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)

1) of section 153A opens, the A.O. has no jurisdiction to issue notice u/s 148 of the Act in respect of those six assessment years which falls within the exclusive jurisdiction of section 153A of the Act and accordingly the A.O. was not justified in issuing notice u/s 148 on 28-8-2006 and in completing the impugned assessment u/s

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)

1) of section 153A opens, the A.O. has no jurisdiction to issue notice u/s 148 of the Act in respect of those six assessment years which falls within the exclusive jurisdiction of section 153A of the Act and accordingly the A.O. was not justified in issuing notice u/s 148 on 28-8-2006 and in completing the impugned assessment u/s

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

u/s 139(1) of the Act. The total income of the trust (before\nallowing exemption under sections 11 and 12) exceeds the maximum amounts\nwhich is not chargeable to tax, it is required to file its return in Form ITR-7,\nbefore the date specified in section 139. However, no return of income was\nfiled. Therefore, the assumption of jurisdiction

INCOME TAX OFFICER (EXEMPTION), JAIPUR vs. M/S APOLLO ANIMAL MEDICAL GROUP TRUST, JAIPUR

In the result, the grounds of appeal taken by the Revenue are dismissed

1) Section 147 does not get attracted to this case. In this case, we find that the finding of the Tribunal is that the Proviso to Section 147 of the Income Tax Act does not get attracted since it is clear from the order of the Tribunal that it was failure on the part of the Assessing Officer to consider

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

1)(b) read with Section 11(5)—Amount said to have received as\r\ndonation was added back to income of assessee under Section 69А—CIT(A)\r\naffirmed view taken by Assessing Officer except for granting partial relief such\r\nas with regard to claim for carry forward of depreciation etc—Tribunal after\r\ntaking note of factual position

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)

reassessment u/s 147 of the Act ignoring that the reason to belief of the AO is founded on information which has been received by the AO after completion of assessment, which is a sound foundation for exercising power u/s 147 r.w.s 148? 2.3 In ITA No. 874/JP/2024 the revenue has raised the following grounds; 1 Whether on the facts

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

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

11. However, in case during the search no incriminating material is found, in case of\ncompleted/unabated assessment, the only remedy available to the Revenue would be to\ninitiate the 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

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, A person other than

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be\nsustained and is hereby deleted as the same is without basis of incriminating\nmaterial unearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this

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

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

u/s 153A cannot be sustained\nand is hereby deleted as the same is without basis of incriminating material\nunearthed during the search action on the appellant and impugned addition could\nhave been done by the learned assessing officer in re-assessment proceedings by\nissuance of notice under section 147/148. The Id. AO is directed to take necessary\naction in this