SONAM RAJ,NEW DELHI vs. ITO, WARD-6(2), PATNA

In the result, both the appeals are treated as allowed for statistical purposes

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.02/Pat/2022 Assessment Years: 2015-16 Vibhuti Bhushan Sinha………………………….....…...……………....Appellant C-601, Shivam Apartment, Virmeshwar Nagar, Dwarka, Gujrat-361335. [Pan: Aigps7118D] Vs. Ito, Ward-6(2), Patna…..….................................................…..…..... Respondent I.T.A. No.03/Pat/2022 Assessment Years: 2016-17 Sonam Raj…………..………………………….....…...……………....Appellant W/O Shri Deepak Verma, 2Nd Floor, House No.101, Pocket-52, Chittaranjan Park, New Delhi – 110019. [Pan: Dfsps6397E] Vs. Ito, Ward-6(2), Patna…..….................................................…..…..... Respondent Appearances By: Shri Sudipta Sannigrahi, Ca, Appeared On Behalf Of The Appellant. Shri Sushil Kr. Mishra, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 28, 2024 Date Of Pronouncing The Order : August 12, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By Two Different Assessees Against The Separate Orders Dated 30.04.2021 & 01.03.2021 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To

55% of and area on on the date of agreement of JDA when no construction is possible on the land of the appellant by the developer. Until & unless the Conditions of registered IDA is fulfilled before getting any permission of local authority by approval on map of the building on the land by the developer including licence to entered

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

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 of the condition precedent for such invocation. The learned Assessing

ARUN CONSTRUCTION,BHAGALPUR vs. ACIT, CIRCLE-1, BHAGALPUR

In the result, all the appeals (ITA Nos

b) is fit to be allowed. The disallowance as made is arbitrary and unjust. In any case, the disallowances as made are fit to be deleted. (iv) For that in the facts and circumstances of the case, the learned Assessing Officer is not justified in charging interest u/s 234A at Rs. 69,5861-, 234B at Rs. 29,94~/-, 234D

ARUN CONSTRUCTION,BHAGALPUR vs. ACIT, CIRCLE-1, BHAGALPUR

In the result, all the appeals (ITA Nos

b) is fit to be allowed. The disallowance as made is arbitrary and unjust. In any case, the disallowances as made are fit to be deleted. (iv) For that in the facts and circumstances of the case, the learned Assessing Officer is not justified in charging interest u/s 234A at Rs. 69,5861-, 234B at Rs. 29,94~/-, 234D

BIJAY KUMAR SARAF,DALDALI BAZAR, MUZAFFARPUR vs. DC/AC CIRCLE 1,MUZFFARPUR, IT-OFFICE, POLICE LINE, SIKANDERPUR MUZZAFFARPUR

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

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

2. For that the grounds of appeals are without prejudice to one another. 3. For that the learned commissioner of income tax (Appeals) had erred in consideration of the fact and the law that the notice u/s 148 of the act had been served to the appellant on 07:38 AM on 01.04.2022 which is barred by the limitations

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

B. Wadkar, Asst. CIT reported in 268 ITR 332. In view of the above discussion, the reasons pointed out by the Assessing Officer cannot be said to be the reasons "to form the belief" that income of the assessee had escaped assessment. Therefore, the reopening of assessment in this case is bad in law and consequential assessment order

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

B. Wadkar, Asst. CIT reported in 268 ITR 332. In view of the above discussion, the reasons pointed out by the Assessing Officer cannot be said to be the reasons "to form the belief" that income of the assessee had escaped assessment. Therefore, the reopening of assessment in this case is bad in law and consequential assessment order

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

B. Wadkar, Asst. CIT reported in 268 ITR 332. In view of the above discussion, the reasons pointed out by the Assessing Officer cannot be said to be the reasons "to form the belief" that income of the assessee had escaped assessment. Therefore, the reopening of assessment in this case is bad in law and consequential assessment order

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

B. Wadkar, Asst. CIT reported in 268 ITR 332. In view of the above discussion, the reasons pointed out by the Assessing Officer cannot be said to be the reasons "to form the belief" that income of the assessee had escaped assessment. Therefore, the reopening of assessment in this case is bad in law and consequential assessment order

AMAR KASERA (HUF),PATNA vs. ACIT CENTRAL CIRCLE-1, PATNA

In the result, all the captioned appeals of the assessee stand allowed

Bench: Sri Sanjay Garg & Shri Sanjay Awasthi

B. Wadkar, Asst. CIT reported in 268 ITR 332. In view of the above discussion, the reasons pointed out by the Assessing Officer cannot be said to be the reasons "to form the belief" that income of the assessee had escaped assessment. Therefore, the reopening of assessment in this case is bad in law and consequential assessment order

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

55 PM SELL 5 113.20 5000 2830000.00 1 ZINC FUTURES 21/03/201104:00:15 PM SELL 5 113.20 5000 2830000.00 1 ZINC FUTURES 21/03/201104:01:03 PM SELL 5 113.20 5000 2830000.00 1 ZINC FUTURES 21/03/2011 04:02:17 PM SELL 5 113.20 5000 2830000.00 2 ZINC FUTURES 21/03/2011 04:02:35 PM SELL 4 113.20 5000 2264000.00 1 ZINC FUTURES

PATNA IRON PVT. LTD.,PATNA vs. ACIT, CENTRAL CIRCLE-2, PATNA

In the result, the appeals of the assessee are allowed and appeal of\nthe Revenue is dismissed

reassessment under sections 148 &\n147/148. In defense of his argument, the Id. AR relied on the\ndecision of the coordinate bench in case of DCIT vs Shivali Mahajan\nin ITA No. 5585/DEL/2015 vide order dated 19.03.2019.\n\n6.\nThe Id. DR on the other hand, relied heavily on the order of Id. AO\nand