SARVESH KUMAR AGARWAL HUF,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

5. - Reply to above referred notice dated 28.06.2017, 180-181 submitted on 29.06.2017 , along with Copies of : (i) Income & Expenditure Account of appellant HUF 182 as on 31.03.2015 183 (ii) Capital Account of HUF as on 31.03.2015 184 (iii) Balance Sheet as on 31.03.2015 6. 185 Additional information sought for on 03.07.2017, by the Ld. Assessing Officer, whereby specific query/information

VISHAL KANODIA,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

5. - Reply to above referred notice dated 28.06.2017, 180-181 submitted on 29.06.2017 , along with Copies of : (i) Income & Expenditure Account of appellant HUF 182 as on 31.03.2015 183 (ii) Capital Account of HUF as on 31.03.2015 184 (iii) Balance Sheet as on 31.03.2015 6. 185 Additional information sought for on 03.07.2017, by the Ld. Assessing Officer, whereby specific query/information

GOPI KRISHNA VINOD KUMAR HUF,GORAKHPUR vs. PCIT,, GORAKHPUR

In the result, appeal of the assessee is allowed

5. - Reply to above referred notice dated 28.06.2017, 180-181 submitted on 29.06.2017 , along with Copies of : (i) Income & Expenditure Account of appellant HUF 182 as on 31.03.2015 183 (ii) Capital Account of HUF as on 31.03.2015 184 (iii) Balance Sheet as on 31.03.2015 6. 185 Additional information sought for on 03.07.2017, by the Ld. Assessing Officer, whereby specific query/information

VINOD KUMAR SARAF HUF,GORAKHPUR vs. PCIT,, GORAKHPUR

In the result, appeal of the assessee is allowed

5. - Reply to above referred notice dated 28.06.2017, 180-181 submitted on 29.06.2017 , along with Copies of : (i) Income & Expenditure Account of appellant HUF 182 as on 31.03.2015 183 (ii) Capital Account of HUF as on 31.03.2015 184 (iii) Balance Sheet as on 31.03.2015 6. 185 Additional information sought for on 03.07.2017, by the Ld. Assessing Officer, whereby specific query/information

MOUSAMI CHOUDHURY,VARANASI vs. DY. CIT, RANGE - 02,, VARANASI

In the result , the appeal filed the assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, > [or sub- section (2) of section 73A] or sub-section (1) [or sub-section (3)] of section 74, [or sub-section (3) of section 74A], he may furnish, within the time allowed

MOUSAMI CHOUDHURY,VARANASI vs. DY. CIT, RANGE - 2, VARANASI

In the result , the appeal filed the assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

gains" and claims that the loss or any part thereof should be carried forward under sub-section (1) of section 72, or sub-section (2) of section 73, > [or sub- section (2) of section 73A] or sub-section (1) [or sub-section (3)] of section 74, [or sub-section (3) of section 74A], he may furnish, within the time allowed

AWADHESH KUMAR,BALLIA vs. ITO, WARD - 2(4), BALLIA

Bench: Shri.Vijay Pal Raoassessment Year: 2016-17 Awadhesh Kumar, V. Income Tax Officer, Arya Samaj Road, Ballia, Ward-2(4), Ballia, U.P. Uttar Pradesh Pan-Athpk1294N (Appellant) (Respondent) Appellant By: Sh. Praveen Godbole, C.A. Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 12.10.2022 Date Of Pronouncement: 14.10.2022 O R D E R

section 50C(2) of the Income Tax Act. 5. On the other hand, the learned DR has relied upon the orders of the authorities below. 6. I have considered the rival submissions as well as relevant material on record. The facts are not in dispute that the assessee has offered the short term 3 Awadhesh Kumar capital gain from sale

RADHEY SHYAM,AGRA vs. INCOME TAX OFFICER, WARD 2(3), VARANASI

In the result, the appeal of the assesseein ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year:2012-13 Shriradheyshyam Income Tax Officer, 308, Sector 16, Avasvikas Colony V. Ward-2(3),Aayakarbhawan, Sikandra,Agra-282007, U.P.. Maqboolalam Road Pan:Aikps7948H Varanasi-221002,U.P.. (Appellant) (Respondent)

