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

v. CIT [2022]\n448 ITR 518 (SC) case, there was considerable judicial debate on whether delayed employee\ncontributions to PF and ESI could be allowed as deductions under Section 43B, provided\nthey were paid before the due date of filing the return of income (ROI). In Checkmate\nServices case (supra) the Supreme Court provided much needed clarity on the interpretation

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

section 36(1)(viia) does not make any distinction between PA or NPA. The provision is allowable to the extent of total allowable limit i.e. Rs. 311.52 crores. Since, only Rs. 57.80 crore has been allowed as provision for NPA, this claim of Rs. 1.74 crore should be further allowed. In this case of Delhi High Court has accepted

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

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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)

v. Net income returned from as per column Net income is Rs. 1824989.00 no. A III 2 of the ROI 90475.00 vi. Interest on savings bank 991.00 vii. Total sources of receipts including 4266270.00 receipts from supply of medical goods and interbank transactions. viii. Total sources of receipts including net 2531756.00 receipts from supply of medical goods. I.T.A

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

disallowing the claim of deduction u/ s BOIC of the act.” 5. Aggrieved, assessee is now in appeal before this Tribunal. 6. Ld. Counsel for the assessee submitted that the issue is no longer res integra that assembling of goods is also held to be a manufacturing activity because it gives rise to a new product with a new name

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

disallowing the claim of deduction u/ s BOIC of the act.” 5. Aggrieved, assessee is now in appeal before this Tribunal. 6. Ld. Counsel for the assessee submitted that the issue is no longer res integra that assembling of goods is also held to be a manufacturing activity because it gives rise to a new product with a new name

DCIT(EXEMPTION) CIRCLE, PATNA vs. M/S DEO MANGAL MEMORIAL TRUST, PATNA

In the result, these appeals filed by the Revenue are allowed for statistical purposes

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

v) Other receipts – Rs. 12,24,776.25 Furthermore, the Ld. AO found that the receipts from pharmacy exceeded the tolerance limit of 20% as per the proviso to section 2(15) of the Act. It is seen that there is also a supporting finding that considerable expenses have been claimed under the following heads, which have been debited as under

DCIT(EXEMPTION) CIRCLE, PATNA vs. M/S DEO MANGAL MEMORIAL TRUST, PATNA

In the result, these appeals filed by the Revenue are allowed for statistical purposes

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

v) Other receipts – Rs. 12,24,776.25 Furthermore, the Ld. AO found that the receipts from pharmacy exceeded the tolerance limit of 20% as per the proviso to section 2(15) of the Act. It is seen that there is also a supporting finding that considerable expenses have been claimed under the following heads, which have been debited as under

DCIT(EXEMPTION) CIRCLE, PATNA vs. M/S DEO MANGAL MEMORIAL TRUST, PATNA

In the result, these appeals filed by the Revenue are allowed for statistical purposes

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

v) Other receipts – Rs. 12,24,776.25 Furthermore, the Ld. AO found that the receipts from pharmacy exceeded the tolerance limit of 20% as per the proviso to section 2(15) of the Act. It is seen that there is also a supporting finding that considerable expenses have been claimed under the following heads, which have been debited as under