JYOTI MEDISERVICES PRIVATE LIMITED,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, ALLAHABAD

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 153A have been framed by ACIT, Central Circle, New Delhi, therefore, prior approval of the JCIT in respect of each assessment year referred to under section 153A or 153B shall have to be obtained. Thus, no order of assessment or re-assessment shall be passed by the A.O. in the present cases in respect of each assessment

ASSISTANT COMMISSIONER OF INCOME TAX, ALLAHABAD vs. JYOTI MEDISERVICES LTD., ALLAHABAD

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 153A have been framed by ACIT, Central Circle, New Delhi, therefore, prior approval of the JCIT in respect of each assessment year referred to under section 153A or 153B shall have to be obtained. Thus, no order of assessment or re-assessment shall be passed by the A.O. in the present cases in respect of each assessment

JYOTI MEDISERVICES PRIVATE LIMITED, ,ALLAHABAD vs. DCIT, CENTRAL CIRCLE, , ALLAHABAD

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 153A have been framed by ACIT, Central Circle, New Delhi, therefore, prior approval of the JCIT in respect of each assessment year referred to under section 153A or 153B shall have to be obtained. Thus, no order of assessment or re-assessment shall be passed by the A.O. in the present cases in respect of each assessment

ASHA TEWARI,MAHARAJGANJ vs. ITO, 1(4), MAHARAJGANJ

In the result, the appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Asha Tewari, Vs. Income Tax Officer, Partawal, Maharajganj, U.P. Maharajganj Pan:Adjpt8320L (Appellant) (Respondent) Assessee By: Sh. Arvind Shukla, Advocate Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 23.10.2024 Date Of Pronouncement: 31.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed Against The Order Of The Ld. Cit(A), Nfac, On 18.03.2024 Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred By The Assessee Are As Under: - “1. Because The Learned Authorities Below Have Erred In Law As Well As On Facts In Sustaining Addition Of Rs 21,55,000/- U/S 69A Which Actually Represented Receipts From Sale Of Petroleum Products Routed Through The Audited Books Of Accounts. 2. Because The Learned Cit(A) Has Erred In Sustaining Addition Of Rs 21,55,000/- U/S 69A Without Appreciating That The Said Section Is Not Applicable To The Facts Of The Case As The Entries Of Bank Deposits Are Flowing Directly From The Audited Books Of Accounts. 3. Because The Addition Of Rs 21,55,000/- Has Been Made & Sustained Simply On Negative Presumptions, Conjectures & Surmises To The Entire Exclusion Of Facts On Record. 4. Because The Learned Authorities Below Have Failed To Appreciate That During Demonetization Petrol Pumps Were Exempted From Taking Old Sbn & Hence There Was Nothing Unusual Or Incorrect With All Entries Routed Properly Through Audited Books Of Accounts.” 1 A.Y. 2017-18 Asha Tewari

section 142(1) along with questionnaire, asking the assessee to explain the nature and source of cash deposits in all her bank accounts, during the year and especially during the demonetization period. The assessee was also required to produce the cash book and the stock register for the full year, for both F.Ys

DINESH KUMAR SINGH,MIRZAPUR vs. PR. COMMISSIONER OF INCOME TAX, ALLAHABAD

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

83 (Amritsar-Trib.). The ld. Counsel for the assessee also relied upon the order of ITAT, Amritsar Bench in the case of Jiwan Kumar v. PCIT, Bhatinda, reported in (2017) 82 taxmann.com 221(Amritsar-tribunal). It was submitted that Section 263 was amended and an Explanation-2 was inserted by the Finance Act, 2015. Our attention was also drawn

ALLAHABAD DEVELOPMENT AUTHORITY,ALLAHABAD vs. ACIT (EXEMPTION), LUCKNOW

In the result all three appeals of the Assessee are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

section 20(2) of the 1973 Act, mandate that the funds of the authority are to be applied towards meeting the expenses of the authority in the administration of that Act and for no other purpose. iv. The contention of the Revenue that the assessee was a commercial enterprise which had undertaken various civil construction work on behalf

ALLAHABAD DEVELOPMENT AUTHORITY,ALLAHABAD vs. ACIT (EXEMPTION), LUCKNOW

In the result all three appeals of the Assessee are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

section 20(2) of the 1973 Act, mandate that the funds of the authority are to be applied towards meeting the expenses of the authority in the administration of that Act and for no other purpose. iv. The contention of the Revenue that the assessee was a commercial enterprise which had undertaken various civil construction work on behalf

ALLAHABAD DEVELOPMENT AUTHORITY,ALLAHABAD vs. ACIT (EXEMPTION), LUCKNOW

In the result all three appeals of the Assessee are partly allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

section 20(2) of the 1973 Act, mandate that the funds of the authority are to be applied towards meeting the expenses of the authority in the administration of that Act and for no other purpose. iv. The contention of the Revenue that the assessee was a commercial enterprise which had undertaken various civil construction work on behalf

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

YOGI SATYAM,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

SANJANA,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

83,750/- only (ie. restricting addition of 50% which has been calculated@ 5% of Rs.73,50,000/-), even after having accepting the fact that the amount withdrawn by the appellant from his bank account which he has received in a fiduciary capacity and was custodian of those receipts of the ashram activities has been utilized for the purposes of trust