NEHA VERMA ,PATNA vs. ACIT CENTRAL CIRCLE 1, PATNA

In the result, all the appeals of assessee in ITA No

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

14-15 to 19-20 computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40. (3) The written down value of any asset of an eligible business shall be deemed to have been calculated as if the eligible assessee had claimed and had been actually allowed the deduction in respect

NEHA VERMA,PATNA vs. ACIT CENTRAL CIRCLE 1, LOKNAYAK BHAWAN

In the result, all the appeals of assessee in ITA No

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

14-15 to 19-20 computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40. (3) The written down value of any asset of an eligible business shall be deemed to have been calculated as if the eligible assessee had claimed and had been actually allowed the deduction in respect

NEHA VERMA,PATNA vs. ACIT CENTAL CIRCLE-1, PATNA

In the result, all the appeals of assessee in ITA No

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

14-15 to 19-20 computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40. (3) The written down value of any asset of an eligible business shall be deemed to have been calculated as if the eligible assessee had claimed and had been actually allowed the deduction in respect

NEHA VERMA,PATNA vs. ACIT CENTRAL CIRCLE -1, PATNA

In the result, all the appeals of assessee in ITA No

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

14-15 to 19-20 computed under sub-section (1) subject to the conditions and limits specified in clause (b) of section 40. (3) The written down value of any asset of an eligible business shall be deemed to have been calculated as if the eligible assessee had claimed and had been actually allowed the deduction in respect

ACIT vs. INTERNATIONAL SCHOOL OF SOCIAL WELFARE HUMAN RESOURCES,

In the result, the appeal filed by the Revenue is allowed while the Cross Objection filed by the assessee is dismissed

Bench: Shri Sanjay Garg & Shri Rakesh Mishra

14. Having considered the rivals submissions of the case as well as the case laws/sections as relied on by the both the parties, we are of the opinion that as far as a service of notice u/s. 143(2) of the Act is concerned, it is now settled law that the same is mandatory for making the assessment u/s.143

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

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned (hereafter in this section and in sections 148 to 153 referred to as the relevant assessment year): Provided that where an assessment under sub-section (3) of section 143 or this section has been made for the relevant assessment year, no action shall

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

14. In response, the assessee in its reply, submitted on 08-11- 2011, accepted that tax has not been deducted on this rent. The submission of the assessee is being reproduced below: “Rs. 1,43,10,424.00 is included in Earth Work Expenses in the Profit and Loss Account under Direct Expenses Head and TDS has not been deducted

ASHOK KUMAR,BHOJPUR vs. ITO, WARD-1, ARA

In the result, the appeal of the assessee is partly allowed as indicated above

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

10. In Ground No.5, the assessee has pleaded that ld. CIT(Appeals) has erred in upholding the disallowance of Rs.32,71,379/-. 11. The ld. Assessing Officer during the course of assessment proceedings found that the assessee had made payments to carriage outwards and commission paid to Hawkers and it has not deducted TDS on such payments. Therefore, those expenses

THE MUZAFFARPUR CENTRAL CO-OPERATIVE BANK LTD,MUZAFFARPUR vs. ACIT, CIRCLE-2, MUZAFFARPUR

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

Bench: Shri Mainsh Borad & Shri Sonjoy Sarma]

10. For that since the appellant was not obliged to file return u/s 139, the provisions of section 139(3) as well as section 80 would not be applicable to them in the years for which losses have been carried forward. 11. For that the losses have, therefore, been carried forward u/s 72 of the Income Tax Act and should

RAVI LOCHAN SINGH,PATNA vs. ACIT, CIRCLE-5, PATNA

In the result, the appeal filed by the assessee is dismissed

Bench: SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

10 days of hearing beginning from 02.11.2022 to the last one being on 01.01.2025. It is seen that either adjournments have been taken by the Ld. AR or none have attended on certain other dates. In fact, on the last date of hearing also none attended and it is considered appropriate that this old pending matter may be disposed

