VISHAL KANODIA,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

3) accepting the return of income and also the long term capital gain. 4. The ld. CIT on examination of records was of the view that order passed by the AO was erroneous in so far as prejudicial to the interest of the Revenue. Accordingly, he issued detailed show-cause notice to the assessee which has been incorporated

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

In the result, appeal of the assessee is allowed

3) accepting the return of income and also the long term capital gain. 4. The ld. CIT on examination of records was of the view that order passed by the AO was erroneous in so far as prejudicial to the interest of the Revenue. Accordingly, he issued detailed show-cause notice to the assessee which has been incorporated

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

In the result, appeal of the assessee is allowed

3) accepting the return of income and also the long term capital gain. 4. The ld. CIT on examination of records was of the view that order passed by the AO was erroneous in so far as prejudicial to the interest of the Revenue. Accordingly, he issued detailed show-cause notice to the assessee which has been incorporated

ANJU JHUNJHUNWALA,VARANASI vs. PCIT, VARANASI

In the result, appeal of the assessee is allowed

3) accepting the return of income and also the long term capital gain. 4. The ld. CIT on examination of records was of the view that order passed by the AO was erroneous in so far as prejudicial to the interest of the Revenue. Accordingly, he issued detailed show-cause notice to the assessee which has been incorporated

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

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

7,64,762/- as directed vide certificate no. 221475850200121 dated 20.01.2021. 3. Because the dispute that had been settled under DTVSVS related to the assessment order dated 28.12.2016 passed originally under section 143(3) by the ld. Income Tax Officer, Ward-2(2), Varanasi and the issue involved in the 1st appeal related to an altogether different issue

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

7,67,192/- as directed vide certificate no. 221471660200121dated 20.01.2021. 3. Because the dispute that had been settled under DTVSVS related to the assessment order dated 28.12.2016 passed originally under section 143(3) by the ld. Income Tax Officer, Ward-2(2), Varanasi and the issue involved in the 1st appeal related to an altogether different issue, as had been

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

In the result the appeal of the assessee is allowed

3 AY 2013-14 Shamimul Fatima the capital gain has arisen in March 2013. Therefore,he held that assessee should have invested in the property within one year from the date of transaction or should have deposited in the bank under the capital gain scheme. Accordingly, he denied the exemption u/s 54F. 5.The Ld. CIT(A) has confirmed said order

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)

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

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)

7 Assessment Year: 2016-17 Manish Jaiswal vs. Addl. CIT general presumption that ignorance of law is not an excuse . The assessee has claimed that no prejudice is caused to Revenue , as the seller has declared the capital gains on sale of plot of land in the return of income filed with Revenue and paid due taxes to government

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

3. Please explain capital gains/loss is genuine and has been correctly shown in the return of income. Please justify the same with supporting documents and evidences.” 5. APB:17 is a copy of notice dated 10.8.2017 issued under section 143(2) of the Act by the ITO-1(1), Varanasi, for “Limited Scrutiny (Computer Aided Scrutiny Selection)”. Therein, the following

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

capital gains. 3. Because the Commissioner of Income Tax Appeal has erred in law of facts in confirming the addition of Rs. 3,39,900/- on account of Commission. 4. Because the Commissioner of Income Tax Appeal has erred in law of facts in confirming the addition of Rs. 10,65,509/- on Caretaker Expenses. 5. Because in view

GORAKH NATH YADAV,VARANASI vs. ITA, WARD - 3(4), VARANASI

In the result, appeal of the assessee is allowed

capital gain before the ld. AO, 3 Shri Gorakh Nath Yadav has not specified any charge as to under which limb he is initiating the penalty u/s 271(1)(c). Even in the show-cause notice, the charge has not been specified. Now, it is a well settled law that the ld. AO has to specify the charge

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

7. The assessee filed its return of income for the assessment year 2009-10 on 30th September, 2009 declaring total income at nil after claiming deduction /exemption under section 80P(2)(a)(i) of the Income Tax Act at Rs. 37,28,310/-. The Assessing Officer issued notice under section 148 to initiate the proceedings under 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

7. The assessee filed its return of income for the assessment year 2009-10 on 30th September, 2009 declaring total income at nil after claiming deduction /exemption under section 80P(2)(a)(i) of the Income Tax Act at Rs. 37,28,310/-. The Assessing Officer issued notice under section 148 to initiate the proceedings under section

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

7. The assessee filed its return of income for the assessment year 2009-10 on 30th September, 2009 declaring total income at nil after claiming deduction /exemption under section 80P(2)(a)(i) of the Income Tax Act at Rs. 37,28,310/-. The Assessing Officer issued notice under section 148 to initiate the proceedings under section