DCIT, JAIPUR vs. VIMAL CHAND SURANA HUF, JAIPUR

In the result, the appeal of the revenue stands dismissed

reassess the assessee HUF and completed the re-assessment by adding Rs. 4,15,32,446/- as substantive addition in the hands of Madan Mohan Gupta as per section 292C of the Act as the papers were found from the premises of Madan Mohan Gupta and primary onus lies with him to explain these entries. However, a protective addition

M/S KOTA DALL MILL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

9. Whether on the facts and circumstances of the case and in law, the CIT (A) was justified in ignoring the fact that business of the assessee firm is the business of the partners constituting it and the assessee firm is a mere “mutual agency” of the partners and therefore, mere filing of documentary evidences without producing the partners

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. M/S KOTA DALL MILL, KOTA

9. Whether on the facts and circumstances of the case and in law, the CIT (A) was justified in ignoring the fact that business of the assessee firm is the business of the partners constituting it and the assessee firm is a mere “mutual agency” of the partners and therefore, mere filing of documentary evidences without producing the partners

M/S KOTA DALL MILL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

9. Whether on the facts and circumstances of the case and in law, the CIT (A) was justified in ignoring the fact that business of the assessee firm is the business of the partners constituting it and the assessee firm is a mere “mutual agency” of the partners and therefore, mere filing of documentary evidences without producing the partners

M/S KOTA DALL MILL,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

9. Whether on the facts and circumstances of the case and in law, the CIT (A) was justified in ignoring the fact that business of the assessee firm is the business of the partners constituting it and the assessee firm is a mere “mutual agency” of the partners and therefore, mere filing of documentary evidences without producing the partners

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

9. Before us, the ld. A/R of the assessee has submitted that in compliance to notice under section 153A of the IT Act, the assessee submitted its return of income on 22.02.2019 declaring therein total income at Rs. NIL (after claiming current year loss of Rs. 7,678/-) as was declared in the original e-return filed under section

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)

reassessing the unabated assessment on the basis of material received from the other sources and can proceed under section 148. The decision does not 39 Sh. Kapil Taneja vs. DCIT support the contentions raised that section 148 is rendered redundant if section 153C is to be resorted to in the facts of the present case. 36. The Single Bench

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)

9. What Section 153A contemplates is that, notwithstanding the regular provisions for assessment/reassessment contained in the IT Act, where search is conducted under Section 132 or requisition is made under Section 132A on or after 31/5/2003 in the case of any person, the Assessing Officer shall issue notice to such person requiring him to furnish return of income within

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)

9. What Section 153A contemplates is that, notwithstanding the regular provisions for assessment/reassessment contained in the IT Act, where search is conducted under Section 132 or requisition is made under Section 132A on or after 31/5/2003 in the case of any person, the Assessing Officer shall issue notice to such person requiring him to furnish return of income within

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)

9. What Section 153A contemplates is that, notwithstanding the regular provisions for assessment/reassessment contained in the IT Act, where search is conducted under Section 132 or requisition is made under Section 132A on or after 31/5/2003 in the case of any person, the Assessing Officer shall issue notice to such person requiring him to furnish return of income within

DEPUTY COMMISSIONER OF INCOME TAX. CENTRAL CIRCLE, KOTA vs. SMT. REEMA HARISH BHATIA, KOTA

9 ITA Nos. 1284(4)/JP/2018 Smt. Reema Harish Bhatia, Kota. Thus the ld. A/R has submitted that in the proceedings under section 153A the AO can reassess

SMT. REEMA HARISH BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX. CENTRAL CIRCLE, KOTA

9 ITA Nos. 1284(4)/JP/2018 Smt. Reema Harish Bhatia, Kota. Thus the ld. A/R has submitted that in the proceedings under section 153A the AO can reassess

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. SMT. REEMA HARISH BHATIA, KOTA

9 ITA Nos. 1284(4)/JP/2018 Smt. Reema Harish Bhatia, Kota. Thus the ld. A/R has submitted that in the proceedings under section 153A the AO can reassess

SMT. REEMA HARISH BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

9 ITA Nos. 1284(4)/JP/2018 Smt. Reema Harish Bhatia, Kota. Thus the ld. A/R has submitted that in the proceedings under section 153A the AO can reassess

SMT. REEMA HARISH BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

9 ITA Nos. 1284(4)/JP/2018 Smt. Reema Harish Bhatia, Kota. Thus the ld. A/R has submitted that in the proceedings under section 153A the AO can reassess

POOJASHISH INFRASTRUCTURES PVT. LTD.,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, KOTA

In the result, appeal of the assessee is allowed

Section 153 A(1) will have to be mandatorily issued to the person searched requiring him to file returns for six AYs immediately preceding the previous year relevant to the AY in which the search takes place. ii. Assessments and reassessments pending on the date of the search shall abate. The total income for such AYs will have

SMT. JAYA PREM BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, the appeal of the assessee for A

9. We have considered the rival submissions as well as the relevant material on record. There is no dispute that the assessee filed the return of income under section 139 on 29.12.2012 which was processed under section 143(1) of the IT Act. Subsequently, a search and seizure operation was carried out on 03.03.2016. It is also not in dispute

SMT. JAYA PREM BHATIA,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA

In the result, the appeal of the assessee for A

9. We have considered the rival submissions as well as the relevant material on record. There is no dispute that the assessee filed the return of income under section 139 on 29.12.2012 which was processed under section 143(1) of the IT Act. Subsequently, a search and seizure operation was carried out on 03.03.2016. It is also not in dispute