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 :

153D of the Act 9. Under the facts and circumstances of the case and in law, Ld. CIT (A) erred in holding that on money of Rs. 1,42,50,000/- was paid by Assessee. 10. Under the facts and circumstances of the case and in law, Ld. CIT (A) erred in confirming the impugned addition

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 :

153D of the Act 9. Under the facts and circumstances of the case and in law, Ld. CIT (A) erred in holding that on money of Rs. 1,42,50,000/- was paid by Assessee. 10. Under the facts and circumstances of the case and in law, Ld. CIT (A) erred in confirming the impugned addition

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

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

153D of the\nAct\n9. Under the facts and circumstances of the case and in law, Ld. CIT (A)\nerred in holding that on money of Rs.1,42,50,000/- was paid by Assessee.\n10. Under the facts and circumstance of the case and in law, Ld. CIT (A) erred\nin confirming the impugned addition of Rs.78

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

In the result, the appeal of the assessee is allowed

153D have prevalence over regular provisions for assessment or\nreassessment under sections 148 & 147/148 - Held, yes - Whether therefore, where\nbasis for initiation of section 148 proceedings in case of assessee was material seized\nrelating to or belonging to assessee during search conducted on ‘M' Group, notices\nissued under section 148 and impugned orders rejecting objections filed to issuance of\nnotice

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. SAPNA KARNANI, TONK PHATAK

In the result, the appeals of the revenue in ITA No

153D and Section 148 are different Applicability of Section 153C in cases where the\n17\nITA Nos.709/JP/2025\nDCIT vs. Sapna Karnani\nseized material related to or belonged toperson other than on whom search is conducted\nor requisition made does not render Section 148 otiose Section 148 shall continue to\napply to the regular proceedings and also in cases where

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. SAPNA KARNANI, TONK PHATAK

In the result, the appeals of the revenue in ITA No

153D and Section 148 are different Applicability of Section 153C in cases where the\n17\nITA Nos.709/JP/2025\nDCIT vs. Sapna Karnani\nseized material related to or belonged toperson other than on whom search is conducted\nor requisition made does not render Section 148 otiose Section 148 shall continue to\napply to the regular proceedings and also in cases where

DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-3, JAIPUR vs. SAPNA KARNANI, TONK PHATAK

In the result, the appeals of the revenue in ITA No

153D and Section 148 are different Applicability of Section 153C in cases where the\n\n17\nITA Nos.709/JP/2025\nDCIT vs. Sapna Karnani\nseized material related to or belonged toperson other than on whom search is conducted\nor requisition made does not render Section 148 otiose Section 148 shall continue to\napply to the regular proceedings and also in cases where

DY. COMMISSIONER OF INCOME TAX, KOTA vs. MOTION EDUCATION PVT. LTD., KOTA

In the result, the appeals of the revenue stands dismissed, and the\ncross objection of the assessee are allowed

153D is not found to be acceptable.\n5.2.7 No Prejudice is Caused to the Assessee\nWithout prejudice to the above, there is no prejudice is caused by the assessee in\ngranting approval by the Additional CIT in small period of time. The appellant has\nnot discussed what prejudice is caused to the assessee if the approval is granted\nin small

DY. COMMISSIONER OF INCOME TAX, KOTA vs. MOTION EDUCATION PVT. LTD., KOTA

In the result, the appeals of the revenue stands dismissed, and the

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, आयकर अपील सं. / ITA Nos.472 & 455/JP/2025 निर्धारण वर्ष / Assessment Years : 2017-18 & 2018-19 DCIT, Central Circle, Kota बनाम Vs. Motion Education Limited, 394, Rajeev Gandhi Nagar, Kota Private स्थायी लेखा सं. / जीआईआर सं./PAN/GIR No.: AAICM4637L अपीलार्थी / Appellant प्रत्यर्थी / Respondent Motion Limited, CO. Nos.20 & 21/JP/2025 (Arising out of ITA. Nos.472 & 455/JP/2025) निर्धारण वर्ष / Assessment Years : 2017-18 &

153D is not found to be acceptable. 5.2.7 No Prejudice is Caused to the Assessee Without prejudice to the above, there is no prejudice is caused by the assessee in granting approval by the Additional CIT in small period of time. The appellant has not discussed what prejudice is caused to the assessee if the approval is granted in small

INCOME TAX OFFICER , SIKAR vs. BHASKAR CHAUHAN, JAIPUR

In the result the appeal of the revenue in ITA no

Bench: Him.

