MUSADDILAL MANSARAM INFRASTRUCTURE PVT. LTD., BILASPUR,BILASPUR vs. INCOME TAX OFFICER, WARD-1(1), BILASPUR, BILASPUR

The appeal of the assessee is allowed, whereas the appeal of revenue stands dismissed

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 160/Rpr/2025 (िनधा"रण वष" Assessment Year: 2015-16)

reassessment proceedings completed invoking the provisions of section 147 is bad in law and liable to be quashed. 9. Per contra, Dr. Priyanka Patel, Ld. Sr. DR representing the revenue submitted that the assessment were rightly completed under the provisions of section 147 of the Act, to support such contention she read the facts of case from the analysis

ANIL NACHRANI,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), BHOPAL, BHOPAL

The appeal of the assessee is allowed, in terms of our aforesaid observations

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am (Ita No. 47/Rpr/2022) (Assessment Year: 2012-13)

147 without issuing notice u/s 143(2) is bad in law and is a nullity. TITLE CITATION AUTHORITY Following S. Page No. N0. of the CLC The Hon'ble ITAT, 1. Shri Dev Narayan ITA No. 32/ 121 - Raipur Sahu vs. ITO RPR/2018 dated 132 of Bench 29.04.2022 LPB-3 Gulab Badgujar (2019) 179 ITD Hon'ble ITAT

SMT. PUSHPA JHABAK, RAIPUR,RAIPUR vs. PCIT-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

SANJOG JHABAK L/H OF LATE GAUTAM CHAND JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

SANKET JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

SMT. TILOTTAMA JHABAK, RAIPUR,RAIPUR vs. PCIT-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

SMT. SUSHILA DEVI JHABAK, RAIPUR,RAIPUR vs. PCIT-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

SAMPAT LAL JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, RAIPUR, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

SANJOG JHABAK, RAIPUR,RAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, RAIPUR-1, RAIPUR

In the result, all the appeals filed by the captioned assessees are allowed in terms of our aforesaid observations

Bench: Shri Ravish Sood & Shri Arun Khodpia

reassessment that was passed by the A.O u/s. 147 r.w.s. 144B of the Act, dated 30.05.2023, on the ground that he had exceeded his jurisdiction u/s. 263 of the Act, therefore, we deem it fit to first deal with the said material aspect. 28. Before proceeding any further, we deem it fit to cull out Section

KAMLESH KUKREJA, RAIPUR,RAIPUR vs. INCOME TAX OFFICER, WARD-1(1), RAIPUR, RAIPUR

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 379/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16)

69. As noted above, by virtue of TOLA, the AO had period of twenty-nine days limitation left on the date of commencement of the reassessment proceedings, which began on 01.06.2021, to issue a notice under Section 148 of the Act. The said notice was required to be accompanied by an order under Section 148A(d) of the Act. Thus

PRADEEP KUMAR AGRAWAL, DHAMTARI,DHAMTARI vs. INCOME TAX OFFICER, WARD-DHAMTARI, DHAMTARI

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 158, 159 & 160/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16, 2016-17 & 2017-18)

reassessment proceedings, having been Pradeep Kumar Agrawal vs ITO, Ward- Dhamtari done with the same set of facts which were available during the regular assessment, is to be held to be a clear case of change of opinion. 2. Atul Ltd (2020) (SC)- SLP dismissed (2020) 119 taxmann.com 287 Atul Ltd (2020) (Guj HC) (2020) 119 taxmann.com 286 3. Dell

PRADEEP KUMAR AGRAWAL, DHAMTARI,DHAMTARI vs. INCOME TAX OFFICER, WARD-DHAMTARI, DHAMTARI

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 158, 159 & 160/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16, 2016-17 & 2017-18)

reassessment proceedings, having been Pradeep Kumar Agrawal vs ITO, Ward- Dhamtari done with the same set of facts which were available during the regular assessment, is to be held to be a clear case of change of opinion. 2. Atul Ltd (2020) (SC)- SLP dismissed (2020) 119 taxmann.com 287 Atul Ltd (2020) (Guj HC) (2020) 119 taxmann.com 286 3. Dell

PRADEEP KUMAR AGRAWAL, DHAMTARI,DHAMTARI vs. INCOME TAX OFFICER, WARD-DHAMTARI, DHAMTARI

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita Nos: 158, 159 & 160/Rpr/2024 (िनधा"रण वष" Assessment Year: 2015-16, 2016-17 & 2017-18)

reassessment proceedings, having been Pradeep Kumar Agrawal vs ITO, Ward- Dhamtari done with the same set of facts which were available during the regular assessment, is to be held to be a clear case of change of opinion. 2. Atul Ltd (2020) (SC)- SLP dismissed (2020) 119 taxmann.com 287 Atul Ltd (2020) (Guj HC) (2020) 119 taxmann.com 286 3. Dell

DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR vs. SHRI VINAY AGRAWAL, MAHASAMUND

The appeal of the revenue stands dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 29 & 30/Rpr/2025 (िनधा"रण वष" Assessment Year: 2014-15, 2015-16)

69. As noted above, by virtue of TOLA, the AO had period of twenty-nine days limitation left on the date of commencement of the reassessment proceedings, which began on 01.06.2021, to issue a notice under Section 148 of the Act. The said notice was required to be accompanied by an order under Section 148A(d) of the Act. Thus

DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR vs. SHRI VINAY AGRAWAL, MAHASAMUND

The appeal of the revenue stands dismissed

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं. / Ita No: 29 & 30/Rpr/2025 (िनधा"रण वष" Assessment Year: 2014-15, 2015-16)

69. As noted above, by virtue of TOLA, the AO had period of twenty-nine days limitation left on the date of commencement of the reassessment proceedings, which began on 01.06.2021, to issue a notice under Section 148 of the Act. The said notice was required to be accompanied by an order under Section 148A(d) of the Act. Thus

DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR vs. USHA DEVI SINGHANIA, RAIPUR

In the result, appeal of the revenue in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.269 & 270/Rpr/2025 "नधा"रण वष" / Assessment Years : 2013-14 & 2015-16 The Deputy Commissioner Of Income Tax-1(1), Raipur (C.G.)

reassessment procedure u/s 147 to 151, w.e.f 01.04.2021. Thus, the old regime of re-assessment ended on 31.03.2021 and the new regime of re-assessment started from 01.04.2021. Due to COVID-19, the Government introduced the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (TOLA), extending time limits. Accordingly, the time available for the Department to issue notice

DEPUTY COMMISSIONER OF INCOME TAX-1(1), RAIPUR, RAIPUR vs. USHA DEVI SINGHANIA, RAIPUR

In the result, appeal of the revenue in ITA No

Bench: Shri Partha Sarathi Chaudhury & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.269 & 270/Rpr/2025 "नधा"रण वष" / Assessment Years : 2013-14 & 2015-16 The Deputy Commissioner Of Income Tax-1(1), Raipur (C.G.)

reassessment procedure u/s 147 to 151, w.e.f 01.04.2021. Thus, the old regime of re-assessment ended on 31.03.2021 and the new regime of re-assessment started from 01.04.2021. Due to COVID-19, the Government introduced the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 (TOLA), extending time limits. Accordingly, the time available for the Department to issue notice

EARTHSTAHL & ALLOYS LTD., RAIPUR,RAIPUR vs. INCOME TAX OFFICER, 3(1), RAIPUR, RAIPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.478/Rpr/2025 "नधा"रण वष" /Assessment Year : 2013-14 Earthstahl & Alloys Limited 5B Mohini Merline, Jayshree Vihar Pandritarai Mandi Gate, Ravigram S.O, Raipur-492 001 (C.G.) Pan: Aacce3567F .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-3(1), Raipur (C.G.) ……""यथ" / Respondent

69 of the paper book, wherein notice u/s. 148 of the Act as issued to the assessee for A.Y.2013-14 and the time period from the end of the relevant assessment year and the date of issuance of the notice which is 31.03.2021, therefore, such notice has been issued beyond four years from the end of the relevant assessment year. Further

SEEMA DEVI AGRAWAL,RAIGARH, CHHATTISGARH vs. INCOME TAX OFFICER, BILASPUR

In the result, appeal of the assessee is allowed

Bench: Shri Partha Sarathi Chaudhuryआयकर अपील सं./Ita No.250/Rpr/2025 "नधा"रण वष" /Assessment Year : 2015-16 Smt. Seema Devi Agrawal C/O. Sunil Kumar Agrawal Sewa Kund Road, Raigarh-496 001 (C.G.) Pan: Affpa4990K .......अपीलाथ" / Appellant बनाम / V/S.

147 of the IT Act, 1961. For these reasons, a proposal u/s.147 of the Act is submitted to Hon'ble CIT, Range-1, Bilaspur for according approval to issue notice u/s.148 of the Act. 5 Seema Devi Agrawal Vs. DCIT, Circle-1(1), Bilaspur Income tax Officer-3 Raigarh.” 6. It is discernible from the aforesaid “reasons to believe” that