JCIT(IN-SITU), CIRCLE-1, PATNA, PATNA vs. TECHNOCULTURE BUILDING CENTRE PRIVATE LIMITED, PATNA

In the result, appeal of the Revenue is allowed for statistical purposes\nand Cross Objection filed by the assessee is dismissed

disallowance of the deduction, even if the payment was made before the due date\nfor filing the ROI. We need to remind ourselves that this is exactly the case in the present\nappeal. The judgment reinforced the distinction between employer and employee\ncontributions. While an employer's contributions could be governed by section 43B of the\nAct, employees' contributions

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

139 or in response to a notice issued under sub-section (1) of section 142 or section 148 , or (ii) to disclose fully and truly all material facts necessary for his assessment for that assessment year, are satisfied Merely having a reason to believe that income had escaped assessment is not sufficient to reopen assessments beyond the period of four

KISHORI CAPITAL MARKETS PVT. LTD.,BBD BAGH (EAST) vs. ITO WARD 2(1), PATNA, LOK NAYAK BHAWAN

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

Bench: Sri Rajesh Kumar & Pradip Kumar Choubey

disallowance of Rs. 2,05,14,580/- has been dismissed but allowed the appeal of the assessee by allowing the credit for pre-assessment taxes paid and accordingly, the appeal has been dismissed. Being aggrieved and dissatisfied with the impugned order, the present appeal has been preferred. 1.1. The ld. Counsel for the assessee challenges the impugned order on various

DY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1, PATNA, PATNA vs. GANADHIPATI CONSTRUCTION PVT LTD, PATNA

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

Bench: Shri Rajpal Yadav & Dr. Manish Borad

139(1). The deductions u/s 80IA were claimed in the return in response to the notice u/s 153A. The only dispute here is that whether the appellant is developer or the contractor since the deductions u/s 80IA are available to developers and not to the contractors. The AO has disallowed the claim of the appellant since the return

DY COMMISSIONER OF INCOME TAX, PATNA vs. GANADHIPATI CONSTRUCTION PVT LTD, PATNA

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

Bench: Shri Rajpal Yadav & Dr. Manish Borad

139(1). The deductions u/s 80IA were claimed in the return in response to the notice u/s 153A. The only dispute here is that whether the appellant is developer or the contractor since the deductions u/s 80IA are available to developers and not to the contractors. The AO has disallowed the claim of the appellant since the return

DY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1 PATNA, PATNA vs. GANADHIPATI CONSTRUCTION PVT LTD, PATNA

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

Bench: Shri Rajpal Yadav & Dr. Manish Borad

139(1). The deductions u/s 80IA were claimed in the return in response to the notice u/s 153A. The only dispute here is that whether the appellant is developer or the contractor since the deductions u/s 80IA are available to developers and not to the contractors. The AO has disallowed the claim of the appellant since the return

DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1,PATNA, PATNA vs. GANADHIPATI CONSTRUCTION PVT LTD, PATNA

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

Bench: Shri Rajpal Yadav & Dr. Manish Borad

139(1). The deductions u/s 80IA were claimed in the return in response to the notice u/s 153A. The only dispute here is that whether the appellant is developer or the contractor since the deductions u/s 80IA are available to developers and not to the contractors. The AO has disallowed the claim of the appellant since the return

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

Appeal is treated as allowed for statistical purposes

139(1). Hence, exemption under section 11 and 12 is also not applicable and the exemption claimed of Rs. 5,80,39,300/-plus other section in ITR is hereby disallowed

KOSHLESH VARIJ LOCHAN,BANGALORE vs. ITO WARD- 1 (1), MUZAFFARPUR

In the result, all the appeals of the assessee are allowed”

Bench: Shri Sanjay Garg & Dr. Manish Borad

1) of section 139, in the manner specified for furnishing such return of income. We find that coordinate bench in 42 Hertz Software India (P.) Ltd v. ACIT [2022] 139 taxmann.com 448 (Bangalore – Trib.) wherein following its earlier order in the case of Ms. Brinda Rama Krishna v.ITO [2022] 135 taxmann.com 358 (Bang – Trib) it was held that

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]

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 have been to the set off from the current year income. 12. For that the carried forward business

KUMAR SAURABH,WEST BENGAL vs. ITO WARD 4 (1), PATNA

In the result, appeal of the assessee is allowed

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.345/Pat/2023 Assessment Year: 2019-20

1) of section 139 in the manner specified for furnishing such return of income. We find that coordinate bench in 42 Hertz Software India (P.) Ltd v. ACIT [2022] 139 taxmann.com 448 (Bangalore - Trib.) wherein following its Page 4 of 6 I.T.A. No. 345/Pat/2023 Kumar Saurabh, AY : 2019-20 earlier order in the case of Ms. Brinda Rama Krishna

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

SUNITA KUMARI,GAYA vs. ACIT, CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further

UDAY SHANKAR ARUN,GAYA vs. ACIT CENTRAL CIRCLE-2, PATNA

ITA No. 17/Pat/2023;

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Dr. Manish Borad, Hon’Blei.T.A. Nos. 17 To 23/Pat/2023 Assessment Years: 2013-14 To 2019-20 Sunita Kumari Acit, Central Circle-2, Patna Mir Abu Saleh Road Vs Kotwali Bihar - 823001 [Pan: Aoupk1552K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent)

139(1) of the Act was filed on 10/05/2014 and 09/03/2017 and no notice under section 143(2) of the Act, was issued for selecting the case of the assessee for scrutiny and as on the date of search assessment proceedings were not pending and, therefore, AY 2013-14 and 2015-16, are non-abated and completed assessments. Further