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

Capital Gain of Rs.10,35,240/- ………… of penny stock of Multiplus Resources Ltd. for the AY 2011-12. Hence, I consider the case to be fit for issuing notice u/s. 148 of the I. T. Act, 1961 in the case of Shri Amar Kasera HUF for AY 2011-12. Put up before the Ld. JCIT, Central Range-1, Patna

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

Capital Gain of Rs.10,35,240/- ………… of penny stock of Multiplus Resources Ltd. for the AY 2011-12. Hence, I consider the case to be fit for issuing notice u/s. 148 of the I. T. Act, 1961 in the case of Shri Amar Kasera HUF for AY 2011-12. Put up before the Ld. JCIT, Central Range-1, Patna

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

Capital Gain of Rs.10,35,240/- ………… of penny stock of Multiplus Resources Ltd. for the AY 2011-12. Hence, I consider the case to be fit for issuing notice u/s. 148 of the I. T. Act, 1961 in the case of Shri Amar Kasera HUF for AY 2011-12. Put up before the Ld. JCIT, Central Range-1, Patna

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

Capital Gain of Rs.10,35,240/- ………… of penny stock of Multiplus Resources Ltd. for the AY 2011-12. Hence, I consider the case to be fit for issuing notice u/s. 148 of the I. T. Act, 1961 in the case of Shri Amar Kasera HUF for AY 2011-12. Put up before the Ld. JCIT, Central Range-1, Patna

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

Capital Gain of Rs.10,35,240/- ………… of penny stock of Multiplus Resources Ltd. for the AY 2011-12. Hence, I consider the case to be fit for issuing notice u/s. 148 of the I. T. Act, 1961 in the case of Shri Amar Kasera HUF for AY 2011-12. Put up before the Ld. JCIT, Central Range-1, Patna

ACIT, PATNA vs. NEW ERA SOCIAL DEVELOPMENT WELFARE SOCIETY, PATNA

Appeal is treated as allowed for statistical purposes

11 and 10(23C)(iad) for the AY 2017-18, though confirmed the denial of exemption under these sections by the AO, without appreciating the positions of law before the insertion of section 13(10) and the relevant proviso of section 10(23C) which are effective only from 01.04.2023.” 2. Before us, right at the outset, the Ld. DR pointed

DOLLY GHOSH,BHAGALPUR vs. ACIT CENTRAL CIRCLE 1 PATNA, PATNA

In the result, the appeal of the assessee is allowed

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

capital gains chargeable under section 45; (vii) the profits and gains of any business of insurance carried on by a mutual insurance company or by a co- operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the First Schedule; (viia) the profits and gains

AMRENDRA PRATAP SINGH,VARANASI vs. INCOME TAX OFFICER WARD- 3(1), GAYA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

capital gain under the Act. 11. For that the ld. Commissioner of Income Tax (Appeal) as well as the ld. assessing officer has erred in holding that the interest aggregating to Rs.1,77,580, being Rs.99,913 credited in ICICI Bank and Rs.77,667 credited in Canara Bank, during the Previous Year 2011-12 corresponding to the Assessment Year

SANGEETA GOEL,PATNA vs. CCIT, NFAC, PATNA

In the result, appeal of the assessee is allowed

Bench: Shri Sonjoy Sarma, Hon’Blei.T.A. No. 211/Pat/2024 Assessment Year: 2013-14 Sangeeta Goel Chief Commissioner Of Income-Tax/Nfac 506, Santosha Complex Vs Fraser Road Bander Bagicha Patna - 800001 [Pan: Acbpg0887A] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate Revenue By : Shri Sushil Kumar Mishra, Jcit D/R सुनवाई क" तारीख/Date Of Hearing : 06/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 12/04/2024 आदेश/O R D E R Per, Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 30/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. A. That The Initiation Of Proceeding U/S 147 R.W.S 148 Of The It Act, 1961 Based On Alleged Information Of Bogus Trade Amounting To Rs. 35,09,213/- In The Shares & Securities Of M/S Ayaan Commercial Pvt Ltd Being Bereft Of Fact & Assessee Having Not Carried On Any Such Transaction, The Assumption Of Jurisdiction U/S 147 Of The It Act, 1961 Is Bad In Law. B. That The Ld. A.O. Having Rejected The Objection Of The Assessee Although These Facts Are Brought On Record His Action In Doing So Is Bad In Law. C. That The Reopening U/S 147 Was Based On Mere Suspicion & Surmises, The Proceeding U/S 147 R.W.S. 148 Of The It Act, 1961 Is Bad In Law.

