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)

147 of the Income Tax Act, 1961. Hence, in view of the above, it is fit case for re-assessment u/s 148 of the I.T Act”. Thus, the Assessing Officer has proceeded on the premises that the assessee along with Shri K.G. Kothari and Shri Vimal Chand Surana (Individual) had invested the money in purchase of land in the name

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 131 on the address of above companies requesting furnishing of books of accounts, details of bank accounts, copies of Kedia Builders and Colonizers Pvt. Ltd., Jaipur ITR and other documents, but the same could not be served due to non-existence of the companies on their respective given addresses. From the Database of the department, it is gathered that

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

147 of the I.T. Act, 1961.” Thus it is clear that the reopening is based on the incriminating documents seized during the search and seizure action and were inventorized as Exhibit 1-5 of Annexure AS and Exhibit 1-8 of Annexure-A. When the AO himself has initiated the proceedings of reassessment on the basis of the seized material

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

147 of the I.T. Act, 1961.” Thus it is clear that the reopening is based on the incriminating documents seized during the search and seizure action and were inventorized as Exhibit 1-5 of Annexure AS and Exhibit 1-8 of Annexure-A. When the AO himself has initiated the proceedings of reassessment on the basis of the seized material

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

147 of the I.T. Act, 1961.” Thus it is clear that the reopening is based on the incriminating documents seized during the search and seizure action and were inventorized as Exhibit 1-5 of Annexure AS and Exhibit 1-8 of Annexure-A. When the AO himself has initiated the proceedings of reassessment on the basis of the seized material

SAVITA GUPTA,KOTA vs. ITO, DELHI

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

Reassessment without supplying reasons/ approval or material relied upon is invalid: 1. Without prejudicial to anything stated above and without any admission, it is to be noted that in the present case, the appellant was not provided with the copy of the reasons recorded/approvaland material relied upon for reopening the assessment u/s 147 of the Act. 21 Savita Gupta

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

In the result, appeal of the assessee is allowed

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 3. In ITA No. 1298/JP/2019, the Revenue has taken the following grounds of appeal:- “1. Whether on the facts and in the circumstances of the case & in law, the Ld. CIT(A) has erred in deleting the addition

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

In the result, appeal of the assessee is allowed

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 3. In ITA No. 1298/JP/2019, the Revenue has taken the following grounds of appeal:- “1. Whether on the facts and in the circumstances of the case & in law, the Ld. CIT(A) has erred in deleting the addition

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

reassessment under Sections 139,147,148,149,151 & 153. " In view of the above discussion, the assessment completed u/s 144 deserves to be quashed. The order of the Learned CIT(A) also deserved to be quashed on this ground. Additional Ground No.2 On the facts and in the circumstances of the case and in law, the Learned

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

73,483/- and\nRs.70,92,789/- from A.Y. 2013-14 to A.Y. 2016-17 respectively but no nexus was\nestablished between such figure and actual income chargeable to tax. This failure strikes\nat the very root of jurisdiction.\n7. Independent Formation of \"Reason to Believe\":7.1It is also respectfully submitted\nthat to validly exercise jurisdiction 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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\n\nBeing aggrieved with the order

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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\nBeing aggrieved with the order

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

section 147 r.w.s.144 vide his order dated 28.03.2022 for the\nyear under consideration. Aggrieved by the order of the AO, the assessee preferred\nappeal before the ld. CIT (A), who after considering the contentions of the assessee\nas well as the material available on record, dismissed the appeal of the assessee.\nBeing aggrieved with the order

INCOME TAX OFFICER, WARD-1(2), JAIPUR, JAIPUR vs. MUKESH KUMAR SONI, JAIPUR

In the result appeal of the revenue is dismissed and the cross

Bench: Moving Towards The Facts Of The Case We Would Like To Mention

reassessment under Section 147, 148 & 148A of the Act in a faceless manner. Proceedings under Section 147 and Section 148 of the Act would now have to be taken as per the 34 ITA No. 656/JP/2023 & CO No. 06/JP/2023 ITO vs. Mukesh Kumar Soni procedure legislated by the Parliament in respect of reopening/ re-assessment i.e., proceedings under Section 148A

LATE SHRI JITENDRA NAGAR THROUGH HIS L/R SMT. DEEPIKA NAGAR,BARAN vs. INCOME TAX OFFICER WARD BARAN, BARAN

In the result, appeal of the assessee is allowed

Bench: The Date Of Hearing.”

147 read with section 144B and (ii) notice issued 36 Late Shri Jitendra Nagar through L/R Smt. Deepika Nagar, Baran. u/s 148 by the ld. Assessing officer is without proper approval and satisfaction of higher authority u/s 151 of the Act and entire proceeding is void-ab-initio. Both these grounds are inter-related, inter-connected, therefore, these grounds

SONU AGARWAL ,JAIPUR vs. INCOME TAX OFFICER WARD 1(3), JAIPUR

In the result, the appeal of the assessee is allowed

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

reassessment proceedings was provided to the assessee vide DIN ITBA/COM/F/17/2022-23/1043252147(1) DATED 30.05.2022 wherein the assessee was given a show-cause as to why the total transaction amount of Rs. 81,84,838/- shall not be treated as income chargeable to tax which has escaped the assessment within the meaning of provision of section 147

VINITA BAJORIA,JAIPUR vs. INCOME-TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 370/JP/2025 निर्धारण वर्ष / Assessment Year : 2016-17 Vinita Bajoria 1, Ganesh Colony Moti Doongri Road, Jaipur बनाम Income Tax Officer, Ward 5(2), Jaipur स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AEBPB4873M अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. Manoj Choudhary, CA राजस्व की ओर से / Revenue by : Sh. Gorav Avasthi, JCIT सुनवाई की तारीख / Date of Hear

reassessment proceedings and the Assessment Order, dated 26.05.2023, passed under Section 147 read with Section 144B of the Act are quashed. 35 Vinita Bajoria vs. ITO 10 Even if the argument of the revenue is accepted that the since the time limit for issuance of notice was not expired in this case being A. Y. 2016-17 the notice issued

RAJASTHAN STATE INDUSTRIAL DEVELOPMENT & INVESTMENT CORP. LTD.,JAIPUR vs. ACIT, JAIPUR

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

reassessment order u/s 143(3) r.w.s. 147 on 09.01.2014. The assessee challenged the validity of reopening of the AO before the ld. CIT(A) but could not succeed. 3. Before us, ld. AR of the assessee has submitted that the assessee vide its letter dated 17.09.2013 explained that in the course of assessment proceedings complete details of working of deduction