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103 results for “section 68”+ Section 43clear

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Key Topics

Addition to Income82Section 143(3)48Section 6845Section 1145Section 14A40Section 143(2)35Section 69A30Section 2(15)28Section 12A25Disallowance

KASHI NATH SETH SARRAF PRIVATE LIMITED,HARDOI vs. ACIT, SITAPUR, SITAPUR

In the result, the appeal of the assessee is partly allowed for\nstatistical purposes

ITA 88/LKW/2024[2017-18]Status: DisposedITAT Lucknow22 Sept 2025AY 2017-18
Section 115BSection 143(2)Section 145(3)Section 234BSection 44Section 68

68 of the Act. The\nAssessing Officer disbelieved that cash sale of aforesaid amount was made\nin the limited time after announcement of demonetization. The Assessing\nOfficer, in disbelieving the assessee's explanation, and in making the\naforesaid addition, placed reliance on the cases of Hon'ble Supreme Court\nreported at Kale Khan Mohammad Hanif

M/S. MOTOR FAB SALES PVT. LTD.,,LUCKNOW vs. THE DCIT/ACIT-4, LUCKNOW

Showing 1–20 of 103 · Page 1 of 6

24
Natural Justice23
Exemption22

In the result, Departmental appeal bearing

ITA 351/LKW/2020[2017-18]Status: DisposedITAT Lucknow30 Jun 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2017-18 M/S Motor Fab Sales Pvt. Ltd. V. The Dcit/Acit-4 11, Mahatma Gandhi Marg Lucknow Hazratganj, Lucknow Tan/Pan:Aaccm5754E (Appellant) (Respondent) Assessment Year: 2017-18 Theacit-1 V. M/S Motor Fab Sales Pvt. Ltd. Lucknow 11, Mahatma Gandhi Marg Hazratganj, Lucknow Tan/Pan:Aaccm5754E (Appellant) (Respondent) Assessee By: Shri Rakesh Garg, Advocate Revenue By: Shri H.S. Usmani, Cit(Dr)

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri H.S. Usmani, CIT(DR)
Section 115BSection 143(3)Section 68

section 68 of the Act. 4.2 The Ld. A.R. also drew our attention to a compilation of case laws in support of his arguments and submitted that these case laws may be duly considered while adjudicating the issue. The list of case laws relied upon by the Ld. A.R. is as under: Sl. Details of case

ACIT, RANGE-1, LUCKNOW vs. MOTOR FAB SALES PVT. LTD., LUCKNOW

In the result, Departmental appeal bearing

ITA 431/LKW/2020[2017-18]Status: DisposedITAT Lucknow30 Jun 2025AY 2017-18

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2017-18 M/S Motor Fab Sales Pvt. Ltd. V. The Dcit/Acit-4 11, Mahatma Gandhi Marg Lucknow Hazratganj, Lucknow Tan/Pan:Aaccm5754E (Appellant) (Respondent) Assessment Year: 2017-18 Theacit-1 V. M/S Motor Fab Sales Pvt. Ltd. Lucknow 11, Mahatma Gandhi Marg Hazratganj, Lucknow Tan/Pan:Aaccm5754E (Appellant) (Respondent) Assessee By: Shri Rakesh Garg, Advocate Revenue By: Shri H.S. Usmani, Cit(Dr)

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri H.S. Usmani, CIT(DR)
Section 115BSection 143(3)Section 68

section 68 of the Act. 4.2 The Ld. A.R. also drew our attention to a compilation of case laws in support of his arguments and submitted that these case laws may be duly considered while adjudicating the issue. The list of case laws relied upon by the Ld. A.R. is as under: Sl. Details of case

DCIT, RANGE-3, LUCKNOW vs. M/S SHREE PATESHWARI ELECTRICALS AND ASSOCIATED INDUSTRIES PVT. LTD., LUCKNOW

In the result, the appeal of the Revenue stands dismissed

ITA 407/LKW/2020[2017-18]Status: HeardITAT Lucknow17 Aug 2022AY 2017-18

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2017-18

Section 115BSection 68

68 of the Act and has imposed tax as per the provisions of section 115BBE of the Act. It was submitted that the learned CIT(A) has deleted such addition even though the assessee did not submit evidence for increase in the cash income and evidence regarding the IDs of customers and names of customers were also not submitted

DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S SHRI RAMSWAROOP CHARITABLE TRUST, LUCKNOW

In the result, appeal of the Revenue is dismissed

ITA 557/LKW/2017[2013-14]Status: DisposedITAT Lucknow08 Mar 2019AY 2013-14

Bench: Shri A.D Jain & Shri T.S. Kapoora.Y. 2013-14

Section 11Section 32Section 68

Section 11 & 12 of the I.T. Act; 2. Ld. Commissioner of Income Tax (A) has erred in law and on facts by deleting the addition made on account of disallowance of depreciation of Rs. 6,07,22,423/- 2 ignoring the fact that the appellant had already claimed deduction of full value of fixed assets in earlier years resulting

DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S SHRI RAMSWAROOP CHARITABLE TRUST, LUCKNOW

In the result, appeal of the Revenue stands dismissed

ITA 557/LKW/2018[2014-15]Status: DisposedITAT Lucknow28 Jun 2019AY 2014-15

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2014-2015

Section 11

68,95,083/- made by the AO on account of administrative expenses ignoring the fact that the assessee could not substantiate the increase in expenditure and did not furnish any justification and explanation in this regard during the assessment proceedings. 4. Ld. Commissioner of Income Tax (A] has erred in law and facts by deleting the addition of Rs.7

M/S. SAHARA CITY HOMES,BAREILLY vs. INCOME TAX OFFICER - 3(4), RANGE- 3, LUCKNOW

In the result, the appeals of the assessees are partly allowed

ITA 24/LKW/2019[2012-13]Status: DisposedITAT Lucknow31 Jan 2022AY 2012-13

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2012-13 M/S Sahara City Homes – Bareilly V. Ito-3(4) 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2472C (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Amritsar V. Ito-3(4) 2, Sahara India Centre Lucknow Tan/Pan:Abzfs4654E (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Kanpur(I) V. Acit 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2468Q (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Guwahati V. Acit 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2462E (Appellant) (Respondent)

sections 69C and 68 of the Act are specific and entirely peculiar thereto. They have no interplay with valuation of the works-in-progress. They operate separately in their respective distinct areas. That being so, valuation of the works-in-progress could not have any bearing whatsoever, on the additions made. 53. Therefore, even this observation

INCOME TAX OFFICER-3(4), KANPUR vs. SHRI SANTOSH KUMAR AGARWAL, KANPUR

In the result, the appeal of the Revenue is dismissed

ITA 153/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Feb 2022AY 2014-15

Bench: Shri T. S. Kapoor

Section 10(38)Section 143(3)Section 69A

section 68 of the Act. Hon'ble Allahabad High Court in the case of Ms. Amita Bansal vs. Commissioner Of Income (2018) 400 ITR 324 (All) on 30 March, 2017 INCOME TAX APPEAL No.326 of 2010, HELD: "The appeal was admitted on the following questions of law: "1. Whether on the facts and circumstances of the case the ITAT

ASSISTANT COMMISIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. MOHIT ANAND, BAREILLY

Appeals of the Department stand dismissed

ITA 334/LKW/2025[2015-16]Status: DisposedITAT Lucknow13 Feb 2026AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

For Appellant: Shri Neeraj Kumar, CIT (DR)For Respondent: Shri Rakesh Garg, Advocate
Section 10(38)Section 132Section 143(3)Section 153ASection 68

43,02,244/- being claimed as exempt Long Term Capital Gain under section 10(38) of the Act was to be treated as unaccounted money of the assessee as per the provisions of section 68

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

ITA 336/LKW/2025[2014-15]Status: DisposedITAT Lucknow13 Feb 2026AY 2014-15

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

For Appellant: Shri Neeraj Kumar, CIT (DR)For Respondent: Shri Rakesh Garg, Advocate
Section 10(38)Section 132Section 143(3)Section 153ASection 68

