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

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)

147 of the Act is void-ab-initio and addition so made deserves to be deleted outrightly. Reassessment is done in violation to provisions of section 151A of the Act In this regard it is submitted that assessment in the present case has been reopened as well as completed without following provisions of section 151A, which provides procedure for “Faceless

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)

147 and other grounds of appeal raised by the assessee.” In view of above, notice issued u/s 148 without serving the notice and the consequential assessment order passed by non jurisdictional AO be quashed. Ground No.2 The Ld. CIT(A), NFAC has erred on facts and in law in confirming the addition of Rs.5,26,000/- u/s

SH. HARI PRAKASH GUPTA,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

reassessment proceedings.\nReassessment proceedings as also subsequent recovery of tax are quashed and\nset aside.\nMrs. ShubhashriPanickerVs. CIT (2018) 166 DTR 1 (Raj.) (HC)\nNotice under sec. 148 having been sent to an address where the assessee was\nnot residing, presumption of service cannot be drawn.\nCIT Vs. ITC Hotels (2015) 231 Taxman 57 (Kar.) (HC)\nWhen notice u/s

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

163 taxmann.com 294 (Calcutta) (21-05-2024]\nheld that where Assessing Officer while passing original assessment order under\nsection 143(3) was totally silent on liability of assessee to tax under section 115JB\nand he neither noticed provisions of section 115JB nor formed any opinion with\nregard to liability to tax of assessee on book profit, assessment order was\nnonspeaking

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

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)

163 taxmann.com 478 (Gauhati) Held: Where in notice under section 148 issued upon assessee, name of Income Tax Officer who was Assessing Officer had been reflected, impugned notice reflecting name of concerned Income Tax Officer was contrary to provisions of section 151A and schemes framed thereunder, whereby Income Tax Authority was required to undertake these proceedings in a ‘faceless’ manner

RAM RATAN JANGIR,AMER vs. INCOME TAX OFFICER, WARD -7(2), JAIPUR

In the result ground no. 1 raised by the

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment proceedings on basis of subsequent information were justified- held yes. Whereas in the case under consideration there was no further information available with ld. AO that triggered him to issue notice u/s 148 of the Act. Complete details about loans and advances made by the assessee and the fact of availability of interest free unsecured loans was duly made

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

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

163 Taxman 399 (Raj) • CIT vs. Jai Kumar Bakliwal 45 taxmann.com 203 ( Raj. HC) • ITO vs. Smt. Ratan Kanwar ITA No. 334/JP/2014 dated 16.06.2017 11. In addition to the above written submission the ld. AR of the assessee submitted that in the case of Smt. Ratan Kanwar the transaction is already reflected in the regular books of account

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

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

163 Taxman 399 (Raj) • CIT vs. Jai Kumar Bakliwal 45 taxmann.com 203 ( Raj. HC) • ITO vs. Smt. Ratan Kanwar ITA No. 334/JP/2014 dated 16.06.2017 11. In addition to the above written submission the ld. AR of the assessee submitted that in the case of Smt. Ratan Kanwar the transaction is already reflected in the regular books of account

ACIT, JAIPUR vs. RATAN KANWAR RATNAWAT, JAIPUR

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

163 Taxman 399 (Raj) • CIT vs. Jai Kumar Bakliwal 45 taxmann.com 203 ( Raj. HC) • ITO vs. Smt. Ratan Kanwar ITA No. 334/JP/2014 dated 16.06.2017 11. In addition to the above written submission the ld. AR of the assessee submitted that in the case of Smt. Ratan Kanwar the transaction is already reflected in the regular books of account

ACIT, JAIPUR vs. RATAN KANWAR RATNAWAT, JAIPUR

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

163 Taxman 399 (Raj) • CIT vs. Jai Kumar Bakliwal 45 taxmann.com 203 ( Raj. HC) • ITO vs. Smt. Ratan Kanwar ITA No. 334/JP/2014 dated 16.06.2017 11. In addition to the above written submission the ld. AR of the assessee submitted that in the case of Smt. Ratan Kanwar the transaction is already reflected in the regular books of account

INCOME TAX OFFICER, WARD-1-5, JAIPUR vs. SHRI BANWARI LAL SHARMA, JAIPUR

In the result, both the appeals filed by the assessee and Revenue are disposed off in light of aforesaid directions

reassessment.] 21. It was submitted that section 292BB is an exclusive definition and specifically provides that a notice shall be deemed to be served in a situation that assessee has cooperated/ attended / participated in assessment/ re assessment proceedings and no objection regarding non receipt of notice was filed during assessment stage. In other words, section 292BB cures only procedural infirmities

SHRI BANWARI LAL SHARMA,JAIPUR vs. INCOME TAX OFFICER, WARD-1-5, JAIPUR

In the result, both the appeals filed by the assessee and Revenue are disposed off in light of aforesaid directions

reassessment.] 21. It was submitted that section 292BB is an exclusive definition and specifically provides that a notice shall be deemed to be served in a situation that assessee has cooperated/ attended / participated in assessment/ re assessment proceedings and no objection regarding non receipt of notice was filed during assessment stage. In other words, section 292BB cures only procedural infirmities

ASHOK KUMAR JAIN,KOTA vs. ITO WD-2(1), KOTA, KOTA

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

163/-) should not be added to\nthe total income of the assessee attracting the provisions of section 50C of the Act.\nHowever, the assessee remained silent on this issue. Hence, it was assumed that\nassessee has nothing to say in this regard and an amount of Rs.7,43,837/- added to\nthe total income of the assessee for violation

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

147\nOrder u/s\n143(3)\nOrder u/s\n143(3)\nwhich notice issued\nAuthority issuing\nnotice\nACIT, Circle-\n1, Jaipur\nACIT, Circle-\n1, Jaipur\nACIT, Circle-1,\nJaipur\nACIT, Circle-\n1, Jaipur\nACIT, Circle-\n1, Jaipur\nFrom perusal of above, it is evident that the assessment in the present case has\nbeen reopened as well as completed without following provisions

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

147\nOrder u/s\n143(3)\nOrder u/s\n143(3)\nAuthority issuing\nnotice\nACIT, Circle-\n1, Jaipur\nACIT, Circle-\n1, Jaipur\nACIT, Circle-1,\nJaipur\nACIT, Circle-\n1, Jaipur\nACIT, Circle-\n1, Jaipur\nFrom perusal of above, it is evident that the assessment in the present case has\nbeen reopened as well as completed without following provisions of section\n151A, which

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMSSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

147\nOrder u/s\n143(3)\nOrder u/s\n143(3)\nAuthority issuing\nnotice\nACIT, Circle-\n1, Jaipur\nACIT, Circle-\n1, Jaipur\nACIT, Circle-1,\nJaipur\nACIT, Circle-\n1, Jaipur\nACIT, Circle-\n1, Jaipur\nFrom perusal of above, it is evident that the assessment in the present case has\nbeen reopened as well as completed without following provisions of section\n151A, which