DCIT, CC-2, JAIPUR vs. SHRI VIMAL CHAND SURANA(HUF), JAIPUR

In the result, the appeal of the revenue stands dismissed

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

section 147 of the Income Tax Act, 1961. Hence, in view of the above, it is fit case for re-assessment u/s 148 of the I.T Act”. 7 Shri Vimal Chand Surana HUF In this connection it is submitted that it is evident that reassessment proceedings initiated only on the direction of CIT (A) u/s 150 (1). However, this does

DCIT, JAIPUR vs. RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORPORTATION LTD., JAIPUR

In the result, the appeal of the assessee is allowed and Revenue

147 of the I.T. Act, 1961. 3. Issue notice u/s 148 for the A.Y. 2008-09 in which the sand transaction falls.” It is apparent that the reasons for issuing the notice u/s 154 as well as the reasons recorded for reopening of the assessment u/s 147/148 of the Act are same to re-compute the deduction u/s 80IA after

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

In the result, the appeal of the assessee is allowed and Revenue

147 of the I.T. Act, 1961. 3. Issue notice u/s 148 for the A.Y. 2008-09 in which the sand transaction falls.” It is apparent that the reasons for issuing the notice u/s 154 as well as the reasons recorded for reopening of the assessment u/s 147/148 of the Act are same to re-compute the deduction u/s 80IA after

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)

u/s 131 on the address of above companies requesting furnishing of books of accounts, details of bank accounts, copies of Kedia Builders and Colonizers Pvt. Ltd., Jaipur ITR and other documents, but the same could not be served due to non-existence of the companies on their respective given addresses. From the Database of the department, it is gathered that

ADITYA CEMENT,BEHROR vs. ITO, BEHROR

In the result, the appeal filed by the assessee is partly allowed

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

reassessment proceedings u/s 147 could have been undertaken as provided by Act. The A.O. chose it as a mistake apparent u/s 154 from the record which is not the applicable provision of law to facts looking from any angle, the mistake in order to be rectifiable should be a self-evident and mistake which is tried to be corrected

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

In the result, appeal of the assessee is allowed

Section 69 and therefore, the burden lies on the Assessing officer to prove that the investment by way of cash loans has infact taken place and the amount so invested belongs to the assessee and the burden is on the Revenue to first prove the said allegations by leading positive evidence. In this regard, our reference was drawn

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

In the result, appeal of the assessee is allowed

Section 69 and therefore, the burden lies on the Assessing officer to prove that the investment by way of cash loans has infact taken place and the amount so invested belongs to the assessee and the burden is on the Revenue to first prove the said allegations by leading positive evidence. In this regard, our reference was drawn

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

reassessment proceedings u/s 147/148, which is invalid and not covered by section 147. It may, therefore, please be appreciated that since there is material already on record which has been made the basis of rectification u/s 154

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)

reassessment proceedings on the same issue in the year 2013 and thereafter, completed the assessment by means of order u/s 143(3) read with section 147. On these facts it was held that during the continuation of the proceedings u/s 154

M/S ANGEL INFRASTRUCTURE (P) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeal of the assessee is partly allowed and the

147. 11 Reasons for the belief that the income Reasons as per annexure page has escaped assessment 1 to 11. In view of the reasons it is requested that necessary approval as laid down under sub-section (2) of Section 151 of the IT Act, 1961 may kindly be accorded. Dated 30-03-2016 (G P Awasthi), Income Tax Officer

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, JAIPUR vs. M/S. ANGEL INFRASTRUCTURE PRIVATE LIMITED, JAIPUR

In the result, appeal of the assessee is partly allowed and the

147. 11 Reasons for the belief that the income Reasons as per annexure page has escaped assessment 1 to 11. In view of the reasons it is requested that necessary approval as laid down under sub-section (2) of Section 151 of the IT Act, 1961 may kindly be accorded. Dated 30-03-2016 (G P Awasthi), Income Tax Officer

G.S. DREAM HOME LLP,AJMER vs. DCIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal of the assesee is partly allowed

