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18 results for “section 68”+ Section 90(2)clear

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Key Topics

Section 143(3)17Addition to Income17Section 6810Section 143(2)7Section 2507Section 133(6)6Section 235Section 142(1)5Section 69A5Cash Deposit

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
Demonetization3
Exemption3

2,487.00 Profit after I.Tax 57,204.00 4,903 Profit/Losses brought forward from last year 4,903.00 - Balance Carried to Balance Sheet 62,107.00 4,903.00 Notes on Accounts No latest financial statements and income tax return have been produced. The creditworthiness of the investing company could not be proved by the assessee company

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

90 DTR (Mad)289. The ld AR contended that in absence of issue of notice u/s 143(2) of the Avct , the assessment framed u/s 143(3) r.w.s. 147 of the Act is illegal and invalid. The ld AR argued that the said defect of non issuance of notice u/s 143(2) is not curable even u/s 292BB

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

90 DTR (Mad)289. The ld AR contended that in absence of issue of notice u/s 143(2) of the Avct , the assessment framed u/s 143(3) r.w.s. 147 of the Act is illegal and invalid. The ld AR argued that the said defect of non issuance of notice u/s 143(2) is not curable even u/s 292BB

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

90 DTR (Mad)289. The ld AR contended that in absence of issue of notice u/s 143(2) of the Avct , the assessment framed u/s 143(3) r.w.s. 147 of the Act is illegal and invalid. The ld AR argued that the said defect of non issuance of notice u/s 143(2) is not curable even u/s 292BB

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

90 DTR (Mad)289. The ld AR contended that in absence of issue of notice u/s 143(2) of the Avct , the assessment framed u/s 143(3) r.w.s. 147 of the Act is illegal and invalid. The ld AR argued that the said defect of non issuance of notice u/s 143(2) is not curable even u/s 292BB

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

90 DTR (Mad)289. The ld AR contended that in absence of issue of notice u/s 143(2) of the Avct , the assessment framed u/s 143(3) r.w.s. 147 of the Act is illegal and invalid. The ld AR argued that the said defect of non issuance of notice u/s 143(2) is not curable even u/s 292BB

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)

90,000/- Ajay Kumar 04-06-2008 PNB-9926 817898 2,80,000/- Ajay Kumar 16-06-2008 PNB-9926 821347 3,50,000/- Ajay Kumar 18-02-2009 PNB-9926 797751 1,00,000/- Ajay Kumar 18-02-2009 PNB-9926 797754 2,00,000/- Ajay Kumar 14-03-2009 PNB-9926 797758 40,000/- Anirudh Yadav

SHANKAR CONSTRUCTION,PANCHGACHIA vs. ITO, WARD-3(1), PURNEA

In the result, the appeal of the assessee is allowed

ITA 565/PAT/2024[2016-17]Status: DisposedITAT Patna18 Nov 2024AY 2016-17

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumari.T.A. No. 565/Pat/2024 Assessment Year: 2016-2017 Shankar Construction,………………..…….……Appellant Panchgachia, Panchgachia-852124, Bihar [Pan:Abofs0800R] -Vs.- Income Tax Officer,………………….……..……Respondent Ward-3(1), Purnea, Bihar Appearances By: Shri S.K. Tulsiyan, Advocate, Appeared On Behalf Of The Assessee Shri Ashok Kumar, Cit (Dr), Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: October 22, 2024 Date Of Pronouncing The Order: November 18, 2024 O R D E R

Section 143(1)Section 147Section 148Section 69A

section 68 of the Act. In this regard, enquiry was carried out on ITBA. e-filing portal and ITD database and on perusal of the ITR as filed by the assessee, it was observed that the assessee has not Page 2 of 4 ABOFS0800R- SHANKAR CONSTRUCTION A.Y. 2016-17 ITBA/AST/F/147(SCN)/2021- 22/1041820954(1) declared such loan

ACIT, EXEMPTION CIRCLE, PATNA vs. M/S SHARDA EDUCATIONAL SOCIETY, PATNA

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

ITA 281/PAT/2018[2013-14]Status: DisposedITAT Patna02 Mar 2023AY 2013-14

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 12ASection 133(6)Section 143(2)Section 143(3)Section 250Section 68

2,38,90,000/-. 5. Aggrieved, the assessee preferred appeal before ld. CIT(A). During the course of hearing, the assessee filed various details in order to explain the corpus donation which mainly included the donation from the Trustee Sh. Rajesh Kumar Singh who is a non- Page 3 of 14 I.T.A. No.: 270 & 281/PAT/2018 Assessment Year

