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 148 of the Act on\n28/03/2019 merely as a process of review, the reassessment is not legally invalid. The\nappellant relied on various judicial decisions that the AO cannot reopen concluded\nassessment merely to re-examine any transaction for non-application of his mind on the\nmaterials already with him.\n\n5.13 The Hon’ble Supreme Court

VINITA BAJORIA,JAIPUR vs. INCOME-TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 370/JP/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Vinita Bajoria 1, Ganesh Colony Moti Doongri Road, Jaipur बनाम Income Tax Officer, Ward 5(2), Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AEBPB4873M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Manoj Choudhary, CA राजस्व की ओर से / Revenue by : Sh. Gorav Avasthi, JCIT सुनवाई की तारीख / Date of Hear

Reassessment Order u/s 147 r.w.s. 144 (Annexure-Q) 127 to 137 22. Copy of Computation Sheet appended to the Re-assessment 138 to 140 Order (Annexure-R) 23. Compilation of Judicial Precedents Relied Upon 141 to 394 24. Supporting Affidavit of the Assessee 395 7. The ld. AR of the assessee in addition to the above written submission so filed

JAI DEEP SINGH,JAIPUR vs. INCOME TAX OFFICER, WARD-7-2, JAIPUR

In the result, the appeal of the assessee is allowed

reassessment proceedings has been initiated on mere change of opinion is incorrect as mere production of books of accounts or other evidence from which the AO could have with due diligence discovered the material evidence does not necessarily amount to disclosure within meaning of proviso to section 147 of the Act. (f) AO has issued notice u/s

KRISHNA BUILD HOME PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER, WARD 4(2), JAIPUR, JAIPUR

Bench: The Learned Ao, The Reassessment Proceeding Is Illegal, Bad In Law, Without Jurisdiction & Is Based On Wrong Facts & On Change Of Opinion & In Gross Violation Of Proviso To S. 147 Of The It Act, Which Says No Action Can Be Taken M/S. Krishna Build Home Pvt. Ltd., Jaipur.

reassessment proceedings initiated by the AO by mere change of opinion is patently illegal, cannot be faulted with. 13. The ITAT having arrived at the categorical finding that reopening of the completed assessment without any fresh material, merely on the basis of change of opinion of the AO, is without jurisdiction and erroneous, the appeal preferred by the Revenue

KRISHNA BUILD HOME PRIVATE LIMITED,JAIPUR vs. ASST. COMMISSIONER OF INCOME TAX (HOLDING CHARGE OF ITO WARD 4(2)), JAIPUR

Bench: The Learned Ao, The Reassessment Proceeding Is Illegal, Bad In Law, Without Jurisdiction & Is Based On Wrong Facts & On Change Of Opinion & In Gross Violation Of Proviso To S. 147 Of The It Act, Which Says No Action Can Be Taken M/S. Krishna Build Home Pvt. Ltd., Jaipur.

reassessment proceedings initiated by the AO by mere change of opinion is patently illegal, cannot be faulted with. 13. The ITAT having arrived at the categorical finding that reopening of the completed assessment without any fresh material, merely on the basis of change of opinion of the AO, is without jurisdiction and erroneous, the appeal preferred by the Revenue

M/S. BANSIWALA IRON & STEEL ROLLING MILLS,JAIPUR vs. DCIT, CIRCLE-3,, 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. 1388/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2008-09 Cuke M/S Bansiwala Iron & Steel Rolling Mills, D.C.I.T., 2Nd Floor, Somani Building, S.C. Link Vs. Circle-3, Road, Loha Mandi, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Aadfb 2375 A Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Mahendra Gargieya & Shri Dewang Gargieya (Advs) Jktlo Dh Vksj Ls@ Revenue By: Shri Rajendra Singh (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 06/09/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/09/2021 Vkns'K@ Order

reassessment proceedings were initiated only on the basis of information received from the investigation wing of the department. In the present case, the satisfaction regarding the escapement of income, was not of the Assessing Officer, therefore, without applying his mind, the Assessing Officer was not justified in invoking the provisions of Section 147 of the Act by issuing notice u/s

