M/S NORTH BIHAR DISTRIBUTOR,PURNEA vs. ITO, WARD-3(1), PURNEA

In the result, appeals of the assessee are dismissed

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

143(3)/147 of the Act. 3. For that the Ld. CIT(Appeals) has not been justified in confirming the profit of Rs.3,73,827/- which is estimated @ 8% of the Gross receipt. 4. For that the Ld. CIT(Appeals) has not been justified in confirming the initiation of penalty proceedings u/s. 271B of the Act. 5. For that

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

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) : 13 I.T.A. No. 119/PAT/2011 & C.O. No.1/PAT/2012 International School of Social Welfare & Human Resources: AY: 2006-06 Provided that where an assessment under sub-section (3) of section

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

143(3) dated 02.09.2021 passed by the A.O. is cancelled. The assessing officer is directed to pass a fresh assessment order considering all the issues including the issues raised in the cancelled order and as mentioned in this order and re-compute the assessee’s income after making proper enquiries/verification in respect of the issue discussed above, and after giving

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

143(2) was issued and served upon the assessee. The ld. Assessing Officer has issued questionnaires under section 142(1) on 13.06.2011. A perusal of the finding of ld. Assessing Officer on page 2 of the impugned order would reveal that the assessee was not very cooperative with the ld. Assessing Officer for submitting the requisite details. The 2 Assessment

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

143(1) of the Act. During the course of assessment proceeding, assessee furnished audited financial statement along with audit report on Form No. 10CCB in support of his deduction claimed u/s. 80IC of the Act. Assessee also submitted details of meter setting certificate indicating the location and address of industrial undertaking and Small Scale Industries certificate issued

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

143(1) of the Act. During the course of assessment proceeding, assessee furnished audited financial statement along with audit report on Form No. 10CCB in support of his deduction claimed u/s. 80IC of the Act. Assessee also submitted details of meter setting certificate indicating the location and address of industrial undertaking and Small Scale Industries certificate issued

NORTH BIHAR POWER DISTRUBUTION CO. LTD,PATNA vs. PR. CIT-1, PATNA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2017-18

143(3) of the Act determining total loss at Rs.807,63,74,159/- after making an addition of Rs.48,82,82,893/-. 4.1. Ld. Pr. CIT subsequently, observed that assessment has been completed without making enquiries and verifications for which a show cause notice was issued u/s. 263(1) of the Act, the contents of the said show cause notice

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

In the result, all the appeals (ITA Nos

143(3) rws 147 of the I T. Act, 1961 is fit to be annulled 1 cancelled. 2.2 For that this is a case of change of opinion. Initiation of proceeding u/s 147 and resorting the provision of section 147 I 148 is arbitrary unjustified, void ab-initio and bad in law. 3. For that the learned

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

In the result, all the appeals (ITA Nos

143(3) rws 147 of the I T. Act, 1961 is fit to be annulled 1 cancelled. 2.2 For that this is a case of change of opinion. Initiation of proceeding u/s 147 and resorting the provision of section 147 I 148 is arbitrary unjustified, void ab-initio and bad in law. 3. For that the learned

ACIT, CIRCLE-1, PATNA vs. BIHAR KSHETRIYA GRAMIN BANK, MUNGER

In the result, the appeal of the revenue is dismissed

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

143(3) / 144 of the Act vide order dated 30.03.2015. During the assessment proceeding, the AO introduced that the assessee had claimed 2 AY: 2012-13 Bihar Kshetriya Gramin Bank purchase of computers worth Rs. 1,37,74,508/- but bills for an amount of Rs. 1,36,11,905/- could be filed and remaining amount of Rs. 1

RADHA GOVIND PUBLIC WELFARE SOCIETY,RAMGARH vs. CIT(EXEMPTION), PATNA

In the result, appeal of the assessee is allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2015-16

143(3) dated 03.11.2016 and stated that a notice u/s. 142(1) was issued in the course of assessment proceeding on all the twelve issues which have been raised by the Ld. CIT in the impugned revisionary proceeding. He also submitted that assessee had duly complied with the requirements of the said notice and also produced books of accounts, bills

M/S KUMAR CONSTRUCTION,CHAPRA vs. DCIT, CICLE-2, MUZAFFAPUR

In the result, the appeal of the assessee is allowed

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos.200/Pat/2014 Assessment Year: 2005-06 M/S. Kumar Construction Dcit, Circle-2, Muzaffarpur P.O. Dumri Adda, P.S. Vs. Doriganj, Dist. Chapra. Pan: Aajfm 7295 G (Appellant) (Respondent) Present For: Appellant By : Smt. Archana Sharma, Ca Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 28.06.2022 Date Of Pronouncement : 22.09.2022 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Preferred By The Assessee For The A.Y. 2005-06 Is Directed Against The Order Passed U/S 143(3) Of The Income-Tax Act, 1961 Passed By Osd, Cit(A) Dated 26.06.2014. The Assessee Has Taken The Following Revised Ground Of Appeal For A.Y. 2005-06 As Under: “I. The Ld. Assessing Officer Has Assessed Profit @ 8% Of Total Gross Receipts Amount To Rs. 2,40,85,620/- Amounting To Rs. 19,26,850/- & Added Back To Assessee’S Income While Computation Of Tax. Ii. Capital Introduced By 6 Partner’S Amounting To Rs. 12,20,000/- Has Been Outrightly Rejected By Ao & Added Back To Assessees Income While Computation Of Tax. Iii. The Respondent Have Rejected The Books Of Accounts Invoking The Provision Of Section 145(3) & Rejecting The Books Of Accounts Regularly Maintained & Holding That The Audited Books Of Accounts Were Not Absolutely Reliable. So, We Pray For Consider The Revised Grounds Stated Above & Grant Relief For Assessee’S Income @ 6% Of The Total Receipts Of Rs. 2,40,85,620/-.”

143(3) of the Income-tax Act, 1961 passed by OSD, CIT(A) dated 26.06.2014. The assessee has taken the following revised ground of appeal for A.Y. 2005-06 as under: “i. The ld. Assessing Officer has assessed profit @ 8% of total gross receipts amount to Rs. 2,40,85,620/- amounting to Rs. 19,26,850/- and added back