M/S N CHAURASIA ASSOCIATES,,SONEBHADRA vs. ACIT,, MIRZAPUR

In the result, while the appeal of the assessee is partly allowed the appeal of the Department is held to be allowed for statistical purposes

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2014-15 Assistant Commissioner Of Vs. M/S N. Chaurasia Associates, Income Tax, Circle-3, Mirzapur Shaktinagar, Sonebhadra Pan:Aajfm0374N (Appellant) (Respondent) & A.Y. 2014-15 M/S N. Chaurasia Associates, Vs. Dy. Commissioner Of Income Khadia Bazar, Shaktinagar, Tax, Circle-Iii, Mirzapur Sonebhadra Pan:Aajfm0374N (Appellant) (Respondent) Assessee By: Sh. Navin C. Agrawal, C.A. & Ms. Nita Goyal, C.A. Revenue By: Sh. Amalendu Nath Mishra, Cit Dr Date Of Hearing: 25.10.2024 Date Of Pronouncement: 31.12.2024 O R D E R Per Nikhil Choudhary, A.M.: These Two Appeals For Have Both Been Filed Against The Order Under Section 250 Passed By The Ld. Cit(A), Allahabad On 10.01.2019. The Grounds Of Appeal Preferred By The Revenue In Ita No. 41/Alld/2019, Are As Under:- "Whether On The Facts & Circumstances Of The Case & In Law The Ld.Cit(A) Has Not Erred In Allowing The Relief Of Rs. 6,51,65,031/- By Accepting The Assessee'S Statement That The Receipts Are From Its Business Activity In Civil Construction Without Any Verifiable A.Y. 2014-15 M/S N. Chaurasia Associates

depreciation was not as poor as what was reflected by the ld. AO because of the higher turnover displayed by the assessee in its revised return and furthermore ,the assessee had quoted low rate of execution of contract to get greater business and therefore, there was a depression in the amount of net profit. No adverse inference should therefore

RAJESH KUMAR JAISWAL,,ALLAHABAD vs. DEPUTY/ACIT(CENTRAL), ALLAHABAD

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

Bench: the query raised by the assessing authority vide questionnaire issued under section 142 (1) dated 23.01.2021, in assessment proceedings for the AY 2018-19.

1), before responding to the ld. AO. The very fact that the assessee paid the tax before the specific query was raised, went to show his bona fides. Accordingly, section 69 was not applicable and therefore, that should not be levied under section 115BBE. 11. We have duly considered the facts and circumstances of the case. The first issue

BRAJESH AGRAWAL,PRAYAGRAJ vs. ASST. DIRECTOR OF INCOME TAX, BENGALURU

In the result, the appeal of the assessee is allowed

Bench: Shri.Vijay Pal Rao & Shri. Ramit Kocharassessment Year: 2021-22 Brajesh Agrawal, V. Asstt. Director Of Income Tax, Cpc, Bengaluru 3/15, Patrika Marg, Civil Lines, Allahabad, U.P. Pan-Acbpa3797R (Appellant) (Respondent) Assessee By: Sh. Saurabh Agrawal, C.A. Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.03.2023 Date Of Pronouncement: 24.03.2023 O R D E R

11,26,000.00 Interest on PPF 3,41,127.00 Interest on S.B. A/c 30,185.00 Interest on FDR 2,771.32 Dividend Received 4,713.89 Interest on Bonds 16,260.00 Total (Rs.) 15,21,057.21 without considering the fact that aforesaid sum/income had already been offered to taxation by the appellant in his original return of income filed under section

KESARWANI & C0.,ALLAHABAD vs. JT.CIT., ALLAHABAD

In the result the appeal of the assessee is partly allowed

sections 147/148 of the Act and those powers are saved.” Therefore, in view of the decision of the Hon’ble Supreme Court in the aforesaid case, the ground no. 1 is accordingly allowed and would govern our appreciation of the individual additions made in the course of assessment. 11. Ground no.2 relates to addition

KESARWANI & CO.,ALLAHABAD vs. JT.CIT,, ALLAHABAD

In the result the appeal of the assessee is partly allowed

sections 147/148 of the Act and those powers are saved.” Therefore, in view of the decision of the Hon’ble Supreme Court in the aforesaid case, the ground no. 1 is accordingly allowed and would govern our appreciation of the individual additions made in the course of assessment. 11. Ground no.2 relates to addition

KESARWANI & C0,,ALLAHABAD vs. JT CIT,, ALLAHABAD

In the result the appeal of the assessee is partly allowed

sections 147/148 of the Act and those powers are saved.” Therefore, in view of the decision of the Hon’ble Supreme Court in the aforesaid case, the ground no. 1 is accordingly allowed and would govern our appreciation of the individual additions made in the course of assessment. 11. Ground no.2 relates to addition

POOJA GROVER,ALLAHABAD vs. DCIT, CIR-2,, ALLAHABAD

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

Bench: Shri Subhash Malguria & Shri Nikhil Choudhary

11 made payments to assessee was not sufficient to discharge burden placed on assessee by section 68. Hon'ble Andhra Pradesh High Court in the case of Gayathri Associates vs. Income Tax Officer, Hyderabad held that assessee was expected to establish proof of identity of creditors, capacity of creditors and genuineness of creditors in order to discharge onus cast

ACIT,, ALLAHABAD vs. M/S KESARWANI & CO., ALLAHABAD

In the result, appeal in ITA No

11. We have duly considered the facts and circumstances of the case. At the very outset, it is pertinent to point out that this is an assessment under section 143(3), covering the final year of the search, where no previous assessment or processing has taken place, since the return was filed after the date of search and therefore

KESARWANI & CO.,ALLAHABAD vs. JT.CIT,, ALLAHABAD

In the result, appeal in ITA No

11. We have duly considered the facts and circumstances of the case. At the very outset, it is pertinent to point out that this is an assessment under section 143(3), covering the final year of the search, where no previous assessment or processing has taken place, since the return was filed after the date of search and therefore