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29 results for “section 68”+ Section 45clear

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Key Topics

Section 26361Section 153A58Section 143(3)37Addition to Income16Section 12714Limitation/Time-bar12Section 6811Section 25010Section 14810Section 43C

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

Showing 1–20 of 29 · Page 1 of 2

10
Revision u/s 2637
Unexplained Cash Credit6

68 or not ? It is already on record that the Assessing Officer has issued notices u/s 133(6) on 10.11.2017 to the 3 subscribers whose names were appearing in the reasons recorded (copy placed at page 66 to 73 to of PB). The appellant vide reply dated 06.12.2017 (page 4fe_ toT3 of PB) has submitted the names, addresses

ZAIMUR RAHMAN,EAST CHAMPARAN vs. INCOME TAX DEPARTMENT, NFAC, DELHI

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

ITA 321/PAT/2025[2015-16]Status: DisposedITAT Patna07 Oct 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 144BSection 147Section 148Section 149Section 250Section 68Section 69A

45,16,118 is unexplained cash credit under section 68 read with section 115BBE of the Act and assessed

VIJAYA SINGH,PATNA vs. INCOME TAX OFFICER, WARD - 6(1), PATNA, PATNA, BIHAR

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

ITA 519/PAT/2024[2018-19]Status: DisposedITAT Patna28 Jul 2025AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 519/Pat/2024 Assessment Year: 2018-2019 Vijaya Singh,…………………………...….………Appellant M-55/22A, S.K. Nagar, Patna-800001, Bihar [Pan:Asups6086N] -Vs.- Income Tax Officer,………………………......Respondent Ward-6(1), Patna, Lok Nayak Jay Prakash Bhawan, Dak Bunglow Road, Patna-800001, Bihar

Section 115BSection 142(1)Section 143(1)Section 143(2)Section 272A(1)(d)Section 69A

45,200/- on account of agricultural income in the year under consideration, but the ld. CIT(Appeals) as well as ld. Assessing Officer failed to appreciate the facts given by the assessee and simply they denied and added to the income of the assessee as undisclosed income under section 68

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

Section 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

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

Section 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

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

Section 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

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

Section 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

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

Section 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

PRABHU DAYAL BHARTIYA ,PATNA vs. DC/AC CIRCLE-4, PATNA, PATNA

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

ITA 372/PAT/2025[2013-14]Status: DisposedITAT Patna15 Oct 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.372/Pat/2025 Assessment Year: 2013-14 Prabhu Dayal Bhartiya (Huf)….………. …………………....Appellant 701, Shanti Kunj, Chajjubagh, Patna, Bihar- 800001.. [Pan: Aachp7738Q] Vs. Dc/Ac, Circle-4, Patna…....…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 14, 2025 Date Of Pronouncing The Order : October 15, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Is Directed By The Assessee Against The Order Dated 16.07.2025 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee, A Hindu Undivided Family (Huf), Filed Its Return Of Income For The Assessment Year 2013– 14 Declaring A Total Income Of ₹6,120/-. The Case Was Reopened Under Section 147 Of The Income-Tax Act, 1961 On The Basis Of Information Received From The Investigation Wing That The Assessee Was A Beneficiary Of Accommodation Entries In The Form Of Long-Term Capital Gains (Ltcg) From The Sale Of Shares Amounting To ₹55,16,804/- Received From M/S. Aayan Commercial Pvt. Ltd. & Its Associate Concerns. It

Section 10(38)Section 147Section 148Section 250Section 68

45,694/- as unexplained cash credits under section 68 of the Act and added the same to the total

BABULAL PRASAD SUJIT KUMAR,MUZAFFARPUR vs. ACIT, CENTRAL CIRCLE, MUZAFFARPUR

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

ITA 276/PAT/2022[2018-19]Status: DisposedITAT Patna30 Dec 2024AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 276/Pat/2022 Assessment Year: 2018-2019 Babulal Prasad Sujit Kumar,……………….…Appellant Purani Bazar, Muzaffarpur-842001, Bihar [Pan:Aalfb9242J] -Vs.- Assistant Commissioner Of Income Tax,.….Respondent Central Circle-Muzaffarpur, Chabdralok Bhawan, Near Chandralok Market, Naya Tola, Muzaffarpur-842002, Bihar Appearances By: Shri A.K. Rastogi, Sr. Advocate & Shri Rakesh Kumar, Advocate, Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 26, 2024 Date Of Pronouncing The Order: December 30, 2024 O R D E R

Section 68Section 69A

45,414/- made by the Assessing Officer treating the advances having been received from the customers as “unexplained” under section 68

PIONEER EDUCATION SOCIETY,HARYANA vs. ITO, PATNA

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

ITA 405/PAT/2024[2016-17]Status: DisposedITAT Patna24 Apr 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 405/Pat/2024 Assessment Year: 2016-2017 Pioneer Education Society,……….…….....……Appellant C-310/311, Unitech Business Zone Nirvana Country, South City-Ii, Sector-50, Haryana, Pin Code No.122018 [Pan:Aadap0174C] -Vs.- Income Tax Officer,……………………………….Respondent Ward-1(1), Patna, Lok Nayak Jai Prakash Bhawan, New Dak Bunglow, Patna-800001, Bihar Appearances By: Shri Yatin Sharma, Advocate, Appeared On Behalf Of The Assessee Rinku Singh, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: April 21, 2025 Date Of Pronouncing The Order: April 24, 2025 O R D E R

