INCOME TAX OFFICER, WARD - 2 (1),, VARANASI vs. PROMINENT DATAMATICS MARKETING PVT. LTD., , VARANASI

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

143, the Assessing Officer, after taking into account all relevant material which the Assessing Officer has gathered, shall, after giving the assessee an opportunity of being heard, make the assessment of the total income or loss to the best of his judgment and determine the sum payable by the assessee on the basis of such assessment: Provided that such opportunity

M/S. VARANASI DEVELOPMENT AUTHORITY,VARANASI vs. ASSISTANT COMMISSIONER OF INCOME TAX , VARANASI

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

143(3) of the 1961 Act. 5. The assessee being aggrieved by assessment framed by AO, filed first appeal before ld. CIT(A) , who was pleased to allow appeal of the assessee in first round of litigation. The Revenue being aggrieved filed second appeal with tribunal in first round of litigation, whereintribunal vide order dated 28.08.2015 in ITA No. 380/LKW/2015

M/S. VARANASI DEVELOPMENT AUTHORITY,VARANASI vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), VARANASI

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

143(3) of the 1961 Act. 5. The assessee being aggrieved by assessment framed by AO, filed first appeal before ld. CIT(A) , who was pleased to allow appeal of the assessee in first round of litigation. The Revenue being aggrieved filed second appeal with tribunal in first round of litigation, whereintribunal vide order dated 28.08.2015 in ITA No. 380/LKW/2015

VARANASI DEVELOPMENT AUTHORITY,VARANASEE vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

143(3) of the 1961 Act. 5. The assessee being aggrieved by assessment framed by AO, filed first appeal before ld. CIT(A) , who was pleased to allow appeal of the assessee in first round of litigation. The Revenue being aggrieved filed second appeal with tribunal in first round of litigation, whereintribunal vide order dated 28.08.2015 in ITA No. 380/LKW/2015

VARANASI DEVELOPMENT AUTHORITY,VARANASEE vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

143(3) of the 1961 Act. 5. The assessee being aggrieved by assessment framed by AO, filed first appeal before ld. CIT(A) , who was pleased to allow appeal of the assessee in first round of litigation. The Revenue being aggrieved filed second appeal with tribunal in first round of litigation, whereintribunal vide order dated 28.08.2015 in ITA No. 380/LKW/2015

ACIT, CIRCLE - 2,, GORAKHPUR vs. M/S SEORAHI COOPARETIVE CANE DEVELOPMENT UNION LTD.,, SEORAHI

In the result, appeal filed by Revenue in ITA No

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 The Asst. Commissioner Of M/S. Seorahi Cooperative Cane Income Tax, V. Development Union Ltd. Circle-2, Seorahi, Gorakhpur, U.P. Kushinagar, U.P. Pan:Aabas8968D (Appellant) (Respondent)

1) on 19th February, 2016 to the assessee , and response thereof the assessee submitted its reply dated 24.02.2016, as under : “ The observation in the notice that our activities against which we have received commission from the sugar mills are not of ‘marketing’ (of the sugar cane grown by our members) is not justified and correct considering the details of this

KAMAKHYA FRESH FOODS LTD.,GHAZIPUR vs. DY. CIT, CIRCLE - 03, VARANASI

In the result, the appeal filed by the assesseein

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year:1998-99 Kamakhya Fresh Foods The Deputy Commissioner Of Ltd., V. Income Tax, 45, Aamghat, Circle-3, Sahkari Colony, Varanasi, U.P. Ghazipur U.P. 233001 Pan: Aacck 2212P (Appellant) (Respondent)

143(3) of the 1961 Act, filed appeal before ld. CIT(A) in third round of litigation , the ld. CIT(A) called for remand report from the AO and again the first appeal filed by the assessee was dismissed by ld. CIT(A) in third round of litigation ,vide appellate order dated 19.02.2019, by holding as under: “7. I have

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2 , GORAKHPUR vs. THE MAHABIR JUTE MILLS LIMITED, GORAKHPUR

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

Bench: Shri B.R. Baskaran (Am) & Shri Amit Shukla (Jm)

