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19 results for “TDS”+ Unexplained Cash Creditclear

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Key Topics

Section 26360Section 153A56Section 143(3)18Section 12715Addition to Income10Section 142(1)9Limitation/Time-bar9Revision u/s 2637Section 1476Section 250

I.T.O. vs. M/S KUMAR CONSTRUCLTION,

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

ITA 10/PAT/2015[2009-10]Status: DisposedITAT Patna17 Oct 2023AY 2009-10

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

Section 142(1)Section 143(2)Section 271(1)(b)Section 40A(3)

TDS on such payment, therefore, these payments are not to be allowed as a deduction to the assessee under section 40(a)(ia) of the Income Tax Act. He further submitted that effort at the end of the assessee was to frustrate the ld. Assessing Officer for conducting proper inquiries in its accounts. The assessee kept on changing the stand

PIONEER EDUCATION SOCIETY,HARYANA vs. ITO, PATNA

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

4
Section 143(2)4
TDS4
ITA 405/PAT/2024[2016-17]Status: Disposed
ITAT Patna
24 Apr 2025
AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 405/Pat/2024 Assessment Year: 2016-2017 Pioneer Education Society,……….…….....……Appellant C-310/311, Unitech Business Zone Nirvana Country, South City-Ii, Sector-50, Haryana, Pin Code No.122018 [Pan:Aadap0174C] -Vs.- Income Tax Officer,……………………………….Respondent Ward-1(1), Patna, Lok Nayak Jai Prakash Bhawan, New Dak Bunglow, Patna-800001, Bihar Appearances By: Shri Yatin Sharma, Advocate, Appeared On Behalf Of The Assessee Rinku Singh, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 21, 2025 Date Of Pronouncing The Order: April 24, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 271(1)(b)Section 68

cash credits under section 68 of the Act and added to the total income of the assessee. Therefore, the total addition comes to Rs.4,07,90,320/- (Rs.10,55,000/- plus Rs.3,97,35,320/-). 2.1. In support of rent debited in the income & expenditure account to the tune of Rs.3,43,84,722/-, the assessee furnished copy of three

MAHANT PANDEY,ROHTAS vs. NFAC, DELHI

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 181/PAT/2025[2017-18]Status: DisposedITAT Patna21 Aug 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 142(1)Section 143(3)Section 147Section 148Section 250Section 271ASection 271FSection 272A(1)(d)

unexplained credits as alleged so as to reject them while invoking the provisions of section 68/69 of the Act since the addition has been made on the basis of hypothetical situation without providing sufficient opportunity to appellant is not permissible to arrive at such a conclusion. 11. Without prejudice to our ground that no addition should be made, your appellant

MAHANT PANDEY,ROHTAS vs. NFAC, DELHI

In the result, both the appeals filed by the assessee are partly allowed for statistical purposes

ITA 182/PAT/2025[2017-18]Status: DisposedITAT Patna21 Aug 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 142(1)Section 143(3)Section 147Section 148Section 250Section 271ASection 271FSection 272A(1)(d)

unexplained credits as alleged so as to reject them while invoking the provisions of section 68/69 of the Act since the addition has been made on the basis of hypothetical situation without providing sufficient opportunity to appellant is not permissible to arrive at such a conclusion. 11. Without prejudice to our ground that no addition should be made, your appellant

ACIT, CENTRAL CIRCLE-3, PATNA vs. BROADSON COMMODITIES PVT LTD, DHANBAD

In the result, both the appeals of Revenue are dismissed, whereas the Cross Objections filed by the assessee are allowed

ITA 62/PAT/2021[2016-17]Status: DisposedITAT Patna30 Aug 2023AY 2016-17

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

Section 132Section 153Section 153C

credit. Apart from this addition, he further observed that a document inventorized as GIB- 12, page no. 8 recovered during the search conducted on Subhash Prasad Yadav Group cases. A perusal of this document would reveal that a sum of Rs.5,50,00,000/- has been transferred to Shri Sanjay Singh (PAN has been given by the ld. Assessing Officer

ACIT, CENTRAL CIRCLE-3, PATNA vs. BROADSON COMMODITIES PVT LTD, DHANBAD

In the result, both the appeals of Revenue are dismissed, whereas the Cross Objections filed by the assessee are allowed

ITA 63/PAT/2021[2017-18]Status: DisposedITAT Patna30 Aug 2023AY 2017-18

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

Section 132Section 153Section 153C

credit. Apart from this addition, he further observed that a document inventorized as GIB- 12, page no. 8 recovered during the search conducted on Subhash Prasad Yadav Group cases. A perusal of this document would reveal that a sum of Rs.5,50,00,000/- has been transferred to Shri Sanjay Singh (PAN has been given by the ld. Assessing Officer

JAINAM ORNAMENT PRIVATE LIMITED,GAYA vs. INCOME TAX OFFICER, GAYA

In the result, the appeal of the assessee is allowed

ITA 284/PAT/2025[2017-18]Status: DisposedITAT Patna26 Feb 2026AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Jainam Ornament Private Limited Income Tax Officer, Chowk, Gaya, Gaya, Gaya, Bihar Vs. Bihar-823001 (Appellant) (Respondent) Pan No. Aadcj2187M Assessee By : Shri Manish Rastogi, Ar Revenue By : Shri Ashwani Kr. Singal, Dr Date Of Hearing: 28.11.2025 Date Of Pronouncement: 26.02.2026

For Appellant: Shri Manish Rastogi, ARFor Respondent: Shri Ashwani Kr. Singal, DR
Section 145(3)Section 68

unexplained cash credit and added to the income of the assessee by rejecting the books of accounts. Jainam Ornament Private Limited; A.Y. 2017-18 4. The ld. CIT (A) in the appellate proceedings, confirmed the addition made by the ld. AO by observing and holding as under:- “1.3 I have perused the assessment order written submission of appellant as well

