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14 results for “section 68”+ Section 89clear

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Key Topics

Section 143(3)18Section 26312Addition to Income8Section 2505Section 143(2)5Section 685Section 153C4Section 1534Section 1474Condonation of Delay

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
4
Limitation/Time-bar3
Natural Justice2

68 of the Act. 2.5 The submissions have been considered carefully in the light of the provisions of the Income tax Act, Constitution of India as well as the legal pronouncements on the subject by the Apex Court and various High Courts In this regard, it would be pertinent to look into the provision of this section which

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-3, PATNA vs. BROADSON COMMODITIES PVT LTD, DHANBAD

In the result, both the appeals of Revenue are dismissed, whereas the Cross Objections filed by the assessee are allowed

ITA 62/PAT/2021[2016-17]Status: DisposedITAT Patna30 Aug 2023AY 2016-17

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

Section 132Section 153Section 153C

68 of the Income Tax Act. Accordingly, ld. Assessing Officer has made an addition of Rs.2,00,04,931/- in A.Y. 2016-17. In A.Y. 2017-18, the ld. CIT(Appeals) has observed that the assessee-company has taken a loan of Rs.1,06,02,895/- from M/s. Trailblazer Edusol (P) Limited and concurring his view with regard

ACIT, CENTRAL CIRCLE-3, PATNA vs. BROADSON COMMODITIES PVT LTD, DHANBAD

In the result, both the appeals of Revenue are dismissed, whereas the Cross Objections filed by the assessee are allowed

ITA 63/PAT/2021[2017-18]Status: DisposedITAT Patna30 Aug 2023AY 2017-18

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

Section 132Section 153Section 153C

68 of the Income Tax Act. Accordingly, ld. Assessing Officer has made an addition of Rs.2,00,04,931/- in A.Y. 2016-17. In A.Y. 2017-18, the ld. CIT(Appeals) has observed that the assessee-company has taken a loan of Rs.1,06,02,895/- from M/s. Trailblazer Edusol (P) Limited and concurring his view with regard

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

89 (SC)/[1995] 214 ITR 801 (SC)/[1995] 125 CTR 124 (SC)[28-03-1995] the Hon'ble Supreme Court has held as under: “It is, no doubt, true that in all cases in which a receipt is sought to be taxed as income, the burden lies on the department to prove that it is within the taxing provision

ASHUTOSH KUMAR PRABHAT,ARRAH vs. PCIT-1, PATNA

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

ITA 564/PAT/2024[2018-19]Status: DisposedITAT Patna06 May 2025AY 2018-19

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 147Section 154Section 263

89,460/- and the assessment order u/s 147/144 read with Section 144B of the Act was passed on 27.02.2023 and the total income of the assessee was assessed at Rs. 12,03,513/- after making addition of Rs. 8,14,053/- u/s 68

BALKRISHNA BHALOTIA CONSTRUCTION PRIVATE LIMITED,JAMUI vs. PCIT CENTRAL, PATNA

In the result, the appeal of the assessee is allowed

ITA 123/PAT/2023[2018-19]Status: DisposedITAT Patna17 Apr 2024AY 2018-19

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 133ASection 142(1)Section 143(2)Section 263

68,330/-. The case of the assessee was selected for scrutiny assessment and a notice under section 143(2) was issued and served upon the assessee on 23.09.2019. It is pertinent to observe that a survey under section 133A of the Income Tax Act was carried out at the business premises of the assessee on 14.09.2017. 2 Assessment

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 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

ITA 213/PAT/2023[2001-02]Status: DisposedITAT Patna09 Jan 2025AY 2001-02
Section 132(1)Section 153ASection 250Section 263

89,000-25,000). In\nview of the above discussion, the addition of Rs. 64,000/- only can be\nsustained for A.Y. 2001-02. In absence of any evidence from the appellant\nto the contrary, I direct the A.O to restrict the disallowance of Rs. 64,000/-\non account of low withdrawal for A.Y. 2001-02. The ground is partly

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

89,40,066/-“ 2 Sudhir Kumar A.Y. 2010-11 2.1. Assessee went into appeal before the ld. CIT(A) challenging the additions so made, who gave relief on certain additions and the appeal was partly allowed. Aggrieved, the assessee is in appeal before the Tribunal in respect of additions sustained by the ld. CIT(A). Assessee has taken as many

GYASUDDIN MOHAMMAD ANSARI,PURNIA vs. ITO, WARD- 3 (3), PURNEA

In the result, the appeal is partly allowed

ITA 311/PAT/2025[2023-24]Status: DisposedITAT Patna29 Jan 2026AY 2023-24

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 250Section 80Section 80E

section 80 E had been wrongly claimed. In fact, the assessee had sold a commercial is of land and furnish the working of capital loss of ₹ 240,000 and relied upon the decision of the Honourable Supreme Court in the case of gets a (India) Ltd vs CIT. The AO did not accept the contention of the assessee

BIHAR STATE EDUCATIONAL INFRASTRUCTURE DEVELOPMENT CORP. LTD,PATNA vs. ACIT, EXEMPTION CIRCLE-1, PATNA

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

ITA 344/PAT/2018[2012-13]Status: HeardITAT Patna12 Feb 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 10Section 143(3)Section 250(6)

89 days. An application seeking condonation of delay has been filed by the assessee for condoning the delay stating as follows: “1. That this is an application for condonation of delay in filing of the instant Appeal. 2. That the Appellant states that the order of Assessment was passed on dated 27.07.2018. The Appellant states that the said order

AMIT KUMAR,BEGUSARAI vs. NFAC, DELHI

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

ITA 410/PAT/2025[2018-19]Status: DisposedITAT Patna29 Jan 2026AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 250Section 68

section 143(3) r.w. 144 of the Income tax Act, 1961, ('the Act') at an income of Rs 3,74,76,426/- as against returned income of Rs 10,16,880/- ITA No.: 410/PAT/2025 Assessment Year: 2018-19 Amit Kumar. 2. For that the learned has erred in the facts and circumstances of the case in arbitrarily confirming addition

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

In the result, I.T.A. Nos

ITA 214/PAT/2023[2002-03]Status: DisposedITAT Patna09 Jan 2025AY 2002-03

89,000/- (33,000+56,000). The appellant\nhas disclosed withdrawal of Rs. 25,000/-. Taking a consistent view, the\nAO should have at best made addition of Rs. 64,000/- (89,000-25,000). In\nview of the above discussion, the addition of Rs. 64,000/- only can be\nsustained for A.Y. 2001-02. In absence of any evidence