143(1) is amounted to assessment and hence the subsequent assessment order is illegal as being void ab-initio. This legal contention is liable to be rejected, as it is settled principle that the intimation is not considered as an assessment. 14. The next legal contention is that the selection of return of income of the assessee for scrutiny under

DCIT,, GORAKHPUR vs. M/S MAHABIR JITE MILLS, LTD., GORAKHPUR

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

Bench: Shri B.R. Baskaran (Am) & Shri Amit Shukla (Jm)

143(1) is amounted to assessment and hence the subsequent assessment order is illegal as being void ab-initio. This legal contention is liable to be rejected, as it is settled principle that the intimation is not considered as an assessment. 14. The next legal contention is that the selection of return of income of the assessee for scrutiny under

THE MAHABIR JUTE MILLS LIMITED,GORAKHPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2 , GORAKHPUR

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

Bench: Shri B.R. Baskaran (Am) & Shri Amit Shukla (Jm)

143(1) is amounted to assessment and hence the subsequent assessment order is illegal as being void ab-initio. This legal contention is liable to be rejected, as it is settled principle that the intimation is not considered as an assessment. 14. The next legal contention is that the selection of return of income of the assessee for scrutiny under

THE MAHABIR JUTE MILLS LTD.,GORAKHPUR vs. ASST. DIRECTOR OF INCOME TAX, CPC, BENGALURU

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

Bench: Shri B.R. Baskaran (Am) & Shri Amit Shukla (Jm)

143(1) is amounted to assessment and hence the subsequent assessment order is illegal as being void ab-initio. This legal contention is liable to be rejected, as it is settled principle that the intimation is not considered as an assessment. 14. The next legal contention is that the selection of return of income of the assessee for scrutiny under

M/S TIWARI CONSTRUCTIONS,SONEBHADRA vs. ITO, WARD -3(4), SONEBHADRA

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

Bench: Shri.Vijay Pal Raoassessment Year: 2012-13 M/S Tiwari Constructions Dibulganj, V. Income Tax Officer, Anpara, Sonebhadra, U.P. Ward-3(4), Sonebhadra Pan-Aafhj0966G (Appellant) (Respondent) Appellant By: None Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 07.06.2022

143(3) r.w.s. 144 of the IT act is bad both on facts and in law. 2. That in any view of the matter the extra profit addition of Rs. 20,01,198/- as maintained by CIT(A) as against Rs. 33,62,788/- by Assessing Officer is highly unjustified. 3. That in any view of the matter

JAIVEER SINGH,GORAKHPUR vs. ACIT, RANGE - 1,, GORAKHPUR

In the result, appeal filed by theassesseeis allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2014-15 Jaiveer Singh, Asstt. Commissioner Of Prop. Jvs Motors Income Tax, Range-1, V. H.No.514, Ramdhariniwas, Aayakarbhawan, Mohaddipur, Civil Lines, Gorakhpur-273001, U.P. Gorakhpur-273001,U.P. Pan:Avaps 3343R (Appellant) (Respondent)

143(3) of the I.T act 1961 at income of Rs. 62,87,730/-. 2. Because the Commissioner of Income Tax Appeal has Erred in Law of Facts in Confirming the Addition of Rs. 18,65,025/- as Unverifiable Advertisement Expenses u/s 40(a)(ia) of the LT Act 1961. 3. Because the Commissioner of Income Tax Appeal has Erred

RAMESH CHANDRA JAISWAL,GORAKHPUR vs. INCOME TAX OFFICER, WARD - 2 (5), GORAKHPUR

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

Bench: Shri Anadee Nath Misshra

section 56 of the Income Tax Act, 1961, 50000 Provided that monetary gift received by an individual or HUF from relatives will not be charged to tax and spouse falls under the definition of relatives as per the Income Tax Act. 5. Interest on FDR made as on 01-08-2008 in the name of my wife Maya Jaiswal. TDS