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10 results for “reassessment”+ Section 234B(3)clear

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Key Topics

Section 14711Section 14411Section 25010Section 69A7Addition to Income7Section 1486Section 234A5Section 143(2)4Section 142(1)4Limitation/Time-bar

ACIT, CENTRAL CIRCLE-1, PATNA vs. SONAMOTI AGROTECH PVT LTD, PATNA

ITA 110/PAT/2019[2012-13]Status: DisposedITAT Patna23 Feb 2023AY 2012-13

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

Section 132Section 143(2)Section 153ASection 68

234B and 234C of the Act. As this ground is consequential in nature, the same do not require separate adjudication. 6. Ground No. 3 to 6: These grounds are general in nature and hence not adjudicated. 7 In the result the appeal for A.Y.2008-09 is allowed”. 14 Assessment Year: 2012-2013 & C.O. No. 04/PAT/2022 (in ITA No. 110/PAT/2019) Assessment Year

PATNA SMART CITY LIMITED,PATNA vs. INCOME TAX OFFICER, PTN-W-(21)(91), PATNA

In the result, the appeal of the appellant is dismissed

ITA 314/PAT/2025[2022-23]Status: Disposed
4
Condonation of Delay4
Penalty4
ITAT Patna
18 Nov 2025
AY 2022-23

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 2(45)Section 234BSection 250

234B and 234 C the Act. 10. For that in any view of the matter the order of the learned assessing officer making additions in the manner aforesaid without proper consideration is bad in law and is merit to be set aside. 11. For that other various reasons which may be as under time of hearing” 3. Brief facts

DOLLY GHOSH,BHAGALPUR vs. ACIT CENTRAL CIRCLE 1 PATNA, PATNA

In the result, the appeal of the assessee is allowed

ITA 182/PAT/2022[2012-13]Status: DisposedITAT Patna08 Oct 2024AY 2012-13

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

Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 234ASection 269SSection 269TSection 271DSection 271E

234B, 234C). Issue demand notice and penalty proceedings are initiated u/s. 271D & u/s. 27IE”. 5. Dissatisfied with this reopening, the assessee carried the matter in appeal before the ld. CIT(Appeals). The ld. CIT(Appeals) dismissed the appeal by observing that since 4 Assessment Year: 2012-2013 Dolly Ghosh no addition has been made to the total income

LALMUNI DEVI,PATNA vs. ITO, PATNA

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

ITA 18/PAT/2025[2013-14]Status: DisposedITAT Patna18 Nov 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 133(6)Section 144Section 147Section 148Section 234ASection 234BSection 250Section 48Section 50CSection 55

Section 234B. Since there was long term 5 capital loss so interest u/s 234B should not be levied” 3. Brief facts of the case are that the assessee is an individual and had not filed any return of income for the year under consideration despite entering into and registering a Land Development Agreement with House-Con Consultant & Developer during

NITESH DUTT JHA,MADHUBANI vs. ITO, WARD- 3 (5), MADHUBANI

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

ITA 351/PAT/2025[2017-18]Status: DisposedITAT Patna07 Oct 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Rakesh Mishra

Section 142(1)Section 144Section 144(1)Section 250Section 69A

reassessment invalid. (7) Similarly, the Supreme Court in CIT vs. Thayaballi Mullajeevaji Kapasi (1967) 66 ITR 147 (SC) held that improper service of notice invalidates the entire proceedings. In Dr. K.C. Verma v. UOI (2017) 395 ITR 301 (All.), the Allahabad High Court reiterated that service of notice of scrutiny assessment under Section 143(3) is mandatory, and without valid

SAROJ DEVI,PATNA vs. ITO, WARD- 6 (4), PATNA

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

ITA 242/PAT/2025[2016-17]Status: DisposedITAT Patna29 Sept 2025AY 2016-17

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 250

3. For that the learned JCIT, Range-6, Patna has not applied his judicial mind before according sanction u/s 151. The approval has been granted for reopening of the assessment in a mechanical manner and without due application of judicial mind. The reassessment proceedings initiated by the AO on basis of mechanical approval is arbitrary, unjustified

ARCHANA,PATNA vs. ITO, WARD- 4 (1), PATNA

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

ITA 338/PAT/2023[2013-14]Status: DisposedITAT Patna07 Jan 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(2)Section 144Section 147Section 250Section 69A

reassessment proceeding has been initiated for making roving and fishing enquiry. The order of assessment as sustained u/s 147 rws 144 rws 144B is arbitrary, unjustified, without jurisdiction, void ab-initio, bad in law, vitiated in law and invalid. The order as passed u/s 147 is fit to be quashed / cancel / annulled. 1.2 For that the order of the assessment

SHARDINDU PRASAD SINGH,PATNA vs. ITO, WARD-6(4), PATNA

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

ITA 630/PAT/2024[2016-17]Status: DisposedITAT Patna15 Oct 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 250Section 271(1)(c)

234B & 234C of the Income Tax Act, 1961. b. The other grounds of appeal here under are urged without prejudice to one another: 1. On the facts & circumstances of the case, the order of the learned Assessing Officer is without jurisdiction and is void ab-initio as he has erred in initiating proceedings u/s 147 148 without existence

AJAY KUMAR,SARAN, BIHAR vs. ITO, CHAPRA

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

ITA 402/PAT/2024[2017-18]Status: DisposedITAT Patna08 Oct 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 133(6)Section 142(1)Section 144Section 234ASection 250Section 270ASection 271ASection 44ASection 69A

234B is unsustainable in law being mechanical and without the sanction of law. 8. For that, the initiation of penalty proceedings u/s 271AAC of the I.T Act, 1961 is wholly arbitrary and unjustified. 9. For that, the initiation of penalty proceedings u/s 270A of the I.T Act, 1961 is wholly arbitrary and unjustified. 10. For that, the appellant craves

RAJESH KUMAR,PATNA vs. ITO, WARD- 3 (2), GAYA

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

ITA 171/PAT/2025[2018-19]Status: DisposedITAT Patna18 Sept 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 147Section 234ASection 250Section 271FSection 69A

234B amounting to Rs.47,71,305/- and Rs.52,05,060/- respectively. 8. For that the appellant may not be treated as assessee in default in respect of the disputed demand including interest amounting to Rs.1,86,61,540/-. 9. For that the appellant reserves its right to furnish detailed written submission along with evidences and documents on or before