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16 results for “section 68”+ Section 145(2)clear

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Key Topics

Section 143(3)25Addition to Income15Section 6812Section 1478Section 145(3)7Section 2637Section 2505Section 143(2)5Section 235Cash Deposit

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

ITA 25/PAT/2019[2010-11]Status: DisposedITAT Patna09 Aug 2019AY 2010-11

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.

For Appellant: Shri A.K.Rastogi & Rakesh Kumar, ARsFor Respondent: Shri Indrajeet Singh, DR
Section 133(6)Section 143(2)Section 143(3)Section 147Section 148(1)Section 68
3
Demonetization3
Unexplained Cash Credit3

2,487.00 Profit after I.Tax 57,204.00 4,903 Profit/Losses brought forward from last year 4,903.00 - Balance Carried to Balance Sheet 62,107.00 4,903.00 Notes on Accounts No latest financial statements and income tax return have been produced. The creditworthiness of the investing company could not be proved by the assessee company

BALKRISHNA BHALOTIA CONSTRUCTION PRIVATE LIMITED,JAMUI vs. PCIT CENTRAL, PATNA

In the result, the appeal of the assessee is allowed

ITA 123/PAT/2023[2018-19]Status: DisposedITAT Patna17 Apr 2024AY 2018-19

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

Section 133ASection 142(1)Section 143(2)Section 263

68,330/-. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) was issued and served upon the assessee on 23.09.2019. It is pertinent to observe that a survey under section 133A of the Income Tax Act was carried out at the business premises of the assessee on 14.09.2017. 2 Assessment

PARAS NATH GUPTA,RAMNA ROAD , GAYA vs. ASSISTANT COMMISSIONER OF INCOME TAX, DC/AC CIRCLE-I

In the result, the appeal filed by the assessee is partly allowed in\nview of the above directions

ITA 345/PAT/2024[2017-2018]Status: DisposedITAT Patna04 Apr 2025AY 2017-2018
Section 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250

sections": ["145(3)", "143(2)", "142(1)", "143(3)", "68", "144"], "issues": "Rejection of books of account by AO and estimation

ACIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 94/PAT/2020[2012-13]Status: HeardITAT Patna07 Nov 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

68 cannot be invoked. Accordingly we set aside the order of Ld. CIT(A) and direct the AO to delete the addition. Accordingly the appeal of the assessee is allowed. ITA No. 98/Pat/2021 for AY 2016-17 23. The issue raised in ground no. 1 and 2 by the revenue is against the order of Ld. CIT(A) allowing

KUMAR ARUNODAYA,PATNA vs. ASSISTANT COMMISSIONER OF INCOME TAX - 6, PATNA [NEW – DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, PATNA], PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 96/PAT/2021[2016-17]Status: HeardITAT Patna07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

68 cannot be invoked. Accordingly we set aside the order of Ld. CIT(A) and direct the AO to delete the addition. Accordingly the appeal of the assessee is allowed. ITA No. 98/Pat/2021 for AY 2016-17 23. The issue raised in ground no. 1 and 2 by the revenue is against the order of Ld. CIT(A) allowing

ACIT, CENTRAL CIRCLE-2, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 98/PAT/2021[2016-17]Status: HeardITAT Patna07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

68 cannot be invoked. Accordingly we set aside the order of Ld. CIT(A) and direct the AO to delete the addition. Accordingly the appeal of the assessee is allowed. ITA No. 98/Pat/2021 for AY 2016-17 23. The issue raised in ground no. 1 and 2 by the revenue is against the order of Ld. CIT(A) allowing

KUMAR ARUNOSAYA,PATNA vs. A.O., CIRCLE-6, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 33/PAT/2020[2013-14]Status: HeardITAT Patna07 Nov 2023AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

68 cannot be invoked. Accordingly we set aside the order of Ld. CIT(A) and direct the AO to delete the addition. Accordingly the appeal of the assessee is allowed. ITA No. 98/Pat/2021 for AY 2016-17 23. The issue raised in ground no. 1 and 2 by the revenue is against the order of Ld. CIT(A) allowing

DCIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 89/PAT/2020[2012-13]Status: HeardITAT Patna07 Nov 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

68 cannot be invoked. Accordingly we set aside the order of Ld. CIT(A) and direct the AO to delete the addition. Accordingly the appeal of the assessee is allowed. ITA No. 98/Pat/2021 for AY 2016-17 23. The issue raised in ground no. 1 and 2 by the revenue is against the order of Ld. CIT(A) allowing

