SHRI PRABHUDAYAL BERIWAL,JYOTINAGAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, DIBRUGARH

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

section 68 of the Act. 1.2 Further aggrieved, the assessee has filed the present appeal with the following grounds: “1. For that the Additional/Joint/Deputy/Assistant Commissioner of Income tax erred in law and fact of the case while making addition u/s 68 for unsecured loan of Rs 1,11,00,000 taken from Premsagar Commercial Private Limited 2

SHRI ABDUL HANNAN,TINSUKIA vs. INCOME TAX OFFICER, WARD-3, TINSUKIA

In the result, both the appeals of the assessees( ITA No

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.46 /Gau/2019 ("नधा"रणवष" / Assessment Year:2014-15)

2. Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance shall be allowed to the assessee under any provision of this Act in computing his income referred to in clause (a) of sub-section (1).” Before us,the limited question is that whether business receipts/business turnover is taxable under section 115BBE

SHRI ABDUL HAMID,TINSUKIA vs. INCOME TAX OFFICER, WARD-3, TINSUKIA

In the result, both the appeals of the assessees( ITA No

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita Nos.46 /Gau/2019 ("नधा"रणवष" / Assessment Year:2014-15)

2. Notwithstanding anything contained in this Act, no deduction in respect of any expenditure or allowance shall be allowed to the assessee under any provision of this Act in computing his income referred to in clause (a) of sub-section (1).” Before us,the limited question is that whether business receipts/business turnover is taxable under section 115BBE

D.C.I.T., CIRCLE-1, DIBRUGARH vs. SHEETAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINOD BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE-1, DIBRUGARH vs. PRAMOD KUMAR BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA (HUF), DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. USHA BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. MEENAKSHI BAMALWA SONI, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. BHAGWATI DEVII BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. VISHAL BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINAY BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG

D.C.I.T., CIRCLE-1, DIBRUGARH vs. RAVI BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

section 153A has also compiled in table, which reads as under:- S.N PARTICULARS AY NAME OF THE SCRIP QUANTUM OF PAPER O IN WHICH LTCG EXEMPTION BOOK CLAIMED CLAIMED U/S REFER 10(38) – ENCE ADDITION U/S 68 1 BAJRANG LAL 2012-13 Twenty First Century 4,76,18,448 PB-1 BAMALWA India Ltd. 2 BAJRANG