5. Being aggrieved by appellate order passed by ld. CIT(A), the assessee filed second appeal with the Tribunal. The assessee did not appear before I.T.A. No.42/VNS/2022 Assessment Year:2012-13 11 RadheyShyam,Agra, U.P. v. ITO,Ward 2(3), Varanasi,U.P. Tribunalwhen this appeal was called for hearing before DB on 06.02.2023. Learned Sr. D.R. opened arguments before

MANTRA MAJESTIQUE ASSOCIATES AOP,,VARANASI vs. PCIT, VARANASI

In the result, the appeal of the assessee stands allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2016-17 Mantra Majestique Associates, V. Pr. Cit Aop Allahabad Flat No.22, S-20/53-1 Sunderam Villa, Varuna Bridge Budha Vihar Colony Varanasi Tan/Pan:Aadam0702H (Appellant) (Respondent) Appellant By: Shri V. K. Jindal, C.A. Respondent By: Smt. Abha Kala Chanda, Cit (Dr) Date Of Hearing: 12 08 2021 Date Of Pronouncement: 01 09 2021 O R D E R

capital gain on sale of land and building was not applicable in the assessee’s case. The assessee furnished, in compliance of the notice, complete books of account along with bills/vouchers and Bank statement. The Assessing Officer completed the assessment, vide order dated Page 4 of 6 3.5.2018, by making an addition of Rs.32,803/-, applying the provisions of section

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY CO-OPRATIVE BANK LTD., ,GORAKHPUR vs. ACIT, RANGE - 01,, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

gains attributable to such activities as does not exceed,— (i) where such co-operative society is a consumers' cooperative society, 80[one hundred] thousand rupees; and (ii) in any other case, [fifty] thousand rupees. Explanation.—In this clause, "consumers' co-operative society" means a society for the benefit of the consumers;] (d) in respect of any income

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY COOPERATIVE BANK LTD.,,GORAKHPUR vs. ACIT, RANGE - 01, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

gains attributable to such activities as does not exceed,— (i) where such co-operative society is a consumers' cooperative society, 80[one hundred] thousand rupees; and (ii) in any other case, [fifty] thousand rupees. Explanation.—In this clause, "consumers' co-operative society" means a society for the benefit of the consumers;] (d) in respect of any income

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY COOPARATIVE BANK LTD.,,GORAKHPUR vs. ACIT, RANGE - 01,, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

gains attributable to such activities as does not exceed,— (i) where such co-operative society is a consumers' cooperative society, 80[one hundred] thousand rupees; and (ii) in any other case, [fifty] thousand rupees. Explanation.—In this clause, "consumers' co-operative society" means a society for the benefit of the consumers;] (d) in respect of any income

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

5. Since, nobody appeared on behalf of the assessee nor any request for adjournment has been filed therefore, we do not have privilege to hear the assessee. However, we find that the assessee has been taking a consistent stand right from the assessment proceedings as well as before the CIT(A) that the amount advanced to the sister concerned

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

5. Since, nobody appeared on behalf of the assessee nor any request for adjournment has been filed therefore, we do not have privilege to hear the assessee. However, we find that the assessee has been taking a consistent stand right from the assessment proceedings as well as before the CIT(A) that the amount advanced to the sister concerned

M/S RAJENDRA PRASAD SRIVASTAVA,AZAMGARH vs. ACIT, RANGE - AZAMGARH, AZAMGARH

In the result, the appeal of the assessee is dismissed

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 M/S Rajendra Prasad Srivastava, Vs. Asstt. Commissioner Of Income Sarfuddinpur, Near Railway Tax, Range-Azamgarh Station, Azamgarh-276001 Pan-Aakfr2986A (Appellant) (Respondent) Appellant By: Sh.Hari N. Singh Bisen, C.A. Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 11.01.2023 Date Of Pronouncement: 07.02.2023

section 145(2) is also a decision inasmuch as it amounts to un acceptance of the method of accounting on the ground that the income, profits and gains can be properly deduced therefrom. It is therefore open to the AAC to reject the assessee's books of account which have been accepted by the ITO. Hence, the books of account