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16 results for “section 68”+ Section 42clear

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Key Topics

Section 26360Section 153A56Section 143(3)16Section 12714Section 1478Limitation/Time-bar8Revision u/s 2637Addition to Income6Natural Justice6

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
Section 40A(3)4
Section 684
Disallowance3

Section 68 of I.T.Act and rightly made additions. Ld. DR also submitted that the case relied on by the AR is not applicable in the present facts of the case in hand. 12. After hearing both the parties and carefully perusing the entire material on record and orders of authorities below, we find that during the course of argument

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)

42,162/-, which will be allowed along with interest and remuneration to partners allowable. The disallowances made by the A.O. u/s 40A(3) and section 40(a)(ia) are hereby deleted and income is estimated at the end of discussion of all other grounds of appeal”. 6. The ld. Sr. D.R. took us through the assessment order. He submitted

BAJRANG CONSTRUCTION,GOPALGANJ vs. DCIT, MUZAFFARPUR

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

ITA 134/PAT/2010[07-Jun]Status: DisposedITAT Patna27 May 2025

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthi

Section 142(1)Section 271(1)(c)Section 68

section 68 of the Income Tax Act. Finally, the ld. Assessing Officer completed the assessment assessing the total income of the assessee at Rs.44,42

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

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT (CENTRAL), PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 322/PAT/2024[2014-15]Status: DisposedITAT Patna12 Sept 2024AY 2014-15

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 323/PAT/2024[2015-16]Status: DisposedITAT Patna12 Sept 2024AY 2015-16

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 325/PAT/2024[2017-18]Status: DisposedITAT Patna12 Sept 2024AY 2017-18

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 326/PAT/2024[2018-19]Status: DisposedITAT Patna12 Sept 2024AY 2018-19

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 327/PAT/2024[2019-20]Status: DisposedITAT Patna12 Sept 2024AY 2019-20

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 328/PAT/2024[2020-21]Status: DisposedITAT Patna12 Sept 2024AY 2020-21

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

NALANDA ENGICON PVT. LTD, PATNA,PATNA vs. PR. CIT CENTRAL, PATNA

In the result, all the appeals of the assessee are allowed as per terms indicated hereinabove

ITA 329/PAT/2024[2021-22]Status: DisposedITAT Patna12 Sept 2024AY 2021-22

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.322 To 329/Pat/2024 Assessment Years: 2014-15 To 2021-22

Section 127Section 143(3)Section 153ASection 263

68 (Bom) and (1984) 31 ITD 52 (SB-Delhi) holding that in an assessment made u/s 143(3) it should be presumed that the assessment u/s 143(3) had been made after proper application of mind and also holding that the assessee has no control over the way, the assessment is drafted by the AO and generally issues which

LORD VISHNU CONSTRUCTION PVT LTD,PATNA vs. PR. CIT-1, PATNA

In the result, appeal of the assessee is partly allowed

ITA 23/PAT/2022[2017-18]Status: DisposedITAT Patna22 May 2024AY 2017-18

Bench: Shri Sonjoy Sarma, Hon’Blei.T.A. No. 23/Pat/2022 Assessment Year: 2017-18 Lord Vishnu Constructions Principal Commissioner Of Income Tax-1, Private Limited Vs Patna 101, Lotus Apartment New Patliputra Colony Patna - 800013 [Pan: Aabcc5141M] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Nishant Maitin, C.A. Revenue By : Shri Sushil Kumar Mishra, Jcit D/R सुनवाई क" तारीख/Date Of Hearing : 07/03/2024 घोषणा क" तारीख /Date Of Pronouncement: 22/05/2024 आदेश/O R D E R Per, Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Principal Commissioner Of Income Tax, Patna -1 (Hereinafter The “Ld. Pr. Cit”) Dt. 18/10/2022, Passed U/S 263 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. Through Various Grounds Of Appeal, The Assessee Has Assailed The Order Of The Ld. Pr. Cit Framed U/S 263 Of The Act. Facts In Brief Are That The Assessee Is A Private Limited Company Engaged In Construction Business. The Regular Return Of Income Furnished Was Selected For Scrutiny Through Cass On Account Of Two Reasons, Namely, “Abnormal Increase In Cash Deposit During

