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9 results for “depreciation”+ Section 50(1)clear

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Key Topics

Section 43B11Addition to Income9Section 1476Disallowance6Section 143(3)4Depreciation4Section 145(3)3Section 2502Section 143(1)2Section 143(2)

PUNRASAR JUTE PARK LIMITED,PURNEA vs. CIT, PURNEA

In the result, the appeal of the assessee is allowed

ITA 432/PAT/2024[2015-16]Status: DisposedITAT Patna05 Sept 2024AY 2015-16

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

Section 133(6)Section 142(1)Section 142(2)Section 143(1)Section 143(3)Section 147Section 148

1) of the Act were issued and served upon the assessee requiring it to produce sufficient documents in the form of audit report, loan confirmations, complete name and addresses of the loan-creditors, establishing the genuineness of the loan creditors from whom the assessee received loans during the relevant financial year. In response to the above

2
Section 142(1)2

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

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

ITA 10/PAT/2015[2009-10]Status: DisposedITAT Patna17 Oct 2023AY 2009-10

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

Section 142(1)Section 143(2)Section 271(1)(b)Section 40A(3)

50,000/- Subhash Kumar 08-09-2008 PNB-9926 797767 5,00,000/- Subodh Kumar 08-07-2008 SBI-347 735727 6,1 1,600/- Vinod Chandra 14-07-2008 Dena-285 975914 1,47,000/- Vinod Kumar 20-11-2008 PNB-9926 797772 2,00,000/- TOTAL 1,44,87,045/- Signed and stamped copy of ledgers of above

JOINT COMMISSIONER INCOME-TAX(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

ITA 99/PAT/2025[2013-14]Status: DisposedITAT Patna23 Feb 2026AY 2013-14

50,775/- has been\nerredited as 31.03.2019. This includes accretion of interest on capital fund upto\n31.03.2018 as well as co. 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 the interest

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

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

ITA 124/PAT/2020[2011-12]Status: DisposedITAT Patna08 Jan 2025AY 2011-12

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

Section 250Section 32Section 32(1)

50% of the normal depreciation will be allowed as per the provision of section 32(1) of IT Act. Hence

MAHUA COOPERATIVE COLD STORAGE LTD, MAHUA,VAISHALI vs. ADIT,CPC, BENGALURU, BENGALURU

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

ITA 520/PAT/2024[2021-22]Status: DisposedITAT Patna19 Feb 2026AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(1)Section 250Section 43BSection 4A

section 43B. 6) For that the addition on account of interest payable to NCDC is, therefore, liable to be deleted. 7) For that the appellant has carried forward loss of Rs. 50,33,596/- and carried forward unabsorbed depreciation of Rs. 44,65,970/- which should have been allowed against the income determined. 8) For that other grounds

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

ITA 234/PAT/2025[2017-18]Status: DisposedITAT Patna23 Feb 2026AY 2017-18

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

For Appellant: Sh. Ankit Kumar, CAFor Respondent: Md. A. H. Chowdhary, CIT (DR)

50,775/- has been credited on 31.03.2019. This includes accretion of interest on capital fund upto 31.03.2018 as well as for FY 2018-19. Therefore, the contention of the appellant appears to be correct although the crediting of interest has happened on 31.03.2019 and not on 31.03.2018 as claimed in the submission. 5.1.3 It is therefore clear that the interest

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

ITA 140/PAT/2025[2015-16]Status: DisposedITAT Patna23 Feb 2026AY 2015-16
For Appellant: Sh. Ankit Kumar, CAFor Respondent: Md. A. H. Chowdhary, CIT (DR)

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

DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S R.P.RAI ESTATE PVT LTD, PATNA

In the result, the appeal of the revenue is dismissed

ITA 28/PAT/2021[2017-18]Status: DisposedITAT Patna03 Apr 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Dcit, Circle-1, Muzaffarpur M/S. R.P. Rai Estate Pvt. Ltd. Vs 19, Goharua, Patliputra Colony, Patliputra, Patna- 800013. Pan: Aaccr 4972 P (Appellant) (Respondent) Present For: Appellant By : Shri Sushil Kumar Mishra, Jcit, Dr Respondent By : Shri Devesh Poddar, Advocate Date Of Hearing : 19.03.2024 Date Of Pronouncement : 03.04.2024 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Revenue For The Assessment Year 2017-18 Is Directed Against The Order Dated 29.06.2020 Passed By The Ld. Commissioner Of Income-Tax (Appeal), Patna [Hereinafter Referred To As ‘The Ld. Cit(A)’].

For Appellant: Shri Sushil Kumar Mishra, JCIT, DRFor Respondent: Shri Devesh Poddar, Advocate
Section 143(2)

50,15,861/-. 3. Dissatisfied with the above order, assessee went into appeal before the ld. CIT(A) where the appeal of the assessee was allowed observing as under: “I have considered the facts of the case and also gone through the Assessment Order and submission made by the A.R. The contention of the A.R is that the building

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

In the result, the appeal of the assessee is allowed

ITA 200/PAT/2014[2005-06]Status: DisposedITAT Patna21 Sept 2022AY 2005-06

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/-.”

For Appellant: Smt. Archana Sharma, CAFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(3)Section 145(3)

depreciation claimed in the profit and loss accounts. However, doing so, he allowed salary and interest to partners amounting to Rs. 3,97,897/- therefrom. Since the assessee firm was reconstituted and seven partners had introduced Rs. 17,86,586/- towards their capital and out of seven partners did not file any documentary proof to explain the source of capital