SRIRAM ENTERPRISES,PATNA vs. PCIT (CENTRAL), PATNA

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No. 76/Pat/2023 Assessment Year: 2018-2019 Sriram Enterprises,………………………..........Appellant C/O. Nirmal & Associates, Nepali Kothi, Opposite Gasoline Petrol Pump, Boring Road, Patna-800001 [Pan:Aarfs8853J] -Vs.- Principal Commissioner Of Income Tax (Central), Patna,…………………………………..……………..Respondent, Bihar-800001 Appearances By: Shri Nishant Maitin, C.A., Appeared On Behalf Of The Assessee Md. A.H. Chowdhary, Cit (D.R.), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : 5Th March, 2024 Date Of Pronouncing The Order: May 8Th, 2024 O R D E R

14 Assessment Year: 2018-2019 Sriram Enterprises 8.7. We find that the Hon'ble Delhi High Court in the case of CIT vs. Anil Kumar reported in 335 ITR 83 has held that where it was discernible from record that the A.O has applied his mind to the issue in question, the ld. CIT cannot invoke section

RAKESH KUMAR,PATNA vs. DCIT, CIRCLE-4, PATNA

In the result, both the appeals of the assessee for AYs 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. Nos.85 & 86/Pat/2017 Assessment Years: 2012-13 & 2013-14

Depreciation for the year Electricals & equipments 17,013 2,552 Furniture & fixture 44,742 4,474 Tools & equipments 91,252 13,263 Computer 24,604 (new) 14,762 Printer 5,000 (new) 840 From above chart, it is evident that to manufacture/produce ultrasonography and X-ray machines which resulted In sale of Rs.5,10,49,366/- & net profit of Rs.2

RAKESH KUMAR,PATNA vs. DCIT, CIRCLE-4, PATNA

In the result, both the appeals of the assessee for AYs 2012-13

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. Nos.85 & 86/Pat/2017 Assessment Years: 2012-13 & 2013-14

Depreciation for the year Electricals & equipments 17,013 2,552 Furniture & fixture 44,742 4,474 Tools & equipments 91,252 13,263 Computer 24,604 (new) 14,762 Printer 5,000 (new) 840 From above chart, it is evident that to manufacture/produce ultrasonography and X-ray machines which resulted In sale of Rs.5,10,49,366/- & net profit of Rs.2

ARUN CONSTRUCTION,BHAGALPUR vs. ACIT, CIRCLE-1, BHAGALPUR

In the result, all the appeals (ITA Nos

depreciation and other charges. The total hire charges is not taxable. The addition of Rs. 9,43,735/- on account of hire charges as sustained 1 confirmed by the learned CIT(A) is arbitrary, unjustified, void ab-initio and bad in law. The addition as sustained is fit to be deleted. 3. For that in the facts and circumstances

ARUN CONSTRUCTION,BHAGALPUR vs. ACIT, CIRCLE-1, BHAGALPUR

In the result, all the appeals (ITA Nos

depreciation and other charges. The total hire charges is not taxable. The addition of Rs. 9,43,735/- on account of hire charges as sustained 1 confirmed by the learned CIT(A) is arbitrary, unjustified, void ab-initio and bad in law. The addition as sustained is fit to be deleted. 3. For that in the facts and circumstances

JCIT(IN-SITU), CIRCLE-1, PATNA., PATNA vs. NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED, PATNA

In the result, the appeals of the Revenue and COs of the\nassessee are dismissed

10,50,775/- has been\nerredited on 31.03.2019. This includes accretion of interest on capital fund upto\n31.03.2018 as well as ex- post FY 2018-19. Therefore, the contention of the appellant\nappears to be correct although the crediting of interest has happened on\n31.03.2019 and not on 31.03.2018 as claimed in the submission.\n5.1.3 It is therefore clear that

ACIT, CIRCLE-4, PATNA vs. SH. SURESH , PATNA

section 28(iv) of the I. T. Act, 1961. The learned CIT(A) passed the order after full appreciation of the facts of the case and after application of judicial mind. The learned CIT(A) called for Remand Report from the Assessing Officer but the Assessing Officer did not respond to the Remand Report inspite of reminders having been given

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, PATNA, PATNA vs. NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED, PATNA

In the result, the appeals of the Revenue and COs of the assessee are dismissed

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am

depreciation is calculated on the reduced value of fixed assets. The AO however noted that no corroborative documentary evidence was filed in respect of the above contention. Therefore, the interest amount on grant partakes the nature of revenue receipt and is to be accounted accordingly. Therefore, the addition of Rs. 28,78,62,239/- was made. 6.4. We therefore find