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13 results for “section 68”+ Section 251clear

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Key Topics

Section 6813Section 25011Addition to Income10Section 1488Section 1447Cash Deposit6Demonetization6Section 143(2)5Section 142(1)5Section 69A

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
5
Section 1474
Limitation/Time-bar4

section 68 of the Act is to establish identity of the creditor. capacity of the creditor and genuineness of the transaction to the satisfaction of the AO which is discharged if the assessee proves these three ingredients. The Hon'ble High Court Kolkata in CIT Vs. Korlay Trading Co. Ltd. (1998) 232 ITR 820 (Cal) has held that mere

SURYADEO PRASAD,SIWAN vs. ITO WARD-2 (3), SIWAN

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

ITA 82/PAT/2023[2017-18]Status: DisposedITAT Patna07 Jan 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 142(1)Section 144Section 250Section 44ASection 69A

68,200/- made during the demonetization period as unexplained income u/s 69A and passed the assessment order u/s 144 dated 30.10.2019. Page 2 of 8 I.T.A. No.: 82/PAT/2023 Assessment Year: 2017-18 Suryadeo Prasad. 4. We have heard the rival contentions and very perused the record and the submissions made were also examined. We find that

ACIT, CENTRAL CIRCLE-2, PATNA vs. M/S CONTESSA COMMERCIAL CO. PVT LTD, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 72/PAT/2020[2017-18]Status: DisposedITAT Patna17 Oct 2023AY 2017-18

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

Section 142(1)Section 143(2)Section 68

68 on account of unexplained credit. 3. Brief facts of the case are that the assessee has filed its return of income on 04.11.2017 declaring total income ‘NIL’ and current year loss of Rs.60,00,834/-. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) was issued on 14.08.2018 fixing

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)

251(l)(a). The declaration of law is dear that the power of the AAC is co-terminous with that of the ITO, if that be so, there appears to be no reason as to why the appellate authority cannot modify the assessment order on an additional ground even if not raised before the ITO. No exception could be taken

BIRJU KUMAR,VAISHALI vs. ITO, WARD- 1 (3), VAISHALI

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

ITA 333/PAT/2025[2017-18]Status: DisposedITAT Patna27 Nov 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 144Section 250Section 251(1)(a)Section 68

68 of the Act, which is wrong, illegal and unjustified. 4. For that the learned NFAC has erred in the facts and circumstances of the case in not resorting to the newly inserted section 251

M/S MARUTI NANDAN FOOD PRODUCTS PVT LTD,PATNA vs. ITO, WARD- 2(1), PATNA

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

ITA 124/PAT/2017[2013-14]Status: DisposedITAT Patna28 Feb 2023AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2013-14

For Appellant: Shri Dinesh Kumar, CAFor Respondent: Smt. Rinku Singh, CIT, DR
Section 142(1)Section 143(3)Section 271(1)(b)Section 68

section 68 of the Act to establish the identity and creditworthiness of the loan creditors as well as the genuineness of the transactions. For this, in the interest of justice and fair play, we find it proper to remit the matter back to the file of Ld. CIT(A) for de novo adjudication by considering the material placed

SHANKAR,PATNA vs. INCOME TAX OFFICER WARD- 6 (1), PATNA

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

ITA 159/PAT/2025[2017-18]Status: DisposedITAT Patna02 Dec 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(2)Section 250

68 of the Act and charged to tax under section 115BBE of the Act and the total income was assessed at ₹15,85,575/-. Before the ld. CIT(Appeals), there was no explanation from the assessee to substantiate the grounds of appeal, therefore, the appeal of the assessee was dismissed on account of non-prosecution

RAJBANSH RAM,BHABUA vs. ITO WARD- 3(5), SASARAM

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

ITA 351/PAT/2023[2017-18]Status: DisposedITAT Patna04 Jul 2025AY 2017-18

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 250Section 68

68 of the Act, which is stated to be fit to be reversed on the ground that no valid show cause notice as mandated in section 251

