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17 results for “condonation of delay”+ Section 10clear

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Mumbai1,706Delhi1,395Chennai1,275Pune815Bangalore799Kolkata783Ahmedabad691Hyderabad690Jaipur628Chandigarh370Raipur346Surat330Nagpur275Indore264Visakhapatnam252Rajkot223Lucknow214Cochin209Amritsar204Patna147Cuttack121Panaji101Agra76SC56Jodhpur52Dehradun51Guwahati48Allahabad29Jabalpur28Ranchi23Varanasi17A.K. SIKRI ROHINTON FALI NARIMAN2R.M. LODHA ANIL R. DAVE1A.K. SIKRI N.V. RAMANA1DIPAK MISRA R.K. AGRAWAL PRAFULLA C. PANT1

Key Topics

Section 20115Section 143(3)12Addition to Income8Limitation/Time-bar7Long Term Capital Gains6Revision u/s 2636Section 2635Section 1445Section 253(3)

BRIJ BIHARI DUBEY EDUCATIONAL TRUST,GORAKHPUR vs. THE DEPUTY/ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTION, LUCKNOW

In the result, appeal of the assessee is dismissed

ITA 45/VNS/2022[2014-2015]Status: DisposedITAT Varanasi24 Feb 2023AY 2014-2015

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2014-15 Brij Bihari Dubey Educational Trust, Vs. The Deputy Commissioner C-251, Budh Vihar, Taramandal, Of Income Tax-Cpc, Gorakhpur-273001, Uttar Pradesh Bangalore Pan-Aabtb7657D (Appellant) (Respondent) Appellant By: Sh. Subhash Chand, Adv & Sh. Ashutosh Bhardwaj, Adv Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 09.02.2023 Date Of Pronouncement: 24.02.2023 O R D E R

For Appellant: Sh. Subhash Chand, Adv & ShFor Respondent: Sh. A.K. Singh, Sr. DR
Section 11Section 12ASection 143(1)Section 143(1)(a)Section 154

condonation of delay in a mechanical or routine manner will jeopardize the legislative intent behind Section 5. 4.12. The Hon'ble SC in the case of Shiv Dass v. Union of India (UOI) and Ors,, AIR 2007 SC 1330 held that the High Courts, while exercising their discretionary powers under Article 226, should consider delay or lapses and, refuse

5
Capital Gains5
Penny Stock5
Survey u/s 133A5

SHRI PRAKASH YADAV,BALLIA vs. INCOME TAX OFFICE, WARD - 2(4), BALLIA

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

ITA 51/VNS/2022[2012-2013]Status: HeardITAT Varanasi12 Jan 2023AY 2012-2013

Bench: Ramit Kocharassessment Year:2012-13 Shri Prakash Yadav, Income Tax Officer, Rampur, Boha, Akhar, V. Ward-2(4), Ballia-277401, Uttar Pradesh Ballia-277401, U.P. Pan:Agvpy3320Q (Appellant) (Respondent)

Section 144Section 147Section 148Section 210Section 249(4)(b)Section 250

condone 29 days delay in filing this appeal with tribunal belatedly by the assessee beyond the time prescribed u/s 253(3) of the 1961 Act.I , now, proceed to hear the appeal on merits. 4. The assessee did not file return of income with the Revenue for impugned assessment year. Notice u/s 148 dated 27.03.2019 was issued by AO, which

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

In the result, appeal of the assessee is allowed

ITA 252/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

delay in filing of the appeal is condoned. 20. The brief facts of the case are that the return of income was filed on 28/08/2015, declaring total income of Rs.16,23,280/-. In the return of income assessee has claimed exemption of long term capital gain earned from sale of shares at Rs.49,83,123/-. The assessee had earned long

VISHAL KANODIA,VARANASI vs. PCIT,, VARANASI

In the result, appeal of the assessee is allowed

ITA 85/VNS/2019[2014-2015]Status: DisposedITAT Varanasi07 Dec 2023AY 2014-2015
Section 143(3)Section 263

delay in filing of the appeal is condoned. 20. The brief facts of the case are that the return of income was filed on 28/08/2015, declaring total income of Rs.16,23,280/-. In the return of income assessee has claimed exemption of long term capital gain earned from sale of shares at Rs.49,83,123/-. The assessee had earned long

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

In the result, appeal of the assessee is allowed

ITA 112/VNS/2020[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

delay in filing of the appeal is condoned. 20. The brief facts of the case are that the return of income was filed on 28/08/2015, declaring total income of Rs.16,23,280/-. In the return of income assessee has claimed exemption of long term capital gain earned from sale of shares at Rs.49,83,123/-. The assessee had earned long

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

In the result, appeal of the assessee is allowed

ITA 111/VNS/2020[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

delay in filing of the appeal is condoned. 20. The brief facts of the case are that the return of income was filed on 28/08/2015, declaring total income of Rs.16,23,280/-. In the return of income assessee has claimed exemption of long term capital gain earned from sale of shares at Rs.49,83,123/-. The assessee had earned long