For Appellant: Shri Nishant Maitin, C.AFor Respondent: Shri Sushil Kumar Mishra, JCIT D/R
Section 263Section 40A(3)Section 69A

42,000/- and assessed income at Rs. 1,24,68,481/-. Thereafter, the ld. Pr. CIT called for the assessment records under the powers conferred to him u/s 263 of the Act and observed that the assessee had made cash payments in excess of Rs. 20,000/- each day for a total amount of Rs.27,28,439/- and the same

SUDHIR KUMAR,PATNA vs. I.T.O., PATNA

In the result, the appeal of assessee is partly allowed

ITA 90/PAT/2014[2010-11]Status: DisposedITAT Patna26 May 2022AY 2010-11

Bench: Shri Rajpal Yadav, Vice- & Shri Girish Agrawalassessment Year: 2010-11 Shri Sudhir Kumar, Income-Tax Officer, Ward-6(1), Vs. Patna. Patna. (Pan: Amlpk4871E) (Appellant) (Respondent) Present For: Appellant By : Shri K. M. Mishra, Advocate Respondent By : Shri Sanjay Mukherjee, Cit(Dr) Date Of Hearing : 16.03.2022 Date Of Pronouncement : 26.05.2022 O R D E R Per Girish Agrawal: This Appeal By The Assessee Is Directed Against The Order Of Ld. Cit(A), Dhanbad, Camp Office At Patna Appeal No. 71/Cit(A)-Ii/13-14 Dated 25.02.2014 For A.Y. 2010-11 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Ito, Ward-6(1), Patna, Dated 26.03.2013. 2. Brief Facts Of The Case Are That Assessee Had Filed Return Of Income On 18.10.2010 Reporting Total Income Of Rs.3,01,260/-. In The Course Of Assessment Proceedings, The Ld. Ao Sought Details On Various Aspects Of The Income Reported By The Assessee & Completed The Assessment By Making The Additions As Under: “Total Income As Per Return Rs. 3,01,260/- Add: As Discussed In Para D Rs. 3,42,708/- Add: As Discussed In Para E Rs. 14,03,744/- Add: As Discussed In Para F Rs. 58,92,354/- Total Income Rs. 89,40,066/-“

For Appellant: Shri K. M. Mishra, AdvocateFor Respondent: Shri Sanjay Mukherjee, CIT(DR)
Section 143(3)Section 44A

42,708/- holding it as undisclosed income of the assessee. While dealing with this issue, on the claim of the assessee that he had filed his return under the provisions of section 44AD of the Act, ld. CIT(A) by accepting the said claim, recomputed the calculations made by the ld. AO by taking net profit rate

THE SIWAN CENTRAL CO.-OPERATIVE BANK LTD,SIWAN vs. DCIT, CIRCLE-2, MUZAFFARPUR

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

ITA 29/PAT/2019[2010-11]Status: DisposedITAT Patna15 Sept 2022AY 2010-11

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 147Section 250Section 36Section 40aSection 43D

68,41,943/- and Rs.2,88,460/- sustained by the Ld. CIT(A) are wrong, illegal and unjustified on the facts and in the circumstances of the appellant’s case. 13. For that the order passed is violative of principles of equity, natural justice and fair play., 14. For that the whole order is bad in fact

THE SIWAN CENTRAL CO.-OPERATIVE BANK LTD,SIWAN vs. DCIT, CIRCLE-2, MUZAFFARPUR

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

ITA 30/PAT/2019[2011-12]Status: DisposedITAT Patna15 Sept 2022AY 2011-12

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 147Section 250Section 36Section 40aSection 43D

68,41,943/- and Rs.2,88,460/- sustained by the Ld. CIT(A) are wrong, illegal and unjustified on the facts and in the circumstances of the appellant’s case. 13. For that the order passed is violative of principles of equity, natural justice and fair play., 14. For that the whole order is bad in fact