I.T.O. vs. M/S KUMAR CONSTRUCLTION,

In the result, the appeal of the Revenue is partly allowed

ITA 10/PAT/2015[2009-10]Status: DisposedITAT Patna17 Oct 2023AY 2009-10

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

Section 142(1)Section 143(2)Section 271(1)(b)Section 40A(3)

145. (1) Income chargeable under the head "Profits and gains of business or profession" or "Income from other sources" shall, subject to the provisions of sub-section (2), be computed in accordance with either 11 Assessment Year: 2009-2010 M/s. Kumar Construction cash or mercantile system of accounting regularly employed by the assessee. (2) The Central Government may notify

PUNRASAR JUTE PARK LIMITED,PURNEA vs. CIT, PURNEA

In the result, the appeal of the assessee is allowed

ITA 432/PAT/2024[2015-16]Status: DisposedITAT Patna05 Sept 2024AY 2015-16

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

Section 133(6)Section 142(1)Section 142(2)Section 143(1)Section 143(3)Section 147Section 148

145 of the Act on 31.03.2022 making addition of Rs.3,00,00,000/- under section 68 of the Act for alleged unexplained cash credit. 6. The assessee challenged the reopening being bad in law and illegal before the ld. CIT(Appeals) stating that all the information relating to the alleged cash credits have been examined by the ld. Assessing

JAINAM ORNAMENT PRIVATE LIMITED,GAYA vs. INCOME TAX OFFICER, GAYA

In the result, the appeal of the assessee is allowed

ITA 284/PAT/2025[2017-18]Status: DisposedITAT Patna26 Feb 2026AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Jainam Ornament Private Limited Income Tax Officer, Chowk, Gaya, Gaya, Gaya, Bihar Vs. Bihar-823001 (Appellant) (Respondent) Pan No. Aadcj2187M Assessee By : Shri Manish Rastogi, Ar Revenue By : Shri Ashwani Kr. Singal, Dr Date Of Hearing: 28.11.2025 Date Of Pronouncement: 26.02.2026

For Appellant: Shri Manish Rastogi, ARFor Respondent: Shri Ashwani Kr. Singal, DR
Section 145(3)Section 68

2,05,58,315/- on 08.11.2016 of ₹53,40,281/-, which was cash sales on 21.10.2016, and the same was deemed as unexplained cash credit and added to the income of the assessee by rejecting the books of accounts. Jainam Ornament Private Limited; A.Y. 2017-18 4. The ld. CIT (A) in the appellate proceedings, confirmed the addition made

CHUNNI LAL RAMESHWAR LAL,STATION ROAD SUPAUL vs. ITO WARD 3(5)SAHARSA, SAHARSA

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

ITA 274/PAT/2024[2017-18]Status: DisposedITAT Patna27 Nov 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthi

Section 115BSection 143(3)Section 145(3)Section 250Section 68

68 read with section 115BBE of the I. T . Act 1961 . 3. The Learned AO has erred in making addition of Rs. 3,81,665/-in total income of the appellant by estimating Gross profit @ 3.72% on of Rs 10259825/- alleging 2 Chunni Lal Rameshwar Lal. AY 2017-18 excess credits

DINESH PRASAD,GAYA vs. ITO, WRD- 3 (1), GAYA

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

ITA 352/PAT/2025[2017-18]Status: DisposedITAT Patna07 Oct 2025AY 2017-18

Bench: Ms. Madhumita Roy & Shri Rakesh Mishra

Section 115BSection 133(6)Section 144Section 145Section 250Section 68

68 amounting to Rs.53,52,000/- is contrary to the mandatory provisions of the Act. 7. For that the Ld. CIT(A), NFAC has erred in affirming the invocation of section 115BBE in respect of addition of Rs.53,52,000/- despite the fact that the source of deposit stands fully explained to have come out of business transaction

