VEDVATI SINGH,DEHRADUN vs. ACIT, CC, HALDWANI, HALDWANI

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

27 to 32/DDN/2023 which are as under: “That in facts and circumstances of the case, the Assessing Officer has erred in law in making addition being cash deposits in the bank accounts u/s 68 of the Act despite the fact that the appellant admittedly does not maintain books of account nor any books of accounts were found during the course

VEDVATI SINGH ,DEHRADUN vs. ACIT, HALDWANI

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

27 to 32/DDN/2023 which are as under: “That in facts and circumstances of the case, the Assessing Officer has erred in law in making addition being cash deposits in the bank accounts u/s 68 of the Act despite the fact that the appellant admittedly does not maintain books of account nor any books of accounts were found during the course

VEDVATI SINGH,DEHRADUN vs. ACIT, HALDWANI

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

27 to 32/DDN/2023 which are as under: “That in facts and circumstances of the case, the Assessing Officer has erred in law in making addition being cash deposits in the bank accounts u/s 68 of the Act despite the fact that the appellant admittedly does not maintain books of account nor any books of accounts were found during the course

VEDVATI SINGH,DEHRADUN vs. ACIT, HALDWANI

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

27 to 32/DDN/2023 which are as under: “That in facts and circumstances of the case, the Assessing Officer has erred in law in making addition being cash deposits in the bank accounts u/s 68 of the Act despite the fact that the appellant admittedly does not maintain books of account nor any books of accounts were found during the course

VEDVATI SINGH,DEHRADUN vs. ACIT,CC, HALDWANI, HALDWANI

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

27 to 32/DDN/2023 which are as under: “That in facts and circumstances of the case, the Assessing Officer has erred in law in making addition being cash deposits in the bank accounts u/s 68 of the Act despite the fact that the appellant admittedly does not maintain books of account nor any books of accounts were found during the course

RAJESH AGGARWAL,DEHRADUN vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, DEHRADUN

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

Bench: Sh. C. N. Prasad & Shri M. Balaganesh(Through Video Conferencing) Rajesh Aggarwal, Vs. Dcit, B-4, New Sabzi Mandi, Vikash Central Circle, Nagar, Distti. Dehradun Dehradun (Appellant) (Respondent) Pan: Aanpa7592E Assessee By : Shri Rajiv Sahni, Ca Revenue By: Shri A. S. Rana, Sr. Dr Date Of Hearing 24/08/2023 Date Of Pronouncement 15/09/2023

27,54,530/- was found from the assessee. The assessee was able to explain the said cash from his withdrawals only to the tune of Rs. 4,12,000/-. The remaining sum of Rs. 23,42,530/- remain unexplained cash. When this was confronted to the assessee, the assessee explained in his sworn statement

ACIT, MEERUT vs. SHRI SACHIN UPADHAYA, DEHRADUN

In the result, the appeal is dismissed

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumarassessment Year: 2007-08

27,65,430/-. Contesting the additions/disallowances made by the Assessing Officer, the assessee preferred appeal before the first appellate authority. In course of proceeding before the first appellate authority, the assessee furnished various additional evidences to substantiate its claim that the additions made are unsustainable. The submissions made by the assessee and the additional evidences furnished were forwarded

METRO FROZEN FRUIT & VEGETABLES PVT. LTD.,ROORKEE vs. DCIT, CIRCLE, HARIDWAR

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

Bench: Shri R.K. Panda & Shri N. K. Choudhry[Assessment Year: 2009-10] Metro Frozen Fruits & Dcit, Vegetables Pvt. Ltd. Circle Haridwar, Plot No.22, Rajpur, Vs Uttarakhan Bhagwanpur, Roorkee, Uttrakhand Pan-Aaecm4521F Assessee Revenue Assessee By Sh. Piyush Kuchhal, Fca Revenue By Ms. Poonam Sharma Cit-Dr Date Of Hearing 23.02.2022 Date Of Pronouncement 08.03.2022 Order Per R.K. Panda, Am, This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.01.2019 Of The Learned Cit(A), Dehradun, Relating To Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under:-

68,863/- 57,69,771/- 27,76,846/ 3,15,73,341/- 30,25,318/- 2,85,48,023/- 6 A.Y. 2009-10 Particulars Rate Addition Deduction Total WDV as on Dep for the WDV as on 01.04.2008 Year 31.03.2009 More than Less than 180 Days 180 Days Computer

DCIT, CENTRAL CIRCLE, DEHRADUN vs. SWARNGANGA CONSTRUCTION P.LTD, BHILWARA

In the result, both the appeals of the revenue are allowed for statistical purposes

Bench: Shri R.K. Panda & Shri V.P. Rao

68 of the act by submitting cogent documentary evidences. Hence, addition on this count is unwarranted. (C) Page No. 71 to 76 containing the transaction of Rs. 50,00,000/- by the appellant company being loan given to M/s. KamyaRealinvestPvt.Ltd. This page pertain to loan of Rs. 50,00,000/- advanced to M/s. KamyaRealinvestPvt. Ltd.. The confirmation from loanee

ACIT, UTTRAKHAND vs. M/S. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal filed by the Revenue is dismissed

