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)

Reassessment pursuant to material found in search can be done through recourse to section 153C only and not by invoking the provisions of section 147/148. 1.12. The provisions of section 153C are over-riding in nature and contain non obstante clause for sections 139,147,148,149,151 and 153. 1.13. Section 147 and 153C are not interchangeable

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

ASHOK SHARMA,KOTA vs. DY. COMMISSIONER OF INCOME TAX CIRCLE-2 - KOTA, KOTA

section 40A(3). The payments were made at different dates as was replied by the\nassessee alongwith complete details in the reply to notice u/s 154 and also to notice u/s 148 in\nthe proceedings of reassessment. The reply by the assessee was made part of the order u/s 147\nby the ld. AO but was neither touched-upon

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 147\nr.w.s 148?\nGround No. 1\nWhether on the facts and circumstances of the case, the Ld. CIT(A) is justified in\nquashing the reopening and reassessment under Section 147 of the Act ignoring that\nthe case was reopened as per clause (c) of Explanation 2 to Section 147 and with the\n27\nITA No. 872 & others/JP/2024\nKedia Builders

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 147\nr.w.s 148?\n\nGround No. 1\n\nWhether on the facts and circumstances of the case, the Ld. CIT(A) is justified in\nquashing the reopening and reassessment under Section 147 of the Act ignoring that\nthe case was reopened as per clause (c) of Explanation 2 to Section 147 and with the\n\n27\nITA

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

u/s 147\nr.w.s 148?\nGround No. 1\nWhether on the facts and circumstances of the case, the Ld. CIT(A) is justified in\nquashing the reopening and reassessment under Section 147 of the Act ignoring that\nthe case was reopened as per clause (c) of Explanation 2 to Section 147 and with the\napproval of the Principal Commissioner of Income

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

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

In the result, appeal of the assessee is allowed

6]\n\nOn peruse the notice issued under section 148 and the reasons for reopening the assessment it\nbecomes clear that the same are founded on non-existent transaction of purchase of property at\nDelhi. Inspite of the assessee elaborating in its reply as well as the objections that it had never\nentered into any such transaction the Assessing Officer

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

6. The appellant was served with notices u/s 142(1), to which detailed replies and supporting documents were filed. 8 Savita Gupta vs. ITO 7. Subsequently, order u/s 147 r.w.s. 144 of the Act was passed on 14.03.2022 wherein addition of Rs. 13,95,000/- was made u/s 69 of the Act. 8. Aggrieved with the order, the appellant preferred

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)

6. Gangwal and issue wise reply in matter of Ajay Gangwal 48-49 Copy of Reply dated 04.07.2022 to issue letter issued u/s 148A(b) 7. 50-53 Copy of Order issued U/s 148A(d) dated 26.07.2022 8. 54-55 Copy of Notice issued u/s 148 dated 26.07.2022 9. 56-60 Copy of Notice issued u/s 142(1) dated

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

In the result, appeal of the assessee is allowed

section 147 for carrying out the present reassessment proceedings. 30. In this regard, we refer to the reasons recorded by the Assessing Officer before issuance of notice u/s 148 of the Act. In the reasons so recorded, the Assessing Officer refers to the information received from the office of DCIT, Central Circle-03, Jaipur pursuant to search and seizure action

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

In the result, appeal of the assessee is allowed

section 147 for carrying out the present reassessment proceedings. 30. In this regard, we refer to the reasons recorded by the Assessing Officer before issuance of notice u/s 148 of the Act. In the reasons so recorded, the Assessing Officer refers to the information received from the office of DCIT, Central Circle-03, Jaipur pursuant to search and seizure action

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s 147

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s 147

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO, WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s 147

RMS KARAMCHARI BACHAT AND SAKH SAHAKARI SAMITI LIMITED JAIPUR,JAIPUR vs. ITO WARD-1(2), JAIPUR, JAIPUR

In the result, the appeals of the assessee are allowed

reassessment process invalid in law. The AO's\naction in initiating proceedings u/s 147 is based on conjecture and suspicion, and falls\nfoul of the binding legal principles laid down by the Hon'ble Supreme Court and various\nHigh Courts.\n\nIn light of the above legal and factual position, it is respectfully submitted that the\nreassessment proceedings-initiated u/s

SHRI VIJAY KUMAR AGARWAL,JAIPUR vs. INCOME TAX OFFICER, WARD-4-2, JAIPUR

In the result, this appeal of the assessee is allowed

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 59/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Vijay Kumar Agarwal, Cuke I.T.O., Vs. 7/58, Vidhyadhar Nagar, Ward 4(2), Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Advpa 6150 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Pravin Kr. Saraswat (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Rooni Paul (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 15/03/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/05/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A), Ajmer Dated 27/12/2018 For The A.Y. 2011-12 In The Matter Of Order Passed U/S 143(3) Read With Section 147 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. The Learned C.I.T. (A) Has Erred For Not Considering The Issue For Validity Of Issue Notice U/S 148 Of I.T. Act, 1961, While There Was No Escapement Of Income On Part Of Assessee. The Initiation Of Proceedings Was Only On Behest Of I.T.O. Ward 3(2), Who Has Intimated To A.O. For Advancement Of Loan Rs.53,95,000/- Given By Assessee To Pooja Agarwal, While Concern A.O. Has Accepted Said Loan In Her Hands After Detailed Examination. Hence Initiation Of 2

u/s 147 read with section 143(3) of the Act deserves to be quashed. The A.O. had no jurisdiction to travel beyond the reasons for reopening the assessment. This contention of assessee is based on well settled law and a few judgments in support, including binding judgments of Hon’ble Jurisdictional Rajasthan High Court, are as under

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)

6. Feeling dissatisfied from the above finding of the ld. CIT(A), the assessee preferred the present appeal before this tribunal on the grounds as reproduced hereinabove. To support the various grounds raised by the assessee, ld. AR of the assessee, has filed the following written submissions ; The Ld. CIT(A), NFAC has erred on facts

GEMCO INTERNATIONAL,JAIPUR vs. INCOME TAX OFFICER WARD 2(1), JAIPUR

In the result, the appeal filed by the assessee stands partly allowed with no order as to cost

Bench: SHRI SANDEEP GOSAIN (Judicial Member)

reassess the total income, where search is conducted under section 132 or requisition is made under section 132A. Therefore, in our opinion, the assessing officer is not justified in reopening the assessment under section 147 and his order is illegal and arbitrary. d. In view of above decisions statement of learned AO that no material is handed over