LATE SHRI JITENDRA NAGAR THROUGH HIS L/R SMT. DEEPIKA NAGAR,BARAN vs. INCOME TAX OFFICER WARD BARAN, BARAN

In the result, appeal of the assessee is allowed

Bench: The Date Of Hearing.”

9) TMI 347 - ITAT MUMBAI], we are of the considered view that the notice issued by the Assessing Officer u/sec.148 of the Act dated 30.07.2022 by obtaining prior approval from the Principal Commissioner of Income Tax-1, Hyderabad dated 27.07.2022 and consequential final assessment order dated 02.03.2024 passed by the Assessing Officer u/sec.147 r.w.s.144C(13) of the Act is illegal

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)

vi) The head note in the case of CIT Vs Raj Kumar Arora [2014] 52 taxmann.com 172 (Allahabad) is as under: "Section 1534, read with section 143 of the Income-tax Act, 1961-Search and seizure - Assessment in case of (Scope of assessment) - Assessment year 2000- 01-Whether Assessing Officer has power to reassess returns of assessee not only

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)

vi) The head note in the case of CIT Vs Raj Kumar Arora [2014] 52 taxmann.com 172 (Allahabad) is as under: "Section 1534, read with section 143 of the Income-tax Act, 1961-Search and seizure - Assessment in case of (Scope of assessment) - Assessment year 2000- 01-Whether Assessing Officer has power to reassess returns of assessee not only

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)

vi) The head note in the case of CIT Vs Raj Kumar Arora [2014] 52 taxmann.com 172 (Allahabad) is as under: "Section 1534, read with section 143 of the Income-tax Act, 1961-Search and seizure - Assessment in case of (Scope of assessment) - Assessment year 2000- 01-Whether Assessing Officer has power to reassess returns of assessee not only

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)

9(5) of the Code of Civil Procedure provides that the summons must be properly addressed and sent by registered post. In the present case, the notice was sent by speed post at the following address as per the postal receipt: "SH R. K. Prop M/s. Karol Bagh New Delhi, PIN 110065" Clearly, the above is not the address

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

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

9(5) of the Code of Civil Procedure provides\nthat the summons must be properly addressed and sent by registered post. In the\npresent case, the notice was sent by speed post at the following address as per\nthe postal receipt: \"SH R. K. Prop M/s. Karol Bagh New Delhi, PIN 110065\"\nClearly, the above is not the address

ANSHU SAHAI (HUF),JAIPUR vs. ACIT, CENTRAL CIRCLE, CENTRAL CIRCLE

vi) \n56,31,38,250 \n\nS.No \nName of the assessee \nFY 2015-16 \nAY 2016-17 \nFY 2016-17 \nAY 2017-18 \nFY 2017-18 \nAY 2018-19 \nTotal \n1 \nAnshu Sahay HUF \n16,21,91,214 \n17,81,66,880 \n3,40,24,557 \n37,43,82,651 \n2 \nDr. Madhuri Sahay

OM KOTHARI FOUNDATION,JAIPUR, RAJASTHAN vs. ITO, (EXEMPTION) WARD-1, JAIPUR, JAIPUR, RAJASTHAN

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

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

section u/s 147/148 of 1.T. Act, 1961 & reopened the case. That the Ld. CIT(A) also erred in upholding the action of Ld. A.O. for reopening of Assessment. 2 OM KOTHARI FOUNDATION VS ITO (EXEMPTION), WARD -1 , JAIPUR 2. That the Ld. A.O. grossly erred on Law and Facts in not accepting the order of Higher Authorities

RAKESH KUMAR JAIN,JAIPUR vs. DCIT,CIRCLE-2, JAIPUR, JAIPUR

In the result, the appeal filed by the assessee is allowed

Bench: Or At The Time Of Hearing Of The Appeal & / Or Modify Any Of The Above Grounds.