VAISHNAVI TELECOM,DARBHANGA vs. ITO, WARD-3(2), DARBHANGA, DARBHANGA

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 479/PAT/2024[2017-18]Status: DisposedITAT Patna13 Feb 2025AY 2017-18

Bench: Sri Sanjay Garg

Section 144Section 250

unexplained cash credits in the bank account of the assessee. 3. No one has put in appearance on behalf of the assessee despite notice. However, after considering the grounds of appeal as well as the impugned assessment order and the order of the Ld. CIT(A) and after hearing the Ld. DR, I proceed to decide the appeal on merits

SUDHIR KUMAR,PATNA vs. I.T.O., PATNA

In the result, the appeal of assessee is partly allowed

ITA 90/PAT/2014[2010-11]Status: DisposedITAT Patna26 May 2022AY 2010-11

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Year: 2010-11 Shri Sudhir Kumar, Income-Tax Officer, Ward-6(1), Vs. Patna. Patna. (Pan: Amlpk4871E) (Appellant) (Respondent) Present For: Appellant By : Shri K. M. Mishra, Advocate Respondent By : Shri Sanjay Mukherjee, Cit(Dr) Date Of Hearing : 16.03.2022 Date Of Pronouncement : 26.05.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A), Dhanbad, Camp Office At Patna Appeal No. 71/Cit(A)-Ii/13-14 Dated 25.02.2014 For A.Y. 2010-11 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Ito, Ward-6(1), Patna, Dated 26.03.2013. 2. Brief Facts Of The Case Are That Assessee Had Filed Return Of Income On 18.10.2010 Reporting Total Income Of Rs.3,01,260/-. In The Course Of Assessment Proceedings, The Ld. Ao Sought Details On Various Aspects Of The Income Reported By The Assessee & Completed The Assessment By Making The Additions As Under: “Total Income As Per Return Rs. 3,01,260/- Add: As Discussed In Para D Rs. 3,42,708/- Add: As Discussed In Para E Rs. 14,03,744/- Add: As Discussed In Para F Rs. 58,92,354/- Total Income Rs. 89,40,066/-“

For Appellant: Shri K. M. Mishra, AdvocateFor Respondent: Shri Sanjay Mukherjee, CIT(DR)
Section 143(3)Section 44A

TDS deducted against; the receipt were taken as total income therefore a mistake has been committed. The computation should be made as per the provision of 44AD. As per 44AD the total tax should have been computed as under: Contract Receipt: Rs. 16,60,755/- 4 Sudhir Kumar A.Y. 2010-11 Professional Receipt: Rs. 53,000/- Total

BBCPL-SKPL (JV),JAMUI vs. PCIT CENTRAL, PATNA

In the result, the appeal of the assessee is allowed

ITA 124/PAT/2023[2018-19]Status: DisposedITAT Patna17 Apr 2024AY 2018-19

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 127Section 142(1)Section 143(2)Section 143(3)Section 263

unexplained and non- existent sundry creditors (list provided by the assessee and kept on record) amounting to Rs. 10080219/- in total. It is clear that the creditors related to expenditure involving purchase of goods/services by the assesses during the year or in earlier years. It is also noticed that the sundry creditors' balance as on 31.03.2017 (Rs.66949687/- ) has substantially reduced

BALKRISHNA BHALOTIA CONSTRUCTION PRIVATE LIMITED,JAMUI vs. PCIT CENTRAL, PATNA

In the result, the appeal of the assessee is allowed

ITA 123/PAT/2023[2018-19]Status: DisposedITAT Patna17 Apr 2024AY 2018-19

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 133ASection 142(1)Section 143(2)Section 263

unexplained sundry creditors (list provided by the assessee and kept on record) amounting to Rs.90249028/- in total. It is clear that the creditors related to expenditure involving purchase of goods/services by the assessee during the year or in earlier years. The Assessing Officer failed to call for the ledger accounts of the party and examine the nature of expenditure/credits

NILU KUMARI,SARAN vs. ASSESSMENT UNIT, INCOME TX DPTT., DELHI

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

ITA 429/PAT/2024[2018-19]Status: DisposedITAT Patna25 Jun 2025AY 2018-19

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115Section 115BSection 147Section 234ASection 250Section 69A

Cash withdrawals (including through bearer's cheque) in current account amounting to Rs. 1,71,43,650. 4. For that the Ld. AO has assumed that all the credit appearing in the Bank account are in the nature of unexplained money under section 69A. The appellant in its written submission bank statement, dated 09/11/2022 and 19/12/2022 has submitted the copies

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 326/PAT/2024[2018-19]Status: DisposedITAT Patna12 Sept 2024AY 2018-19

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 329/PAT/2024[2021-22]Status: DisposedITAT Patna12 Sept 2024AY 2021-22

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 328/PAT/2024[2020-21]Status: DisposedITAT Patna12 Sept 2024AY 2020-21

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 327/PAT/2024[2019-20]Status: DisposedITAT Patna12 Sept 2024AY 2019-20

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 325/PAT/2024[2017-18]Status: DisposedITAT Patna12 Sept 2024AY 2017-18

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT (CENTRAL), PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 322/PAT/2024[2014-15]Status: DisposedITAT Patna12 Sept 2024AY 2014-15

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 323/PAT/2024[2015-16]Status: DisposedITAT Patna12 Sept 2024AY 2015-16

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

unexplained expenditure of Rs. 8,26,46,443/- shall not be a ground of initiating the proceeding under the section 153A beyond the period of six years, thereby making the order under section 153A/143(3) as well as order under the section 263 invalid, illegal and arbitrary. 10. For that on the fact and in circumstances of the case