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124 results for “reassessment”+ Section 4(5)clear

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Key Topics

Section 148109Section 271(1)(c)103Section 27491Section 14790Addition to Income72Section 143(3)55Section 153A47Section 153D44Reassessment42Section 271

M/S S.P ENTERPRISES,JAMSHEDPUR vs. DCIT, JAMSHEDPUR

In the result, appeals filed by the assessee are allowed and the

ITA 33/RAN/2016[2007-08]Status: DisposedITAT Ranchi30 May 2018AY 2007-08

Bench: Shri N.S Saini & Pavan Kumar Gadale

For Appellant: S/Shri S.K.Poddar/Devesh Poddar, ARsFor Respondent: Shri P.K.Mondal, JCIT
Section 139(5)Section 142(1)Section 143(2)Section 144Section 147Section 148

5) was to be considered as return filed in response to notice under section 148. Thereafter, Assessing Officer without issuing notice under section 143(2) passed reassessment order under section 148. Later, a notice under section 143(2) was issued but after expiry of limitation period prescribed for issuance of such notice- Whether reassessment notice under section 148 as well

Showing 1–20 of 124 · Page 1 of 7

37
Penalty29
Search & Seizure27

SURESH KUMAR AGARWAL,DHANBAD vs. ACIT,C.C., DHANBAD

In the result, all the three appeals of the assessee are allowed

ITA 32/RAN/2019[2009-10]Status: DisposedITAT Ranchi22 May 2019AY 2009-10
For Appellant: Shri D.Sanigarhi, CAFor Respondent: Shri P.K.Mondal, ACIT(DR)
Section 132Section 153ASection 271(1)(c)

4 and submitted that the AO has invoked provision of Explanation 5 to Section 271(1)(c) of the Act for imposing penalty on the assessee, which provides that, where in the course of a search initiated under section 132 of the Act before the 1st day of June, 2007, the assessee is found to be the owner

SURESH KUMAR AGARWAL,DHANBAD vs. ACIT,C.C., DHANBAD

In the result, all the three appeals of the assessee are allowed

ITA 31/RAN/2019[2008-09]Status: DisposedITAT Ranchi22 May 2019AY 2008-09
For Appellant: Shri D.Sanigarhi, CAFor Respondent: Shri P.K.Mondal, ACIT(DR)
Section 132Section 153ASection 271(1)(c)

4 and submitted that the AO has invoked provision of Explanation 5 to Section 271(1)(c) of the Act for imposing penalty on the assessee, which provides that, where in the course of a search initiated under section 132 of the Act before the 1st day of June, 2007, the assessee is found to be the owner

SURESH KUMAR AGARWAL,DHANBAD vs. ACIT,C.C., DHANBAD

In the result, all the three appeals of the assessee are allowed

ITA 33/RAN/2019[2010-11]Status: DisposedITAT Ranchi22 May 2019AY 2010-11
For Appellant: Shri D.Sanigarhi, CAFor Respondent: Shri P.K.Mondal, ACIT(DR)
Section 132Section 153ASection 271(1)(c)

4 and submitted that the AO has invoked provision of Explanation 5 to Section 271(1)(c) of the Act for imposing penalty on the assessee, which provides that, where in the course of a search initiated under section 132 of the Act before the 1st day of June, 2007, the assessee is found to be the owner

INCOME TAX OFFICER, RANCHI, JHARKHAND vs. AMBA CARBONISATION PVT. LTD., RANCHI, JHARKHAND

In the result, the appeal of the revenue is dismissed

ITA 61/RAN/2024[2013-14]Status: DisposedITAT Ranchi06 Jan 2026AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.61/Ran/2024 Assessment Year: 2013-14 Ito, Ranchi………..…………….…….…...................................……….……Appellant Vs. Amba Carbonisation Pvt. Ltd ……....….…..….........……........……...…..…..Respondent 21, Ashok Bhawan, Kali Asthan Road, Ranchi, Jharkhand. [Pan: Aadca7460J] Appearances By: Shri Kanhaiya Lal Kanak, Cit, Appeared On Behalf Of The Appellant. Shri Devesh Poddar, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 18, 2025 Date Of Pronouncing The Order : January 06, 2026 Order Per Sonjoy Sarma: This Appeal Filed By The Revenue Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Ld. Cit(A)”) Dated 15.01.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Is A Company Incorporated Under The Provisions Of The Companies Act & Is Engaged In The Business Of Manufacturing & Trading Of Special Smokeless Coal/Coke. The Assessee Also Derives Income By Way Of Interest On Bank Deposits. As Per Information Available With The Income-Tax Department, It Was Noticed That The Assessee’S Bank Accounts Reflected Substantial Cash Deposits, Which Were Allegedly Withdrawn Immediately Through Rtgs/Neft Transactions. It Was Further Observed That There Existed A Difference Between The Turnover Disclosed By The Assessee In The Return Of Income & The Total Credits Appearing In The Bank Accounts. On The Basis Of The Above Information, The Assessing Officer (Ao) Initiated Reassessment Proceedings By Issuing A Notice Under Section 148 Of The

