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

transferred to NFAC. The NFAC has passed the Exparty order on\ndt.29.11.2023, despite the Ws and reply filed by the assessee. The order was received on\nportal on dt. 29.11.2023 and on email, which was not served upon the assessee physical.\nHowever as per date of order the appeal was to be filed on or before 28.01.2024 but the\nsame

PRAMILA AGARWAL,JAIPUR vs. THE INCOME TAX OFFICER WARD-2(5), JAIPUR

In the result, the appeal of the assessee is allowed

u/s 147/148 was\nlegal and valid.”\n\nIt is further submitted that the validity of initiation of reassessment proceedings has to\nbe judged with regard to the material available with the assessing officer and that too\nby framing the opinion strictly based on the documents and information in possession,\nthat certain income has escaped assessment and not in a mechanical

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

LOVELY PROMOTERS PRIVATE LIMITED,KOLKATA vs. ACIT, CENTRAL CIRCLE, AJMER, AJMER

In the result, the appeal filed by the assessee is allowed

Bench: him regarding non mentioning of Document Identification Number (DIN) in the body of the order u/s. 127 of the Act dated 08-09-2021 and various other technical pleas raised in grounds of appeal regarding validity of notice u/s. 148 of the Act, thereby appellate order passed by the CIT(A) is non-speaking order and deserves to be quashed. 4. On the facts and in circumstances of the case and in law, the AO erred in issuing notice u/s. 148 of the Act as it was a search related case u/s. 132 r/w

147 was passed on 26 03-2022. Thus by carefully reading the above chronological events, it is seen that the order for transfer of jurisdiction from Kolkata to ACIT, central Circle, Ajmer (Rajsthan) was duly passed by the PCIT-5, Kolkata and the current AO was having jurisdiction on the date of passing the reassessment order. Thus the grounds

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

In the result, the appeal of the Revenue is dismissed

147, it is verifiable that no where name of assessee company is mentioned. In the details in column ‘From’ under the abbreviation ‘HMD’ is mentioned. The inference drawn by the A.O. on his own on the basis of alleged noting on the alleged seized papers under the head ‘HMD’ as Dangayach Hotels Pvt. Ltd. That in the reasons recorded itself

ALOK KUMAR JAIN ,PEARL PLEASURE vs. ACIT CIR-6, JAIPUR, NEW CERNTRAL REVENUE BUILDING, BHAGWAN DASS ROAD, JAIPUR, RAJASTHAN,

Bench: Him.

reassess the assessee is in appeal before Hon'ble High Court of Jaipur. This appeal, has not been decided so far. However, the appellant, by his submission dated 30.07.2024 has now informed that the writ petition stands abandoned after (covered in) the decision of Hon'ble Supreme Court in the case of Ashish Aggrawal vs. UOI. 5.1.2 Notices u/s

INCOME TAX OFFICER, WARD-1, BEAWAR vs. SHRI MANOJ AMAR CHAND TAILOR, MASUDA BIJAINAGAR

In the result, the appeal filed by the Revenue is dismissed

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. The provisions of section 153C are over-riding in nature and contain non obstante clause for sections 139,147,148,149,151 and 153. 2.3. Section 147 and 153C are not interchangeable but are mutually

SHRI MANOJ AMAR CHAND TAILOR,MASUDA BIJAINAGAR vs. INCOME TAX OFFICER, WARD-1, BEAWAR

In the result, the appeal filed by the Revenue is dismissed

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. The provisions of section 153C are over-riding in nature and contain non obstante clause for sections 139,147,148,149,151 and 153. 2.3. Section 147 and 153C are not interchangeable but are mutually

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

transfer and Rs. 4.25 lacs through cheque rejection. On going through return of income filed by the assessee for AY 2018-19, it is noticed that income from above transaction has not been included in ITR. The ld. AO noted that in the assessment proceeding u/s. 143(3) of the Act assessee failed to provide true and correct information / material

