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 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

ANJU JHUNJHUNWALA,VARANASI vs. PCIT, VARANASI

In the result, appeal of the assessee is allowed

4. Notice under section 142(1) dated 28.06.2017 179 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

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

In the result, appeal of the assessee is allowed

4. Notice under section 142(1) dated 28.06.2017 179 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

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

In the result, appeal of the assessee is allowed

4. Notice under section 142(1) dated 28.06.2017 179 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

VISHAL KANODIA,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

4. Notice under section 142(1) dated 28.06.2017 179 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

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

In the result, appeal of the assessee is allowed

4. Notice under section 142(1) dated 28.06.2017 179 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

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

Capital 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

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

Capital 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

SHAMIMUL FATIMA,GORAKHPUR vs. ACIT, RANGE - 02, GORAKHPUR

In the result the appeal of the assessee is allowed

4. According to the AO, the assessee should have purchased the new asset before one year of date of transaction or should have invested within two years from the date of transaction of sale when the capital gain has arisen. The assessee has claimed Rs. 37 lacs invested in flat purchase from API in the year

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

capital gain on the basis of the full value consideration in terms of section 50C of the Income Tax Act by adopting the stamp duty valuation. The assessee challenged the action of the AO before the CIT(A) but could not succeed. 4

MANISH JAISWAL,GORAKHPUR vs. ADDL. CIT, (TDS), ALLAHABAD

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2016-17 Mr. Manish Jaiswal, Addl.Cit (Tds), Prop. New Manish Medical V. Allahabad-211001, U.P. Agencies Pashupati Market, Gandhi Park, Gorakhpur, U.P. Pan: Akdpj7675D (Appellant) (Respondent)

4. BECAUSE, without prejudice to the aforesaid, the seller had duly disclosed the capital gain in his return filed by him and there is overall no loss of revenue to the department, so looking to the facts in its entirely, the benefit of section

MIRZA ARIF BEG,GORAKHPUR vs. ACIT, RANGE - 1, GORAKHPUR

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

Bench: Hon’Ble Sh.Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharassessment Year: 2014-15 Mirza Arif Beg, V. Commissioner Of Income Tax, H. No. 184-B, New Colony, New Range-1, Gorakhpur Beniganj Chowk, Jafra Bazar, Gorakhpur, U.P. Pan-Abxpb6421C (Appellant) (Respondent) Appellant By: Sh. Subhash Chand, Advocate Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 26.05.2022 Date Of Pronouncement: 26.05.2022

4. We have considered the rival submissions as well as the relevant material on record. The main dispute is regarding denial of deduction under section 54F of the Act and the other grounds raised by the assessee are only consequential when after the claim of deduction under section 54F the capital gain

AJAY KUMAR AGRAWAL (HUF),VARANASI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE,, VARANASI

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

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharay: 2014-15 Ajay Kumar Agrawal (Huf), V Assistant Commissioner Of 72, Jawahar Nagar Extension Bhelupur, . Income Tax, Central Circle, Varanasi-221005, Uttar Pradesh, India Varanasi Pan-Aagha9912D (Appellant) (Respondent) Appellant By: Sh. Asim Zafar, Adv Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 07.07.2022 Date Of Pronouncement: 07.07.2022 O R D E R

Capital Gain by invoking the provisions of section 68 of the Income Tax Act. The assessee challenged the original assessment order and filed appeal before the CIT(A) and thereafter, the matter was carried to this Tribunal in ITA No.50/VNS/2019. In the meantime, the assessee opted for Vivad Se Vishwas Scheme, 2020 to settle the tax disputes arising from

SUJIT KUMAR AGRAWAL (HUF),VARANASI vs. ACIT, CC, VARANASI

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

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharay: 2014-15 Sujit Kumar Agrawal (Huf) V Assistant Commissioner Of 72, Jawahar Nagar Extension Bhelupur, . Income Tax, Central Circle, Varanasi-221005, Uttar Pradesh Varanasi Pan-Aaohs5397C (Appellant) (Respondent) Appellant By: Sh. Asim Zafar, Adv Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 07.07.2022 Date Of Pronouncement: 07.07.2022 O R D E R

Capital Gain by invoking the provisions of section 68 of the Income Tax Act. The assessee challenged the original assessment order and filed appeal before the CIT(A) and thereafter, the matter was carried to this Tribunal in ITA No.53/VNS/2019. In the meantime, the assessee opted for Vivad Se Vishwas Scheme, 2020 to settle the tax disputes arising from

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)

CAPITAL GAIN is wholly wrong and against the facts of the case. 3. That in any case the authorities below have not allowed the proper opportunity to explain the case. 4. That the authorities below have erred in holding the cost of acquisition of property to be nil as per provision of the Income Tax Act read with section

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

MEENA DEVI,BALLIA vs. INCOME TAX OFFICER, WARD - 2(4), BALLIA

In the result, appeal of the assessee is allowed

Bench: The Ld. Cit (A) It Was Challenged That Taking The Sale Consideration As Per The Stamp Valuation Authority U/S.50C Is Beyond The Scope Of Section 143(1)(A) & There Is No Such Provision Mentioned In Provision (I) To (Vi) To Make Such An Adjustment. Further, It Was Contended That The Assessee Had Disputed The Valuation U/S.50C Before The Ld. Ao In The Petition For Rectification U/S. 154, However, Same Has Not Been Accepted. However, The Ld. Cit (A) Has Confirmed The Addition On The Ground That The Provision Of Section 50C Is Clear That The Value Has To Be Taken As Per The Stamp Valuation Authority & Therefore, The Ld. Ao Has Rightly Made The Adjustment.

capital gain instead of sale consideration shown by the assessee. Thereafter, assessee filed an application u/s.154 and in the rectification of intimation u/s.143(1) r.w.s. 154 on 19/01/2021, the same was not considered and the original processing order was retained. 3. Before the ld. CIT (A) it was challenged that taking the sale consideration as per the stamp valuation authority