Section 139Section 142(1)Section 143(2)Section 143(3)Section 144BSection 147Section 148Section 250Section 270ASection 273B

4. Dissatisfied with the above order, the Revenue is in appeal before us contending that notice under section 143(2) of the Act dated 21.01.2022 was issued. The assessee participated in the reassessment proceedings. The ld. CIT(A) erred in quashing the reassessment order on technical grounds. The learned Departmental Representative supported the assessment order and submitted that issuance

SMITA,RANCHI vs. ITO WARD 3(4),, CHAIBASA

The appeal of the assessee is allowed

ITA 266/RAN/2025[2018-19]Status: DisposedITAT Ranchi06 Jan 2026AY 2018-19

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI RATNESH NANDAN SAHAY (Accountant Member)

Section 144BSection 147Section 148Section 151

reassessment order passed under section 147 of the Act is quashed. 11. Accordingly, the appeal of the assessee is allowed. Order pronounced on 06.01.2026 (Ratnesh Nandan Sahay) (Sonjoy Sarma) Accountant Member Judicial Member Dated: 06.01.2026 AK, Sr. P.S. Copy of the order forwarded to: 1. Appellant 2. Respondent 3. Pr. CIT 4. CIT(A) 5

M/S NANDLAL KESHARDEO,RANCHI vs. ACIT, CENTRAL CIRCLE (1), RANCHI

In the result, this appeal filed by the assessee is allowed

ITA 15/RAN/2025[2016-2017]Status: DisposedITAT Ranchi12 Nov 2025AY 2016-2017

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 132(1)Section 132(4)Section 153ASection 271(1)(c)Section 271ASection 274

5 M/s Nandlal Keshardeo Vs ACIT (i) which has ended before the date of search, but the date of furnishing the return of income under sub-section (1) of section 139 for such year has not expired before the date of search and the assessee has not furnished the return of income for the previous year before the date

SRI SANJAY KUMAR SHARDA,WEST SINGHBHUM vs. ACIT, C.C.-1, RANCHI

Appeal is allowed

ITA 282/RAN/2019[2016-17]Status: DisposedITAT Ranchi16 Jul 2020AY 2016-17

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Assessment Year:2016-17 बनाम Sri Sanjay Kumar Sharda Acit, Central Circle-1, Ranchi / Barajamda, West Singhbhum, V/S. Jharkhand-833221. Pan No.Ahwps4875Q अपीलाथ" /Appellant ""यथ" /Respondent ..

Section 271Section 271ASection 274

5 (1) No order imposing a penalty under this Chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. (2) No order imposing a penalty under this Chapter shall be made- (a) by the Income- tax Officer, where the penalty exceeds ten thousand rupees; (b) by the Assistant Commissioner, where

M/S SHRI RAM POWER & STEEL PVT. LTD.,,KOLKATA vs. ACIY, C.C.1, RANCHI

Appeal is allowed

ITA 284/RAN/2019[2016-17]Status: DisposedITAT Ranchi21 Jul 2020AY 2016-17

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2016-17

Section 132Section 139Section 153ASection 271Section 271(1)(c)Section 271ASection 271MSection 274

5 *Have without reasonable cause failed to comply with a notice under section 22(4}/23(2) of the India Income Tax Act, 1922 or under section 142(1)/143(2) of the Income Tax Act 1961, No. dated have concealed the particulars of your Income or furnished inaccurate particulars of such Income. You are hereby requested to appear before

M/S P.K.UPADHYAY vs. ITO WARD-3(5), PALAMAU

In the result, the appeal of the assessee is partly allowed

ITA 105/RAN/2017[2010-11]Status: DisposedITAT Ranchi03 Aug 2022AY 2010-11

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Manish Borad

Section 143(3)Section 147Section 148

4- DEFINITION OF “PARTNERSHIP”, ”PARTNER”, “FIRM” AND “FIRM-NAME”. "Partnership” is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Persons who have entered into partnership with one another are called individually, "partners” and collectively "a firm", and the name under which their business

