DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S ASHA REALTY DEVELOPERS PVT LTD, MUZAFFARPUR

In the result, the appeal of the Revenue is dismissed

67,04,291\n33,37,68,000\n3,37,68,000\nPlaza\nS.G.\n97.37%\n19825\n14684\n74.07\n4,75,58,147\n3,74,24,102\n3,84,34,500\n10,10,398\nSmriti\nB.L.\n27.12%\n22355\n7641\n34.18\n1,79,05,051\n65,21,687\n2,40,47,530\n1,75,25,843\nSinghania\nAsha\n22.11%\n46165\n8754\n18.98\n19069421

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

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

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

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

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

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

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

Bench: Itat.

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

KUMAR SUMAN SINGH,PATNA vs. DCIT CENTRAL CIRCLE-2, PATNA

67,000/- was available on\naccount of payment to LIC/ULIP. Therefore, balance Rs. 33,000/-\n(1,00,000-67,000) was left for personal expenses spread over 12 month.\nMeaning thereby, that AO has accepted the personal expenses @2750/-\nper month (33,000/12).\nThe AO should have taken consistent view while computing addition on\naccount of low withdrawal

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

In the result, the appeal of assessee is partly allowed

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/-“

section 44AD and by stating so the representative of the assessee has argued that the total income disclosed by the assessee is equal to 15.75% of the total receipt of Rs. 20,82,626/-. The return of income and the computation sheet enclosed with the paper book and placed as page…… to …… of P.B. established this fact. The assessing

FARIDI FOUNDATION,ARRAH vs. CIT (EXEMPTION), PATNA

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

section 12AB(1)(b) of the Act. The applicant\nis a Trust. The address of the Trust is Waliganj, Arrah. The Ld. CIT\n(Exemption) issued a letter dated 20.12.2022 requiring the assessee to\nPage | 3\nΙ.Τ.Α. No.: 223/PAT/2023\n Assessment Year: 2023-24\nFaridi Foundation.\nsubmit the documents related to notes on activities undertaken

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

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

67,503/-. Similarly, stock register was updated till 31.01.2017 reflecting a closing balance of Rs.1,22,96,170/-. However, the stock value determined at the time of survey was at Rs.56,37,481/-. As per the assessee’s provisional trading account, the stock on the date of survey was Rs.1,69,38,752/- and gross profit was determined at Rs.28

KUMAR SUMAN SINGH,PATNA vs. DCIT, CENTRAL CIRCLE-2, PATNA

In the result, I.T.A. Nos

67,075/-. With these background facts, the AO made\naddition of Rs. 65,000/-. Under these background fact, the total\nwithdrawal has been taken at Rs. 1,00,000/- (35,000+65000) against\nwhich the proof of expenses of approx. Rs. 67,000/- was available on\naccount of payment to LIC/ULIP. Therefore, balance