AGLOWMED LIMITED,PATNA vs. ADIT(CPC), BANGALORE

In the result, the appeal of the assessee is dismissed

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

disallowance made u/s. 36(1)(va) of the Act in respect of delay in deposit of Employees’ Contribution of Provident Fund and Employees State Insurance (PF & ESI) totaling to Rs.3,82,386/-. The issue relating to ground taken by the assessee have come to rest by the recent verdict of the Hon’ble Supreme Court in Chekmate Services

SONA GOLD AGROCHEM PVT LTD,PATNA vs. ADCIR, CPC

In the result, the appeal of the assessee stands dismissed”

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

section 36(1)(va) from beginning being similar to that now held by Hon'ble Supreme Court in the case of Checkmate Services (P) Ltd. Vs. CIT (2022) 448 ITR 518 (SC), the base of Checkmate's case is changed and disallowance

SIS CASH SERVICES PRIVATE LIMITED,PATNA vs. ADIT, CPC, BANGALORE, BANGALORE

36(1)(va) of the Act, and not by Section 43B of the Act. The court emphasized that employee contributions must be deposited within the due dates specified under the relevant statutes. Failure to do so would result in disallowance

DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

disallowance of the provisional expenditure as per para 11 of the assessment order at ₹44,70,128/- were made and the total income was assessed at ₹176,92,74,630/-. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who considered in detail the provisions of section 36(1

DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR

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

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey] I.T.A. No. 29/Pat/2021 Assessment Year: 2013-14 Dcit, Circle-1, Muzaffarpur M/S Uttar Bihar Gramin Bank

disallowance made under this head amounting to Rs. 10,70,70,590/- 10. Coming to the second ground is concerned the Ld. CIT(A) in its order has held thus-: “I, therefore, hold KCC loans as long term finance for the purpose of Section 36(1

SHRAWAN GOENKA,PATNA vs. ACIT, CIRCLE-6, PATNA

In the result, the appeal of the assessee stands allowed

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.12/Pat/2021 Assessment Year: 2012-13 Shrawan Goenka........................................…...........................……….……Appellant C/O Nirmal & Associates, Chartered Accountants, Nepai Kothi, Opp. Gasoline Petrol Pump, Boring Road, Patna-800001. [Pan:Adcpg8792N] Vs. Acit, Circle-6, Patna.............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Nishant Maitin, Ca, Appeared On Behalf Of The Appellant. Shri Rupesh Agrawal, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 28, 2022 Date Of Pronouncing The Order : June 6 , 2022 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 20.03.2020 Of The Commissioner Of Income Tax(Appeal), Hazaribagh [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

1)(vi) of the Act, if it is written off as irrecoverable in the books of accounts of the assessee for that previous year and it fulfills the conditions stipulated in sub section (2) of sub-section 36(2) of the Act. 5. Accordingly, no appeals may henceforth be filed on this ground and appeals already filed

SIS LIMITED,PATNA vs. ACIT, DELHI

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

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

section 36(1)(va) of the Act within due date as specified in the respective Act. Accordingly, while processing the return the same was made the addition u/s 143(1)(a) of the Act. During the course of assessment proceedings, the issue was also discussed and further the AO made disallowance

M/S MANISH FINLEASE (P) LTD,PATNA vs. ITO, WARD-2(1), PATNA

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2010-2011 Manish Finlease Pvt Ltd., Vs. Ito, Ward 2(1), Patna Chandi House Exhibition Road, Patna Pan/Gir No.Aaccm 6252 B (Appellant) .. ( Respondent) Assessee By : Shri A.K.Rastogi & Rakesh Kumar, Ars Revenue By : Shri Indrajeet Singh, Dr Date Of Hearing : 20/06/ 2019 Date Of Pronouncement : 09/08/ 2019 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Patna Dated 27.9.2018 For The Assessment Year 2010-2011. 2. The Appeal Filed By The Assessee Is Delayed By 51 Days. The Assessee Has Filed Application For Condonation Of Delay Stating The Reasons For Not Filing The Appeal In Time Before The Tribunal. After Hearing The Submissions Of The Parties, We Are Satisfied That The Assessee Had A Bonafide Reason For Not Filing The Appeal In Time. Therefore, We Condone The Delay & Proceed To Decide The Appeal Of The Assessee On Merits.

