OM PRAAKSH SINGH,RANCHI vs. DCIT, CIRCLE-1, RANCHI

In the result, appeal filed by the assessee is allowed

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Om Prakash Singh Vs. Dcit, Circle-1, Ranchi Sankalp, East Jail Road, Ranchi- 834001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agkps0300D (अपीलाथ" /Appellant) .. (""थ" / Respondent)

section 148 of the Act was issued to assessee on 31.12.2016. In the assessee`s case the relevant assessment year is 2009-10, therefore the assessee`s case was reopened after the expiry of 4 Years from the end of the relevant assessment year. The settled position of law is that if an assessment for any year has been completed

M/S BHARAT COKING COAL LTD ,DHANBAD vs. ACIT CIR-1 , DHANBAD

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

Bench: Shri Sanjay Garg & Shri Manish Boradi.T.A. No.130/Ran/2018 Assessment Year: 2014-15 M/S Bharat Coking Coal Ltd…………..…...…......................……...…..….. Appellant Finance Directorate, Ground Floor, Koyla Bhawan, Koyla Nagar, Dhanbad-826005. [Pan: Aaacb7934M] Vs. Acit, Circle-1, Dhanbad…..……………………….……….…………….. Respondent Appearances By: Shri M. K. Choudhary, Advocate, Appeared On Behalf Of The Appellant. Shri Saumyajit Das Gupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 26, 2022 Date Of Pronouncing The Order : September 20, 2022 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 20.09.2017 Of The Commissioner Of Income Tax (Appeals), Dhanbad [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

TDS and another one against the order under section 143(3) of the Act for disallowance under section 40(a)(i)/(ia) of the Act. The disallowance

DEVPRABHA CONSTRUCTION PRIVATE LTD.,,DHANBAD vs. PCIT, DHANBAD

In the result, this appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay(Virtual Hearing) Devprabha Construction Private Ltd., P.C.I.T., Dev Villa, Behind Radha Swamy Arcade, Dhanbad, Vs. Saraidhela, Dhanbad-828127. Aayakar Bhawan, Luby Pan No. Aaecb 2652 A Circular Road, Dhanbad-826001 (Jharkhand) Appellant/ Assessee Respondent/ Revenue

143(3) has been set aside. 2. That on perusal of the impugned 263 order, it can be seen that the PCIT on the following 3 issues has set aside the original assessment order:- a) Business Expenses - Hire Charges paid to 7 persons on which TDS not deducted, out of which AO has conducted enquiry and verified only 5 persons

M/S P.K.UPADHYAY vs. ITO WARD-3(5), PALAMAU

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

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

section 143(3) on 31.12.2012. The ld. Assessing Officer has determined the total income of the assessee at Rs.3,52,780/-. In the reopened assessment, the ld. Assessing Officer perused the record and recorded a finding that the assessee has debited a sum of Rs.5,11,164/- in the assets side of the balance-sheet on account of time extension

INDIAN PROGRESSIVE CONSTRUCTION PVT. LTD.,,DEOGHAR vs. DCIT CIRCLE-3,, DEOGHAR

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

143(3) read with section 263 of the Act on 28/12/2017 and made additions of ₹ 45.00 lacs on account of unsecured loan on the ground that the genuineness of the same was not established during the course of assessment proceedings. 3. The assessee filed appeal before the ld. CIT(A) who vide impugned order dated 09/12/2021 for the assessment year

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, JAMSHEDPUR, JAMSHEDPUR vs. BENKO TRADERS PRIVATE LIMITED, KOLKATA

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

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.436/Ran/2024 Assessment Year: 2015-16 Acit, Cc, Jamshedpur…………….…….…............................……….……Appellant Vs. Benko Traders Pvt. Ltd....………...….…..….........……........……...…..…..Respondent 119, 4Th Floor, Block D, White House, Park Stree, Wb – 700016. [Pan: Aabcb1888R] Appearances By: Shri Akshay Ringasia, Ar, Appeared On Behalf Of The Appellant. Shri Khubchand T. Pandya, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 07, 2025 Date Of Pronouncing The Order : December 17, 2025 Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-3, Patna For The Assessment Year 2015–16 Dated 25.09.2024 Passed U/S 250 Of The Income Tax Act (The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Under Section 139 Of The Act Declaring A Total Income As Nil. The Return Was Processed Under Section 143(1). Subsequently, The Case Was Selected For Scrutiny & An Assessment Under Section 143(3) Was Completed On 28.11.2017 Determining The Total Income At ₹9,88,28,406. Based On Information Received From The Investigation Wing, Mumbai, Relating To Alleged Use Of Stock Exchange Platform (Bse/Nse) For Generating Fictitious Long-Term/Short-Term Capital Gains Through Certain Scripts & Alleged Accommodation Entries, The Assessing Officer Recorded Reasons Under Section 147 Of The Act. A Notice Under Section 148 Was Issued The Assessee Filed Its Return Declaring The Same Income

143(2) and 142(1) were issued and complied with. According to the AO, income of ₹1,64,60,100 representing sale proceeds of shares was to be treated as unexplained cash credit under section 68 of the Act, along with commission expenditure of ₹3,29,202 @2% under section 69C, and unsecured loans of ₹59,00,000 received from

SANJAY CHAWLA,CHAIBASA vs. PR. CIT, RANCHI

In the result, the appeal of the assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaysanjay Chawla, Pr.C.I.T., Sentola, Chaibasa-833201 (Jharkhand) Ranchi. Vs. Pan No. Acmpc 6808 J Appellant/ Assessee Respondent/ Revenue

section 263 has been invoked for the following reasons:- "Perusal of records reveals that no analysis of quantitative details has been done by the Assessing Officer during the course of assessment proceedings. Sanjay Chawla Vs PCIT Even no inquiry was conducted by the Assessing Officer as to why there was a loss at the Gross Profit Level.” 3. That

