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)

transferred by Shri Shri Madho Lal Saini and Others. Madan Mohan Gupta and his wife Smt. Shashi Kala Gupta were the shares of M/s Kalyan Buildmart Pvt. Ltd. which owned the land in question. There may be a case of under valuation of shares and understatement of consideration paid by the assessee however, it is not a case of purchase

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 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

MUKESH JAIN HUF,JAIPUR vs. DCIT, JAIPUR

In the result, the appeal of the assessee is allowed

reopened the\nassessment and made additions in the hands of assessee by alleging that\nassessee availed fictitious loss to the tune of Rs.12,73,535/- by misusing client\ncode modification facility. As is discussed by Id.AO also in the assessment order,\nClient Code Modification is a facility where Stock Exchange allows the trading\nMembers post close of market

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

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 in which the appellant had raised the objection of jurisdiction is duly dismissed. 9 Lovely promoters Pvt. Ltd. vs. ACIT Further, the appellant

ASSISTANT COMMISSIONER OF INCOME TAX,EXEMPTIONS,CIRCLE,JAIPUR, JAIPUR vs. GLOBAL INSTITUTE OF TECHNOLOGY SOCIETY, JAIPUR RAJASTHAN

In the results the appeal of the revenue stands dismissed

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

reopen an assessment if he has reason to believe that there was "any income chargeable to tax that has escaped assessment". In other words, it is fundamental that there must be an amount or income that should have been taxed in the assessment initially but such income had escaped assessment. It is only then that the four year period will

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

In the result, the appeal of the assessee is allowed

prices of penny stock\ncompany were stated to have widely fluctuated Further, information clearly\nfurnished no reason for Assessing Officer to believe that assessee's income for\nrelevant assessment year had escaped assessment - Whether, on facts, impugned order\nand notice were to be set aside - Held, yes[Paras 33, 35, 43 and 44] [In favour of\nassessee

SPECTRUM FOODS LIMITED,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is allowed

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

reopen assessment. 16. [2020] 114 taxmann.com 718 Where evidence found during search in case of third party (Gujarat) HIGH COURT OF was sufficient to form belief that LTCG shown by assessee GUJARAT Purnima Komalkant was in nature of accommodation entries and income to that Sharma v. Deputy Commissioner of extent had escaped assessment, issue of notice under section Income

SHREE CEMENT LIMITED,BEAWAR vs. DEPUTY COMMISSIONER OF INCOME TAX, AJMER

In the result, this appeal of the assessee is partly allowed and appeal of the Revenue is dismissed

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

assessment year 2012-13 and onwards. 14. In the instant case, it is not in dispute that the assessee carries on its business in an SEZ Unit and its income will therefore be subject to the provisions of Section 115JB of the Act. On bare reading of Shree Cement Limited, Beawar. provisions of sub-section (6) to section 115JB

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 pricing, data analytics, management or any other technical matter under this Act or an agreement entered into under section 90 or 90A, which may be required in a particular case or a class of cases, under this section and the term "technical unit", wherever used in this section, shall refer to an Assessing Officer having powers so assigned

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

SHREE CEMENT LIMITED,BANGUR NAGAR vs. ACIT, CENTRAL CIRCLE, AJMER

In the result, the appeal of the assessee - appellant in ITA No

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

assessment is to be made on the basis of total income of the whole previous year. Such a view, concludes Mr. Sharma, would also be in consonance with reason and justice. We have given anxious thought to the persuasive arguments of Mr. Sharma. His arguments, if accepted, will certainly soften the rigour of this extremedy drastic provision and bring

BALVEER SINGH,JAIPUR vs. ITO WARD 3(3) JAIPUR, INCOME TAX DEPARTMENT

transfer from ITO, Ward-3(1), Jaipur to ITO, Ward-\n3(3), Jaipur in compliance to order u/s 127 of the I.T. Act of Pr.\nCommissioner of Income Tax-1, Jaipur. Due to change of incumbent, a\nnotice u/s 142(1) along with questionnaire was issued on 17.06.2019 &\n10.07.2019, which was served through postal authorities and also on\nITBA

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

Bench: This Tribunal Are As Under :

Pricing Officer passed under sub-section (3) of section 92CA; and (ii) any non-resident not being a company, or any foreign company: 11. From the bare reading of the above-mentioned provisions of Section 144C, it is evident that the Assessing Officer must forward a draft of the proposed assessment order to the eligible assessee if any variation

SONU DUSAD,JAIPUR vs. DCIT CENTRAL CIRCLE, 1, JAIPUR, JAIPUR

In the results, the appeal of the assessee in ITA no

Bench: This Tribunal Are As Under :

Pricing Officer passed under sub-section (3) of section 92CA; and (ii) any non-resident not being a company, or any foreign company: 11. From the bare reading of the above-mentioned provisions of Section 144C, it is evident that the Assessing Officer must forward a draft of the proposed assessment order to the eligible assessee if any variation