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

In the result, appeal of the assessee is allowed

269 (MP) Income-Cash credit-Share\napplication money-Assessee has duly established the identity and source of credits—Additions\nnot sustainable.\n(vi) CIT_v/s_Arunanda Textiles (P) Ltd., 333 ITR 116 (Karnataka) Share application\nmoney-Assessee able to identify the shareholders—It is not for the assessee-company to\nestablish but it is for the Department to enquire with

PINCITY JEWLHOUSE PVT. LTD.,JAIPUR vs. PCIT, CC, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: the date of hearing." 3. At the outset of hearing, the Bench observed that there is delay of 58 days in filing of the present appeal by the assessee for which the Id. AR of 3

reassess the earlier assessment in terms of section 147 or carry out rectification u/s 154 of the Act. He can’t usurp the power of the CIT and recommend a revision. No overlapping of powers of the authorities under the Act can be permitted. As the revision proceedings in this case have triggered with the AO sending a proposal

OM PRAKASH AGARWAL,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX,JAIPUR-1, JAIPUR

In the result, the appeal is allowed

Bench: Us. In This Appeal The Assessee Has Raised The Following Grounds Of Appeal:-

269 ITR 71 (Allahabad) assessment proceedings under section 143(3) 26 OM Prakash Agarwal 2004 and admitted that he could not make proper enquiries as assessment was becoming time- barred, there was valid assumption of jurisdiction under section 263 by Commissioner, and Tribunal, in such a situation, did not commit any error in law in confirming order of Commissioner

CREATIVE REALMART PVT. LTD.,JAIPUR vs. ITO, WARD-3(5), JAIPUR, JAIPUR

section\n68, with respect to the share application monies received by an\nassessee.\n9.6 It would thus appear that the appellant is not really right in\napproaching on the basis as if the onus is on the Assessing Officer to\nprove the alleged money laundering racket an onus that may perhaps\nbe relevant only when the money laundering racket

TIJARIA POLYPIPES LIMITED,JAIPUR vs. DCIT CIRLCE 4, JAIPUR

u/s 147 is justified.\n1. What is to be seen at the stage of recording the reasons is existence of belief\nbased on faithful appreciation of material which has link to an income escaping\nassessment, but not the established fact of escapement of income by detailed\ninvestigation or legal analysis. In other words, at the point of time of initiating

JUHI BHANDARI, JAIPUR,JAIPUR vs. DCIT CIRCLE (INTL TAX), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

147 was available up to 31/03/2023\nand thus, the final assessment order passed by the Assessing Officer u/s\n144 r.w.s.144C dated 19.01.2024 is clearly barred by limitation.\n11. In this view of the matter and considering the facts and circumstances\nand also by following the decision of the Hyderabad Bench of the Tribunal\nin the case of Shri Syed Gulam

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. SAPNA KARNANI, TONK PHATAK

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

147, 148, 149, 151 & 153.\n28. The language of explanation 2 to new Section 148 is akin to Section 153A and\nSection 153C. Corollary being that after seizing of operational period of Section 153A to\n153D, the cases being dealt thereunder were circumscribed in the scope of newly\nsubstituted Section 148.\n29. The Department has not set up a case

SH. DILEEP GANGWAL,B-138, VIJAY PATH, TILAK NAGAR, JAIPUR vs. ITO, WARD-6(1), JAIPUR

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

269/-. Against the order u/s 143(3) r.w.s. 147 of the Act, the assessee preferred present appeal. 3… 4… 5.. 6. Decision 6.1 It is observed from the assessment order the ld. AO has added an amount of Rs.5,79,979/- on account of unexplained investments. The learned AO did not accept the submissions of the appellant that

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. SAPNA KARNANI, TONK PHATAK

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

147, 148, 149, 151 & 153.\n\n28. The language of explanation 2 to new Section 148 is akin to Section 153A and\nSection 153C. Corollary being that after seizing of operational period of Section 153A to\n153D, the cases being dealt thereunder were circumscribed in the scope of newly\nsubstituted Section 148.\n\n29. The Department