36 | 71 Assessment Year : 2010 -2011 filing of primary evidence of investors does not discharge the onus cast on the assessee company by virtue of section 68 of the Income-tax Act, 1961. 19. With regard to decision relied by ld D.R. in the case of Shree Bhagwati Concast Pvt Ltd., (supra), the fact were that the assessee received share

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

36(1)(va) of the Act, and not by Section 43B of the Act. The court emphasized that employee contributions must be deposited within the due dates specified under the relevant statutes. Failure to do so would result in disallowance

SAMASTIPUR KSHETRIYA GRAMIN BANK,PATNA vs. DCIT, CIRCLE-3, DARBHANGA

In the result, both the appeals of the assessee are partly allowed

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

section 36(1)(vii) of the Act. What is to be allowed u/s. 36(1)(vii) of the Act is actual write- off of a bad debt and not a mere Provision for bad and doubtful debts. The claim before us is in respect of the amortization of premium paid on acquisition of Government Securities classified under HTM category

I.T.O., WARD -2(1),, PATNA vs. M/S BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LTD., PATNA

In the result, the appeals of the department are dismissed

Bench: Sh. N. K. Saini, Am & Sh. Amit Shukla, Jm Ita No. 144/Pat./2017 : Asstt. Year : 2003-04 Ita No. 145/Pat./2017 : Asstt. Year : 2005-06 Income Tax Officer, Vs M/S Bihar State Food & Civil Ward-2(1), Supplies Corporation Ltd., Sone Bhawan, 5Th Floor, Birchand Patna Patel Marg, Patna (Appellant) (Respondent) Pan No. Aaccb0679F Assessee By : Sh. Manish Rastogi, Adv. Revenue By : Smt. Archna Sinha, Sr. Dr Date Of Hearing : 09.03.2018 Date Of Pronouncement : 09.03.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Order Each Dated 21.07.2017 Of The Ld. Cit(A)-1, Patna

36(1)(va) of the Income Tax Act, 1961 (hereinafter referred to as the Act) for the reasons that the contribution of the employer’s & employees to the ESI and EPF was not paid by due dates. 5. Being aggrieved the assessee carried the matter to the ld. CIT(A) who deleted the disallowance made by the AO by observing

I.T.O., WARD -2(1),, PATNA vs. M/S BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LTD., PATNA

In the result, the appeals of the department are dismissed

Bench: Sh. N. K. Saini, Am & Sh. Amit Shukla, Jm Ita No. 144/Pat./2017 : Asstt. Year : 2003-04 Ita No. 145/Pat./2017 : Asstt. Year : 2005-06 Income Tax Officer, Vs M/S Bihar State Food & Civil Ward-2(1), Supplies Corporation Ltd., Sone Bhawan, 5Th Floor, Birchand Patna Patel Marg, Patna (Appellant) (Respondent) Pan No. Aaccb0679F Assessee By : Sh. Manish Rastogi, Adv. Revenue By : Smt. Archna Sinha, Sr. Dr Date Of Hearing : 09.03.2018 Date Of Pronouncement : 09.03.2018 Order Per N. K. Saini, Am: These Two Appeals By The Department Are Directed Against The Separate Order Each Dated 21.07.2017 Of The Ld. Cit(A)-1, Patna

36(1)(va) of the Income Tax Act, 1961 (hereinafter referred to as the Act) for the reasons that the contribution of the employer’s & employees to the ESI and EPF was not paid by due dates. 5. Being aggrieved the assessee carried the matter to the ld. CIT(A) who deleted the disallowance made by the AO by observing

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]

section 36(1)(viia) of the Act and he held that the deduction @10% is allowable on the aggregate average advances of the rural branches computed as per Rule 6ABA of the IT Rules, 1962. The assessee furnished the chart of outstanding advances of the urban and rural branches as per which the total outstanding advances

