TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3) , ALLAHABAD

In the result, the appeal filed by assessee in ITA no

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

Section 40(a)(ia) and 43B. It was submitted by ld. DR that the assessee has submitted details/evidences / explanations for the first time before ld. CIT(A) , and that the no remand report was called by CIT(A) from AO , which is in breach of Rule 46A of Income-tax Rules, 1962.The prayers were made

ZILA SAHKARI BANK LTD.,MIRZAPUR vs. ASSTT. COMMISIONER OF INCOME TAX, MIRZAPUR

In the result, appeal filed by the assessee in ITA no

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

depreciation as has been sustained by the “CIT(A)” is wholly erroneous. 7. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice.” 2b. The grounds of appeals raised by assessee in ITA Nos. 136/Alld./2015 for ay: 2011-12 in memo of appeal filed with tribunal , reads as under: “1. BECAUSE assessment order dated

ZILA SAHKARI BANK LTD,,MIRZAPUR vs. JT. C.I.T.,, MIRZAPUR

In the result, appeal filed by the assessee in ITA no

Bench: Shrivijay Pal Rao & Shri Ramit Kochar

depreciation as has been sustained by the “CIT(A)” is wholly erroneous. 7. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice.” 2b. The grounds of appeals raised by assessee in ITA Nos. 136/Alld./2015 for ay: 2011-12 in memo of appeal filed with tribunal , reads as under: “1. BECAUSE assessment order dated

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.

7. Because learned CIT (A) erred in law as well as on facts, in confirming the denial of deduction claimed under section 24(a), under the income from house property as received by the appellant on account of rent from Hewett Road Property and property situated at Katra, Allahabad, treating the same as business income which is against the evidence

SHREE SUDHAKAR PANDEY,SONBHEDRA vs. ACIT RANGE-III,, MIRZAPUR

In the result, the appeal of the assessee is dismissed

Bench: Shri.Vijay Pal Raoassessment Year: 2014-15 Shree Sudhakar Pandey, Civil Line, V Acit, Robertsganj, Sonebhadra, Uttar Pradesh- . Range-Iii, Mirzapur, U.P. 231216 Pan-Alds03711B (Appellant) (Respondent) Appellant By: Sh. Ashish Bansal, Adv Respondent By: Mr. A.K. Singh, Sr. Dr Date Of Hearing: 07/12/2021 Date Of Pronouncement: 17/12/2021 O R D E R

Section 44AD of the Act. Accordingly, the claim of depreciation is not allowed to the assessee.” 7. Thus, the Assessing

ACIT CIRCLE-2, ALLAHABAD vs. M/S SHERWANI SUGAR SYNDICATE LTD., ALLAHABAD

In the result, appeal filed by the Revenue in ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 1997-98 The Assistant Commissioner Of V. M/S Shervani Sugar Syndicate Income-Tax, Circle-2, Ltd., Allahabad, U.P. 28, South Road , Allahabad,U.P. Pan/Gir: 19-653-Cv-3480 New Pan: Not Available (Appellant) (Respondent)

Section 43B in such a scenario as ultimately, the assessee will be claiming depreciation u/s 32 of the 1961 Act on the interest being capitalized , even though presently as claimed by assessee, the interest is capitalized by debiting to Capital Work in progress and not debited presently to P&L Account(which also requires verification ) . Since, all these aspects were

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

section 10 of the Income Tax Act. In the return of income, the assessee has declared business loss of Rs. 7,63,940/- and income from house property of Rs. 7,88,200/-. The assessee has also declared income from other sources at Rs. 3,37,670/- comprising of interest from saving bank account, interest on FDR, other items

ACIT, CIRCLE-3, MIRZAPUR vs. M/S N CHAURASIA ASSOCIATES, , SONEBHADRA (AAJFM0374N)