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

reassessment proceedings on the same issue in the year 2013 and thereafter, completed the assessment by means of order u/s 143(3) read with section 147. On these facts it was held that during the continuation of the proceedings u/s 154

INCOME TAX OFFICER, JAIPUR vs. VINOD KUMAR JHARCHUR HUF, JAIPUR

In the result, the ground raised by the assessee in the application filed under rule 27

reassessment proceedings initiated under section 147 of the Act on various reasons/ grounds. Thus there was an only a single technical issue before the Ld.CIT (A) which was challenged/ argued by the assessee but from different angles/propositions. The Ld. CIT (A) decided the technical issue in favor of the assessee on other reasons except for the issue on hand

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

u/s 148 he accepts the contention of the assessee and holds that the income for which he had initially formed a reason to believe that income has escaped assessment has as a matter of fact not escaped assessment, it is not open to him to independently assess some other income. And if he intends to do so a fresh notice

SUSHILA DEVI JANGID,JAIPUR vs. ITO, WD 7(2), JAIPUR

In the result, the appeal of the assessee is allowed for statistical purposes

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकरअपीलसं. / ITA. No. 374/JP/2025 निर्धारणवर्ष / AssessmentYears : 2010-11 Smt. Sushila Devi Jangid 65, Koshaliya Vihar Hajyawala,Muhana Mandi Ke Pass, Sanganer, Jaipur 302 029 बनाम Vs. The ITO Ward 7(2) Jaipur अपीलार्थी / Appellant प्रत्यर्थी / Respondent स्थायीलेखा सं. / जीआईआरसं./PAN/GIR No.: AFMPJ 2091 P निर्धारिती की ओरसे / Assesseeby : Shri Utkarsh Mishra, Advocate राजस्व की ओरसे / Revenue by :Shri Gautam Sing

Reassessment proceedings u/s 147 of the Act for relevant A.Y still reflect as on-going proceedings under ‘For your action’ list on ‘e-proceedings’ tab on the Income Tax profile of the assessee. Also, there is no Order u/s 144 r.w.s 147 dated 24.12.2017 available under ‘For your information’ list on ‘e- proceedings’ tab on the income tax profile

SYLVAN GREENS PRIVATE LIMITED,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 6, JAIPUR

In the result, the appeal of the assessee is allowed

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

147 shall apply as they apply for the purposes of that section.] (2) The provisions of sub-section (1) as to the issue of notice shall be subject to the provisions of section 151. In Kanubhai M. Patel (HUF) v. Hiren Bhatť [2011] 12 taxmann.com 198/202 Taxman 99/334 ITR 25 (Guj.), it was held by the Gujarat High Court that

DEPUTY COMMISSIONER OF INCOME TAX , JAIPUR vs. BHARAT SPUN PIPE AND CONSTRUCTION COMPANY, JAIPUR

In the result the appeal of the revenue in ITA no

reassess\ncannot sustain.\"\n\n4.\nHon'ble High Court of Calcutta in the case of Excel Commodity and\nDerivative Pvt. Ltd vide appeal no. APOT/132/2022 & IA No.GA/1/2022 dated\n29.08.2022 held as under:\n\n“.......the information has been lightly used which resulted in issuance of notice.\nAs pointed out earlier, the assessee had submitted the explanation to the notice

SHIV VEGPRO PRIVATE LIMITED ,KOTA vs. PCIT-UDAIPUR , UDAIPUR

In the result, the appeal filed by the assessee is allowed

154 of the Act (though\nnot conceding) instead of invoking Section 263. In this regard kindly refer\nto the case of CIT vs. Amitabh Bachchan [2016] 286 CTR (SC) 113,\nwherein it is held that:\n“9. Under the Act different shades of power have been conferred on\ndifferent authorities to deal with orders of assessment passed by the\nprimary

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

In the result, the appeal of the assessee is allowed

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

154 of the Act. On 24.12.2019. 3 Ajay Bakliwal vs. ACIT 2.2 As there was difference of Rs. 3,00,00,000/- between ITR filed under section 153A and 139 of the IT. Act, 1961, the ld. AO considered the additional income so disclosed liable for penalty proceedings u/s 270A of the Act for under reporting of income and thereby