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

section 68 by treating impugned Long term Capital Gain as bogus - Whether for Page 11 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 aforesaid reasons, no question of law much less any substantial question of law arises from order of Tribunal requiring consideration by this Court - Held, yes [Paras 13

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

section 68 by treating impugned Long term Capital Gain as bogus - Whether for Page 11 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 aforesaid reasons, no question of law much less any substantial question of law arises from order of Tribunal requiring consideration by this Court - Held, yes [Paras 13

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

section 68 by treating impugned Long term Capital Gain as bogus - Whether for Page 11 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 aforesaid reasons, no question of law much less any substantial question of law arises from order of Tribunal requiring consideration by this Court - Held, yes [Paras 13

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

section 68 by treating impugned Long term Capital Gain as bogus - Whether for Page 11 of 14 I.T.A. No.: 179 to 183/PAT/2023 Amar Kasera (HUF), AYs : 2011-12, 2013-14 to 2015-16 aforesaid reasons, no question of law much less any substantial question of law arises from order of Tribunal requiring consideration by this Court - Held, yes [Paras 13

DCIT, 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]

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

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]

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

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]

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

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]

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

KUMAR ARUNOSAYA,PATNA vs. A.O., CIRCLE-6, 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]

13 6. The issue raised in ground no. 1 by the revenue is against the order of Ld. CIT(A) quashing the order passed u/s 154 of the Act dated 24.02.2020 by the AO. 7. Facts in brief are that the assessment u/s 143(3) read with Section 147 of the Act was framed by the AO vide order dated

HARI NARAYAN GUPTA (HUF),PATNA vs. ITO, WARD- 6 (5), PATNA

In the result, the appeal of the assessee is allowed

Section 50C of the Income Tax Act, 1951)\n9) Less: Indexed cost of land\n10) Long Term Capital Gain for tax purpose 1,33,85,300/-\nThe Id. CIT (A) in the appellate proceedings dismissed the appeal of\nthe assessee by passing a very cryptic order by observing that the\nLong-Term Capital Gain was correctly computed

VINOD YADAV,PATNA vs. ITO, WARD- 6 (3), PATNA

In the result, the appeal of the assessee is partly allowed for statistical\npurposes

Section 50C of the Income Tax Act, 1951) ₹3,45,79,350/-\n2.1. The Id. CIT (A) in the appellate proceedings dismissed the appeal\nof the assessee by passing a very cryptic order by observing thereto\nthat the Long-Term Capital Gain was correctly computed by the Id. AO\nand brought to tax. The Id. CIT (A) relied

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

In the result, the appeal of revenue-ITA No

Capital gains" arising from the transfer of agricultural land, where— (i) such land is situate in any area referred to in item (a) or item (b) of sub-clause (iii) of clause (14) of section 2; (ii) such land, during the period of two years immediately preceding the date of transfer, was being used for agricultural purposes by such Hindu

SANJIV KUMAR SINGH,HATHINI vs. NFAC, NEW DELHI

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 323/Pat/2023 Assessment Year: 2020-2021 Sanjiv Kumar Singh,………………...…………Appellant 23 S/O. Barhma Singh, At Po Hathni, Rohitas-802215, Bihar [Pan:Bmsps6887A] -Vs.- Income Tax Officer,…..………………………...Respondent Nfac, New Delhi Appearances By: Smt. Smriti Singh, A.R., Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 03, 2024 Date Of Pronouncing The Order: December 31, 2024 O R D E R

13,60,000/- by invoking section 50C of the Act on account of capital gain. (7) For that the Ld. CIT(A) has failed

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

sections 54B and 54F, but he has not dealt with those claims. He has not granted the opportunities to the assessee for submission of these evidences. It is also not discernable when he issued 143(2) notice upon the assessee. We have extracted supra the assessment order, which is running only one page. When specifically dealing with all aspects elaborately

PANCHAM PAL,PATNA vs. I.T.O, WARD- 6 (4), PATNA

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

13. For that the learned Commissioner of Income-tax (Appeals) has erred in not considering the fact that Assessing Officer has erred in invoking section 147 in the case of the appellant without appreciating that no income has escaped assessment. 14. For that the learned Commissioner of Income-tax (Appeals) has erred in not considering the fact that invocation

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

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

section 54F of the IT Act, 1961 then no Capital Gain Tax would have been payable. 10. For that on the facts and circumstances of the case the Assessing Officer has erred in holding that the cost of the land under question at NIL. 11. For that on the facts and circumstances of the case the Assessing Officer has erred

SAROJ DEVI,PATNA vs. ITO, WARD- 6 (4), PATNA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

section 53A of the T. P. Act or u/s 2(47)(v) of the I. T. Act, 1961 before actual possession is received from the developer. The Assessing Officer wrongly estimated the cost of construction of super built-up area including parking space at the rate of 1500/- per sft. In view of the above, the Long Term Capital Gain