ACIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

disallowed. It is not out of place to bring it on record that the assessee was liable to declare Long Term Capital Gains

KUMAR ARUNODAYA,PATNA vs. ASSISTANT COMMISSIONER OF INCOME TAX - 6, PATNA [NEW – DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, PATNA], PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

disallowed. It is not out of place to bring it on record that the assessee was liable to declare Long Term Capital Gains

ACIT, CENTRAL CIRCLE-2, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

disallowed. It is not out of place to bring it on record that the assessee was liable to declare Long Term Capital Gains

SEEMA SRIVASTAVA,PATNA vs. ITO,DC/AC-6, PATNA, PATNA

In the result, the appeal is dismissed

Bench: Shri George Mathan & Shri Rakesh Mishra

capital gain by disallowing the claim of deduction u/s 54. The details of the order of AO and basis of disallowance

SANJAY KUMAR ALIAS SANJAY KR. YADAV vs. DCIT,

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

Bench: Shri Chandra Mohan Garg, Jm & Shri L.P. Sahu, Am Sanjay Kumar Vs. Dcit, Circle-6, Patna Alias Sanjay Kumar Yadav, Prop. Hotel Palika & Wine Shop, Goria Toli, Station Road, Patna स्थायी लेखा सं./Pan No. : Afypk 5085 L निर्धारिती की ओर से /Assessee By : Shri Nishant Maitin, Ca राजस्व की ओर से /Revenue By : Shri Inderjit Singh, Cit-Dr

disallowance, however, the CIT(A) restricted the addition made on account of income from capital gain to Rs.10,45,788/- and further

RUSHATAM KHAN,PURNEA vs. ACIT, CIRCLE-3, PURNEA

In the result, both the appeals of the assessee for AYs 2013-

Bench: Sri Manish Borad & Sri Sonjoy Sarma

capital gain by Ld. assessing officer in passing his order ignoring & setting aside facts of presence of lower actual sale consideration Rs. 13,00,000/- & Rs. 15,00,000 on records. 5. For that the CIT (Appeal) erred in passing ex-parte order confirming disallowance

RUSHATAM KHAN,PURNEA vs. ACIT, CIRCLE-3, PURNEA

In the result, both the appeals of the assessee for AYs 2013-

Bench: Sri Manish Borad & Sri Sonjoy Sarma

capital gain by Ld. assessing officer in passing his order ignoring & setting aside facts of presence of lower actual sale consideration Rs. 13,00,000/- & Rs. 15,00,000 on records. 5. For that the CIT (Appeal) erred in passing ex-parte order confirming disallowance

GYASUDDIN MOHAMMAD ANSARI,PURNIA vs. ITO, WARD- 3 (3), PURNEA

In the result, the appeal is partly allowed

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Gain and not under ‘Income from Other Sources’ and should have accepted the appellant's calculation of long term capital loss arising from sale of property amounting to Rs.2,17,363/- . The appellant has no objections to the disallowance

ANUP KUMAR HUF,PATNA vs. ACIT, CENT. CIR-1, PATNA, PATNA

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 192/Pat/2025 Assessment Year: 2014-2015 Anup Kumar Huf,…………………...….………Appellant 4A, Narayan Nilayam Apartment, Road No. 6 Rajendra Nagar, Patna-800016 Bihar [Pan:Aahha5422R] -Vs.- Assistant Commissioner Of Income Tax....Respondent Central Circle-1, Patna

capital gain. The assessee was asked to submit explanation. The assessee stated in its written reply that it sold the script of M/s. Kailash Auto and on that transaction, it claimed the exemption on LTCG. Being not satisfied, the ld. Assessing Officer disallowed

PRABHAT KUMAR,PATNA vs. ACIT, CIRCLE-4, PATNA

Appeal is allowed\nfor statistical purposes

disallowing and adding back the index cost of improvement to\nthe tune of Rs.1,72,34,608 (Actual cost of improvement Rs.12,01,200 X 264/184)\nclaimed by the appellant in its return of income for the purpose of long term capital\ngain and taxing the same as capital gain

SUNIL KUMAR SINGH,PATNA vs. ITO, WARD- 6 (1), PATNA

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

Bench: the sale of immovable properties on which long term capital gain was derived.

disallowance of Rs.1,75,000/- made by the A.O. on account of incidental expenses while computing income from capital gain

ZAIMUR RAHMAN,EAST CHAMPARAN vs. INCOME TAX DEPARTMENT, NFAC, DELHI

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

disallowed and added to the total income of the appellant as income from other sources. 12. For that the ld. Commissioner of Income Tax (Appeal) as well as the ld. assessing officer, without giving any opportunity, much less sufficient opportunity, has erred in holding that the appellant had sold immovable property for Rs.33,20,000 and taxed the same under

LAVANYA ESTATES PRIVATE LIMITED,PATNA vs. ITW WARD 2 (1) PATNA, PATNA

In the result, the appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Shri Rajesh Kumari.T.A. No. 342/Pat/2023 Assessment Year: 2017-18 Lavanya Estates Private Limited Vs Income Tax Officer, Kasim Colonydargah Road Ward 2(1), Mahendru, Sultanganj, Lok Nayak Bhawan, Dakbanglow, Patna-800 001 Patna, Bihar-800 006 [Pan : Aadcl0333R] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

disallowances, the assessee would be given a fair opportunity to explain his position on the proposed additions/disallowances in accordance with the principle of natural justice. In this regard, the Assessing Officer shall issue an appropriate show-cause notice duly indicating the reasons for the proposed additions/disallowances along with necessary evidences/ reasons forming the basis of the same. Before passing

SHEKHAR NARAYAN,PATNA vs. NFAC, DELHI

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

capital gain. 16. For that the appellant reserves its right to furnish detailed written submission along with evidences and documents on or before the date of hearing. 17. For that the appellant may be given opportunity of personal hearing physically or virtually as the law permits at the time of hearing of the appeal. 18. For that the charging

SHEKHAR NARAYAN,PATNA vs. NFAC, DELHI

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

capital gain. 16. For that the appellant reserves its right to furnish detailed written submission along with evidences and documents on or before the date of hearing. 17. For that the appellant may be given opportunity of personal hearing physically or virtually as the law permits at the time of hearing of the appeal. 18. For that the charging

ITO, WARD-2(1), PATNA vs. M/S SUN COMTECH PVT LTD, PATNA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

disallowed and profit arises from one another broker has been ignored. The amounts to making an addition on the basis of conjecture and does not appear to be maintainable in my opinion. In view of the above, the addition of Rs.1,04,90,377/- made by the A.O. is therefore deleted.” 6. Rival contentions were heard and the details were

PUNRASAR JUTE PARK LIMITED,PURNEA vs. CIT, PURNEA

In the result, the appeal of the assessee is allowed

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

capital is received from this company. This fact demonstrates that reopening is based on vague reasons. 10. On the given set of facts, where the alleged unsecured loan/ cash creditors have already been examined by the ld. Assessing Officer in the regular assessment proceedings u/s 143(3) of the Act and there is no transaction at all between third party

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

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

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

gains of business or profession’ or “income from other sources” shall be determined according to the method of accountancy followed by the assessee, but such method ought to be in accordance with the conditions enumerated in sub- clause (2) of this section. The sub-clause (2) further provides that Central Government would notify in its Official Gazette from time