BISHNU TRANSPORT COMPANY,DHANBAD vs. DCIT/ACIT, CIRCLE-1,, DHANBAD

In the result, the appeal of the assessee is allowed

ITA 401/RAN/2024[2011-12]Status: DisposedITAT Ranchi06 Jan 2026AY 2011-12

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI RATNESH NANDAN SAHAY (Accountant Member)

Section 143(3)Section 147Section 148Section 151Section 151oSection 68

4. Dissatisfied with the order of the CIT(A) assessee is in appeal before this tribunal. Before us, the assessee filed an additional legal ground challenging the validity of the reassessment proceedings on the ground that the approval obtained under section 151 of the Act for issuance of notice under section 148 of the Act was granted in a mechanical

M/S CHHAGANLAL AGARWAL,CHAIBASA vs. ITO,WARD-3(4), CHAIBASA

In the result, appeal of the assessee is allowed

ITA 319/RAN/2018[2010-11]Status: DisposedITAT Ranchi29 Aug 2019AY 2010-11

Bench: Shri Chandra Mohan Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.319/Ran/2018 (नििाारण वषा / Assessment Year :2010-2011) M/S Chhaganlal Agarwal, Vs. Ito Ward-3(4), Chaibasa Bari Bazar, Chaibasa-833201 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaffc 6053 J (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्धाऩिती की ओर से /Assessee By : Shri Devesh Poddar, Advocate राजस्व की ओर से /Revenue By : Shri P.K.Mondal, Addl.Cit(Dr)

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri P.K.Mondal, Addl.CIT(DR)
Section 143(3)Section 147Section 234ASection 40

reassess such income and also any other income chargeable to tax 5 which has escaped assessment and which comes to his notice subsequently in the course of the proceedings under this section, or recompute the loss or the depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section

MARS MERCANTILES PVT.LTD.,DHANBAD vs. ASSISTANT COMMISSIONE OF INCOME TAX, CENTRAL CIRCLE, DHANBAD, DHANBAD

In the result, appeal of the assessee is allowed

ITA 73/RAN/2022[2012-13]Status: DisposedITAT Ranchi05 Jun 2023AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2012-13

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri Pranab Kr. Koley, Sr. DR
Section 143(3)Section 147Section 148Section 68

4. While taking the additional ground challenging the legality of the reassessment proceedings initiated u/s. 148 of the Act and the order passed u/s. 147 read with section 143(3) of the Act, assessee has prayed that the legal ground goes to the root of the matter for which all the facts are already on record

OM PRAAKSH SINGH,RANCHI vs. DCIT, CIRCLE-1, RANCHI

In the result, appeal filed by the assessee is allowed

ITA 361/RAN/2018[2009-10]Status: DisposedITAT Ranchi10 Sept 2020AY 2009-10

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Om Prakash Singh Vs. Dcit, Circle-1, Ranchi Sankalp, East Jail Road, Ranchi- 834001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agkps0300D (अपीलाथ" /Appellant) .. (""थ" / Respondent)

For Appellant: Shri Manjit Verma, A/RFor Respondent: Shri A. K. Mohanti, JCIT, Sr. DR
Section 142(1)Section 143(3)Section 147Section 148Section 234CSection 263Section 37(1)

reassessment proceedings was claimed to be started by assessing officer on 24.12.2014 which is also beyond four years. 8. It is a settled position of law that where an assessment under sub-section 3 of section 143 has been made for the relevant assessment year, then no action shall be taken under 5 Om Prakash Singh Assessment Year

MAYUR RICE MILLS PRIVATE LIMITED,JHUMRITELAIYA vs. PCIT, RANCHI

In the result, the appeal of the assessee is allowed

ITA 33/RAN/2022[2012-13]Status: DisposedITAT Ranchi02 Nov 2022AY 2012-13

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Rajesh Kumar, Hon’Bleassessment Year: 2012-13 Mayur Rice Mills Private Limited Pr. Cit, Ranchi Gujhandi Road Vs Vill – Barwadih, Jhumritelaiya Pin - 825409 Pan : Aafcm5928H अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Pransukha, A/R Revenue By : Shri Sanjay Mukherjee, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 21/09/2022 घोषणा क" तारीख /Date Of Pronouncement : 02/11/2022 आदेश/O R D E R Per Shri Rajesh Kumar: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax (Appeals) - Ranchi (Hereinafter ‘Ld. Pr. Cit’), Dated 30/03/2022, Passed Under Section 263 Of The Income Tax Act, 1961 (In Short “The Act”), For Assessment Year 2012-13. 2. The Sole Issue Raised In The Various Grounds Of Appeal Is Against The Invalid Exercise Of Jurisdiction U/S 263 Of The Act By The Ld. Pr. Cit As The Revisionary Proceedings Are Hopelessly Barred By Limitation.

