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)

Reassessment pursuant to material found in search can be done through recourse to section 153C only and not by invoking the provisions of section 147/148. 1.12. The provisions of section 153C are over-riding in nature and contain non obstante clause for sections 139,147,148,149,151 and 153. 1.13. Section 147 and 153C are not interchangeable

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

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

u/s 147\nr.w.s 148?\nGround No. 1\nWhether on the facts and circumstances of the case, the Ld. CIT(A) is justified in\nquashing the reopening and reassessment under Section 147 of the Act ignoring that\nthe case was reopened as per clause (c) of Explanation 2 to Section 147 and with the\n27\nITA No. 872 & others/JP/2024\nKedia Builders

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

147 of the Act\nwere initiated in the case by recording reasons and after obtaining prior approval\nof the Principal Commissioner of Income Tax, Bathinda.\nA notice under section 148 of the Act was issued to the assessee on 26.03.2018,\nwhich was duly served upon the assessee on the same day. In response to the\nnotice's u/s

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

147 of the Act\nwere initiated in the case by recording reasons and after obtaining prior approval\nof the Principal Commissioner of Income Tax, Bathinda.\nA notice under section 148 of the Act was issued to the assessee on 26.03.2018,\nwhich was duly served upon the assessee on the same day. In response to the\nnotice's u/s

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

147 of the Act\nwere initiated in the case by recording reasons and after obtaining prior approval\nof the Principal Commissioner of Income Tax, Bathinda.\nA notice under section 148 of the Act was issued to the assessee on 26.03.2018,\nwhich was duly served upon the assessee on the same day. In response to the\nnotice's u/s

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

147 of the Act\nwere initiated in the case by recording reasons and after obtaining prior approval\nof the Principal Commissioner of Income Tax, Bathinda.\nA notice under section 148 of the Act was issued to the assessee on 26.03.2018,\nwhich was duly served upon the assessee on the same day. In response to the\nnotice's u/s

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

147 of the Act\nwere initiated in the case by recording reasons and after obtaining prior approval\nof the Principal Commissioner of Income Tax, Bathinda.\nA notice under section 148 of the Act was issued to the assessee on 26.03.2018,\nwhich was duly served upon the assessee on the same day. In response to the\nnotice's u/s

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

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

u/s 147\nr.w.s 148?\n\nGround No. 1\n\nWhether on the facts and circumstances of the case, the Ld. CIT(A) is justified in\nquashing the reopening and reassessment under Section 147 of the Act ignoring that\nthe case was reopened as per clause (c) of Explanation 2 to Section 147 and with the\n\n27\nITA

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

u/s 147\nr.w.s 148?\nGround No. 1\nWhether on the facts and circumstances of the case, the Ld. CIT(A) is justified in\nquashing the reopening and reassessment under Section 147 of the Act ignoring that\nthe case was reopened as per clause (c) of Explanation 2 to Section 147 and with the\napproval of the Principal Commissioner of Income

ASHOK SHARMA,KOTA vs. DY. COMMISSIONER OF INCOME TAX CIRCLE-2 - KOTA, KOTA

section 40A(3). The payments were made at different dates as was replied by the\nassessee alongwith complete details in the reply to notice u/s 154 and also to notice u/s 148 in\nthe proceedings of reassessment. The reply by the assessee was made part of the order u/s 147\nby the ld. AO but was neither touched-upon

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

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s 147

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s 147

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s 147

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\n\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

133(6) of the Act was issued which was duly complied by the appellant. 3. The appellant had purchased a residential plot bearing No. E-13, Landmark City, Kota, from Bhatia Colonisers for a total consideration of Rs. 16,20,000/-, as duly recorded in the books of the seller. 4. However, the assessment was subsequently reopened u/s 147

APOORVA SHARMA,JAIPUR vs. ITO, WARD-6(4), JAIPUR

reassessment proceedings initiated against her. It is also noted that no return of income was filed by the assessee in response to notice u/s 148. Thereafter, notices were issued u/s 142(1) and replies were submitted by the assessee. However, not accepting the replies submitted by the assessee, commission income of Rs. 21,60,840/- was 3 Apoorva Sharma

BHASKAR CHOUHAN,JAIPUR vs. INCOME TAX OFFICER, SIKAR

section 147/148 of the Act are not applicable in\nsuch cases. No contrary decision has been brought to our notice.\nAccordingly, we hold that initiation of proceedings u/s 147/148 by A.O.\nto reassess the income is illegal being without jurisdiction and\nconsequently the reassessment order passed u/ s 147 r.w.s.143(3) is\nalso illegal and void above said initio