KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

In the result, appeals of the assessee are allowed

2 at page 8-9 of the\nassessment order.\n1.15 A proviso appended to the main provision of section 292BB provides that the\nprovision would not apply where the assessee has raised objection before the\ncompletion of such assessment or reassessment and herein the case there was\nproper objections raised many times before the assessing officer and completion\nof assessment

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

In the result, appeals of the assessee are allowed

2 at page 8-9 of the\nassessment order.\n1.15 A proviso appended to the main provision of section 292BB provides that the\nprovision would not apply where the assessee has raised objection before the\ncompletion of such assessment or reassessment and herein the case there was\nproper objections raised many times before the assessing officer and completion\nof assessment

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

In the result, appeals of the assessee are allowed

2 at page 8-9 of the\nassessment order.\n1.15 A proviso appended to the main provision of section 292BB provides that the\nprovision would not apply where the assessee has raised objection before the\ncompletion of such assessment or reassessment and herein the case there was\nproper objections raised many times before the assessing officer and completion\nof assessment

HEERA LAL KASARA,UDAIPUR vs. ITO, WARD-2(1), UDAIPUR

In the result, appeal of the assessee is allowed

Bench: Its Hearing Before Your Honours.”

section 143(2) and 142(1), the assessee attended and submitted the requisite details, information, documents and clarifications sought as per the order sheet entries.During the course of assessment proceedings, the assessee filed the objections vide letter dated 24.11.2016 against reassessment

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

In the result, appeals of the assessee are allowed

2 at page 8-9 of the\nassessment order.\n1.14\nA proviso appended to the main provision of section 292BB provides that the\nprovision would not apply where the assessee has raised objection before the\ncompletion of such assessment or reassessment and herein the case there was\nproper objections raised many times before the assessing officer and completion\nof assessment

KANAK KUMAR JAIN L/H OF PARTNER OF M/S. KESARIYAJI FILLING STATION,UDAIPUR vs. DCIT, CIRCLE-1, UDAIPUR

In the result, appeals of the assessee are allowed

2 at page 8-9 of the\nassessment order.\n1.14 A proviso appended to the main provision of section 292BB provides that the\nprovision would not apply where the assessee has raised objection before the\ncompletion of such assessment or reassessment and herein the case there was\nproper objections raised many times before the assessing officer and completion\nof assessment

ASHIANA BUILDPROP PRIVATE LIMITED,UDAIPUR vs. DCIT, CENTRAL CIRCLE-1, UDAIPUR, UDAIPUR

142(1) on 11.07.2017 asking to the assesses to file the details and\nexplanations on the ITR and seized documents, which was replied.\nIn Assessment, AO has noted that during the course of search proceeding u/s\n132 on 26.08.2015 a hard disc was seized (Annexure-AS-5) from the residence of\nShanti Lal Maroo group Udaipur. A working copy

MANGILAL DATLA,BANSWARA vs. INCOME TAX OFFICER, WARD BANSWARA, BANSWARA

In the result, the appeal filed by the assessee is allowed, both on legal issue\nas well as on facts

2) but AO failed to take cognizance of assessee's\nintimation and objections. From the assessment record, remand reports, field correspondence\nand oral contentions, department could not demonstrate before us that notice u/s 148 was served\non the assessee for A.Y. 2001-02. In the absence of a valid service of notice u/s 148 on the\nassessee the reassessment proceedings

ACIT, CIRCLE, PALI. vs. M/S. RAJASTHAN MARUDHARA GRAMIN BANK, , JODHPUR

Appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding was valid, it has only to be seen by the AO, whether there is prima facie some material on the basis of which the AO could re-open the case. Thus, the sufficiency of the correctness of the material is nothing to be considered as to this stage of the recording reasons for the reopening of the assessment

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ACIT, PALI

Appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding was valid, it has only to be seen by the AO, whether there is prima facie some material on the basis of which the AO could re-open the case. Thus, the sufficiency of the correctness of the material is nothing to be considered as to this stage of the recording reasons for the reopening of the assessment

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ACIT, PALI

Appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding was valid, it has only to be seen by the AO, whether there is prima facie some material on the basis of which the AO could re-open the case. Thus, the sufficiency of the correctness of the material is nothing to be considered as to this stage of the recording reasons for the reopening of the assessment

