ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

1. Whether on facts and circumstances of the case and in law, the Ld. CIT(A)-IV, Kanpur has erred in deleting the addition of Rs. 90,95,46.485/- on account of bogus purchase of Raw Boneless Meat, without appreciating the fact that some of the suppliers of raw boneless meat, under verification u/s 133(6) of the Act, have

HMA AGRO INDUSTRIES LIMITED,AGRA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, AGRA, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

1. Whether on facts and circumstances of the case and in law, the Ld. CIT(A)-IV, Kanpur has erred in deleting the addition of Rs. 90,95,46.485/- on account of bogus purchase of Raw Boneless Meat, without appreciating the fact that some of the suppliers of raw boneless meat, under verification u/s 133(6) of the Act, have

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, appeal filed by the assessee for AY 2019-20 is\nallowed and appeals filed by the Revenue in AYs 2021-22, 2022-23 and\n2023-24 are dismissed

C\" of Paper Book.\nD. Further, during the course of reassessment proceedings, the AO made an\nenquiry from the Md. Irfan vide summons issued dated 26.03.2023\nforming part of Supplementary paper Book at page 1,and the statement\nof Md. Irfan recorded on oath, wherein he had admitted that, he is\nengaged in trading of Alive animals and also confirmed

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED, AGRA

In the result, appeal filed by the assessee for AY 2019-20 is\nallowed and appeals filed by the Revenue in AYs 2021-22, 2022-23 and\n2023-24 are dismissed

C\" of Paper Book.\nD. Further, during the course of reassessment proceedings, the AO made an\nenquiry from the Md. Irfan vide summons issued dated 26.03.2023\nforming part of Supplementary paper Book at page 1,and the statement\nof Md. Irfan recorded on oath, wherein he had admitted that, he is\nengaged in trading of Alive animals and also confirmed

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

bogus liability was created by the assessee and refund of allotment money of Rs.2,37,29,097/- was made in cash on a single day through unsigned voucher. ITA No.216/Agr/2016, 183/Agr/2014,439/Agr/2015 & ITA No. 177/Agr/2014 18 (vi) That, the Ld.CIT(A) has erred in law & on facts by deleting the addition of Rs.57,68,605/-, on account of under section

SMT. VIDHYA AGARWAL,AGRA vs. I.T.O., WARD-4(4), AGRA

The appeal is allowed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

13 I.T.A No. 216 /Agra/2012 & Others ITAT Agra Bench and Delhi Bench, which have been so vehemently relied upon by the Ld. ARs were distinguishable on facts. It was also submitted that each case has to be adjudicated on its own peculiar sets of facts. The sum and substance of the arguments of the Ld. Sr. DR is that

M/S VERMA SERVICE STATION,FIROZABAD vs. D.C.I.T., RANGE-5, FIROZABAD

In the result, the appeal of the assessee is dismissed

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

purchasers and date / mode / source of receipts.In appellate proceedings assessee was again asked that the partner should be produced with all these documentary proofs for receipt of cash against advance for sale of land as before the ITAT, the counsel of the assessee has accepted that these are unaccounted income in the hands of the assessee I.T.A No. 349/Agra/2018

SARIF,JALESAR ETAH vs. ASSESSING OFFICER, WARD-4(3)(1) , ETAH

In the result, both the appeals ITA Nos

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

bogus purchases, vide assessment order dated 22.05.2023 passed u/s. 147 r.w.s. 144B of the Act. 4. Aggrieved, assessee preferred first appeal before learned CIT(Appeals), who dismissed the same upon rejection of assessee’s prayer for condonation of delay. 5. This second appeal has been preferred mainly on the ground that the ld. CIT(Appeals) has erred in rejecting assessee

SARIF,JALESAR, ETAH vs. ASSESSIN OFFICER, WARD-4(3)(1), DINESH NAGAR ETAH

In the result, both the appeals ITA Nos

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

bogus purchases, vide assessment order dated 22.05.2023 passed u/s. 147 r.w.s. 144B of the Act. 4. Aggrieved, assessee preferred first appeal before learned CIT(Appeals), who dismissed the same upon rejection of assessee’s prayer for condonation of delay. 5. This second appeal has been preferred mainly on the ground that the ld. CIT(Appeals) has erred in rejecting assessee

MR. PRAMOD KUMAR KHANDELWAL,AGRA vs. DY.C.I.T.-1, AGRA

The appeals of the assessee are allowed in the terms indicated

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

13 treated as eligible export profits for the purposes of section 80HHC. Same view is taken by Delhi High Court in various cases. Interest on fixed deposits made for obtaining credit facilities for export business was excluded from the purview of export profits in CIT vs. Mrrrena Creations, 330 ITR 199(Delhi) following CIT vs Shri Ram Honda Power equip

