SIYARAM EXPORTS INDIA PRIVATE LIMITED,JAIPUR vs. ITO WARD 6(4), JAIPUR, JAIPUR

147 r.w.s. 143(3) 2013-14 151/JPR/2024 20.12.2023 31.03.2015 u/s 144/142(1) 2012-13 467/JPR/2018 01.12.2017 23.03.2015 u/s 144 r.w.s 153A 2013-14 468/JPR/2018 02.02.2018 23.03.2015 u/s 144 r.w. 153B(1)(b) 2008-09 352/JPR/2018 01.01.2018 31.03.2015 u/s 143(3) r.w.s. 153A 4 ITA No. 331/JPR/2017 & 435 to 440/JPR/2018 ITA No. 467,468 & 352/JPR/2018 & 145 & 151/JPR/2024 2. Since the issues

SHRI SATISH CHANDRA KATTA,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

147 r.w.s. 143(3) 2013-14 151/JPR/2024 20.12.2023 31.03.2015 u/s 144/142(1) 2012-13 467/JPR/2018 01.12.2017 23.03.2015 u/s 144 r.w.s 153A 2013-14 468/JPR/2018 02.02.2018 23.03.2015 u/s 144 r.w. 153B(1)(b) 2008-09 352/JPR/2018 01.01.2018 31.03.2015 u/s 143(3) r.w.s. 153A 4 ITA No. 331/JPR/2017 & 435 to 440/JPR/2018 ITA No. 467,468 & 352/JPR/2018 & 145 & 151/JPR/2024 2. Since the issues

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

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

RAMAKANT SHARMA,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 264/Jp/2017 Assessment Year: 2007-08 Shri Ramakant Sharma, Cuke I.T.O., Vs. S/O- Shri Ramesh Chand Sharma, 1 Ward-3(5), Vimal Kunaj, Vidyut Nagar, Behind Jaipur. Bharat Petrol Pump, Jaipur. Pan No.: Bjrps 5130 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vedant Agarwal (Adv) & Shri Satish Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 26/11/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 05/12/2016 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act. 2. On The Facts & Circumstances Of The Case & In Law Also Ld. A.O. Grossly Erred In Resuming Jurisdiction Without Serving Notice U/S 148 On The Appellant Assessee As Notice Issued U/S 148 Was Not Served On The Appellant.

section 50C ignoring the fact that transfer was made vide sale agreement on dated 22.01.2006. 12. On the facts & circumstances of the case and law also ld. Ld. CIT (A) grossly erred in modifying the assessment order passed u/s 147/143(3) of the Act to the order passed u/s 147/144 of the Act without giving any opportunity for same

M/S ANGEL INFRASTRUCTURE (P) LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, JAIPUR

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

147. 11 Reasons for the belief that the income Reasons as per annexure page has escaped assessment 1 to 11. In view of the reasons it is requested that necessary approval as laid down under sub-section (2) of Section 151 of the IT Act, 1961 may kindly be accorded. Dated 30-03-2016 (G P Awasthi), Income Tax Officer

ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE-2, JAIPUR vs. M/S. ANGEL INFRASTRUCTURE PRIVATE LIMITED, JAIPUR

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

147. 11 Reasons for the belief that the income Reasons as per annexure page has escaped assessment 1 to 11. In view of the reasons it is requested that necessary approval as laid down under sub-section (2) of Section 151 of the IT Act, 1961 may kindly be accorded. Dated 30-03-2016 (G P Awasthi), Income Tax Officer

GIRIRAJKRIPA DEVELOPERS PRIVATE LIMITED,JAIPUR vs. ITO, WARD-3(2), JAIPUR

In the result, appeal of the assessee is allowed

147, on merits the ld. CIT(A) sustained the addition of Rs. 1,13,23,461/- by holding that the transaction is a transfer within the meaning of Section 2(47) r.w.s. 45 of the Act and therefore, the provisions of Section 50C of the Act are applicable. 5. Against the order of the ld. CIT(A), the assessee

RAMA SHANKER PAREEK,JAIPUR vs. INCOME TAX OFFICER, WARD NO. 7(2), JAIPUR

In the result, appeal of the assessee is allowed

section 50C of the Act. The reasons recorded nowhere\nmentioned this possibility. Reasons recorded, in fact, ignored the fact that the sale\nconsideration as per the sale deed was Rs.50 lakhs and that the assessee had by\nfiling the return offered his share of such proceeds by way of capital gain.\"\n1.2.2 In the case of Vijay Harish Chandra Patel

ACIT, JAIPUR vs. RAJENDRA KUMAR JAIN, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

ACIT, JAIPUR vs. RAJENDRA KUMAR JAIN, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

ACIT, JAIPUR vs. RAJENDRA KUMAR JAIN, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

RAJENDRA KUMAR JAIN,JAIPUR vs. ACIT, JAIPUR

reassessment under section 147 of the Act has abated, needless to state that the scope and ambit of the assessment would include any order which the Assessing Officer could have passed under section 147 of the Act as well as under section 153A of the Act. ** ** ** 35 ITA Nos. 293(7)/JP/2017 Shri Rajendra Kumar Jain, Jaipur. 19. On behalf

BHOPAL SINGH SHEKHAWAT,JAIPUR vs. ITO, JAIPUR

reassessment U/s 143(3) read with Section 147 of the Act on 24/3/2014 at the total income of Rs. 32,66,490/- after making addition on account of short term capital gain, long term capital gain arising from sale of property and on account of unexplained cash credit and deposit made in the bank account. ITA 656/JP/2016_ 4 Bhopal Singh

SUVA LAL PAHARIA,JAIPUR vs. ITO WARD 6(3), JAIPUR

147 was unsustainable because it was not approved by the competent authority in accordance with Section 151—CIT(A) sanctioned re-assessment proceedings through issuance of notice u/s 148—ITAT's allowed assessee's appeal by holding that the CIT lacked the authority to sanction re-assessment proceedings through issuance of notice u/s 148—Held, Privy Council in Nazir Ahmad