SHREE MANGALAM ALUMINIUM,PATNA vs. DC/ACIT, CENTRAL CIRCLE-3, PATNA

In the result, all the appeals filed by the assessee are allowed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. Nos. 486 To 488/Pat/2022 Assessment Year: 2014-2015 To 2016-2017 Shree Mangalam Aluminium,…...….………Appellant Pandey Plaza Building, Exhibition Road, Patna-800001, Bihar [Pan:Abkfs3963M] -Vs.- Deputy/Assistant Commissioner Of Income Tax,……………………………………………………..Respondent Central Circle-3, Patna, Bihar

purchase and/or unexplained investment was found or seized, therefore, the foundation of penalty is purely on estimation basis. The ld. CIT(Appeals) passed his orders merely by relying on Explanation 5A and without considering the ratios laid down by various judicial forums. Ld. counsel also relied on the decision of the Hon’ble High Court of Allahabad in the case

SHREE MANGALAM ALUMINIUM,PATNA vs. DC/ACIT, CENTRAL CIRCLE-3, PATNA

In the result, all the appeals filed by the assessee are allowed

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. Nos. 486 To 488/Pat/2022 Assessment Year: 2014-2015 To 2016-2017 Shree Mangalam Aluminium,…...….………Appellant Pandey Plaza Building, Exhibition Road, Patna-800001, Bihar [Pan:Abkfs3963M] -Vs.- Deputy/Assistant Commissioner Of Income Tax,……………………………………………………..Respondent Central Circle-3, Patna, Bihar

purchase and/or unexplained investment was found or seized, therefore, the foundation of penalty is purely on estimation basis. The ld. CIT(Appeals) passed his orders merely by relying on Explanation 5A and without considering the ratios laid down by various judicial forums. Ld. counsel also relied on the decision of the Hon’ble High Court of Allahabad in the case

ACIT, CIRCLE-2, PATNA vs. SHREE NANAK FERRO ALLOYS PVT LTD, JAMSHEDPUR

In the result, the appeal of the Revenue is dismissed

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Shree Nanak Ferro Alloys Pvt. Ltd. Acit, Circle-2 Room No.205, 2Nd Floor, Avrtar Acit, Circle-2, Patna, Bihar Vs. Building, Bisturpur, Jamshedpur, Jharkhand (Appellant) (Respondent) Pan No. Aaics1706N Assessee By : S/Shri A.K. Rastogi Rakesh Kumar, Ar Revenue By : Shri Md Ah Chowdhary, Dr Date Of Hearing: 27.11.2025 Date Of Pronouncement: 09.12.2025

unexplained investment in purchase of plot. 5.3.4 In view of the above factual discussion and relying on the case laws cited above, the AO is directed to delete the addition made of Rs.4,16,27,400/-.” 2.3. After hearing the rival contentions and perusing the materials available on record, we find that the assessee is engaged in the business

SHANKAR CONSTRUCTION,PANCHGACHIA vs. ITO, WARD-3(1), PURNEA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. No. 565/Pat/2024 Assessment Year: 2016-2017 Shankar Construction,………………..…….……Appellant Panchgachia, Panchgachia-852124, Bihar [Pan:Abofs0800R] -Vs.- Income Tax Officer,………………….……..……Respondent Ward-3(1), Purnea, Bihar Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Ashok Kumar, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 22, 2024 Date Of Pronouncing The Order: November 18, 2024 O R D E R

investments in the form of securities premium to M/s New KMS. These companies are mainly paper companies. During the year under consideration M/s Shanker Construction had received unsecured loan of Rs. 50,90,740/- during the financial year 2015-16. As M/s New KMS is showing very meager income and it does not have any activity to support the huge

ACIT, CENTRAL CIRCLE-1, PATNA vs. PIYUSH & ASSOCIATES PRIVATE LIMITED, PATNA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.99/Pat/2021 Assessment Year: 2013-14 Acit, Central Circle -1 Piyush & Associates Private Ltd. Patna, 6Th Floor, C.R. (Annexee) Vs Pirmohani, Kadamkuan, Patna, Building, Bir Chand Patel Path, Bihar-800003 Patna-800001 [Pan : Aadcp3041N] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

unexplained credits which were in the form of amount received from existing loans and ITA Nos.78,79,80,99,102,103/Pat/2021 advances/ sales of investment. The quantum of addition will be dealt by us in subsequent paras, however, the ld. AO disallowed the interest of the financial charges, but, the ld. CIT (A) sustained the same only to the extent

ACIT, CENTRAL CIRCLE-1, PATNA vs. PROMINENT FINANCIAL ADVISORY PVT LTD, KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.99/Pat/2021 Assessment Year: 2013-14 Acit, Central Circle -1 Piyush & Associates Private Ltd. Patna, 6Th Floor, C.R. (Annexee) Vs Pirmohani, Kadamkuan, Patna, Building, Bir Chand Patel Path, Bihar-800003 Patna-800001 [Pan : Aadcp3041N] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

unexplained credits which were in the form of amount received from existing loans and ITA Nos.78,79,80,99,102,103/Pat/2021 advances/ sales of investment. The quantum of addition will be dealt by us in subsequent paras, however, the ld. AO disallowed the interest of the financial charges, but, the ld. CIT (A) sustained the same only to the extent

