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

56,405/- paid directly 0c$& the supplier, the remand report of the A.O. does not comment about the payment made in excess of Rs.20,000/-. The A.O. has mentioned in the remand report that no bills was produced for payment made to various persons for daily expenditure. (iii) As regards the disallowance of expenses u/s 40(a)(ia) the remand

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

iii) Whether on the facts and circumstances of the case, the Ld. CIT(A), NFAC was justified in saying that the AO would have rejected the books of account by invoking the provisions of section 145 of the Act before making the disallowance as after rejection of books of account no addition can be made on account of disallowance. Closing

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,740/-. However, the Id. AO has applied the provisions of section 44ADA of the Act, observing that assessee needs to declare 50% of the professional receipts is I.T.A. Nos. 17 to 23/Pat/2023 Assessment Years: 2013-14 to 2019-20 Sunita Kumari I.T.A. No. 25/Pat/2023 Assessment Year: 2016-17 I.T.A. No. 26/Pat/2023 Assessment Year: 2018-19 I.T.A. No. 27/Pat/2023 Assessment

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)

56,430/- . The case of the assessee was selected for scrutiny under CASS and notice u/s 143(2) of the Act dated 22.09.2019 was issued to the assessee. Subsequently, other statutory notices were issued to the assessee. During the course of assessment proceedings, it was observed from Form No. 3CD report, at 20(b) an amount

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

2. The Revenue is in appeal before the Tribunal raising the following grounds of appeal: “i) On the facts and in the circumstances of the case, the Ld. CIT(A) erred in law by deleting the disallowance of Rs. 43,67,25,641/- made by the AO u/s 36(1)(viia) on account of provision for Bad and Doubtful Debts

ITO, WARD-2(1), PATNA vs. M/S SUN COMTECH PVT LTD, PATNA

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

Bench: Shri George Mathan & Shri Rakesh Mishra

iii) is relating to the case being covered under the exceptional clause of the CBDT Circular for filing further appeal. The Ld. AO noted that information had been received from the Investigation Directorate, Kolkata regarding systematic evasion of tax by various clients/members of National Multi Commodity Exchange (in short ‘NMCE’) along with a report detailing modus operandi adopted for misusing

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, PATNA, PATNA vs. YASHI FILMS PRIVATE LIMITED, PATNA

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

iii) Whether on the facts and circumstances of the case, the Ld. CIT(A) has erred in allowing the appeal, in spite of that the assessee was provided ample opportunities to file details and documents related to expenditure of Rs. 8,30,23,893/- during assessment proceedings but the assessee has failed this golden opportunities and submit additional evidences before

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

iii) Copy of audited Balance Sheet and Profit & Loss 33-49 account along with its schedule. (iv) Copy of 26AS. 50-55 (v) Copy of payment certificate. 56-66 (vi) Copy of agreement between the appellant and Bihar 67-73 Rajya Jal Parishad through its Executive Engineer. (vii) Copy of the form-10CCB along with e-filing 74-81 acknowledgment

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

iii) Copy of audited Balance Sheet and Profit & Loss 33-49 account along with its schedule. (iv) Copy of 26AS. 50-55 (v) Copy of payment certificate. 56-66 (vi) Copy of agreement between the appellant and Bihar 67-73 Rajya Jal Parishad through its Executive Engineer. (vii) Copy of the form-10CCB along with e-filing 74-81 acknowledgment

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

iii) Copy of audited Balance Sheet and Profit & Loss 33-49 account along with its schedule. (iv) Copy of 26AS. 50-55 (v) Copy of payment certificate. 56-66 (vi) Copy of agreement between the appellant and Bihar 67-73 Rajya Jal Parishad through its Executive Engineer. (vii) Copy of the form-10CCB along with e-filing 74-81 acknowledgment