BRIGHT SECURITIES PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeals of the assessee are allowed with no order as to\ncosts

sections 147, 148 of\nthe Income-tax Act, 1961, no fault can be found,\n7.7 Similarly, Hon'ble Bombay High Court in the case of Hede\nFerrominas Pvt. Lt reported in 147 taxmann.com 215 (Bombay) had\noccasion to examine whether there was sufficient material to form a\nreasonable belief that appellant's income had escaped assessment. The\nrelevant para

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. NISHA JAIN, KOTA

In the result, the appeal of the Revenue is dismissed with no orders as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member), DR MITHA LAL MEENA (Accountant Member)

reassessment order u/s 143(3) r/w 147, has started with the total income as assessed after giving effect to the order of the CIT (A) u/s 250 dt. 09.04.2019 at Rs. 75,95,250/-. Therefore, the ld. AO cannot blow hot and cold in the same breath now. 3. It is submitted that S. 44AB of the Act has been

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

u/s 12A of\nthe IT Act vide registration certificate No. 8/1993-94/2609dt. 10.08.1994 (PB 37).\nSince the issues challenged by way of these appeals are identical in nature in all the\nyears and for sake of convenience we are submitting common submission. That year\nwise detail of issue under challenge and addition made by the ld. Assessing officer &\nCIT

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

u/s 153A r.w.s. 153B/143(3) of the Act vide order dated 30.12.2019 at total income of Rs. 43,88,06,060/- buy making an addition of Rs. 43,88,06,060/- on account of deemed income as per provisions of sec. 56(2)(viia) of the Act to the declared income of the appellant. The assessee objected to the proposed

SHAILESH GOYAL,TONK vs. ACIT, CENTRE CIRCLE JAIPUR, JAIPUR

In the result, appeal of the assessee is allowed in above terms

reassessment or recomputation is made under\nsub-section (3) of section 143 or section 144 or section 147 orsection 153A or clause (c)\nof section 158BC unless the reasons for retaining the same are recorded by him in writing and\nthe approval of the Principal Chief Commissioner or Chief Commissioner, Principal Commissioner\nor Commissioner, Principal Director General or Director General

ANUSHA FINVEST PVT LTD ,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR (Judicial Member)

u/s 133A, and concluded that, the CCM done in March 2010 was not done for genuine purposes. 4.8 The appellant has obtained losses of Rs. 5,40,117/- by using the facility of CCM. The trend of code modification is as under: The AO has stated that, it is clear from the above table that, as a modified client

PINCITY JEWLHOUSE PVT. LTD.,JAIPUR vs. PCIT, CC, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the date of hearing." 3. At the outset of hearing, the Bench observed that there is delay of 58 days in filing of the present appeal by the assessee for which the Id. AR of 3

reassess the earlier assessment in terms of section 147 or carry out rectification u/s 154 of the Act. He can’t usurp the power of the CIT and recommend a revision. No overlapping of powers of the authorities under the Act can be permitted. As the revision proceedings in this case have triggered with the AO sending a proposal

PINK CITY JEWEL HOUSE PRIVATE LIMITED ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), JAIPUR

reassess the earlier\nassessment in terms of section 147 or carry out rectification u/s 154 of the Act. He can't\nusurp the power of the CIT and recommend a revision.\nNo overlapping of powers of the authorities under the Act can be permitted. As the\nrevision proceedings in this case have triggered with the AO sending a proposal

GOYAL VEGOILS LIMITED ,KASAR ,KOTA vs. DCIT , CIRCLE -2, KOTA

In the result ground no. 2 & 3 raised by the assessee

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

147 of the Income Tax Act, 1961 dated 21.11.2019 are bad in law for the want of valid jurisdiction to issue notice u/s. 148 of the Act. 1.1 The appellant very humbly submits that pursuant to filing of ITR on 24.09.2012, notice u/s 143(2) was issued in the case. During the course of assessment, complete books along with bills/vouchers

LATE SH. SHEKHAR DHARIWAL THROUGH L/H SMT. NIKITA DHARIWAL,DHARIWAL BHAWAN, SHASTRI MARKET, KOTA vs. ITO, WARD-2(2), KOTA

In the result, the appeals of the assessee are partly allowed for statistical purposes

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

section 159(2)(b), it is permissible for AO to issue fresh notice u/s 148 against legal representative, provided that same is not barred by limitation; he cannot continue proceedings based on an invalid notice issued u/s 148 to dead assessee—In present case, writ application succeeded— Notice issued by revenue u/s 148 were quashed” Alamelu Veerappan

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)

133A of the Act was carried out by the Income Tax Department on the members of Chandra Prakash Agarwal Group on 28-07-2016 of which the Assessee is one of the members covered u/s 132. The jurisdiction over the case was assigned to Central Circle - 2, Jaipur by the Commissioner of Income Tax, Jaipur-1, Jaipur by means

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)

133A of the Act was carried out by the Income Tax Department on the members of Chandra Prakash Agarwal Group on 28-07-2016 of which the Assessee is one of the members covered u/s 132. The jurisdiction over the case was assigned to Central Circle - 2, Jaipur by the Commissioner of Income Tax, Jaipur-1, Jaipur by means

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)

133A of the Act was carried out by the Income Tax Department on the members of Chandra Prakash Agarwal Group on 28-07-2016 of which the Assessee is one of the members covered u/s 132. The jurisdiction over the case was assigned to Central Circle - 2, Jaipur by the Commissioner of Income Tax, Jaipur-1, Jaipur by means

SPECTRUM FOODS LIMITED,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

u/s 148 of the Income Tax Act, 1961 which is void ab-initio deserves to be quashed.” 3.1.1 Despite the assesse had not made any submission before the ld. CIT(A), the ld. CIT(A) in the interest of justice, decided this ground on merit and the same is reproduced as given below: “4.2.1. While non-compliance may be reason

SARITA GUPTA,ALWAR vs. PCIT(CENTRAL), JAIPUR, JAIPUR

The appeal of the assessee is partly allowed

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

133A as normal business income after making enquiries into the nature of assessee's income and considering the assessee's replies and the relevant facts on record, it cannot be held that the assessment order has been passed without a proper enquiry and therefore, the Principal CIT was not justified in passing the impugned revisional order u/s

ACIT, JAIPUR vs. RATAN KANWAR RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

133A of the Act was carried out on 02.08.2017. Pursuant to this, AO issued a notice u/s 153A of the Act to the assessee in compliance of which assessee filed his return of income of Rs. 1,67,70,610/-. Finally, AO Completed the assessment u/s 143(3) r.w.s. 153A of the Act vide order dated 26.12.2019 at a total

ACIT, JAIPUR vs. RATAN KANWAR RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

133A of the Act was carried out on 02.08.2017. Pursuant to this, AO issued a notice u/s 153A of the Act to the assessee in compliance of which assessee filed his return of income of Rs. 1,67,70,610/-. Finally, AO Completed the assessment u/s 143(3) r.w.s. 153A of the Act vide order dated 26.12.2019 at a total

ACIT, CC-2, JAIPUR, JAIPUR vs. MAHENDRA SINGH RATNAWAT, JAIPUR

In the result, the appeals of the Revenue are dismissed and

133A of the Act was carried out on 02.08.2017. Pursuant to this, AO issued a notice u/s 153A of the Act to the assessee in compliance of which assessee filed his return of income of Rs. 1,67,70,610/-. Finally, AO Completed the assessment u/s 143(3) r.w.s. 153A of the Act vide order dated 26.12.2019 at a total