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Manish Kumar Jajoo, Mumbai vs Acit 21(2), Mumbai on 20 August, 2019

In the case of DCIT vs. Mahendra Kumar Batra (supra) the co-ordinate bench of the Tribunal has held that if assessee has treated the securities as investments and not as stock in trade in all the years, in view of the CBDT circular No.6/2016, the Revenue is not permitted to take a contrary view in the present year and treat the securities as 12 ITA No.951/M/2019 M/s. Manish Kumar Jajoo stock in trade.
Income Tax Appellate Tribunal - Mumbai Cites 18 - Cited by 4 - Full Document

Aashita Garg, Nabha,Patiala vs Jao The Income Tax Officer Ward Nabha, ... on 18 August, 2025

10. I have heard the rival contentions and perused the material available on the record. In the instant case, it is noted that the notice under section 148 has been issued on 30/03/2023 by ITO Ward, Nabha who is the Jurisdictional AO and not by the Faceless Assessment Unit. The said notice has been issued almost after an year from the issuance of notification by Ministry of Finance, Government of India on 29/03/2022 requiring issuance of notice and conduct of assessment proceedings by the Faceless Assessment Unit. There is thus a clear breach of the binding notification so issued u/s 144B requiring issuance of notices and conduct of proceedings through the Faceless Assessment Unit. The Coordinate Bench in case of Aman Batra (supra) and thereafter in case of Bagga Singh (supra) has referred to the decision of the Hon'ble Jurisdictional High Court wherein the notice issued by the Jurisdictional AO has been quashed 5 by the Hon'ble Punjab & Haryana High Court and by following the same, it has been held that the notice so issued is bad in law. Nothing has been brought on record to deviate from the view so taken by the Coordinate Benches which in turn is guided by the decision of the Hon'ble Jurisdictional High Court. Respectfully following the decision of Hon'ble Jurisdictional High Court which has been followed by the Coordinate Benches in decisions referred supra, the notice so issued on 30/03/2023 by the jurisdictional AO i.e; ITO, Ward Nabha is clearly without jurisdiction and bad in law. In light of the same, the additional ground of appeal so taken by the assessee is hereby allowed.
Income Tax Appellate Tribunal - Chandigarh Cites 11 - Cited by 0 - Full Document

Dcit, Cc-3, Ludhiana, Kitchlu Nagar vs Mani Ram Balwant Rai Huf, Civil Lines on 9 February, 2026

9. Further, we are also of the opinion that the identical issue have been adjudicated by the Coordinate Bench in the case of Aman Batra (supra) and therefore we do not find any reason take a different view as taken by us in the case of Aman Batra(supra). Therefore the appeal of the Revenue is not maintainable and is required to be dismissed.
Income Tax Appellate Tribunal - Chandigarh Cites 26 - Cited by 0 - Full Document
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