153D have prevalence over the regular provisions for assessment or reassessment under Section 143 & 147/148. 27. Section 153A and 153C starts with non-obstante clause. The procedure for assessment/reassessment in Section 153A, 153C in cases of search or requisition has an overriding effect to the regular provisions for assessment or reassessment under Sections

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

section 147 in the reason was typographical error, if considered correct, 46 Lovely promoters Pvt. Ltd. vs. ACIT non-observation of such serious typographical error by two senior officers i.e. (i) Range Head forwarding reason to approval authority with recommendation for approval and (ii) Pr. CIT, approving Authority. Non observation of such serious typographical error led to the conclusion that

JUHI BHANDARI, JAIPUR,JAIPUR vs. DCIT CIRCLE (INTL TAX), JAIPUR, JAIPUR

In the result, both appeals of the assessee are allowed

transfer\npricing orders wherein downward adjustments were made to the price\npaid for the equipment imported by the AE. The Assessee had filed an\nappeal to this Tribunal against the appellate order for Assessment Year\n2013-14 (arising from the assessment under Section 143(3) and the TPO\norder). This appeal was disposed in RKM POWERGEN PRIVATE\nLIMITED

ANSHU SAHAI (HUF),JAIPUR vs. ACIT, CENTRAL CIRCLE, CENTRAL CIRCLE

153D has vitiated the assessment order.\n3. In the facts and circumstances of the case and in law, ld. CIT(A) has erred \nin upholding the addition amounting to Rs.16,21,91,214/- (albeit as part of capital \ngains). The action of the ld. CIT(A) is illegal, unjustified, arbitrary and against the \nfacts of the case. Relief may please

HARISH JAIN,KOTA vs. ACIT CENTRAL CIRCLE-2, KOTA, KOTA

153D\nwas accorded mechanically without any application of mind. Hence,\nthere is no approval as such, as contemplated by law hence, the\nimpugned assessment order may kindly be quashed.”\n4.\nSuccinctly, the fact as culled out from the records are that a\nsearch & seizure operation under section 132(1) of the Act was\ncarried out on 07.09.2017 at the various

DCIT, JAIPUR vs. AMRAPALI JEWELS PVT. LTD. , JAIPUR

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

Bench: Him.

153D of the Act. 3. Under the facts and circumstances of the case and in law, the Ld. CIT(A)- 4, Jaipur has erred in sustaining the very invocation of provision of Section 69B of the Act by the Ld. AO as bad in law. 4. Under the facts and circumstances of the case

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

price) from the concerning person of all the 22 plots has not been taken in\nbooks.\n\n4. The trust property is used Personal benefit of the president\nShri Tejndra Pal Singh has taken loan & advances of Rs.31,50,000/- from the\ntrust and violated the provisions of section 13(2) of the Act. Further no proper\nbooks of accounts

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

price) from the concerning person of all the 22 plots has not been taken in\nbooks.\n4. The trust property is used Personal benefit of the president\nShri Tejndra Pal Singh has taken loan & advances of Rs. 31,50,000/- from the\ntrust and violated the provisions of section 13(2) of the Act. Further no proper\nbooks of accounts

SHRI AMBICA GARMENTS, JODHPUR,JODHPUR vs. ACIT, CENTRAL CIRCLE-3, JAIPUR, JAIPUR

In the result, all appeals of the assessee are disposed off in terms of

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

section 68 of the Act are not satisfied. However the appellant / Id. AR has submitted ledger account of Kotak Bank loan and made arguments regarding Kotak Bank Loan and contended that bank loan cannot be treated as unexplained and that the substantial entries are matching in the ledger account in Jai Shree Ram and Ambika Garments. Accordingly the addition