ANJU JHUNJHUNWALA,VARANASI vs. PCIT, VARANASI

In the result, appeal of the assessee is allowed

ITA 198/VNS/2019[2015-2016]Status: DisposedITAT Varanasi07 Dec 2023AY 2015-2016
Section 143(3)Section 263

delay in filing of the appeal is condoned. 20. The brief facts of the case are that the return of income was filed on 28/08/2015, declaring total income of Rs.16,23,280/-. In the return of income assessee has claimed exemption of long term capital gain earned from sale of shares at Rs.49,83,123/-. The assessee had earned long

RISHIKESH SHUKLA,SINGRAULI vs. ITO, WARD - III (1), MIRZAPUR

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

ITA 124/VNS/2020[2009-2010]Status: DisposedITAT Varanasi19 May 2023AY 2009-2010

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadaleassessment Year:2009-10 Shri Rishikesh Shukla, Income Tax Officer, S/O Shri K. P. Shukla, V. Ward-Iii(1), Sharma Colony, Mirzapur,U.P.. Waidhan,Singrauli-486886, Madhya Pradesh . Pan:Bcmps8094M (Appellant) (Respondent)

Section 143(3)Section 147Section 148Section 253(3)

condone the delay in filing this appeal late by the assessee beyond the time prescribed u/s 253(3) of the 1961 Act, and proceed to adjudicate this appeal on merit in accordance with law. 4. The brief facts of the case are that as per the database of the Department, the assessee has deposited cash in his savings bank account

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

ITA 135/VNS/2020[2017-2018]Status: DisposedITAT Varanasi05 Jan 2026AY 2017-2018

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 124(1)(a)Section 124(2)Section 124(3)(a)Section 250(1)Section 255(4)Section 69A

condoning the delay citing the reasons for the delay in filing before the Delhi benches, if so advised. 8. In the result, the appeal filed by the revenue is dismissed. 9. Order pronounced in the open court on 26.09.2023. (AMIT SHUKLA) ACCOUNTANT MEMBER Dated 26th September, 2023. 8. In view of the above discussion, I find that after the judgement

INCOME TAX OFFICER, WARD - 02 (04),, BALLIA vs. PREM SHANKAR VERMA,, BALLIA

In the result, the appeal of the Revenue is dismissed and the cross objection of the assessee is dismissed

ITA 134/VNS/2020[2017-2018]Status: DisposedITAT Varanasi26 Sept 2023AY 2017-2018

Bench: Shri. B. R. Baskaran & Shri Amit Shuklaassessment Year:2017-18 The Income Tax Officer V. Shri Prem Shankar Verma Ward – 02(04) Sripur. Takarsan Ballia Ballia Tan/Pan:Adopv7563Q (Appellant) (Respondent) C.O. No.03/Vns/2021 [Arising Out Of Ita No.134/Vns/134] Assessment Year:2017-18 Shri Prem Shankar Verma V. The Income Tax Officer Sripur. Takarsan Ward – 02(04) Ballia Ballia Tan/Pan:Adopv7563Q (Cross Objector) (Respondent)

For Appellant: Shri Arvind Shukla, AdvocateFor Respondent: Shri A. K. Singh, D.R
Section 143(3)

section 143(3) of the Income Tax Act, 1961. The assessee has filed cross objection in support of the order of the ld. CIT(A). :-2-: 2. There is a delay of 14 days in filing of the cross objection. As per the application for condonation of delay, supported by the Medical Certificate of Dr. J. P. Shukla of Sharda

RAKESH KUMAR GUPTA,GHAZIPUR vs. ITO, WARD - 3(5), GHAZIPUR

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 18/VNS/2023[2017-2018]Status: DisposedITAT Varanasi13 Apr 2023AY 2017-2018

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadalerakesh Kumar Gupta, Vs. Income Tax Officer, Bakharipur, Ward 3(5), Mohammadabad, Ghazipur District- Ghazipur Uttar Pradesh. Uttar Pradesh Pan/Gir No. : Axhpg7724R Appellant .. Respondent Appellant By : Shri O.P. Shukla & Shri Ashutosh Barnwal, Advocates.Ar Respondent By : Shri A.K. Singh. Dr Date Of Hearing 12.04.2023 Date Of Pronouncement 12.04.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit(A) Passed U/S. 250 Of The Income Tax Act, 1961. Rakesh Kumar Gupta 2. At The Time Of Hearing, Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Appeal & The Assessee Was Suffering From Cancer & Filed An Application For Condonation Of Delay Along With Details Of Medical Diagnosis To Substantiate The Reasonable Cause For Delay Of 151 Days In Filing The Appeal. We Have Considered The Facts Mentioned In The Condo Nation Application & Supporting The Evidences & Find That The Assessee Has Explained The Reasonable Cause For The Delay & The Ld. Dr Has No Serious Objections. Accordingly,We Condone The Delay & Admit The Appeal & Heard.