VIPUL KUMAR MODI ,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAIPUR -I

In the result, appeal of the assessee is allowed

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

reassessment order passed by the Id. Assessing Officer u/s. 147 r.w.s. 144B of the Act is found to be erroneous in so far as it is prejudicial to the interest of the revenue. 2 2. That the Id. Principal Commissioner of Income- tax grossly erred in treating the exempt Long-Term Capital Gain earned by the assessee appellant as bogus

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

transfer the case) and not by JAO.\nHon'ble Bombay High Court in the case of Hexaware Technologies Ltd. v.\nACIT, Circle 15(1)(2), Mumbai and others [2024] 162 taxmann.com 225\n(Bombay), has held that there is no question of concurrent jurisdiction of JAO\nand FAO for issuance of reopening notice under section 148 or even for passing

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

transfer the case) and not by JAO.\nHon'ble Bombay High Court in the case of Hexaware Technologies Ltd. v.\nACIT, Circle 15(1)(2), Mumbai and others [2024] 162 taxmann.com 225\n(Bombay), has held that there is no question of concurrent jurisdiction of JAO\nand FAO for issuance of reopening notice under section 148 or even for passing

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMSSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

transfer the case) and not by JAO.\nHon'ble Bombay High Court in the case of Hexaware Technologies Ltd. v.\nACIT, Circle 15(1)(2), Mumbai and others [2024] 162 taxmann.com 225\n(Bombay), has held that there is no question of concurrent jurisdiction of JAO\nand FAO for issuance of reopening notice under section 148 or even for passing

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

transfer the case) and not by JAO.\nHon'ble Bombay High Court in the case of Hexaware Technologies Ltd. v.\nACIT, Circle 15(1)(2), Mumbai and others [2024] 162 taxmann.com 225\n(Bombay), has held that there is no question of concurrent jurisdiction of JAO\nand FAO for issuance of reopening notice under section 148 or even for passing

WHOLE SALE CLOTH MERCHANT ASSOCIATION ,KOTA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE KOTA , KOTA

In the result, the appeals of the assessee in ITA no

147\nof the Act. Therefore, the argument of the appellant are not found to be\nacceptable.\nFurther the addition made by the AO are based on return filed in response to\nnotice issued u/s 148. Before the notice, there was no return filed by the\nassessee. Therefore, the notice issued u/s 148 is found to be valid. The\nappellant

RAGHAV COMMODITIES,JAIPUR vs. ITO WARD 6(2), JAIPUR

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

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reassessment proceedings as well as during the appellate proceedings in spite of multiple hearing opportunities provided to the appellant. In view of the above submissions, it is requested that appeal may kindly be decided in favour of the revenue.” 8.1 Ld. DR also filed a detailed report of the Assessing Officer countering the submissions of the assessee which reads

RAVINDER SINGH THAKKAR,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JAIPUR

In the result the appeal of the assessee in ITA no

transfer the case) and not by JAO.\nHon'ble Bombay High Court in the case of Hexaware Technologies Ltd. v.\nACIT, Circle 15(1)(2), Mumbai and others [2024] 162 taxmann.com 225\n(Bombay), has held that there is no question of concurrent jurisdiction of JAO\nand FAO for issuance of reopening notice under section 148 or even for passing

CASTAMET WORKS PRIVATE LIMITED,KHARWA vs. PRINCIPLE COMMISSIONER OF INCOME TAX, UDAIPUR

reassess under section 147 or pass an order 16 Castamet Works Private Limited vs. PCIT enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee under section 154, for any assessment year beginning on or before the 1st day of April, 2001. 28. The correctness of the claim of the Assessee

SUNRISE REALCONSULTANCY PRIVATE LIMITED ,ALWAR vs. INCOME TAX OFFICER, WARD-BHIWADI, BHIWADI

In the result, the both the appeals of the assessee are partly allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

transferred to Regional e- Assessment Centre to complete the proceedings under Faceless Assessment Scheme, 2019. Statutory notices were issued on 01/02/2021,05/10/2021 and 09/12/2021 asking to explain the issue and submit the details called for. The assessee company neither filed its return of income in response to notice u/s. 148 of the Act nor respond to any of the notices