CHANDRAKANTI,SAHARSA, BIHAR vs. ITO, SAHARSA, BIHAR

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 216/PAT/2024[2017-2018]Status: DisposedITAT Patna12 Dec 2024AY 2017-2018

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 216/Pat/2024 (A.Y. 2017-2018) & I.T.A. No. 217/Pat/2024 (A.Y. 2016-2017) Chandrakanti,……………………..……..…………Appellant Shubham Fuels, Salkhuwa, Saharsa-852126, Bihar [Pan:Aeypc7137A] -Vs.- Income Tax Officer,…..……………………….....Respondent Ward-3(4), Saharsa, Bihar Appearances By: N O N E, Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 04, 2024 Date Of Pronouncing The Order: December 12, 2024 O R D E R

Section 115BSection 68

68 of the Act and taxed the same by invoking the provisions of section 115BBE of the Act @ 60% during demonetization period for assessment year 2017- 18. 3. So far as the assessment year 2016-17 is concerned, on perusal of Bank statement of the assessee, the ld. Assessing Officer noticed that the assessee has deposited cash as well

CHANDRAKANTI,SAHARSA, BIHAR vs. ITO, SAHARSA, BIHAR

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 217/PAT/2024[2016-2017]Status: DisposedITAT Patna12 Dec 2024AY 2016-2017

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 216/Pat/2024 (A.Y. 2017-2018) & I.T.A. No. 217/Pat/2024 (A.Y. 2016-2017) Chandrakanti,……………………..……..…………Appellant Shubham Fuels, Salkhuwa, Saharsa-852126, Bihar [Pan:Aeypc7137A] -Vs.- Income Tax Officer,…..……………………….....Respondent Ward-3(4), Saharsa, Bihar Appearances By: N O N E, Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: December 04, 2024 Date Of Pronouncing The Order: December 12, 2024 O R D E R

Section 115BSection 68

68 of the Act and taxed the same by invoking the provisions of section 115BBE of the Act @ 60% during demonetization period for assessment year 2017- 18. 3. So far as the assessment year 2016-17 is concerned, on perusal of Bank statement of the assessee, the ld. Assessing Officer noticed that the assessee has deposited cash as well

RANJEET SINGH,PATNA vs. ITO, WARD- 5 (5), PATNA

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

ITA 304/PAT/2024[2017-18]Status: DisposedITAT Patna17 Mar 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 147Section 148Section 250Section 250(2)Section 69A

68 "it was necessary for the assessee to prove prima facie the Page 8 of 19 I.T.A. No.: 304/PAT/2024 Assessment Year: 2017-18 Ranjeet Singh. identity of creditors, the capacity of such creditors and lastly the genuineness of transactions". 8.4 Similarly, in the case of CIT v. Precision Finance (P.) Ltd [1994] 208 ITR 465 (Cal)], it was observed that

PRERNA AGENCY PRIVATE LIMITED,KOLKATA vs. INCOME TAX OFFICER, WARD 2(2), PATNA

In the result, the appeal of the assessee is allowed

ITA 286/PAT/2023[2017-2018]Status: DisposedITAT Patna17 Feb 2025AY 2017-2018

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

Section 148Section 151Section 250Section 251Section 68

Section 68 of the Act, after giving the benefit of opening cash balance of Rs. 23,22,604/-. 1.2 Before the Ld. CIT(A) also, the assessee could not succeed as the Ld. CIT(A) concluded that before him the same set of facts were presented, as were before the Ld. AO, and hence he dismissed the same

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)

68 days. An application seeking condonation of delay has been filed by the assessee stating as under: “The appellant filed this appeal before the Hon'ble Income Tax Appellate Tribunal, Patna Bench, Patna on 30/10/24 after delay of 69 days. The main I.T.A. No.: 630/PAT/2024 Assessment Year: 2016-17 Shardindu Prasad Singh. reason of delay in filing of memorandum