For Appellant: Shri O.P. Shukla, And Shri Ashutosh BarnwalFor Respondent: Shri A.K. Singh. DR
Section 115Section 133(6)Section 143(2)Section 144Section 250Section 69

condone the delay and admit the appeal and heard. 3. The assessee has raised the following grounds of appeal: “1. Because, appellate order passed by learned CIT (Appeals) is bad in law as well as facts and liable to be canceled. 2. Because, learned CIT (Appeals) was not justified to make addition on amount Rs.2227054/- treating dimmed Income

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

In the result, the appeal of the assesseein ITA No

ITA 42/VNS/2022[2012-2013]Status: DisposedITAT Varanasi07 Feb 2023AY 2012-2013

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)

Section 143(2)Section 144Section 148Section 250Section 253(3)Section 48

section 253(3) of the Act. The assessee has filed an application explaining reasons for delay in filing this appeal late beyond the time prescribed u/s 253(3) , in which assessee has claimed that the assessee had sent the appeal, by Speed Post on 19th October, 2022 , while I.T.A. No.42/VNS/2022 Assessment Year:2012-13 3 RadheyShyam,Agra

SINGHAL AGENCIES,AZAMGARH vs. INCOME TAX OFFICER, WARD - 3(4), AZAMGARH

In the result, appeal of the assessee is partly allowed

ITA 27/VNS/2023[2017-2018]Status: DisposedITAT Varanasi16 Oct 2023AY 2017-2018
Section 144Section 246ASection 270A

section 270A for the year under consideration. Later, when the partner of the assessee firm was stabilized, he has rejoined the activities of the firm in the month of July, 2022, then he realized about non-filing of the appeal against the appellate order dated 25.11.2021. Soon thereafter, he contacted our chartered accountant for this purpose and handed over

CHIEF MEDICAL OFFICER,CHANDAULI vs. INCOME TAX OFFICER, TDS - 1, VARANASI

In the result, appeals of the assessee are dismissed

ITA 5/VNS/2023[2012-2013]Status: DisposedITAT Varanasi05 Oct 2023AY 2012-2013

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri Arvind Shukla, AdvocateFor Respondent: Shri A. K. Singh, D.R
Section 201Section 201(1)

10 2023 O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeals have been filed by the assessee against separate impugned orders of even date 27.12.2021, passed by the ld. CIT(A), NFAC, Delhi for Assessment Years 2012-13, 2013-14 and 2014-15. In all the appeals, the only issue involved relates to levying of interest under

CHIEF MEDICAL OFFICER, ,CHANDAULI vs. INCOME TAX OFFICE, TDS - 1, VARANASI

In the result, appeals of the assessee are dismissed

ITA 6/VNS/2023[2013-2014]Status: DisposedITAT Varanasi05 Oct 2023AY 2013-2014

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri Arvind Shukla, AdvocateFor Respondent: Shri A. K. Singh, D.R
Section 201Section 201(1)

10 2023 O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeals have been filed by the assessee against separate impugned orders of even date 27.12.2021, passed by the ld. CIT(A), NFAC, Delhi for Assessment Years 2012-13, 2013-14 and 2014-15. In all the appeals, the only issue involved relates to levying of interest under

CHIEF MEDICAL OFFICER,CHANDAULI vs. INCOME TAX OFFICER, TDS - 1, VARANASI

In the result, appeals of the assessee are dismissed

ITA 7/VNS/2023[2014-2015]Status: DisposedITAT Varanasi05 Oct 2023AY 2014-2015

Bench: Shri. B. R. Baskaran & Shri Amit Shukla

For Appellant: Shri Arvind Shukla, AdvocateFor Respondent: Shri A. K. Singh, D.R
Section 201Section 201(1)

10 2023 O R D E R PER AMIT SHUKLA, J.M.: The aforesaid appeals have been filed by the assessee against separate impugned orders of even date 27.12.2021, passed by the ld. CIT(A), NFAC, Delhi for Assessment Years 2012-13, 2013-14 and 2014-15. In all the appeals, the only issue involved relates to levying of interest under

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

In the result, appeal of the assessee is allowed

ITA 26/VNS/2023[2004-2005]Status: DisposedITAT Varanasi16 Oct 2023AY 2004-2005
Section 271(1)(c)Section 274

delay in filing of the appeal is condoned and the appeal is admitted for hearing. 4. The assessee is aggrieved by penalty of Rs.3,50,162/- on account of addition made under the head long term capital gain of Rs.16,10,438/-. Before us, ld. Counsel for the assessee at the outset submitted that, firstly while initiating the penalty proceedings