MR. PRAMOD KUMAR KHANDELWAL,AGRA vs. DY.C.I.T.-1, AGRA

The appeals of the assessee are allowed in the terms indicated

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

13 treated as eligible export profits for the purposes of section 80HHC. Same view is taken by Delhi High Court in various cases. Interest on fixed deposits made for obtaining credit facilities for export business was excluded from the purview of export profits in CIT vs. Mrrrena Creations, 330 ITR 199(Delhi) following CIT vs Shri Ram Honda Power equip

ITO 1(1)(1)(5), AGRA vs. SHANTI CONSTRUCTIONS , AGRA

In the result, the appeal filed by revenue is dismissed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenaincome Tax Officer, Ward,1(1)(5), Vs.. M/S Shanti Constructions, Ug-13, Aayakar Bhawan, Agra Shanti Madhuvan Plaza, Delhi Gate, Agra (Appellant) (Pan: Aaufs3185N) (Respondent)

bogus advances from customers the ld.CIT(A) deleted such addition by holding that the advances from customers shown by the 4 appellant as on 31.03.2012 were all old balances and no part of it was received during the impugned year and thus, he did not find any reason to support the action of the AO to add this amount

SAPNA CHAUHAN,ETAWAH vs. ITO, ETAWAH

In the result,both the appeals in ITA No

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

C) No. 16930 of 2017 5. We have considered rival submissions, material on records and the case laws relied up by both the parties. First we would deal with the objection raised by the Sr. D.R regarding the admissibly and maintainability of ground challenging the validity of notice u/s 148 of the Act. The Ld Sr. D.R has objected that

DCIT CIRCLE 1(1), GWALIOR vs. SWASTIK ROADLINES P LTD, GWALIOR

In the result, the appeal of Revenue is treated as partly allowed for

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

section i.e 145(3) of the Act but in essence he had rejected the book results. Hon'ble Supreme Court in the case of CIT v/s MC Millan & Co. 33 ITR 182 (SC)has held that CIT(A) has powers to reject the books of accounts even if not done by AO. Therefore, looking to serious defects and non-compliance

MANOJ KUMAR JAIN,AGRA vs. ITO-1(2), AGRA

In the result, the appeal is allowed

Bench: : Shri A.D. Jainassessment Year: 2002-03

purchase and sale of shares of certain companies, gifts etc., which in fact never took place. The assessee is also one of the beneficiaries figuring in the list supplied as sated above and an amount of Rs.2,21,895/- through Inst. No. 13606 dated 22.02.2002. The said amount is found credited in the bank account of above named assessee maintained

M/S DEEPRAJ HOSPITAL P LTD,HATHRAS vs. ITO 3(5), HATHRAS

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

purchased,/invested amounts made as discussed by the assessee, are complete and genuine. The objection of the assessee company are carefully considered which are examined in the light of information received as well as factual and legal aspect. I.T.A Nos. 41 & 40/Agra/2017 12 In the instant case, what was to be seen was on the prime-facie material, the sufficiency

M/S CHARAN SINGH ICE & STORAGE P LTD,HATHRAS vs. ITO 3(5), HATHRAS

In the result, both the appeals are allowed

Bench: Shri A. D. Jain

purchased,/invested amounts made as discussed by the assessee, are complete and genuine. The objection of the assessee company are carefully considered which are examined in the light of information received as well as factual and legal aspect. I.T.A Nos. 41 & 40/Agra/2017 12 In the instant case, what was to be seen was on the prime-facie material, the sufficiency

JITENDRA KUMAR AGARWAL HUF,AGRA vs. DCIT, CIRCLE - 2(1)(1), AGRA

In the result, assessee’s appeal is allowed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

bogus sales. This action of the Ld. AO stood upheld by the Ld. CIT(A). The following points are undisputed and undisputable a. The assessee has shown cash sales as part of total sales disclosed by him in the sum of Rs. 7.07 Cr. in the profit and loss account. 5 | P a g e b. The purchases made

SHRI SWAMI RAM SWAROOP SHARMA,MATHURA vs. ITO WARD 3(4), MATHURA

In the result, both the appeals are treated as allowed, for statistical purposes

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenakapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Revenue) (Assessee) Kapil Sharma, Executor Of The Vs..Ito,3(4), Estate Of Late (Shri) Ram Swaroop Mathura. Sharma, Gandhi Marg, Vrindavan, Mathura. C/O R.M. Mehta S-125, Panchsheel Park (First Floor), New Delhi Pan:Anhps1936P (Assessee) (Revenue)

bogus income. This order is under challenge in the present appeal. By way of appeal effect, the assessee’s income was reduced to 6. Rs.11,87,436/-. Subsequently, the AO received AIR Information that the assessee, during the year, had sold an immovable property, having stamp value of Rs.36,50,000/-. The assessee having, as per the AO, not declared