43,02,244/- being claimed as exempt Long Term Capital Gain under section 10(38) of the Act was to be treated as unaccounted money of the assessee as per the provisions of section 68

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

ITA 337/LKW/2025[2015-16]Status: DisposedITAT Lucknow13 Feb 2026AY 2015-16

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

For Appellant: Shri Neeraj Kumar, CIT (DR)For Respondent: Shri Rakesh Garg, Advocate
Section 10(38)Section 132Section 143(3)Section 153ASection 68

43,02,244/- being claimed as exempt Long Term Capital Gain under section 10(38) of the Act was to be treated as unaccounted money of the assessee as per the provisions of section 68

NEERAJ JAISWAL AND OTHERS,BAREILLY vs. ACIT-1, BAREILLY

The appeal of the assessee is allowed

ITA 33/LKW/2025[2020-21]Status: DisposedITAT Lucknow16 Feb 2026AY 2020-21

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2020-21 & ( S.A. No.08/Lkw/2025) In Ita. No.33/Lkw/2025 Assessment Year 2020-21 Neeraj Jaiswal & Others Vs. The Acit-1 Green Park, Bareilly-243001. ‘C.R. Building’, Kamla Nehru Marg, Civil Lines, Bareilly-243001. Tan/Pan:Aaaan4041K (Appellant) (Respondent)

For Appellant: Shri Rakesh Garg, AdvocateFor Respondent: Shri Neeraj Kumar, CIT (DR)
Section 133(6)Section 68

43 held that though in Section 68 proceedings, the initial burden of proof lies on the assessee yet he once

MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

In the result, the appeal of Revenue in ITA

ITA 139/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

68 of IT Act. On these confirmations filed appellant provided the current and latest address of the lender to the AO whereas AO got the verification done at old addresses in Kolkata by issuing a commission u/s 131(l)(d) to the Kolkata Investigation Wing on 27.02.2018 to submit a report on following points: 1. Identity, genuineness of the transactions

DY.COMMISSIONER OF INCOME TAX,CC-2,, KANPUR vs. SHRI.MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of Revenue in ITA

ITA 144/LKW/2022[2018-19]Status: DisposedITAT Lucknow26 Sept 2025AY 2018-19

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

For Appellant: Shri Ashish Jaiswal, AdvocateFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 143(3)Section 36(1)(va)Section 37Section 41Section 41(1)Section 68Section 69C

68 of IT Act. On these confirmations filed appellant provided the current and latest address of the lender to the AO whereas AO got the verification done at old addresses in Kolkata by issuing a commission u/s 131(l)(d) to the Kolkata Investigation Wing on 27.02.2018 to submit a report on following points: 1. Identity, genuineness of the transactions

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR, KANPUR vs. SHRI MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of the Revenue stands dismissed

ITA 99/LKW/2022[2017-18]Status: DisposedITAT Lucknow05 Aug 2022AY 2017-18

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 133ASection 143(3)Section 145Section 147

68 of IT Act. On these confirmations filed appellant provided the current and latest address of the lender to the AO whereas AO got the verification done at old addresses in Kolkata by issuing a commission u/s 131(l)(d) to the Kolkata Investigation Wing on 27.02.2018 to submit a report on following points: 1. Identity, genuineness of the transactions

ASSTT. COMMISSIONER OF INCOME TAX, FAIZABAD vs. M/S JEEWANI FUELS PVT. LTD, FAIZABAD

In the result, the appeal is allowed as discussed

ITA 303/LKW/2017[2013-14]Status: DisposedITAT Lucknow11 Nov 2024AY 2013-14

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaasstt Commissioner Of M/S. Jeewani Fuels Pvt. V. Income Tax, Circle Ltd Dcit, Circle, Faizabad, Annexe 105, Mughalpura, Hotel Krishna Palace, Civil Faizabad-224001. Lines, Faizabad-224001. Pan:Aabcj2557K (Appellant) (Respondent)