AJIT KUMAR SINGH,PATNA vs. DCIT/AC, CIRCLE-4, PATNA

In the result, appeal of the assessee is dismissed

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 72/Pat/2021 Assessment Year: 2018-19 Ajit Kumar Singh Dc/Ac, Circle-4, Patna Geeta Mansion, Gujral Path Vs Nalapar, P.O. Keshrinagar Rajivnagar Patna - 800024 [Pan : Algps9902G] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somil Agarwal, C.A. Revenue By : Shri Sushil Kumar Mishra, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/05/2024 घोषणा क" तारीख/Date Of Pronouncement : 24/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Preferred By The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dated 05/08/2021, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2018-19. 2. The Sole Issue Involved In This Appeal Is Regarding The Disallowance U/S 36(1)(Va) Of The Act On Account Of Delayed Payment Of Employees’ Contribution To Pf & Esi Of Rs.1,80,45,483/-, Made By The Ld. Assessing Officer As Confirmed By The Ld. Cit(A). 3. We Have Heard Rival Contentions & Perused The Material Placed Before Us. The Sole Issue Involved In This Appeal Is Relating To The Disallowance Of Rs. 1,80,45,483/- Made By The Assessing Officer/Cpc U/S 36(1)(Va) Of The Act, On Account Of Delay In Deposit Of Employees’ Contribution To Pf & Esi. It Remains An Admitted Fact

disallowance of Rs. 1,80,45,483/- made by the Assessing Officer/CPC u/s 36(1)(va) of the Act, on account of delay in deposit of employees’ contribution to PF & ESI. It remains an admitted fact I.T.A. No. 72/Pat/2021 Assessment Year: 2018-19 Ajit Kumar Singh 2 that the same has been deposited after the due date prescribed under

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

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Sri Rajpal Yadav & Dr. Manish Borad

section 36(viia) of the I.T. Act whereas the entire bad debt is an allowable deduction. 11. For that the Ld. CIT(A) has erred in upholding addition of Rs.2,88,460/- on the ground that the same is on account of income tax. 12. For that the disallowance of Rs. 1

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

In the result, both the appeals filed by the assessee are allowed for statistical purposes

Bench: Sri Rajpal Yadav & Dr. Manish Borad

section 36(viia) of the I.T. Act whereas the entire bad debt is an allowable deduction. 11. For that the Ld. CIT(A) has erred in upholding addition of Rs.2,88,460/- on the ground that the same is on account of income tax. 12. For that the disallowance of Rs. 1

UTTAR BIHAR GRAMIN BANK,MUZAFFARPUR vs. DC/AC CIRCLE-2, MUZAFFARPUR

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.186/Pat/2025 Assessment Year: 2016-17 Uttar Bihar Gramin Bank……….....…..…………………....Appellant Sharma Complex, Ramna Kalambagh Chowk, Muzaffarpur, Bihar – 842002. [Pan: Aaaju0238J] Vs. Dc/Ac, Circle-2, Muzaffarpur.……….…............................…..…..... Respondent Appearances By: Shri Sanjeev Kr. Anwar, Advocate, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : July 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Patna ["Cit(A)"] For The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Declaring A Total Loss Of Rs.47,24,77,982. The Case Was Selected For Scrutiny Under Compulsory Manual Selection Criteria During The Financial Year 2017-18. Accordingly, Statutory Notices Under Sections 143(2) & 142(1) Of The Income-Tax Act, 1961 ("The Act") Were Issued & Duly Served Upon The Assessee. In Response, The Assessee Appeared & Made Certain Submissions. However, The Assessing Officer Made The Following Additions/Disallowances: Rs.16,84,20,016: Provision For Npa.

Disallowed contribution towards Provident Fund under section 36(1)(va) as not deposited before the due date. After the above

GANESH KUMAR KHEMKA,PATNA vs. ITO, WARD- 4(3), PATNA

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

Bench: Shri Duvvuru Rl Reddy, Vice- & Shri Sanjay Awasthii.T.A. No.237/Pat/2024 Assessment Year: 2011-12 Ganesh Kumar Khemka..…………………...........................……….……Appellant B/46, Saraswati Apartment, S.P. Verma Road, Patna, Bihar – 800001. [Pan: Agwpk1726D] Vs. Ito, Ward-4(3), Patna…....……...…………………………………....…..Respondent

section 36(1)(iii) of the Act and disallowed this amount. The second addition amounting to Rs.3,55,95,280/- has been

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]

disallowable u/s 36(1)(viia) in earlier years. 15. For that the amount credited to profit & loss account as provisions written back consist of the aid provided by the Central and State Government in lieu of the irrecoverable debt. This amount, though credited in profit & loss account, is actually a capital receipt, not liable to tax under the Income