K M MEMORIAL HOSPITAL & RESERCH CENTRE (P) LTD,BOKARO vs. ACIT, CIRCLE-1,, HAZARIBAG

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

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

143(3) of the Income Tax Act, 1961 (in short, the Act) assessing the total income at ₹ 69,96,030/-. In the mean time, the ld. Pr.CIT, Hazaribag passed the order under Section 263 of the Act vide its order dated 23/03/2018. During the consequential assessment proceedings, the Assessing Officer found that the assessee has made payment of ₹ 3.00 lacs

M/S. BHARAT COKING COAL LIMITED,DHANBAD vs. JT. CIT, TDS,, DHANBAD

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

143(3), the assessing officer allowed the interest and no addition was made. Thus, it was never pointed out by any authority that the assessee was required to deposit TDS on such interest at the point of time, if it was to be deposited. Thus, the assessee was under bonafide belief that no TDS is required to be made

M/S. BHARAT COKING COAL LIMITED,DHANBAD vs. JCIT TDS, DHANBAD

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

143(3), the assessing officer allowed the interest and no addition was made. Thus, it was never pointed out by any authority that the assessee was required to deposit TDS on such interest at the point of time, if it was to be deposited. Thus, the assessee was under bonafide belief that no TDS is required to be made

M/S. BHARAT COKING COAL LIMITED,,DHANBAD vs. JCIT, TDS CIRCLE,, DHANBAD

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

143(3), the assessing officer allowed the interest and no addition was made. Thus, it was never pointed out by any authority that the assessee was required to deposit TDS on such interest at the point of time, if it was to be deposited. Thus, the assessee was under bonafide belief that no TDS is required to be made

ITO, TDS, RANCHI, RANCHI vs. M/S. CHHINAMASTIKA CEMENT & ISPAT PVT. LTD.,, RAMGARH

In the result, the grounds of appeal raised by the revenue are dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 201(1)/201(1A) of the Act by holding that "Admittedly, in this case despite making contrary observation, the ITO/TDS has accepted the transportation payment as genuine that is why he has computed the TDS liability on those payments u/s 201(1) and interest u/s 201(1A). Therefore, it is not in dispute that the transportation payments has been

ITO, TDS,, RANCHI vs. M/S. CHINNAMASTIKA CEMENT & ISPAT LTD.,, RAMGARH

In the result, the grounds of appeal raised by the revenue are dismissed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 201(1)/201(1A) of the Act by holding that "Admittedly, in this case despite making contrary observation, the ITO/TDS has accepted the transportation payment as genuine that is why he has computed the TDS liability on those payments u/s 201(1) and interest u/s 201(1A). Therefore, it is not in dispute that the transportation payments has been

SHRIRAM MARKETING SERVICES,GIRIDIH vs. PCIT, DHANBAD

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

143(2) of the Act were issued to the assessee from time to time and were duly served on the assessee. In response to that, the assessee filed its reply which was duly considered by the Assessing Officer who accepted the income declared by the assessee and no addition was made on the issue of deposits in the said bank

ASHOK KUMAR PANDEY,DHANBAD vs. PR. CIT, DHANBAD

In the result, this appeal of assessee is allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 263 of the Act on the ground that the Assessing Officer failed to enquire into the expenses claimed by the assessee regarding major expenses claimed in the books to arrive at the correct assessment of the income of the assessee with 3 Ashok Kr. Pandey Vs PCIT regard to (i) real estate business with high closing stock, (ii) enquiries

M/S. HIMANGSHU MAHATO VANIJAYA PVT. LTD.,,DHANBAD vs. PCIT, DHANBAD

Bench: Shri Partha Sarathi Chaudhury & Shri Ratnesh Nandan Sahay

TDS return, acknowledgement and bank account of the lenders during the course of 263 proceeding before the PCIT but without considering all those document set aside for fresh adjudication and cancelled the order passed u/s 147 read with section 143(3

RAJENDRA KUMAR SAMAD,JAMSHEDPUR vs. ITO WARD 2(4), JAMSHEDPUR, JAMSHEDPUR

In the result, grounds of appeal raised by the assessee are allowed

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay(Virtual Hearing) Rajendra Kumar Samad, I.T.O., Dipasai, Kharswan, Saraikela-833216 Ward 2(4), Vs. (Jharkhand) Jamshedpur. Pan No. Fiops 6380 C Appellant/ Assessee Respondent/ Revenue

Section 89 had been granted and credit of TDS amounting to Rs. 5,68,775/- had also been given. The system is wrongly calculated interest u/s 234A, 234B & 234C during passing the assessment order. In this regard, it is found that the calculation of interest u/s 234A, 234B & 234C should not be charged during passing the assessment order u/s 143

DINESH AGARWAL HUF,PATNA vs. DCIT/ACIT, CIRCLE-1, RANCHI

In the result, the grounds of appeal raised by the assessee are allowed for

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

TDS as required was rightly deducted and paid by the assessee. The reasons for non deduction was not looked into by the Ld AG and as such, the addition made U/s 40(a)(ia) is fit to be deleted. 5. For that any other grounds in detail shall be argued at the time of hearing." 2. We found from perusal

DINESH AGARWAL HUF,PATNA vs. ITO, WARD-1(2), RANCHI

In the result, the grounds of appeal raised by the assessee are allowed for

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

TDS as required was rightly deducted and paid by the assessee. The reasons for non deduction was not looked into by the Ld AG and as such, the addition made U/s 40(a)(ia) is fit to be deleted. 5. For that any other grounds in detail shall be argued at the time of hearing." 2. We found from perusal