Bench: Shri R.K. Panda & Shri Challa Nagendra Prasadassessment Year: 2012-13 Acit, Vs. Uttaranchal Jal Vidyut Circle-2, Nigam Ltd., 13-A, Subhash Road, Ujjwal, Maharani Bagh, Uttarakhand. Gms Road, Dehradun. Pan: Aaacu6672R (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate & Shri Somil Aggarwal, Advocate Revenue By : Smt. Poonam Sharma, Sr. Dr Date Of Hearing : 22.12.2021 Date Of Pronouncement : 24.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29Th December, 2016 Of The Cit(A), Dehradun, Relating To Assessment Year 2012-13. 2. The Only Effective Ground Raised By The Revenue Reads As Under:- “1. The Ld.Cit(A) Has Erred In Law & On Facts By Allowing Depreciation On Assets For Which The Actual Cost As Per Section 43(1) Of The Income Tax Act, 1961 Was Nil. 2. The Order Of The Ld.Cit(Appeals) Be Set Aside & That Of The Assessing Officer Be Restored.”

section 63 of the U.P. Reorganization Act, 2000 (did not amount*)(* should read “amounted to”) to a demerger. In the circumstances, it is held that the view of the A.O. that the assets have been acquired free of cost and, therefore, the depreciation is not allowable on them is not sustainable. In the circumstances, the disallowance and addition

DCIT, CIRCLE- I, INTERNATIONAL TAXATION, DEHRADUN vs. EXPRESS DRILLING SYSTEMS LLC, DEHRADUN

In the result, cross objection filed by the assessee is partly

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganeshआ.अ.सं/.I.T.A No.6114/Del/2017 िनधा"रणवष"/Assessment Year: 2009-10 बनाम Dcit, Express Drilling Circle-1, Vs. Systems Llc, International Taxation, C/O Nangia & Co., 1St Floor, Ida, 46, Dehradun, Uttarakhand. E.C. Road, Dehradun, Uttarakhand. Pan No.Aabce6891R अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No. 13/Del/2018 (In I.T.A No.6114/Del/2017) िनधा"रणवष"/Assessment Year: 2009-10 बनाम Express Drilling Systems Llc, Dcit, Vs. C/O Nangia & Co., Circle-1, 1St Floor, Ida, 46, International Taxation, E.C. Road, Dehradun, Dehradun, Uttarakhand. Uttarakhand. Pan No. Aabce6891R अपीलाथ" Appellant ""यथ"/Respondent

68 taxmann.com 377/241 Taxman 3.8/388 ITR 383 (Delhi) this Court, after discussing the judgments of the Andhra Pradesh High Court, High Court of Bombay as well as Madras High Court in Vijay Televisions (P.) Ltd. v. DRP [20141 I.T.A.No.6114/Del/2017 & CO No. 13/Del/2018 46 taxmann.com 100/225 Taxman 35/369 ITR 113 has held that failure to pass a draft assessment

BG EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX DDIT/ADIT (INTERNATIONAL TAXATION ) CIRCLE-1, DEHRADUN

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

Bench: Shri R.K. Panda & Shri V.P. Raoassessment Years: 2016-17

68. The ld. CIT DR has no objection for the above issue to be set aside to ld. AO/TPO. 69. After hearing both the sides and considering the totality of the facts of the case, we deem it proper to restore the issue to the file of the Assessing Officer with a direction to give an opportunity to the assessee

BG EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, DDIT/ADIT (INTERNATIONAL TAXATION), CIRCLE -1, DEHRADUN

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

section 211 (3C) of the Companies (Accounting Standards) Rules , 2006 as amended and other relevant 26 provisions of the Companies Act , 1956 and has duly got prepared audited report of an independent auditor on the basis of physical verification and in view of the maintenance of inventory , the disallowance made by the AO/DRP is not sustainable in the eyes

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

27. Ground number 8 of the appeal is against the chargeability of interest u/s 234B of the income tax act. The learned assessing officer is aggrieved that the learned CIT – A has held that the interest u/s 234B was not chargeable in this case by relying on the decision of the honourable jurisdictional High Court in case

MI OVERSEAS LTD.,NEW DELHI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

27. Ground number 8 of the appeal is against the chargeability of interest u/s 234B of the income tax act. The learned assessing officer is aggrieved that the learned CIT – A has held that the interest u/s 234B was not chargeable in this case by relying on the decision of the honourable jurisdictional High Court in case

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

27. Ground number 8 of the appeal is against the chargeability of interest u/s 234B of the income tax act. The learned assessing officer is aggrieved that the learned CIT – A has held that the interest u/s 234B was not chargeable in this case by relying on the decision of the honourable jurisdictional High Court in case

ADIT, DEHRADUN vs. M/S. M.I. OVERSEAS LTD., NOIDA

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

27. Ground number 8 of the appeal is against the chargeability of interest u/s 234B of the income tax act. The learned assessing officer is aggrieved that the learned CIT – A has held that the interest u/s 234B was not chargeable in this case by relying on the decision of the honourable jurisdictional High Court in case

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

27. Ground number 8 of the appeal is against the chargeability of interest u/s 234B of the income tax act. The learned assessing officer is aggrieved that the learned CIT – A has held that the interest u/s 234B was not chargeable in this case by relying on the decision of the honourable jurisdictional High Court in case