SH. MUKUT BEHARI AGARWAL,JAIPUR vs. THE DCIT, CIRCLE 1, JAIPUR

In the result, the appeals of the assessee is allowed as indicated hereinabove

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

section 147 of the Act is bad in law and the re- assessment order is quashed. As we have quashed the reassessment on the preliminary legal ground of jurisdiction, various other grounds raised by the assessee on merits are not decided as they become only academic at this stage. Ground nos. 1 to 5 are allowed.” Further we rely

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

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)

147 and 263A harmonious construction of the entire provisions of s. 153A would lead to an irresistible conclusion that the word ‘assess’ has been used the context of abated proceedings and ‘reassess’ has been used for completed assessment proceedings which do not abate as they are not pending on the date of initiation of the search or making of requisition

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)

147 and 263A harmonious construction of the entire provisions of s. 153A would lead to an irresistible conclusion that the word ‘assess’ has been used the context of abated proceedings and ‘reassess’ has been used for completed assessment proceedings which do not abate as they are not pending on the date of initiation of the search or making of requisition

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)

147 and 263A harmonious construction of the entire provisions of s. 153A would lead to an irresistible conclusion that the word ‘assess’ has been used the context of abated proceedings and ‘reassess’ has been used for completed assessment proceedings which do not abate as they are not pending on the date of initiation of the search or making of requisition

ALOK KUMAR JAIN ,PEARL PLEASURE vs. ACIT CIR-6, JAIPUR, NEW CERNTRAL REVENUE BUILDING, BHAGWAN DASS ROAD, JAIPUR, RAJASTHAN,

Bench: Him.

156 taxmann.com proceedings i.e., the impugned Alok Kumar Jain vs. ACIT/DCIT 178 (TELANGANA): proceedings under section 148A of the Act, as well as the consequential notices under section 148 of the Act were issued by the local jurisdictional officer and not in the prescribed faceless manner. The order under section 148A(d) of the Act and the notices under section

SHRI SURESH KUMAR CHAWLA,JAIPUR vs. ITO, WARD -6(3), JAIPUR

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

section 132” 1.3 S. 153C starts with a non obstante clause and therefore, is of overriding in nature. S. 153C overrides S. 139,147, 148, 149, 151 and 153 of the Act. Accordingly, notice u/s 153A shall be issued in the case of a person searched, whereas notice u/s 153C has to be issued in the case of 3rd person

ASHA SHARMA,JAIPUR vs. ITO, WARD-2(3), JAIPUR

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

section 132” 1.3 S. 153C starts with a non obstante clause and therefore, is of overriding in nature. S. 153C overrides S. 139,147, 148, 149, 151 and 153 of the Act. Accordingly, notice u/s 153A shall be issued in the case of a person searched, whereas notice u/s 153C has to be issued in the case of 3rd person

SMT. SAROJ DHAKA,JAIPUR vs. ITO, WARD-6(3), JAIPUR

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

section 132” 1.3 S. 153C starts with a non obstante clause and therefore, is of overriding in nature. S. 153C overrides S. 139,147, 148, 149, 151 and 153 of the Act. Accordingly, notice u/s 153A shall be issued in the case of a person searched, whereas notice u/s 153C has to be issued in the case of 3rd person

SHRI ARVIND KUMAR SENGWA,AJMER vs. INCOME TAX OFFICER, WARD-2-1, AJMER

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

section 132” 1.3 S. 153C starts with a non obstante clause and therefore, is of overriding in nature. S. 153C overrides S. 139,147, 148, 149, 151 and 153 of the Act. Accordingly, notice u/s 153A shall be issued in the case of a person searched, whereas notice u/s 153C has to be issued in the case of 3rd person

SHRI KAILASH CHAND GEHLOT,JAIPUR vs. ITO, WARD-5(3) JAIPUR

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

section 132” 1.3 S. 153C starts with a non obstante clause and therefore, is of overriding in nature. S. 153C overrides S. 139,147, 148, 149, 151 and 153 of the Act. Accordingly, notice u/s 153A shall be issued in the case of a person searched, whereas notice u/s 153C has to be issued in the case of 3rd person

SHRI SHRINIVAS TRIPATHI,AJMER vs. INCOME TAX OFFICER, AJMER

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

section 132” 1.3 S. 153C starts with a non obstante clause and therefore, is of overriding in nature. S. 153C overrides S. 139,147, 148, 149, 151 and 153 of the Act. Accordingly, notice u/s 153A shall be issued in the case of a person searched, whereas notice u/s 153C has to be issued in the case of 3rd person