For Appellant: Shri Mahendra Kumar, C.AFor Respondent: Shri Manu Chaurasia, CIT(DR)
Section 143(3)Section 263Section 68

section 68 of the I. T. Act. 2. The Ld. CIT(A) erred on facts as well as in law in allowing relief to the assessee by not appreciating the facts that the investor companies were paper companies not found at the given address and existing solely for providing accommodation entries having negligible income and maintaining huge reserve

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 620/LKW/2024[2016-17]Status: DisposedITAT Lucknow07 Aug 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

68 and application of section 115BBE, as above, the tax is once charged as per the normal provisions of the Act and again u/s 115BBE. Thus, the same income is taxed twice which is not permissible under law. 3.3.1 Even if hypothetically it is assumed that the donations to the corpus were received against payment of cash

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 619/LKW/2024[2015-16]Status: DisposedITAT Lucknow07 Aug 2025AY 2015-16

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

68 and application of section 115BBE, as above, the tax is once charged as per the normal provisions of the Act and again u/s 115BBE. Thus, the same income is taxed twice which is not permissible under law. 3.3.1 Even if hypothetically it is assumed that the donations to the corpus were received against payment of cash

SITA RAM RASTOGI,LAKHIMPUR KHERI vs. INCOME TAX OFFICER, WARD 3(5),, LAKHIMPUR KHERI

In the result, the appeal of the assessee stands allowed

ITA 23/LKW/2022[2017-2018]Status: DisposedITAT Lucknow08 Sept 2022AY 2017-2018

Bench: Shri. A. D. Jainassessment Year: 2017-18 Sita Ram Rastogi V. The Ito Prop. M/S Shyam Jewellers Ward 3(5) Lakhimpur Kheri Lakhimpur Kheri Tan/Pan:Agapr6341R (Appellant) (Respondent) Appellant By: Shri K. R. Rastogi, C.A. Respondent By: Shri Harish Gidwani, D.R. Date Of Hearing: 05 09 2022 Date Of Pronouncement: 08 09 2022 O R D E R This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A), Nfac, New Delhi, Dated 26.11.2021, For The Assessment Year 2017-18, Raising The Following Grounds Of Appeal: 1. That The Learned Income Tax Officer Made An Addition Of Rs.19,10,000/- As Un Explained Cash Deposit In The Books Maintained By The Assessee Whereas There Is No Such Single Deposit In The Books. 2. That The Additions Of Rs.15,688/- & Rs.5,693/- Have Been Made Without Any Basis Which Are Simply The Guess Work & Therefore Not Justified. 3. That The Learned Income Tax Officer Has Not Pointed Out Any Mistake Or Discrepancy In The Books Of Account As Is Evident From His Order In Paras 3 To 6 & Straight Away Made Up His Mind To Make Addition As Is Evident From His Observation Below Para 6 Of His Order. 4. That The Appellant Had Explained The Availability Of Funds (Old Sbn'S), Which Was Accepted By The Assessing Officer.

For Appellant: Shri K. R. Rastogi, C.AFor Respondent: Shri Harish Gidwani, D.R
Section 142(1)Section 143(3)

43 – 44]. (3) Cash Summary Month wise for Assessment Year 2017-18 [APB: 45]. (4) Copy of Sale Ledger [APB: 46 – 80]. (5) Copy of Purchase Ledger [APB: 81 – 83]. Page 8 of 11 (6) Copy of Bank Statement with ICICI Bank Limited for Assessment Year 2017-18 [APB: 84 to 87]. (7) Copy of Quarter wise VAT Return

MARGHOOB ALAM,KANPUR vs. DCUT, CC-II, KANPUR, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 61/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

43 to 92 Copy of bank Canara Bank Standard State Bank of Standard State Bank of account where pages 83 & 84 Chartered Bank India Chartered Bank India sale proceeds pgs. 93 to 95A Pages 94 to 113 pgs. 68 to 70 Pages 93 to 98 I.T.A. No.61 to 65/Lkw/2021 Assessment year:2012-13 11 were credited Copy of Page