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

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

VINOD KUMAR TANDON,ALLAHABAD vs. DCIT(CPC),, BEGALURU

In the result, appeal of the assessee is dismissed

7. Having considered the claim of the assessee as well as the submissions of the learned DR, at the outset, we note that though the assessee has paid the employees’ contribution towards PF and ESI before the due date of filing of return under section 139(1) however, since there is a delay as per the respective acts governing

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

In the result, appeal in ITA No

7,257/- on account of vehicle expenses, Rs.49,486/- on account of depreciation expenses and Rs.7,000/- on account of repair and maintenance expenses. These additions were made by the ld. AO on account of the fact that marketing and petrol expenses (out of surti expenses) were not fully vouched or were claimed through self-made vouchers and therefore

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

In the result, appeal in ITA No

7,257/- on account of vehicle expenses, Rs.49,486/- on account of depreciation expenses and Rs.7,000/- on account of repair and maintenance expenses. These additions were made by the ld. AO on account of the fact that marketing and petrol expenses (out of surti expenses) were not fully vouched or were claimed through self-made vouchers and therefore

MOHD. SULAMAN FAROOQUI ,PRATAPGARH vs. INCOME TAX OFFICER , PRATAPGARH

In the result, the appeal is dismissed

depreciation by disallowing 10% of expenses claimed is highly unjustified. 6. That in any view of the mater addition of Rs, 11,18,805/- out of cash deposit in bank account is highly unjustified and the Assessing officer was wrong in invoking the p0rovisiojn of Section 68 of the Act hence the entire actin is bad in law. 7

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

section 251 of the Income Tax Act, 1961. 6. BECAUSE the National Faceless Appeal Centre (NFAC) has erred in law and on facts in sustaining disallowance of depreciation to the extent of Rs.5,29,827/- on the ground that supporting bills and vouchers to the extent of Rs.21,55,472/- are in the name of Umang Graver and Umang Sarees

COMMERCIAL AUTO SALES PVT.LTD,ALLAHABAD vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-2, ALLAHABAD

In the result, the appeal filed by the assessee with tribunal in ITA No

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2012-13

Section 32(1)(iii) of the 1961 Act, as the assessee has itself claimed depreciation on Balance ‘Block of Asset’ remaining after reducing consideration received on sale of vehicle. The ld. DR did not raised any objection towards dismissal of ground number 5 concerning disallowance of loss of Rs. 1,40,689/- on sale of vehicle(depreciable). After hearing both

M/S BHOLA FOOD PRODUCTS(P) LTD.,ALLAHABAD vs. JT. CIT,(OSD),, ALLAHABAD

In the result, both the appeals filed by assessee for ay: 2005-06 and 2009-10

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

Section 37(1) of the 1961 Act. The assessee is directed to submit all AY-2005-06 & 2009-10 relevant details/documents before the AO during the course of denovo assessment proceedings before the AO for determination of this issue. Needless to say that the AO shall provide proper and adequate opportunity of being heard to the assessee in accordance with

MEJA URJA NIGAM (P) LTD.,ALLAHABAD vs. INCOME TAX OFFICE WARD-2 (2), ALLAHABAD

In the result, both the appeals of the assessee for ay: 2015-16 and 2016-17

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

7…..…..In view of the aforesaid conflict of decisions between the Madras and the Andhra Pradesh High Courts, the Tribunal has referred the following question of law to this Court for decision: "Whether, on the facts and in the circumstances of the case, interest derived by the assessee from the borrowed funds which were invested in short-term deposits with

M/SPANDEY TRANSPORT CO.,SONEBHADRA vs. ITO,, MIRZAPUR

In the result, the appeal of assessee is treated as partly allowed for statistical purposes

Bench: Shri Vijay Pal Rao

7 -: ITA No.12 /ALLD/2018 assessment on the basis of best judgment. The Assessing Officer is required to estimate the income of the assessee as per the provisions of Section 145(3) r.w.s. 144 of the Act, by applying some reasonable and proper criteria. So far as the rejection of books of accounts and estimation of the income