M/S KUMAR CONSTRUCTION,CHAPRA vs. DCIT, CICLE-2, MUZAFFAPUR

In the result, the appeal of the assessee is allowed

ITA 200/PAT/2014[2005-06]Status: DisposedITAT Patna21 Sept 2022AY 2005-06

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleita Nos.200/Pat/2014 Assessment Year: 2005-06 M/S. Kumar Construction Dcit, Circle-2, Muzaffarpur P.O. Dumri Adda, P.S. Vs. Doriganj, Dist. Chapra. Pan: Aajfm 7295 G (Appellant) (Respondent) Present For: Appellant By : Smt. Archana Sharma, Ca Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 28.06.2022 Date Of Pronouncement : 22.09.2022 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Preferred By The Assessee For The A.Y. 2005-06 Is Directed Against The Order Passed U/S 143(3) Of The Income-Tax Act, 1961 Passed By Osd, Cit(A) Dated 26.06.2014. The Assessee Has Taken The Following Revised Ground Of Appeal For A.Y. 2005-06 As Under: “I. The Ld. Assessing Officer Has Assessed Profit @ 8% Of Total Gross Receipts Amount To Rs. 2,40,85,620/- Amounting To Rs. 19,26,850/- & Added Back To Assessee’S Income While Computation Of Tax. Ii. Capital Introduced By 6 Partner’S Amounting To Rs. 12,20,000/- Has Been Outrightly Rejected By Ao & Added Back To Assessees Income While Computation Of Tax. Iii. The Respondent Have Rejected The Books Of Accounts Invoking The Provision Of Section 145(3) & Rejecting The Books Of Accounts Regularly Maintained & Holding That The Audited Books Of Accounts Were Not Absolutely Reliable. So, We Pray For Consider The Revised Grounds Stated Above & Grant Relief For Assessee’S Income @ 6% Of The Total Receipts Of Rs. 2,40,85,620/-.”

For Appellant: Smt. Archana Sharma, CAFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(3)Section 145(3)

section 145(3) and holding that the audited books of accounts were not absolutely reliable. As such the impugned order passed by the ld. CIT(A) is bad in law and unjustified, moreover, excessive under the facts and circumstances of the case, therefore, liable to be set aside. She further submitted that since the assessee is engaged in civil

ACIT, CIRCLE-4(1), PATNA vs. MUNNI RAI, PATNA

ITA 269/PAT/2018[2008-09]Status: DisposedITAT Patna16 Jan 2025AY 2008-09

Bench: Itat.

Section 143(3)Section 250Section 263Section 68

68 of the Act was uncalled for and therefore, rightly directed to be deleted. The Ld. AR also argued on the legality of the action of Ld. CIT(A) in adjudicating on the issue of addition of Rs. 3,44,45,828/- even though it did not arise from the Ld. AO’s order dated 25.02.2016, in as much

ITO, WARD-3(1), GAYA vs. SHRI GAURI TEXTILES INDUSTRIES, GAYA

In the result, the appeal filed by the revenue is dismissed and corresponding cross-objection filed by the assessee is allowed

ITA 118/PAT/2020[2017-18]Status: DisposedITAT Patna18 Mar 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.118/Pat/2020 Assessment Year: 2017-18 Ito, Ward-3(1), Gaya…………….………………………………….…..……Appellant Vs. Shri Gauri Textile Industries, Gaya…………...........……........……...…..…..Respondent Buniadgaj Manpur, Gaya, Bihar-823003. [Pan: Aalfs4803J] C.O. No.5/Pat/2021 (Arising Out Of I.T.A. No.118/Pat/2020) Assessment Year: 2017-18 Shri Gauri Textile Industries, Gaya ……………….………………..….…..Cross-Objector Buniadgaj Manpur, Gaya, Bihar-823003. [Pan: Aalfs4803J] Vs. Ito, Ward-3(1), Gaya………….................................……........……....…..…..Respondent Appearances By: Shri Manish Rastogi, Advocate, Appeared On Behalf Of The Assessee. Shri Ashok Kumar, Cit, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : January 30, 2025 Date Of Pronouncing The Order : March 18, 2025 Order Per Sonjoy Sarma: The Revenue Has Filed An Appeal Against The Order Dated 31.08.2020 By The Commissioner Of Income Tax (Appeals)-1, Patna [Hereinafter Referred To As The ‘Cit(A)’] & The Assessee Has Filed The Corresponding Cross-Objection Relating To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That A Survey Was Conducted On 07.02.2017 In The Case Of The Assessee, A Partnership Firm Engaged In Trading Business Of Cotton Yarn & Hosiery Yarn. During The Survey, It Was Observed That The Assessee Has Made Substantial Deposits In Various Bank Accounts Linked With The Firm. However, The Assessee Disclosed

Section 143(2)

68,259/-based on such purchase and sale. He has then added the same to the closing stock of Rs.1,69,38,752/- as per the provisional trading and profit and loss account drawn during the course of survey. Thus the A.O. has projected a closing stock of Rs.1,78,07,011/- and after deducting Rs.82,08,143/- which