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13 results for “section 68”+ Section 73(1)clear

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Key Topics

Section 143(3)16Addition to Income13Section 44A8Section 235Section 143(2)5Section 2505Section 684Condonation of Delay4Section 1473Limitation/Time-bar

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
Section 142(1)2
Penalty2

section 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

M/S NORTH BIHAR DISTRIBUTOR,PURNEA vs. ITO, WARD-3(1), PURNEA

In the result, appeals of the assessee are dismissed

ITA 48/PAT/2020[2013-14]Status: DisposedITAT Patna22 May 2023AY 2013-14

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

For Appellant: Shri R. K. Jha, CAFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(3)Section 250Section 271(1)(c)Section 271BSection 44A

68,199/- has been claimed, reporting Rs. 1,295/- as total income for the year under consideration. 5.2. Ld. AO drew attention to the provisions of section 44AD(5) according to which if an assessee claims that the profits from the business are lower than the profits and gains as specified in sub section (1) then, the assessee

M/S NORTH BIHAR DISTRIBUTOR,PURNEA vs. ITO, WARD-3(1), PURNEA

In the result, appeals of the assessee are dismissed

ITA 68/PAT/2020[2013-14]Status: DisposedITAT Patna22 May 2023AY 2013-14

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

For Appellant: Shri R. K. Jha, CAFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(3)Section 250Section 271(1)(c)Section 271BSection 44A

68,199/- has been claimed, reporting Rs. 1,295/- as total income for the year under consideration. 5.2. Ld. AO drew attention to the provisions of section 44AD(5) according to which if an assessee claims that the profits from the business are lower than the profits and gains as specified in sub section (1) then, the assessee

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

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 139(9) of the Act and 292B of the Act, the AO has treated the return of income as invalid which is wrong ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya and in defense, he relied on certain decisions namely PCIT Vs Silver Line 363 ITR 465 (Delhi

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 139(9) of the Act and 292B of the Act, the AO has treated the return of income as invalid which is wrong ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya and in defense, he relied on certain decisions namely PCIT Vs Silver Line 363 ITR 465 (Delhi

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 139(9) of the Act and 292B of the Act, the AO has treated the return of income as invalid which is wrong ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya and in defense, he relied on certain decisions namely PCIT Vs Silver Line 363 ITR 465 (Delhi

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 139(9) of the Act and 292B of the Act, the AO has treated the return of income as invalid which is wrong ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya and in defense, he relied on certain decisions namely PCIT Vs Silver Line 363 ITR 465 (Delhi

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 139(9) of the Act and 292B of the Act, the AO has treated the return of income as invalid which is wrong ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya and in defense, he relied on certain decisions namely PCIT Vs Silver Line 363 ITR 465 (Delhi

SUDHIR KUMAR SINGH HUF,SAHARSA vs. ITO, WARD-3(4), SAHARSA

In the result, appeal of the assessee is allowed

ITA 274/PAT/2022[2017-18]Status: DisposedITAT Patna17 May 2023AY 2017-18

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2017-18

For Appellant: N o n eFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 115BSection 143(2)Section 143(3)Section 68

68 r.w. 115BBE of the Act. On the facts and in the circumstances of the case.” 4. Brief facts of the case are that assessee being Karta of HUF e- filed the return of income on 05/08/2017 vide Acknowledgement No. 150933280050817 at Total income of Rs 2,90,260/- and Net Agricultural income of Rs. 205000/-. Return filed

LAL BABU PRASAD,SIWAN vs. ACIT, CIRCLE-2, MUZAFFARPUR

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

ITA 317/PAT/2025[2015-16]Status: DisposedITAT Patna16 Jan 2026AY 2015-16

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

Section 133ASection 250Section 43B

sections 143(2) and 142(1) of the Act were issued. On the basis of the submissions made by the assessee, a discrepancy in stock was identified at ₹3,25,06,633. After deducting the opening stock of ₹49,68,567, the net discrepancy was worked out. During the assessment proceedings, the assessee voluntarily declared additional income

SITARAM SULTANIA,PATNA vs. DCIT/ACIT, CIR-6, PATNA, PATNA

Appeal of the assessee is partly allowed

ITA 11/PAT/2025[2010-11]Status: DisposedITAT Patna06 Jan 2026AY 2010-11

Bench: SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI RAJESH KUMAR (Accountant Member)

Section 147Section 148Section 250Section 50CSection 50C(2)

73,287/-. The assessee is a dealer of SAIL and engaged/dealing in Steel and Scraps etc. During the year the assessee sold immovable property for Rs. 64 lakhs. As per the in- formation gathered by the AO from Stamp Valuation Authority, the value of the immovable property was determined at Rs. 1,20,00,000/-. Accord- ingly, the case

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

ITA 345/PAT/2024[2017-2018]Status: DisposedITAT Patna04 Apr 2025AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 142(1)Section 143(2)Section 143(3)Section 145(3)Section 250

1,65,09,996/- towards additional estimated income. 13.0 The ledger extracts of the sales and purchases are produced before the AO but not the bills and vouchers as called for by him for verification. Without evidences of incurring the expenses, the AO cannot come to a conclusion that the expenses claimed are genuine and incurred while doing the business