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ACIT, PALI

Appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding was valid, it has only to be seen by the AO, whether there is prima facie some material on the basis of which the AO could re-open the case. Thus, the sufficiency of the correctness of the material is nothing to be considered as to this stage of the recording reasons for the reopening of the assessment

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ADDITIONAL CIT, PALI

Appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding was valid, it has only to be seen by the AO, whether there is prima facie some material on the basis of which the AO could re-open the case. Thus, the sufficiency of the correctness of the material is nothing to be considered as to this stage of the recording reasons for the reopening of the assessment

M.G.B. GRAMIN BANK (THROUGH SUCCESSOR RAJASTHANMARUDHARA GRAMIN BANK),JODHPUR vs. ADDITIONAL CIT, PALI

Appeals are disposed off in the terms indicated as above

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

reassessment proceeding was valid, it has only to be seen by the AO, whether there is prima facie some material on the basis of which the AO could re-open the case. Thus, the sufficiency of the correctness of the material is nothing to be considered as to this stage of the recording reasons for the reopening of the assessment

RACHNA GOYAL,JODHPUR vs. ITO, WARD-1(2), JODHPUR

In the result, appeal of the assessee is dismissed

2 to section 147 are applicable in this case, obtained necessary\nsanction separately to issue notice under section 148 from Principal Commissioner\nof Income Tax as per the provisions of section 151 of the IT Act, 1961. Notice\nunder section 148 of the IT Act was issued on 26.03.2021 and duly served upon the\nassessee through ITBA on registered mail

ITO, JODHPUR vs. SMT. SITA L/H LTE SHRI JETHMAL BINAWARA, JODHPUR

reassessment proceedings are totally different. The Coordinate Bench further observed that the assumption of jurisdiction is a very important step under the Act, which is based on certain happenings whereas the proceedings u/s 142(1)/142(2) are quite procedural and ordinary. The proceedings under section

RAJ KUMAR GOLECHA,PALI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, JODHPUR, AAYKAR BHAWAN, JODHPUR

In the result, appeal of the assessee is allowed

142(1) of the IT Act, 1961 along with a detailed questionnaire were issued\non 11.07.2017, which was duly served upon the assessee. Notice under section\n143(2) of the Act was issued on 06.10.2017. In compliance to the notices issued,\nthe authorized representative of the assessee attended and submitted some of the\nrequired details. The AO completed the assessment

INCOME TAX OFFICER, WARD-1, BARMER vs. PUSHP RAJ BOHRA, JALORE

The appeal of the revenue is allowed, in the manner discussed as above

Bench: Shri Rajpal Yadav, HonʼBle & Dr. Mitha Lal Meena, Hon'Bleito, Ward-1, Barmer. Vs. Pushp Raj Bohra, M-09, Shivaji Nagar, Jalore - 343001. Pan No. Aanpb4456C Assessee By Shri Goutam Chand Baid, C.A. Revenue By Smt. Runi Pal, Cit (D.R.) Date Of Hearing 29.04.2025. Date Of Pronouncement 01.03.2025. Order Per Dr. Mitha Lal Meena, A.M.: The Captioned Appeal Has Been Filed By The Revenue Against The Order Of The Id. National Faceless Appeal Centre [Nfac/Cit(A)], Delhi Dated 08.02.2024 In Respect Of Assessment Year: 2017-18 Where The Department Has Raised Following Grounds: 1. Whether The Id. Cit(A) Is Justified In Facts & Law In Directing To Treat The Income From The Sale Of Immovable Properties As Capital Gains Instead Of Business Income, By Ignoring The Fact That Assesse & His Business Concerns Are Engaged In The Business Of Property & Real Estate Development & Huge Expenses Of Rs. 8.72 Cr. Were Incurred By Assessee On Development Of Projects To Earn Profit. 2. Whether The Id. Cit(A) Has Erred In Law & Facts By Directing The Ao To Treat The Income From The Sale Of Immovable Properties As Income From Capital Gains Instead Of Business Income By Merely Following The Order Of Hon'Ble

142(1) of the Act on 25.10.2019, 01.11.2019 & 12.12.2019 to the Appellant. In response to the notices, the appellant complied on 20.09.2018, 29.10.2019, 07.11.2019, 22.11.2019 & 17.12.2019. The appellant has shown income from salary as director from M/s Fateh Granites Ltd., income from capital gains and income from other sources being interest on savings bank, GFDR, other interest and bond