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

reassessment or re-\ncomputation under section 147 of the Act. In other words, if the learned\nAssessing officer, in such circumstances, proceeds with the subsequent\nproceedings, the same will be illegal and void.\nThis proposition of law has been held by the Hon'ble Court in following cases :\nY. Narayana Chetty v. ITO (1959) 35 ITR 388-392 (SC)\nCIT

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

1,18,95,000/- for stamp duty calculation, section 50C of the Act\nwould apply, of course, subject to the riders contained therein. However, this is not the\ncited reason for reopening the assessment. The reasons cited are that the assessee filed no\nreturn and that 1/3rd share of the assessee from the actual sale consideration

NAHAR COLOURS AND COATINHGS PRIVATE LIMITED,UDAIPUR vs. PRINCIPAL COMMISSIONER OFINCOMETAX, UDAIPUR

In the result, appeal of the assessee is allowed

39 (Ranchi)) 7. EXPLANATION 2(a) IN SECTION 263 OF THE ACT ORDER IS PASSED WITHOUT MAKING INQUIRIES OR VERIFICATION WHICH SHOULD HAVE BEEN DONE 7.1. It is also worthwhile to note that Explanation 2(a) below section 263 of the Act specifies has further clarified and strengthened and enlarged the scope of section 263 that the that the order

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

reassessment or re-\ncomputation under section 147 of the Act. In other words, if the learned\nAssessing officer, in such circumstances, proceeds with the subsequent\nproceedings, the same will be illegal and void.\nThis proposition of law has been held by the Hon'ble Court in following cases :\nY. Narayana Chetty v. ITO (1959) 35 ITR 388-392 (SC)\nCIT

SMT. JAYA MOGRA,UDAIPUR vs. DCIT, CENTRAL CIRCLE-2, UDAIPUR

In the result, appeal of the assessee in ITA No

39,70,000/- is hereby deleted.” But the ld. CIT(A), contrary to this also enhanced the assessment by an amount of Rs. 21,45,000/- and the relevant finding of the ld. CIT(A) is also relevant to reproduced. The same is as under : “3.5.11 Now I pick up the thread left at para 3.5.5 above while deleting

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

reassessment or re-\ncomputation under section 147 of the Act. In other words, if the learned\nAssessing officer, in such circumstances, proceeds with the subsequent\nproceedings, the same will be illegal and void.\nThis proposition of law has been held by the Hon'ble Court in following cases :\nY. Narayana Chetty v. ITO (1959) 35 ITR 388-392 (SC)\nCIT

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

reassessment or re-\ncomputation under section 147 of the Act. In other words, if the learned\nAssessing officer, in such circumstances, proceeds with the subsequent\nproceedings, the same will be illegal and void.\nThis proposition of law has been held by the Hon'ble Court in following cases :\nY. Narayana Chetty v. ITO (1959) 35 ITR 388-392 (SC)\nCIT

AJMER DEVELOPMENT AUTHORITY,AJMER vs. CIT(EXEMPTION)/ ITO (EXEMPTION), JAIPUR / JODHPUR

In the result, the stay application filed by the assessee is dismissed

Bench: Shri Kul Bharatshri Manish Borad

1) of s. 148; (iii) the AO may assess or reassess such income, which he has reason to believe, has escaped assessment and also any other income chargeable to tax which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under the section; and (iv) though the notice under s. 148(2) does

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

ACIT, CENTRAL CIRCLE-2, UDAIPUR, UDAIPUR vs. M/S MEWAR HOSPITAL PVT. LTD., UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

MEWAR HOSPITAL PVT. LTD. ,UDAIPUR vs. ACIT, CENTRAL CIRCLE-2, UDAIPUR

In the result the appeal of the assessee in ITA No

39,988/-, the AO has held that the assessee has suppressed the gross receipts for the AY 2012-13 by Rs. 1,67,54,824/- and has therefore, made the aforesaid addition to the total income of the appellant. (vi) It is observed that the document has been seized from the premises of the appellant and therefore it is presumed

SAMPAT LAL LODHA ,NATHDWARA vs. ITO, WARD-2, RAJSAMAND

In the result, both appeals of the assessee are allowed

39,86,176/- declaring GP rate of 18.90% which is better than the G.P. rate of 15.22% declared for the just preceding year but lesser than the G.P. rate of 19.90% declared for the Assessment year 2008-09. During the course of assessment proceedings, the assessee was asked to furnish necessary details and to produce complete books of accounts