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. SAPNA KARNANI, TONK PHATAK

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

147, 148, 149, 151 & 153.\n28. The language of explanation 2 to new Section 148 is akin to Section 153A and\nSection 153C. Corollary being that after seizing of operational period of Section 153A to\n153D, the cases being dealt thereunder were circumscribed in the scope of newly\nsubstituted Section 148.\n29. The Department has not set up a case

M/S RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD.,VIDYUT BHAWAN, JAN PATH, JYOTI NAGAR, JAIPUR vs. DCIT, CIRCLE-6, , JAIPUR

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

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

reassessment proceedings ,the AO issued notice u/s 142(1) dt.03.10.2019requiring the assessee to justify the write-off of Rs.200 crore due from Ajmer Vidyut Vitran Nigam Limited in its books of account as bad debts. He further required the assessee to provide proof of including this amount in computing the income for earlier years.In response to same, assessee filed

FARMAN KHAN,CHAKSU vs. INCOME-TAX OFFICER WARD 7(3), JAIPUR

In the result, the appeal of the assessee is allowed

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

reassessed u/s 147 /144B vide order dated 27.03.2023, by the Faceless Assessing officer (FAO) at the Returned Income itself.In other words, all transactionswere found disclosed and the explanations were accepted, and so no unaccounted income /Black money or evasion of tax was found by the FAO.A copy of the assessment order A.Y. 2018-19 is enclosed (As Annexure

INCOME TAX OFFICER, WARD-7(2), JAIPUR, JAIPUR vs. AMAR PRATAP STEELS PRIVATE LIMITED, JAIPUR

Bench: Him The Order Passed Under Section 143(3) R.W.S

147 of the Income Tax Act, 1961 was initiated by issue of notice u/s 148 of the Act on 17.03.2015 which was duly served on 24.03.2015. Subsequently. notice u/s 142(1) and along with questionnaire was issued to the assessee and also notice u/s 143(2) was issued. Pursuant to those notices the assessee filed the reply and also objected

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

269/- Mantri 2011-12 16/JPR/2020 1 to 1.2 2,86,948/- In grounds of Cross Objections pertaining to this issue, assessee has challenged the action of ld. CIT(A) in upholding the addition made by ld.AO by alleging the CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri same as interest payment out of undisclosed sources of income

ACIT,CC-4, JAIPUR vs. SHRI RAMESH KUMAR MANTRI, JAIPUR

In the result appeals of the revenue are dismissed and the cross

269/- Mantri 2011-12 16/JPR/2020 1 to 1.2 2,86,948/- In grounds of Cross Objections pertaining to this issue, assessee has challenged the action of ld. CIT(A) in upholding the addition made by ld.AO by alleging the CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri same as interest payment out of undisclosed sources of income

ACIT, CC-4, JAIPUR vs. SMT. SUNITA AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

269/- Mantri 2011-12 16/JPR/2020 1 to 1.2 2,86,948/- In grounds of Cross Objections pertaining to this issue, assessee has challenged the action of ld. CIT(A) in upholding the addition made by ld.AO by alleging the CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri same as interest payment out of undisclosed sources of income

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

269/- Mantri 2011-12 16/JPR/2020 1 to 1.2 2,86,948/- In grounds of Cross Objections pertaining to this issue, assessee has challenged the action of ld. CIT(A) in upholding the addition made by ld.AO by alleging the CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri same as interest payment out of undisclosed sources of income

ACIT, CC-4, JAIPUR vs. SHRI MUKUT BEHARI AGARWAL, JAIPUR

In the result appeals of the revenue are dismissed and the cross

269/- Mantri 2011-12 16/JPR/2020 1 to 1.2 2,86,948/- In grounds of Cross Objections pertaining to this issue, assessee has challenged the action of ld. CIT(A) in upholding the addition made by ld.AO by alleging the CO No. 15 & 16/JP2020 & others ACIT vs. Sh. Ramesh Kumar Mantri same as interest payment out of undisclosed sources of income