Section 133(6)Section 142(1)Section 143(2)Section 271(1)(b)Section 68

section 68 of the Act and added to the total income of the assessee. Therefore, the total addition comes to Rs.4,07,90,320/- (Rs.10,55,000/- plus Rs.3,97,35,320/-). 2.1. In support of rent debited in the income & expenditure account to the tune of Rs.3,43,84,722/-, the assessee furnished copy of three Memorandum

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

68 of the Income Tax Act. It is pertinent to note that the ld. 1st Appellate Authority has decided the appeals for A.Ys. 2011-12 to 2013-14 by the common impugned order. 2 Assessment Year: 2012-2013 & C.O. No. 04/PAT/2022 (in ITA No. 110/PAT/2019) Assessment Year: 2012-2013 Sonamoti Agrotech Pvt. Limited 3. On receipt of notice

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. Aggrieved with this action, the Revenue has filed the present appeal through the following grounds of appeal: “1. The Ld. CIT(A) erred in allowing relief of Rs. 3,44,45,828/- by deleting addition made by the A.O. on account of Unexplained Sundry Creditors even though the assessee had not discharged the onus of burden

NAGENDRA SINGH,PATNA vs. ITO, WARD- 5 (3), PATNA

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

ITA 272/PAT/2024[2015-16]Status: DisposedITAT Patna31 Jan 2025AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. No. 272/Pat/2024 Assessment Year: 2015-2016

Section 133(6)Section 144Section 147Section 148Section 53A

68,874/-, which attracts the provisions of section 53A of the Transfer of Property Act, 1882 and the capital gains arising out of such transfer as per provisions of sections 2(47)(v), 45

ACIT, CIRCLE-2, PATNA vs. SHREE NANAK FERRO ALLOYS PVT LTD, JAMSHEDPUR

In the result, the appeal of the Revenue is dismissed

ITA 249/PAT/2019[2013-14]Status: HeardITAT Patna09 Dec 2025AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Shree Nanak Ferro Alloys Pvt. Ltd. Acit, Circle-2 Room No.205, 2Nd Floor, Avrtar Acit, Circle-2, Patna, Bihar Vs. Building, Bisturpur, Jamshedpur, Jharkhand (Appellant) (Respondent) Pan No. Aaics1706N Assessee By : S/Shri A.K. Rastogi Rakesh Kumar, Ar Revenue By : Shri Md Ah Chowdhary, Dr Date Of Hearing: 27.11.2025 Date Of Pronouncement: 09.12.2025

For Appellant: S/Shri A.K. RastogiFor Respondent: Shri MD AH Chowdhary, DR
Section 139Section 139(1)Section 143(2)Section 143(3)Section 147Section 148Section 68

68 of the Act in the assessment farmed under Section 143(3) of the Act dated 30.12.2016. 2.2. In the appellate proceedings, the learned CIT (A) allowed the appeal of the assessee by observing and holding as under:- “I have carefully considered the findings of the AO in the assessment order, submission of the appellant, Remand report

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

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

45,220/- in her return of income. Therefore, ld. Assessing Officer concluded that the difference of Rs.26,55,970/- is unexplained income and added the same to the total income under section 68

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

45,220/- in her return of income. Therefore, ld. Assessing Officer concluded that the difference of Rs.26,55,970/- is unexplained income and added the same to the total income under section 68

ITO, WARD-2(1), PATNA vs. M/S SUN COMTECH PVT LTD, PATNA

In the result, the appeal filed by the Revenue is allowed

ITA 108/PAT/2020[2011-12]Status: DisposedITAT Patna24 Jun 2025AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 143(3)Section 148Section 250

45 PM BUY 1 115.40 5000 577000.00 0 NICKEL FUTURES 16/03/201101:23:57 PM BUY 5 115.45 5000 2886250.00 0 NICKEL FUTURES 16/03/201101:24:12 PM BUY 5 115.45 5000 2886250.00 3 NICKEL FUTURES 16/03/201101:25:50 PM BUY 10 115.45 5000 5772500.00 6 NICKEL FUTURES 16/03/201101:28:12 PM BUY 12 115.45 5000 6927000.00 9 NICKEL FUTURES 16/03/2011

DCIT, CENTRAL CIRCLE - 2(1), NAGPUR vs. KHARE AND TARKUNDE INFRASTRUCTURE PRIVATE LIMITED, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 279/NAG/2025[2016-17]Status: DisposedITAT Patna21 Apr 2026AY 2016-17

Bench: Shri Pawan Singh & Shri Khettra Mohan Roydcit, Central Circle-2(1), Khare & Tarkunde Nagpur Vs Infrastructure Pvt. Ltd., 235, Shivaji Complex, Dharmpeth, Nagpur Pan : Aaack 7184 N Department Assessee Assessee By : Shri Sachin V. Luthra, Ca Revenue By : Shri Surjit Kumar Saha, Sr. Dr Date Of Hearing : 25.02.2026 Date Of Pronouncement : 21.04.2026 O R D E R

For Appellant: Shri Sachin V. Luthra, CAFor Respondent: Shri Surjit Kumar Saha, Sr. DR
Section 143(2)Section 143(3)Section 250Section 43C

45 SOT 257 (Mumbai) v) ACIT vs. Dattani Development [2016] 72 taxmann.com 330 (Mumbai – Trib.) 6. Per contra, learned counsel for the assessee supported the order of the Ld. CIT(A) and reiterated that section 43CA applies only to transfer of tangible immovable property being land or building or both, and not to intangible rights such as TDRs