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

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

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

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

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

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

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)

b) 7. 50-53 Copy of Order issued U/s 148A(d) dated 26.07.2022 8. 54-55 Copy of Notice issued u/s 148 dated 26.07.2022 9. 56-60 Copy of Notice issued u/s 142(1) dated 16.01.2023 10. Copy of Reply dated 30.01.2023 to notice issued u/s 143(2) read with 61-63 11. section 147 Copy of draft Assessment order

VINITA BAJORIA,JAIPUR vs. INCOME-TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 370/JP/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Vinita Bajoria 1, Ganesh Colony Moti Doongri Road, Jaipur बनाम Income Tax Officer, Ward 5(2), Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AEBPB4873M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Manoj Choudhary, CA राजस्व की ओर से / Revenue by : Sh. Gorav Avasthi, JCIT सुनवाई की तारीख / Date of Hear

section 147, and • The reassessment order passed u/s 147 r.w.s. 144 be kindly held to be without jurisdiction, bad in law and liable to be quashed. 6. To support the contention so raised in the written submission reliance was placed on the following evidence / records / decisions: S. No. Particulars Page Nos. 1. Synopsis of the Case 1

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

reassessment under Section 147, 148 & 148A of the Act in a faceless manner. Proceedings under Section 147 and Section 148 of the Act would now have to be taken as per the 34 ITA No. 656/JP/2023 & CO No. 06/JP/2023 ITO vs. Mukesh Kumar Soni procedure legislated by the Parliament in respect of reopening/ re-assessment i.e., proceedings under Section 148A

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

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

13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse to a notice issued u/s 153A, the assessee furnished Return

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

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

13-06-\n2019 at the various premises of Dewan Group. The assessee derives\nincome from Business or Profession and Other Source during the year\nunder consideration. Consequent to search action, notice u/s.153A of the\nAct was issued to the assessee on 04-03-2021 which was duly served. In\nresponse to a notice issued u/s 153A, the assessee furnished Return