SHRI DIGAMBER JAIN ATIKSHAYA KESHTRA,PADAMPUA vs. ITO EXEMPTION WARD 1, KAILASH HEIGHTS

In the result appeal of the assessee is partly allowed

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

147 regarding assessment or reassessment of escaped income, he would keep on making roving inquiry and thereby including different items of income not connected or related with reasons to believe, on basis of which he assumed jurisdiction - Held, yes - Whether for every new issue coming before Assessing Officer during course of proceedings of assessment or reassessment of escaped income

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

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

reassessment order.”\nAccordingly, the proceedings-initiated u/s 263 deserves to be quashed.\n4. Alternatively, and without prejudice to above our submissions on\nmerits are as under:\nOn the issues raised by the Ld. CIT in the SCN, u/s 263 of the Act, on\nthe remaining four issues narrated at page 29 of the impugned order, the\nfollowing submissions were made

BRAND INDIA REAL ESTATE PRIVATE LIMITED,JAIPUR vs. INCOME TAX OFFICER WARD 6(1), JAIPUR

In the result, appeal of the assessee is allowed

u/s 143(3) of Income Tax Act, 1961. The assessee has fulfilled its duties\nby disclosing fully and truly all material fact and documents/books necessary for assessment. It\nis not obligation of the assessee to indicate and state what the legal inference can be drawn from\nsuch facts. In the present case, there was no indication that the assessee

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.

147 of I.T Act in- spite of the fact that no income chargeable to tax has escaped assessment for the assessment year 2010-11 by the reasons of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the said assessment year. 5.1 The ld. A/R further submitted that

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.

147 of I.T Act in- spite of the fact that no income chargeable to tax has escaped assessment for the assessment year 2010-11 by the reasons of failure on the part of the assessee to disclose fully and truly all material facts necessary for his assessment for the said assessment year. 5.1 The ld. A/R further submitted that

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

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

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

u/s 148 by the Pr. CIT, only the reasons recorded by the Ld. AO are available. Considering this it can be said that report of investigation wing was not considered by the Range head while moving forward reasons to the Pr. CIT and by Pr. CIT while granting permission of issuance of reason.  With reference to the allegation of fictious

GOYAL VEGOILS LIMITED ,KASAR ,KOTA vs. DCIT , CIRCLE -2, KOTA

In the result ground no. 2 & 3 raised by the assessee

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

147 of the Act is bad in law and needs to be quashed. 1.15 The Hon’ble ITAT, Surat in the case of Sandipkumar Parsottambhai Patel vs. ITO in ITA Nos. 08 & 09/SRT/2019 vide its judgement dated 29.11.2021, in exactly identical circumstances, following their earlier decision in the cases of Nishant Kantilal Patel & Muktaben Nishantbhai Patel has quashed the reassessment

BHOPAL SINGH SHEKHAWAT,JAIPUR vs. ITO, JAIPUR

u/s 147 of the Act. Hence, this additional ground of appeal is hereby rejected.” Therefore, the sufficiency and correctness of the material available with the Assessing Officer at the time of recording the reasons is not required to be considered while forming the belief that the income assessable to tax has escaped assessment. In view of the facts and circumstances

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

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

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

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

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

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

SHRI BHAGWATI PRASAD SHARMA,DAUSA vs. INCOME TAX OFFICER, WARD, DAUSA

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

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

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

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

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

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)

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

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

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

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

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

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

reassessment notice. The Hon’ble court thereafter, in para 4 considered the grounds of appeal urged by the revenue in support of the present appeal u/s 260A and finally in para 5 & 6 the Hon’ble Court was of the opinion that no substantial question of law arose and hence the appeal of the revenue was dismissed on both

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, AO embarked upon the same issue by means of a separate re-assessment proceedings without concluding the earlier proceedings

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTA vs. SH. NAVAL KISHORE, KOTA

In the result appeal filed by the assessee stands allowed and that of the revenue stands dismissed

reassessment proceedings, an assessee can neither claim nor be allowed a deduction that was not claimed in the original return. As such the assessment proceedings initiated on the basis of an action under Section 132 of the Act also cannot be utilised by the assessee to seek relief not claimed earlier. Further, Chapter XTV-B has been replaced

VIJIT SINGH,JAIPUR vs. ITO WARD 3(2) JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Reassessment proceedings and notice being bad in law\nwere quashed-Assessee's appeal allowed.\nAlso refer a recent judgment of this Honble ITAT in the case of Sh. Anshuman\nSingh v/s ACIT Circle-1 Jaipur in ITA No.733 & 739/JP/2023 dt.10.04.2024.\nTherefore the notice, reasons recorded, assessment all are the illegal bad void\nab-initio and barred by limitation and liable

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR vs. M/S N. M. AGROFOOD PRODUCTS PVT. LTD., SRIGANGANAGAR

In the result the appeal of the revenue is dismissed

192 has held that where two reasonable constructions of a taxing provision are possible, then the construction which favours the assessee must be adopted. 4. The Ld. D/R has filed a written synopsis where he has relied on certain decisions of Kerala High Court and admission of SLP filed by the department on this issue by the Hon'ble Supreme