c. That the reopening u/s 147 was based on mere suspicion and surmises, the proceeding u/s 147 r.w.s. 148 of the IT Act, 1961 is bad in law. 2 I.T.A. No. 211/Pat/2024 Assessment Year: 2013-14 Sangeeta Goel 2. That the Ld. CIT(A) erred in upholding proceeding u/s 147 r.w.s. 148 of the IT Act, 1961 even after admitting

MASUDAN TANTI,BHAGALPUR vs. CIT, NFAC, DELHI

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

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2013-14

capital account etc. A copy of the notice u/s 142(1) dated 02.12.2021 was also got served physically through the Verification Unit but despite being provided with several opportunities, no compliance was made nor any reply was filed. Meanwhile, information was collected from UCO Bank and it was found that the total amount credited in the bank account

ITO, WARD-4(1), PATNA vs. JAGDISH RAY, PATNA

In the result, the appeal of revenue-ITA No

11. ITA No.102/Pat/20 AY 2014-15 & CO No.01/Pat/2021 (ITA No. 102/Pat/20) AY 2014-15 Jagdish Ray Act, we will first go though the relevant provisions of Section 10(37) of the Act, which reads as under:- 10(37) in the case of an assessee, being an individual or a Hindu undivided family, any income chargeable under the head "Capital gains

AJAY KUMAR,PATNA vs. ITO, WARD- 6 (3), PATNA, PATNA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

C) passed by the ITO Ward 4(1), Patna through speed post on 06.04.2024, than appellant immediate consult to another Advocate for filing appeal before the Hon'ble ITAT, Appellant further pray that appellant having great interest in the case. Therefore on the ground of natural justice kindly condone the delay for filing of appeal before the Income Tax Appellate

VIVEK KUMAR RANA,PATNA vs. ASSESSEMENT UNIT, DELHI

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

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 115/Pat/2025 Assessment Year: 2016-2017 Vivek Kumar Rana,…….……….………..………Appellant 101, Artak Apartment, Ashiana Road, B.V. College, S.O. Rukanpura, Patna-800014, Bihar [Pan:Adhpr8630D] -Vs.- Assessment Unit, Delhi,………………….…....Respondent Ito/Nfac, Delhi Appearances By: Shri Manish Sinha, Advocate, Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: June 17, 2025 Date Of Pronouncing The Order: June 24, 2025 O R D E R

capital gain and initiated penalty proceedings under section 271(1)(c) of the Act for concealment of income and furnishing of inaccurate particulars of income. Thus ld. Assessing Officer determined the total income of the assessee at Rs.47,99,250/- (income as per return of income filed u/s 139 amounting to Rs.36,28,740/- plus undisclosed LTCG of Rs.11

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. 7. For that the CIT (Appeal) grossly erred in passing ex-parte order confirming levy and demand of interest u/s 234A, 234B, 234C levied and demanded in the order passed by the Ld. assessing officer is unjustified and illegal. 8. For that the CIT (Appeal) erred in passing ex-parte order confirming initiation of penal proceeding under section

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. 7. For that the CIT (Appeal) grossly erred in passing ex-parte order confirming levy and demand of interest u/s 234A, 234B, 234C levied and demanded in the order passed by the Ld. assessing officer is unjustified and illegal. 8. For that the CIT (Appeal) erred in passing ex-parte order confirming initiation of penal proceeding under section

BAIJU ROY,PATNA vs. ITO, WARD-4(2), PATNA

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

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

capital gain : Rs.1,25,05,763/- Total income : Rs.1,27,58,955/- Or Rs.1,27,58,960/- Assessed u/s 143(3) of the I.T. Act, 1961 on a total income of Rs.1,27,58,960/-. Issue Demand Notice, Challan and a copy of the Order to the assessee. Penalty proceeding u/s 271(1)(c) is also initiated for inaccurate particular

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

KAMLESH KUMAR,PATNA vs. ITO WARD- 6 (4), PATNA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraι.Τ.Α. No.: 147/Pat/2025

CAPITAL GAIN" is untenable and against the provisions of law and facts both, as the appellant's case is squarely covered on the facts of the case and thus the said addition may kindly be deleted or set aside. Further grounds, submissions papers and arguments shall be urged at the time of the hearing of the case.” 3. The grounds