reassessment proceedings. The Supreme Court held that the circular by itself without any other material and investigation, could not afford any basis to the ITO for forming a reasonable belief that the appellant had not made a full and true disclosure of the relevant facts on which account the income of the appellant chargeable to tax had escaped assessment

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

In the result, the appeal of the assessee is partly allowed

section 132 of the Income Tax act together. The documents related to dissolution of JV of both of them were found from the premises of both the persons. Both of them accepted that the transaction in question was not loan but an accommodation entry against the settlement of dispute. In fact, some of the amounts as per seized paper

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)

viii) The SLP filed by the department in the case of PCIT Vs Best Infrastructure (India) (P.) Ltd. [2018] 94 taxmann.com 115 (SC) has been admitted. The head note is as under: "Il Section 153A of the Income-tax Act, 1961- Search and seizure-Assessment in case of (General)- Assessment years 2005-06 to 2009-10- High Court by impugned

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)

viii) The SLP filed by the department in the case of PCIT Vs Best Infrastructure (India) (P.) Ltd. [2018] 94 taxmann.com 115 (SC) has been admitted. The head note is as under: "Il Section 153A of the Income-tax Act, 1961- Search and seizure-Assessment in case of (General)- Assessment years 2005-06 to 2009-10- High Court by impugned

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)

viii) The SLP filed by the department in the case of PCIT Vs Best Infrastructure (India) (P.) Ltd. [2018] 94 taxmann.com 115 (SC) has been admitted. The head note is as under: "Il Section 153A of the Income-tax Act, 1961- Search and seizure-Assessment in case of (General)- Assessment years 2005-06 to 2009-10- High Court by impugned

CASTAMET WORKS PRIVATE LIMITED,KHARWA vs. PRINCIPLE COMMISSIONER OF INCOME TAX, UDAIPUR

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. 28. The correctness of the claim of the Assessee for the purpose of Section 14A read with Rule

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, 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)

viii) Copy of bills issued by B. Lodha Securities Ltd Page No.27 (ix) Copy of Contract Note issued by Tushar (India) Pvt Ltd Page No.28 (x) Copy of bills issued by B. Lodha Securities Ltd Page No.29 to 33 (Xi) Copy of Contract Note issued by Natraj Capital and Credit Pvt. Ltd. Page No.34 (xii) Copy of bills issued

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)

viii) Copy of bills issued by B. Lodha Securities Ltd Page No.27 (ix) Copy of Contract Note issued by Tushar (India) Pvt Ltd Page No.28 (x) Copy of bills issued by B. Lodha Securities Ltd Page No.29 to 33 (Xi) Copy of Contract Note issued by Natraj Capital and Credit Pvt. Ltd. Page No.34 (xii) Copy of bills issued

DCIT, JAIPUR vs. GODAWARI ESTATES PVT. LTD.,

reassessing the completed assessment. Assessee’s appeal fails in Gr No 1. 3.2 Ground No. 2 & 3: “Regarding addition of Rs. 2,00,00,000/- made by applying the provisions of section 56(1) of Income Tax Act, 1961 treating the share capital and premium thereon received from various companies as income of the assessee.” 3.2.1 Submission made: Relevant extracts

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

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

viii) Copy of bills issued by\nB. Lodha Securities Ltd Page No.27 (ix) Copy of Contract Note issued by Tushar\n(India) Pvt Ltd Page No.28 (x) Copy of bills issued by B. Lodha Securities Ltd\nPage No.29 to 33 (Xi) Copy of Contract Note issued by Natraj Capital and Credit\nPvt. Ltd. Page No.34 (xii) Copy of bills issued

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S N. M. AGROFOOD PRODUCTS PVT. LTD., SRIGANGANAGAR

In the result the appeal of the revenue is dismissed

56(2)(viib) was 10 DCIT vs. M/s N. M. Agrofood Products Pvt. Ltd. introduced by Finance Act, 2012 effective from AY 2013-14. Thus the provision relating to allotment of share at share premium is not applicable in the year under consideration. iii) Date wise list of share application money received by company for allotment of shares is enclosed

RAJESH CHOUDHARY,GURGAON vs. ACIT CENTRAL CIRCLE, ALWAR, ALWAR

In the result, the appeal of the assessee is allowed

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

56, Gurgaon, Haryana- 122001. 2. That a Survey u/s. 133A of the I.T. Act, 1961 was carried out by Income Tax Department officials on 28.08.2018 at the business premises of assessee. That the statement of appellant is recorded 2 times. 1st statement was 3. recorded on 28.08.2018 (i.e. during survey) and second statement was recorded on 04.09.2018 (i.e. Post Survey

V C GRANITES,AJMER vs. DCIT CENTRAL CIRCLE AJMER, AJMER

In the result, appeal of the assessee is allowed

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

56 regarding alleged harassment by Income Tax Authorities gave the following information in Lok Sabha M/s. V.C. Granites, Ajmer. “. The scheme for re-assessment of income escaping assessment, as laid down in Section 148 of the Income Tax Act, 1961 (‘Act’) was reformed by the Finance Act, 2021 & Finance Act, 2022. The new scheme was introduced with an intent