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 total income taking note of the undisclosed income, if any, found during the course of search. For this purpose, the restrictions imposed on the Assessing Officer by way of sections 148 to 153 to reopen the assessment u/s 147

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)

153 referred to as the relevant assessment year) Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessment year, unless any income chargeable

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

147\n76\n76\n6\nOrder u/s 143(3) dated 30.07.2016\n77\n84\n7\nSubmission by assessee dated 28.06.2016 to the respondent during\n85\n86\nassessment proceedings u/s 143(3)\n8\nNote Sheet of assessment proceedings u/s 143(3)\n9\nNotice u/s 154 dated 21.11.2017 for rectification of mistake apparent on\nrecord in order u/s 143(3) dated

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

reassessment under Sections 139,147,148,149,151 & 153. " In view of the above discussion, the assessment completed u/s 144 deserves

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

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

153 of the IT Act. The\nHon'ble High Court further noted that, if an assessment under Section 143 (3) has\nbeen made for the relevant A.Y., no action shall be taken under Section 147 of the\nIT Act after the expiry of four years from the end of the relevant A.Y. unless any\nincome chargeable to tax has escaped

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassess total income of such other person of such assessment year in the manner provided in section 153A.” 4. Section 153C of the Act begins with a non-obstante clause and overrides sections 139, 147, 148, 149, 151, and 153. It mandates that if during a search (initiated on or before 31st March, 2021], any books of account, documents

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

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

153 of the IT Act. The\nHon’ble High Court further noted that, if an assessment under Section 143 (3) has\nbeen made for the relevant A.Y.. no action shall be taken under Section 147 of the\nIT Act after the expiry of four years from the end of the relevant A.Y. unless any\nincome chargeable

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

153 of the IT Act. The\nHon'ble High Court further noted that, if an assessment under Section 143 (3) has\nbeen made for the relevant A.Y.. no action shall be taken under Section 147 of the\nIT Act after the expiry of four years from the end of the relevant A.Y. unless any\nincome chargeable

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)

u/s 153C of the Act. At this juncture, kind attention of your goodself is invited to section 153C, which reads as under: 153C. (1) Notwithstanding anything contained in section 139, section 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

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

153.\nassess or reassess such income and also any other income chargeable to tax which has escaped\nassessment and which comes to his notice subsequently in the course of the proceedings under\nthis section, or recomputed the loss or the depreciation allowance or any other allowance, as the\ncase may be, for the assessment year concerned (hereafter in this section

SHRI PRAKASH CHAND KOTHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-2, JAIPUR

In the result, appeal of the assessee is allowed

u/s 148 of the Act. In this regard, we refer to the provisions of section 153C which read as under: “Notwithstanding anything contained in section 139, section 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

DCIT, CENTRAL CIRCLE-2, JAIPUR vs. SHRI PRAKASH CHAND KOTHARI, JAIPUR

In the result, appeal of the assessee is allowed

u/s 148 of the Act. In this regard, we refer to the provisions of section 153C which read as under: “Notwithstanding anything contained in section 139, section 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

BHASKAR CHOUHAN,JAIPUR vs. INCOME TAX OFFICER, SIKAR

147, section 148, section 149, section 151 and\nsection 153, where the Assessing Officer is satisfied that,-\n(a) any money, bullion, jewellery or other valuable article or thing,\nseized or requisitioned, belongs to; or\n(b) any books of account or documents, seized or requisitioned,\npertains or pertain to, or any information contained therein, relates\nto,\nA person other

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)

153(2) of the Act is a jurisdictional precondition to finalising the reassessment. (iv) The onus is on the Revenue to show that proper service of notice has been effected under section 148 of the Act on the assessee or an agent duly Sh. Hari Prakash Gupta vs. ITO empowered by him to accept notices on his behalf

KATRATHAL GRAM SEWA SAHKARI SAMITI LIMITED ,KATRATHAL vs. ITO WARD 1 SIKAR, SIKAR

147 and section 148 of the Income\r\nTax Act 1961 itself provide the opportunity to assessee for filing the return of\r\nincome, hence we could not say that the Income Tax Return was late filed. And\r\nthe Return filed u/s 148 is treated as filed u/s 139 and all the provision are\r\napplicable for the same

RAM KHILARI MEENA,DAUSA vs. ITO, DAUSA, DAUSA

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

147. Accordingly, this ground of appeal is dismissed. 9. Ground of Appeal No. 3: This ground is of general nature and does not need specific adjudication. However, the same is dismissed for statistical purposes. 10. In result, the appeal is partly allowed. 5. Feeling dissatisfied with the above finding of the ld. CIT(A), the assessee – appellant filed the present

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

153 / 167 DTR 290 / (2020) 422 ITR 337 (Bom.) held that\n\"S. 147: Reassessment-Intimation-The AO cannot reopen on the basis of info received from DIT (Inv.)\nthat a particular entity has entered into suspicious transactions without linking it to the assessee having\nindulged in activity which could give rise to reason to believe that income has escaped

SHRI SALASAR BALAJI DEVELOPERS PVT. LTD,JAIPUR vs. INCOME TAX OFFICER, WARD 2(2), JAIPUR

In the result, the appeal of the assessee is allowed

u/s 148 for re opening of the case\nis hereby held as devoid of any merit and is therefore rejected. The then AO was believed that there\nwas escapement of income amounting to Rs.1,65,00,440/- on account of accommodation entries from\nBanka Group. /-. Issue regarding issue of shares on premium & transaction made with M/s Alves\nSecurities

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

153 / 167 DTR 290 / (2020) 422 ITR 337 (Bom.) held that\n\"S. 147: Reassessment-Intimation-The AO cannot reopen on the basis of info received from DIT (Inv.)\nthat a particular entity has entered into suspicious transactions without linking it to the assessee having\nindulged in activity which could give rise to reason to believe that income has escaped