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)

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, section 147

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)

section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is "well settled as held by the Supreme Court in a catena of decisions that the heading or the Section Can be regarded as a key to the interpretation of the operative portion

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)

section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is "well settled as held by the Supreme Court in a catena of decisions that the heading or the Section Can be regarded as a key to the interpretation of the operative portion

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)

section 153A of the Act is annulled in appeal or any other proceeding. 16. Section 153A bears the heading "Assessment in case of search or requisition". It is "well settled as held by the Supreme Court in a catena of decisions that the heading or the Section Can be regarded as a key to the interpretation of the operative portion

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

u/s 153C. The assessments relating to search material are governed by provisions of section 153A/153C. The relevant provisions of section 153A and 153C are quoted below: - Assessment in case of search or requisition. 153A. (1) Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person where

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

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AJMER vs. M/S SHRI RAJLAXMI DENIM, BHILWARA

In the result, appeal of the revenue is allowed

U/s 132A of the Act, as the case may be, shall abate. For ready reference, we quote Section 153A of the Act as under: 153A . 21[(1)] Notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, in the case of a person 22 where a search is initiated under section 132

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\nsustained and is hereby deleted as the same is without basis of incriminating\nmaterial unearthed during the search action on the appellant and impugned\naddition could have been done by the learned assessing officer in re-assessment\nproceedings by issuance of notice under section 147/148. The Id. AO is directed\nto take necessary action in this

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

132(4) and not under Section 133A. It was a statement by the Assessee himself. In response to question no. 7 whether all the purchases made by the family firms, were entered in the regular books of account, the answer was: "We and our family firms namely M/s. Assam Supari Traders and M/s. Balaji Perfumes generally try to record

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals

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

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

132 or requisition under section 132A of the Act, 1961.\nHowever, the completed/unabated assessments can be re-opened by the AO\nin exercise of powers under sections 147/148 of the Act, subject to fulfilment\nof the conditions as envisaged/mentioned under sections 147/148 of the Act\nand those powers are saved.\nThe question involved in the present set of appeals