ACIT, CENTRAL CIRCLE-1, PATNA vs. PROMINENT FINANCIAL ADVISORY PVT LTD, KOLKATA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.99/Pat/2021 Assessment Year: 2013-14 Acit, Central Circle -1 Piyush & Associates Private Ltd. Patna, 6Th Floor, C.R. (Annexee) Vs Pirmohani, Kadamkuan, Patna, Building, Bir Chand Patel Path, Bihar-800003 Patna-800001 [Pan : Aadcp3041N] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

unexplained credits which were in the form of amount received from existing loans and ITA Nos.78,79,80,99,102,103/Pat/2021 advances/ sales of investment. The quantum of addition will be dealt by us in subsequent paras, however, the ld. AO disallowed the interest of the financial charges, but, the ld. CIT (A) sustained the same only to the extent

PIYUSH & ASSOCIATES PRIVATE LIMITED,PATNA vs. ACIT, CENTRAL CIRCLE-1, PATNA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.99/Pat/2021 Assessment Year: 2013-14 Acit, Central Circle -1 Piyush & Associates Private Ltd. Patna, 6Th Floor, C.R. (Annexee) Vs Pirmohani, Kadamkuan, Patna, Building, Bir Chand Patel Path, Bihar-800003 Patna-800001 [Pan : Aadcp3041N] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

unexplained credits which were in the form of amount received from existing loans and ITA Nos.78,79,80,99,102,103/Pat/2021 advances/ sales of investment. The quantum of addition will be dealt by us in subsequent paras, however, the ld. AO disallowed the interest of the financial charges, but, the ld. CIT (A) sustained the same only to the extent

PROMINENT FINANCIAL ADVISORY PVT LTD,KOLKATA vs. ACIT, CENTRAL CIRCLE-1, PATNA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.99/Pat/2021 Assessment Year: 2013-14 Acit, Central Circle -1 Piyush & Associates Private Ltd. Patna, 6Th Floor, C.R. (Annexee) Vs Pirmohani, Kadamkuan, Patna, Building, Bir Chand Patel Path, Bihar-800003 Patna-800001 [Pan : Aadcp3041N] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

unexplained credits which were in the form of amount received from existing loans and ITA Nos.78,79,80,99,102,103/Pat/2021 advances/ sales of investment. The quantum of addition will be dealt by us in subsequent paras, however, the ld. AO disallowed the interest of the financial charges, but, the ld. CIT (A) sustained the same only to the extent

PROMINENT FINANCIAL ADVISORY PVT LTD,KOLKATA vs. ACIT, CENTRAL CIRCLE-1, PATNA

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.99/Pat/2021 Assessment Year: 2013-14 Acit, Central Circle -1 Piyush & Associates Private Ltd. Patna, 6Th Floor, C.R. (Annexee) Vs Pirmohani, Kadamkuan, Patna, Building, Bir Chand Patel Path, Bihar-800003 Patna-800001 [Pan : Aadcp3041N] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

unexplained credits which were in the form of amount received from existing loans and ITA Nos.78,79,80,99,102,103/Pat/2021 advances/ sales of investment. The quantum of addition will be dealt by us in subsequent paras, however, the ld. AO disallowed the interest of the financial charges, but, the ld. CIT (A) sustained the same only to the extent

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

investment - Revenue argued that Tribunal ignored findings indicating sham transactions by company and failed to consider disproportionate increase in share prices - In contrary assessee contended that SEBI's investigation did not implicate them and that all condition for claiming LTCG exemption under section I 0(38) were met, including transaction through stock exchange, payment via banking channels, and payment

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

investment - Revenue argued that Tribunal ignored findings indicating sham transactions by company and failed to consider disproportionate increase in share prices - In contrary assessee contended that SEBI's investigation did not implicate them and that all condition for claiming LTCG exemption under section I 0(38) were met, including transaction through stock exchange, payment via banking channels, and payment

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

investment - Revenue argued that Tribunal ignored findings indicating sham transactions by company and failed to consider disproportionate increase in share prices - In contrary assessee contended that SEBI's investigation did not implicate them and that all condition for claiming LTCG exemption under section I 0(38) were met, including transaction through stock exchange, payment via banking channels, and payment

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

investment - Revenue argued that Tribunal ignored findings indicating sham transactions by company and failed to consider disproportionate increase in share prices - In contrary assessee contended that SEBI's investigation did not implicate them and that all condition for claiming LTCG exemption under section I 0(38) were met, including transaction through stock exchange, payment via banking channels, and payment

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

investment - Revenue argued that Tribunal ignored findings indicating sham transactions by company and failed to consider disproportionate increase in share prices - In contrary assessee contended that SEBI's investigation did not implicate them and that all condition for claiming LTCG exemption under section I 0(38) were met, including transaction through stock exchange, payment via banking channels, and payment