M/S SHARDA EDUCATIONAL SOCIETY,PATNA vs. ITO(EXEMPTION), WARD-1, PATNA

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

ITA 270/PAT/2018[2013-14]Status: DisposedITAT Patna02 Mar 2023AY 2013-14

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 12ASection 133(6)Section 143(2)Section 143(3)Section 250Section 68

2,38,90,000/-. 5. Aggrieved, the assessee preferred appeal before ld. CIT(A). During the course of hearing, the assessee filed various details in order to explain the corpus donation which mainly included the donation from the Trustee Sh. Rajesh Kumar Singh who is a non- Page 3 of 14 I.T.A. No.: 270 & 281/PAT/2018 Assessment Year

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

section 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

SURYADEO PRASAD,SIWAN vs. ITO WARD-2 (3), SIWAN

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

ITA 82/PAT/2023[2017-18]Status: DisposedITAT Patna07 Jan 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 142(1)Section 144Section 250Section 44ASection 69A

68,200/- made during the demonetization period as unexplained income u/s 69A and passed the assessment order u/s 144 dated 30.10.2019. Page 2 of 8 I.T.A. No.: 82/PAT/2023 Assessment Year: 2017-18 Suryadeo Prasad. 4. We have heard the rival contentions and very perused the record and the submissions made were also examined. We find that

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

2 Pioneer Education Society Rs.6,58,04,004/- during FY 2015-16. The company furnished copy of ITR, copy of audit report, confirmation and bank statement in this regard. The assessee has shown unsecured loan amount of Rs.6,47,49,004/- only from GEMS, therefore, the difference of Rs.10,55,000/- (Rs.6,58,04,004/- minus Rs.6

RAJBANSH RAM,BHABUA vs. ITO WARD- 3(5), SASARAM

In the result, the appeal of the assessee is partly allowed

ITA 351/PAT/2023[2017-18]Status: DisposedITAT Patna04 Jul 2025AY 2017-18

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 144Section 250Section 68

68 of the Act, which is stated to be fit to be reversed on the ground that no valid show cause notice as mandated in section 251(2) of the Act was I.T.A. No.: 351/PAT/2023 Assessment Year: 2017-18 Rajbansh Ram. issued by the NFAC. Further, the entire transactions and the source of the bank deposits not being

MOHAMMAD SAIDULLAH,EAST CHAMPARAN vs. ITO, WARD- 1 (3), MOTIHARI

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

ITA 245/PAT/2025[2017-18]Status: DisposedITAT Patna10 Dec 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 250Section 56(2)(x)Section 68

90,000/- u/s 68 of the I.T. Act. is patently wrong and invalid, when the gifts were received through banking channels and bank statement of donor were filed during course of hearing. 5. For that the donor is having only agricultural income and was not obliged to file ITR. The identity, genuineness and creditworthiness of the donor are proved beyond

ANIL KUMAR SAH,BANKA vs. ITO, WD-1(4), BHAGALPUR, BHAGALPUR

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

ITA 324/PAT/2023[2015-16]Status: DisposedITAT Patna29 Aug 2025AY 2015-16

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 324/Pat/2023 Assessment Year: 2015-2016 Anil Kumar Sah,………………………....….………Appellant Near Bari Durga Mandir, Kajreli Road, Amarpur, Dist. Banka-813101, Bihar [Pan:Aqgps8735A] -Vs.- Income Tax Officer,………………………...…….Respondent Ward-1(4), Bhagalpur, Office Of The Income Tax Officer, R.N. Plaza, R B S S Road, Bhagalpur-812001, Bihar Appearances By: 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: June 16, 2025 Date Of Pronouncing The Order: August 29, 2025 O R D E R

Section 143Section 143(1)

90 days. Hence the delay is condoned. 4. Brief facts of the case are that the assessee is an individual, who filed his return of income on 10.12.2015 showing total income of Rs.2.88,040/-. The assessee has shown his income from LIC commission, New India Insurance Company & interest income. The return was processed

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

2 brokers i.e. M/s Shubh Commodities Pvt Ltd. & M/s Marina Commotrade Pvt Ltd. so as to make justification that all transactions made through NMCE platform are right and not ill mind. Appellate findings and decision I have gone through the assessment order and submission made by the AR of the appellant. In his assessment order the A.O. has narrated

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

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