SHRI RAI SINGH SIHAG,JAIPUR vs. INCOME TAX OFFICER, WARD-3-1, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 441/Jp/2019 Assessment Year: 2007-08 Shri Rai Singh Sihag, Cuke I.T.O. Vs. B-105, Vaishali Nagar, Ward- 3(1), Jaipur. Jaipur. Pan No.: Bgvps 4485 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta & Shri S.L. Jain (Advs.) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 13/07/2017 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. The Reasons For Reopening Of The Assessment Not Valid :- That On The Facts & In The Circumstances Of The Case Ld. Ao Has Grossly Erred In Law & Facts In Invoking Action U/S 147.The Notice For Reassessment Is So Hastily Issued Without Examining The Correct Factual & Legal Position. The Action For Reassessment Is Often Made Without Application Of Mind Fairly & Objectively The Ao. Lakhmani Mewal Das 103 Itr 437 (Sc)

147 deserves to be Quashed. 6. On the other hand, the ld DR has relied on the orders of the authorities below and pleaded that the order of the ld. CIT(A) may be sustained. 7. The Bench have heard both the sides on this issue and perused the material available on the record. The Hon'ble Delhi High Court

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)

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, 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, 81belongs

MAHENDRA SHARMA,JAIPUR vs. ITO, WARD-3(1), JAIPUR

In the result, the appeal of the assessee is allowed

Section 147 and 148 Reopening of assessment – validity\nof - Notice - Objections – Recording of reasons and furnishing of reasons to be\nstrictly complied with – Failure on part of assessee to furnish reasons recorded to\nassessee when sought for Reassessment not valid Quashed Appeal\ndismissed.\"\n\nHon'ble Karnataka High Court in the case of Pr.CIT and Another vs V. Ramaiah

M/S. RAJDHANI CRAFTS,JAIPUR vs. ACIT, CIRCLE-4 JAIPUR

In the result, this appeal of the assessee is allowed

147 are concerned in this appeal. Except the notice dated 30/09/2011, 7 ITA 1281/JP/2019 M/s Rajdhani Crafts Vs ACIT the A.O. has not produced any material or record to show that the notice u/s 143(2) of the Act was issued after the return of income filed by the aseessee in response to notice U/s 148 of the Act. Thus

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

AJAY BAKLIWAL,KOTA vs. ACIT, CENTRAL CIRCLE, KOTA, KOTA

147 of the Act and\nnotice u/s 148 of the Act was issued earlier on 18.03.2017 is abated. The\nreopening of assessment is already held as valid in this order. Hence, the\nobjections of the appellant are not found to be acceptable.\nHon'ble Apex Court held in the Civil Appeal No. 6580 OF 2021 in the case\nof Principal

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

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

2 to new Section 148 is akin to Section 153A and Section 153C. Corollary being that after seizing of operational period of Section 153A to 153D, the cases being dealt thereunder were circumscribed in the scope of newly substituted Section 148. 29. The Department has not set up a case that for initiating proceedings under Section 148 it had material

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

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

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

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

section 147\nThe 2nd last para of the 1st page of the Jurisdictional AO's report is a para numbered (i),\nwhich deals with the limitation aspect, does not anywhere contradicts the proviso to\nsection 147 that restricts the ld. AO to take action u/s 147 after a lapse of four years if the\nassessment u/s 143(3) has earlier

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

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

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

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

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

153. 28. The language of explanation 2 to new section 148 is akin to section 153A and section 153C. Corollary being that after seizing of operational period of section 153A to 153D, the cases being dealt thereunder were circumscribed in the scope of newly substituted section 148. 29. The Department has not set up a case that for initiating proceedings

SHRI GOVIND NARAIN JOHARI,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: Although The Second Round Of Assessment Was Completed At The Directions Of Hon’Ble Itat.

147/- out of interest and bank charges without considering the submissions made and evidences adduced before him, thus disallowance so made needs to deleted. 5. On the facts and circumstances of the case, the ld. CIT (A) has grossly erred in confirming the disallowance made ld. AO of Rs. 22,47,127/- on account of interest paid on loan taken

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

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

153-A of the Act have been saved.\n\n3.\nHowever, so far as the prayer made on behalf of the Revenue to permit them to initiate\nthe reassessment proceedings is concerned, it is observed that it will be open for the\nRevenue to initiate the re-assessment proceedings in accordance with law and if it is\npermissible under

SAROJ DEVI HALDIYA,JAIPUR vs. ITO WARD-6(1), JAIPUR, JAIPUR

u/s 147/1448 of the Income-\ntax Act dated 13.12.2019 Assessing total Income at Rs 90,97,047/-.\n5. 2. It is further noted and as detailed in preceding para above that during\nthe appellate proceedings, the appellant has not furnished any substantial written\nsubmission or documentary evidence in support of its grounds of appeal\nchallenging the addition. The onus lies

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

In the result, appeal of the assessee is allowed

2), Jaipur\n(hereinafter referred to as 'learned AO') has erred in making addition amounting to Rs.\n15,95,000/- as unexplained investment under section 69A of the Income Tax Act, 1961\n(hereinafter referred to as \"Act') vide order passed under section 147 of the Act dated 30.09.2021\n(hereinafter referred to as 'assessment order).\n\nDetailed submission with

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

GIRIRAJKRIPA DEVELOPERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD-3(2), JAIPUR

In the result, appeal of the assessee is allowed

147, 148 and 149 of the Act from the corresponding Section 34 of the 1922 Act, the legal requirement of service of notice upon the Assessee in terms of Section 148 read with Section 282 (1) and Section 153 (2) of the Act is a jurisdictional pre-condition to finalizing the reassessment. (iv) The onus is on the Revenue