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)

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, section 147

SHRI MADHO LAL SAINI,JAIPUR vs. ITO, WARD-2(3), JAIPUR

In the result, the appeals of the assessees are allowed

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

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, section 147

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 147 r.w.s 148? Ground No. 1 Whether on the facts and circumstances of the case, the Ld. CIT(A) is justified in quashing the reopening and reassessment under Section 147 of the Act ignoring that the case was reopened as per clause (c) of Explanation 2 to Section 147 and with the Kedia Builders and Colonizers Pvt. Ltd., Jaipur

SHRI KALYAN BUILDMART PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeals of the assessee are allowed and appeals of the revenue are dismissed

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, section 147

ACIT, JAIPUR vs. SHRI KALYAN BUILDMART PVT. LTD., JAIPUR

In the result, appeals of the assessee are allowed and appeals of the revenue are dismissed

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, section 147

SHRI KALYAN BUILDMART PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result, appeals of the assessee are allowed and appeals of the revenue are dismissed

reassess the income of the assessee is based on the seized material and statement of Shri Madan Mohan Gupta recorded u/s 132(4) of the Act for which the specific remedy is provided u/s 153C of the Act. For ready reference we quote section 153C as under:- “ 153C. 79[(1)] 80[Notwithstanding anything contained in section 139, section 147

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

reassessment u/s 147 of the Act ignoring that the\nreason to belief of the AO is founded on information which has been received by\nthe AO after completion of assessment, which is a sound foundation for\nexercising power u/s 147 r.w.s 148?\n2.3 In ITA No. 874/JP/2024 the revenue has raised the following grounds;\n1 Whether on the facts

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

In the result, all appeals of the revenue are stands dismissed

reassessment u/s 147 of the Act ignoring that the\nreason to belief of the AO is founded on information which has been received by\nthe AO after completion of assessment, which is a sound foundation for\nexercising power u/s 147 r.w.s 148?\n\n2.3 In ITA No. 874/JP/2024 the revenue has raised the following grounds;\n\n1 Whether

INCOME TAX OFFICER, JAIPUR vs. KEDIA BUILDERS AND COLONIZERS PRIVATE LIMITED, JAIPUR

reassessment u/s 147 of the Act ignoring that the\nreason to belief of the AO is founded on information which has been received by\nthe AO after completion of assessment, which is a sound foundation for\nexercising power u/s 147 r.w.s 148?\n2.3 In ITA No. 874/JP/2024 the revenue has raised the following grounds;\n1 Whether on the facts

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

In the result, appeal of the assessee is allowed

u/s 147 instead of section 153C of the Income Tax Act, 1961. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment proceedings being illegal and without jurisdiction.” ITA Nos. 1190 & 1298/JP/2019 & 66/JP/2020 3 Sh. Prakash Chand Kothari, Jaipur vs. DCIT, Jaipur

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

In the result, appeal of the assessee is allowed

u/s 147 instead of section 153C of the Income Tax Act, 1961. The action of the ld. AO is illegal, unjustified, arbitrary and against the facts of the case. Relief may please be granted by quashing the reassessment proceedings being illegal and without jurisdiction.” ITA Nos. 1190 & 1298/JP/2019 & 66/JP/2020 3 Sh. Prakash Chand Kothari, Jaipur vs. DCIT, Jaipur

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)

sections of 153C of the Act and therefore consequential order passed u/s 147 of the Act is bad in law and deserves to be quashed. 1.4. That, the Ld. CIT(A) has further erred in confirming the action of ld. AO in reopening the assessment, beyond the specified time line. Thus, the reassessment proceedings initiated is time barred and entire

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassess total income of such other person of such assessment year in the manner provided in section 153A.” 4. Section 153C of the Act begins with a non-obstante clause and overrides sections 139, 147, 148, 149, 151, and 153. It mandates that if during a search (initiated on or before 31st March, 2021], any books of account, documents

DINESSH KUMAR SHARMA,JAIPUR vs. ITO, WARD4(2), JAIPUR

In the result, appeal of the assessee is allowed

u/s 147 has been provided, however no such copy was furnished to\nthe appellant during assessment proceedings.\n\n2.5 In view of above, it is evident that the notice under section 147 and further assessment\nproceedings were invalid.\n\nGround of Appeal No. 2-\n\nThat the Ld. Assessing Officer is not justified making addition amounting to Rs.15

ACIT, ALWAR vs. M/S PRIME CHEM OIL LTD.,, ALWAR

4. Firstly, we will take up the issue regarding jurisdiction of Assessing officer to assess other income which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under section 147 of the Act. 5. The relevant provisions under consideration are Section 147 of the Act and the Explanation 3 to section 147

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, A person other than

DCIT, CC-1, JAIPUR vs. M/S. DANGAYACH HOTELS PRIVATE LIMITED, JAIPUR

In the result, the appeal of the Revenue is dismissed

147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that,- (a) any money, bullion, jewellery or other valuable article or thing, seized or requisitioned, belongs to; or (b) any books of account or documents, seized or requisitioned, pertains or pertain to, or any information contained therein, relates to, a person other than

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)

section 148, before making the assessment u/s 147, the AO is required to serve on the assessee a notice requiring him to furnish return of his income. Thus service of notice u/s 148 is a condition precedent to make the assessment u/s 147. In the present case, as evident from the assessment order, AO issued notice u/s

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

The appeal stands allowed

section 148, before making the assessment u/s 147, the AO is required to serve on the assessee a notice requiring him to furnish return of his income. Thus service of notice u/s 148 is a condition precedent to make the assessment u/s 147. In the present case, as evident from the assessment order, AO issued notice u/s