For Appellant: Shri S.K. Pransukha, A/RFor Respondent: Shri Sanjay Mukherjee, CIT, D/R
Section 133(6)Section 143(3)Section 147Section 263Section 263(2)Section 56(2)(vii)

5. The ld. Counsel for the assessee contended before us that the revisionary jurisdiction exercised by the ld. Pr. CIT is incorrect and hopelessly barred by limitation. The ld. Counsel for the assessee drew out attention to the provisions of Section 263(2) of the Act which provides for limitation for exercise of jurisdiction

KROSS LIMITED,JAMSHEDPUR vs. PCIT, RANCHI, RANCHI

In the result, the appeal of the assessee is allowed

ITA 34/RAN/2022[12-13]Status: DisposedITAT Ranchi06 Jun 2023

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 133(6)Section 143(3)Section 147Section 148Section 263Section 263(2)Section 56(2)(vii)

4 AY: 2012-13 Kross Limited years period of limitation shall run from the end of financial year in which the original assessment was framed and not from the end of financial year in which the reassessment was framed when the issue on which the assessment was revised was not subject matter of reassessment proceedings. The ld. A.R. also submitted

HIRALAL AGENCIES PVT. LTD.,,RANCHI vs. DCIT, CIRCLE-1, RANCHI

Appeal of the assessee is allowed

ITA 288/RAN/2024[2011-12]Status: DisposedITAT Ranchi20 Nov 2025AY 2011-12

Bench: the Ld. CIT(A) where appeal of the assessee was dismissed sustaining the order of the AO.

Section 142(1)Section 143(3)Section 144Section 147Section 148Section 151(1)

5,09,17,506/- vide order dated 17.12.2018 passed under Section 147 read with Section 144 of the Act. 3. Dissatisfied with the order of Ld. AO preferred an appeal before the Ld. CIT(A) where appeal of the assessee was dismissed sustaining the order of the AO. 4. Aggrieved, assessee has, inter alia, challenged the validity of the reassessment

LAXMI HARD COKE MFG CO.,DHANBAD vs. ITO WARD 1(1), DHANBAD

In the result, both appeals of the assessee are allowed

ITA 101/RAN/2023[2016-17]Status: DisposedITAT Ranchi05 Feb 2025AY 2016-17

Bench: Shri Partha Sarathi Chaudhury

Section 147Section 148Section 148ASection 153ASection 153BSection 153C

5. Reverting to the facts of the present case, admittedly, there was no search and seizure in the premises of assessee, the search had taken place in the premises of one Rohit Sharma wherein incriminating material pertaining to the assessee was found and that formed the basis for the department to proceed against the assessee under Section 147/148

LUXMI HARD COKE MFG. CO,,DHANBAD vs. ITO WARD-1(1), DHANBAD

In the result, both appeals of the assessee are allowed

ITA 102/RAN/2023[2018-19]Status: DisposedITAT Ranchi05 Feb 2025AY 2018-19

Bench: Shri Partha Sarathi Chaudhury

Section 147Section 148Section 148ASection 153ASection 153BSection 153C

5. Reverting to the facts of the present case, admittedly, there was no search and seizure in the premises of assessee, the search had taken place in the premises of one Rohit Sharma wherein incriminating material pertaining to the assessee was found and that formed the basis for the department to proceed against the assessee under Section 147/148

SRI AJAY KUMAR MURARKA,JAMSHEDPUR vs. ACIT,CIRCLE-1(1),, JAMSHEDPUR

In the result, appeal of the assessee is allowed

ITA 56/RAN/2019[2011-12]Status: DisposedITAT Ranchi13 Dec 2023AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal

For Appellant: Shri Akshay Ringasia, FCAFor Respondent: Shri Pranob Kumar Koley, Sr. DR
Section 10(38)Section 143(2)Section 147Section 148Section 234A

section 143(2) was issued against return under 148.” 4. On confrontation of these additional grounds for their admission, Ld. Sr. DR has not raised any objection. Accordingly, the same were admitted for adjudication. 5. Since additional grounds are on the jurisdictional issue, we are inclined to take up the same first. First three additional grounds relate to approval