VI-A Rs. 89,084/- Restricted to Income other than LTCG –Total Income Rs. 1,14,75,791/-, R/o Rs.1,14,75,790/- Assessed u/s 143(3) of the I.T. Act at Rs.1,14,75,790/-. Issue demand notice and challan. Charged interest u/s 234B, 234C, 234D & Withdrawal of excess refund u/s 244A. ITNS 150 is part of this order

R P WOOD PRODUCTS PRIVATE LIMITED,AJMER vs. DCIT CENTRAL CIRCLE AJMER, JAIPUR ROAD AJMER

In the result, appeal of the assessee is allowed

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

vi) That initiation of penalty on the voluntarily offered income without any adverse findings on the duly maintained Books of accounts by the appellant even after examination of the same by the Assessing Officer and the Investigation Wing, is bad in law. 4. On the facts and circumstances of the case, the Ld CIT(A) has erred

CENTRE FOR DEVELOPMENT COMMUNICATION TRUST,JAIPUR vs. COMMISSIONER OF INCOME TAX EXEMPTION, JAIPUR

reassessment.\n5.\nThe said section is not applicable in the present as the contentions raised are\nrelating to illegality of the Impugned Order as well as exercising power without authority\nof law and without jurisdiction.\n6.\nIn view of the above, the Ld. CIT(E) has wrongly contended that Appellant has\nparticipated in the proceedings therefore, it is precluded from

BABU LAL SHARMA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, JAIPUR

In the result, appeal of the assessee is allowed

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

9. Before us, the ld. A/R of the assessee has submitted his written submissions as under :- “ That on the facts and circumstances of case the Ld. CIT(A) is wrong and bad in law in confirming the action of Ld. AO in initiating the proceedings u/s 153C of the IT Act, 1961 in case of the appellant in as much

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

9. The failure to adhere to the reasons recorded has rendered the assessment proceedings arbitrary and contrary to the statutory scheme. The procedural safeguards under sections 147 and 148 are not mere formalities but are substantive requirements to ensure fairness and prevent fishing and roving inquiries. In this case, the assessee was never put on notice about any suspicion regarding

FARMAN KHAN,CHAKSU vs. INCOME-TAX OFFICER WARD 7(3), JAIPUR

In the result, the appeal of the assessee is allowed

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

1. The appellant, a small time contractor filed Return of Income for A.Y. 2017- 18, on 31.03.2018 at total income of Rs. 4,17,430/-. His father was hundred years old then and mother was of 70 years. For their medical needs / emergency, the appellant needed cash in hand, since, the banking facility in his remote village Siruja, in Chaksu

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

vi) to the concerned assessment unit; (viii) where the assessee fails to comply with the notice served under clause (v) or notice issued under sub-section (1) of section 142 or the terms of notice issued under sub-section (2) of section 143, the National Faceless Assessment Centre shall intimate such failure to the assessment unit; (ix) the assessment unit

AJOY SHARMA ,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

reassessment - Assessee filed a fresh\nreturn and paid differential tax and interest - Assessment was completed with no\naddition to disclosed income - However, Revenue imposed a penalty under\nSection 271(1)(c), alleging concealment of income or furnishing inaccurate\nparticulars of income - First Appellate Authority cancelled penalty due to lack of\nestablished concealment of income - Tribunal dismissed revenue's appeal

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)

vi) Reassessment is opened solely on the basis of ledger found during search in the case of Shri Ajay Gangwal, without application of independent mind and without providing opportunity to cross examine. Detailed submission on above issues is made as under— Reassessment is time barred by Limitation At this juncture to determine whether assessee case is time barred by limitation

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), CIRCLE, JAIPUR vs. MODERN SCHOOL SOCIETY, KOTA

In the result, this appeal of the revenue stands dismissed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1361 & 1362/Jp/2018 Assessment Years: 2011-12 & 2012-13 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Vk;Dj Vihy La-@Ita No. 357/Jp/2019 Assessment Year: 2013-14 Deputy Commissioner Of Cuke M/S Modern School Society, Vs. Income Tax (Exemptions) Sector-A, Talwandi, Kota Circle, Jaipur. (Rajasthan) Pan No.: Aaatm 7045 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit-Dr) Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Rajiv Sogani (Ca) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/12/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 18/01/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. These Are The Appeals Filed By The Revenue Against The Separate Orders Of The Ld. Cit(A)-3, Jaipur Dated 04/09/2018 & 12/12/2018 For The A.Y. 2011-12 To 2013-14 Respectively.

vi) of the Act in respect of following issues:- xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 6. Your case is fixed for hearing before the Commissioner of Income Tax (Exemptions), Jaipur on 25.07.2016 at 12.30 P.M. in the Income Tax office (Exemptions) room No. 303, 3rd floor, Kailash Heights, Lal Kothi, Tonk Road, Jaipur. You may attend either personally or through an authorized representative in this