ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

b. "Whether Ld. CIT(A) is justified in holding entire reassessment is considered void and illegal while assessee had not truly and fully disclosed material facts necessary for assessment as per the first proviso to section 147 of the Income-tax Act, relevant to reassessment after expiry of four years and AO had new facts in possession after the regular

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)

13(1)(d)(iii) on investment in Shares and assessed the trust under normal provision of I.T. Act, 1961, when the law/judicial view is to tax only the income earned from said investments. That the Ld. CIT(A) also erred in not considering the order of Ld. CIT(A) & Hon. ITAT, Hon. High Court on this legal issue & upheld

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)

B Ltd. [2017] 83 taxmann.com 348 (Delhi) 1.6.5. Meenakshi Overseas Pvt. Ltd. [2017] 395 ITR 677 (Delhi) 1.7. In the case of Manzil Dinesh Kumar Shah [2018] 406 ITR 326 (Gujarat), the High Court, at Para 7-8, held that even the assessment which is completed u/s. 143(1) cannot be reopened without proper ‘reason to believe’. If the reasons

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)

13. Under the provisions of section 153A, the Assessing Officer is bound to issue notice to the assessee to furnish the returns of income for each assessment years falling within the six assessment years immediately preceding the assessment year in 31 Shri Vimal Chand Surana HUF which search or requisition is made. Another significant feature of this section is that

DCIT, JAIPUR vs. VIMAL CHAND SURANA HUF, JAIPUR

In the result, the appeal of the revenue stands dismissed

B. Page 136-140). Held the proceedings initiated by A.O. u/s 147 as unsustainable in law which is correct in law. The assessee HUF ITA 437/JP/2017_ 14 DCIT Vs. Vimal Chand Surana (HUF) also relies on the recent judgement of Hon'ble Bench in case of Navrattan Kothari Vs. ACIT (ITA No. 425/JP/2017) order dated 13-12-2017 wherein exactly

RSD CONTAINERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD 7(1), JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

13 RSD Containers Pvt Ltd. vs ITO e. The ld. AO did not have complete information about alleged escapement of income by the assessee which did not satisfy the conditions stipulated u/s 147. f. The notice has not been issued in faceless manner as per provisions of section 151A of the Income Tax Act, 1961. Regarding the whole proceedings

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.”

b), it did not waive the requirement for Section 148A(d) and Section 148. Therefore, the assessing officer was required to obtain prior approval of the specified authority according to Section 151 of the new regime before passing an order under Section 148A(d) or issuing a notice under Section 148. These notices ought to have been issued following

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

b) and 11(5) and 13(3). The Hon'ble Supreme Court in the case of CIT v. Sun Engineering Works (P) Ltd. [198 ITR 297 (SC)] held that proceedings u/s. 147 are for the benefit of revenue and are aimed at gathering the "escaped income" of an assessee. It ITA No. 960/JP/2018 & CO No.05/JP/2020 9 M/s Apollo Animal Medical

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

13-09-2010] examined this issue. Head notes of this decision are as under- "Section 147 of the Income-tax Act, 1961 Income escaping assessment General -Assessment year 2001-02 In reassessment, Assessing Officer can make addition even on ground on which reassessment notice might not have been issued, but he arrives at a conclusion that such other income

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)

B. Grounds of Appeal 1. Whether on the facts and circumstances of the case, the Ld. CIT(A) is justified in quashing the reopening and reassessment u/s 147 of the Act ignoring that the case was reopened as per provisions of clause (c) of explanation 2 to section 147 of the Act and with the approval of Principal Commissioner

SHRI KALYAN BUILDMART PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeals of the assessee are allowed and appeals of the revenue are dismissed

13. Under the provisions of section 153A, the Assessing Officer is bound to issue notice to the assessee to furnish the returns of income for each assessment years falling within the six assessment years immediately preceding the assessment year in which search or requisition is made. Another significant feature of this section is that the Assessing Officer is empowered

ACIT, JAIPUR vs. SHRI KALYAN BUILDMART PVT. LTD., JAIPUR

In the result, appeals of the assessee are allowed and appeals of the revenue are dismissed

13. Under the provisions of section 153A, the Assessing Officer is bound to issue notice to the assessee to furnish the returns of income for each assessment years falling within the six assessment years immediately preceding the assessment year in which search or requisition is made. Another significant feature of this section is that the Assessing Officer is empowered

SHRI KALYAN BUILDMART PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeals of the assessee are allowed and appeals of the revenue are dismissed

13. Under the provisions of section 153A, the Assessing Officer is bound to issue notice to the assessee to furnish the returns of income for each assessment years falling within the six assessment years immediately preceding the assessment year in which search or requisition is made. Another significant feature of this section is that the Assessing Officer is empowered

DAYARAM YADAV,JAIPUR vs. CIT(A), NFAC

In the result, appeal of the assessee is allowed

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

147/ 144 of the Act and order u/s 271(1)(b) of the Act. Taking into account of the facts narrated above wherein assessee has not filed his return of income as stipulated u/s 139(1) of the Act and non-compliance during the assessment proceedings wherein the assessee has not complied with various notices issued on different dates

NITU KHADARIYA,JAIPUR vs. ITO WARD 1(3), NCRB BUILDING

In the result, the appeal of the assessee is allowed

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

reassessment 1-6 2. Copy of original assessment order passed u/s 143(3) dated 7 9 SMT. NITU KHADARIYIA VS ITO,WARD 1(3), JAIPUR 31-08-2016 by ITO 3(4) 3. Copy of P&L A/c and Balance Sheet 8 4. Copy of Bank Account of the assessee for F.Y. 2013-14 9-12 5. Copy of bank

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)

147 and other grounds of appeal raised by the assessee.” In view of above, notice issued u/s 148 without serving the notice and the consequential assessment order passed by non jurisdictional AO be quashed. Ground No.2 The Ld. CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs.5,26,000/- u/s 37(1

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

The appeal stands allowed

147 and other grounds of appeal raised by the assessee.” In view of above, notice issued u/s 148 without serving the notice and the consequential assessment order passed by non jurisdictional AO be quashed. Ground No.2 The Ld. CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs.5,26,000/- u/s 37(1

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

b) Search proceeding was carried out on 13/02/2020 at the residential and business premises of Saini Gupta Jain Somani Malpani Group of Ajmer. As stated by AO, being a related concem, a request was sent to PCIT-5, Kolkata and accordingly order u/s 127 dated 07/04/2021 was passed from the office of PCIT-5, Kolkata for transferring jurisdiction of Assessee

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

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

13, has prayed to observe that the Revenue may\nbe permitted to initiate re-assessment proceedings under section 147/148 of the Act as in\nthe aforesaid decision, the powers of the re-assessment of the Revenue even in case of\nthe block assessment under section 153-A of the Act have been saved.\n\n3.\nHowever