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6 results for “depreciation”+ Deductionclear

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Key Topics

Section 40A(3)28Section 80P(2)(a)6Addition to Income6Section 143(3)5Deduction5Disallowance5Survey u/s 133A5Section 133A4Section 14A4Section 4

DY. COMMISSIONER OF INCOME TAX CIRCLE, SULTANPUR vs. M/S KANPUR KSHETRIYA GRAMIN BANK, KANPUR

In the result, the appeal filed by the Revenue is dismissed

ITA 298/ALLD/2008[2000-01]Status: DisposedITAT Varanasi26 Sept 2023AY 2000-01

Bench: Shri B.R. Baskaran & Shri Amit Shuklaassessment Year: 2000-01 Dcit, Vs M/S Baroda Up Bank Circle-1, (Earlier Known As Kanpur Kshatriya Gorakhpur. Gramin Bank & Since Amalgamated With Baroda Up Bank) Gorakhpur. Pan: Aabck0383Q (Appellant) (Respondent) Assessee By : Shri S.K. Garg, Ca Revenue By : Shri Robin Chaudhary, Cit-Dr Date Of Hearing : 25.09.2023 Date Of Pronouncement : 26.09.2023 Order Per B.R. Baskaran, Am: The Revenue Has Filed This Appeal Challenging The Order Dated 02.07.2008 Passed By The Ld.Cit(A)-Ii, Kanpur & It Relates To The Assessment Year 2000-01. The Only Ground Raised By The Revenue Reads As Under:- “That The Ld.Cit(Appeal) Ii, Kanpur Has Erred In Law & On Facts In Deleting The Entire Income Of The Assesse As Exempt & Without Appreciating That The Addition By The Ao On The Points Of Depreciation, Gratuity, P.F., Penalty Provisions For Npa & Disallowance Of Share Capital Deposits Are Not Covered U/S 80P(2)(A)(I) Of The I.T. Act.” 2. We Have Heard The Parties & Perused The Record. The Assesse Was Earlier Known As Kanpur Kshatriya Gramin Bank. It Has Been Amalgamated Into Baroda U.P. Bank. The Assessee Filed The Return Of Income For The Year Under Consideration Declaring Nil Income After Claiming Deduction U/S 80P(2)(A)(I) Of The Act. The Ao Took The View That The Assessee Is Not Eligible For The Above-Said Deduction For The Reason That The Assessee Had Engaged Itself During The Year In Normal Banking Business. Accordingly, He Rejected The Claim For Deduction U/S 80P(2)(A)(I) Of The Act. The Ao Also Made Various Additions To The Business Income Returned By The Assessee. The Assessee Had Declared A Net Profit Of Rs.5.69 Crores & The Ao Computed Total Income At Rs.10.85 Crores.

For Appellant: Shri S.K. Garg, CAFor Respondent: Shri Robin Chaudhary, CIT-DR
4
Section 80P(2)(a)

depreciation, gratuity, P.F., penalty provisions for NPA and disallowance of share capital deposits are not covered u/s 80P(2)(a)(i) of the I.T. Act.” 2. We have heard the parties and perused the record. The assesse was earlier known as Kanpur Kshatriya Gramin Bank. It has been amalgamated into Baroda U.P. Bank. The assessee filed the return of income

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

ITA 351/ALLD/2014[2009-10]Status: DisposedITAT Varanasi16 Nov 2023AY 2009-10

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

deduction there for has been allowed. In all other cases including the case of a credit representing the sale proceeds of an asset, the provisions of section 68 are applicable and it is for the assessee to prove satisfactorily the nature and source of the monies……. ” 8.6 Similar view has been expressed by Hon’ble Delhi High Court

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

ITA 448/ALLD/2014[2009-10]Status: DisposedITAT Varanasi16 Nov 2023AY 2009-10

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

deduction there for has been allowed. In all other cases including the case of a credit representing the sale proceeds of an asset, the provisions of section 68 are applicable and it is for the assessee to prove satisfactorily the nature and source of the monies……. ” 8.6 Similar view has been expressed by Hon’ble Delhi High Court

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

ITA 217/ALLD/2017[2014-15]Status: DisposedITAT Varanasi16 Nov 2023AY 2014-15

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

deduction there for has been allowed. In all other cases including the case of a credit representing the sale proceeds of an asset, the provisions of section 68 are applicable and it is for the assessee to prove satisfactorily the nature and source of the monies……. ” 8.6 Similar view has been expressed by Hon’ble Delhi High Court

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

ITA 13/VNS/2023[2020-2021]Status: DisposedITAT Varanasi16 Nov 2023AY 2020-2021

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

deduction there for has been allowed. In all other cases including the case of a credit representing the sale proceeds of an asset, the provisions of section 68 are applicable and it is for the assessee to prove satisfactorily the nature and source of the monies……. ” 8.6 Similar view has been expressed by Hon’ble Delhi High Court

DY. COMMISSIONER OF INCOME TAX, CIRCLE - 01,, VARANASI vs. M/S RATANDEEP GOLD & DIAMOND PVT. LTD., CHANDAULI

ITA 136/VNS/2020[2017-2018]Status: DisposedITAT Varanasi03 Feb 2023AY 2017-2018

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2017-18 The Deputy Commissioner M/S Ratandeep Gold & Diamond Of Income Tax, V. Pvt. Ltd. Circle-1, M A Road, 19, New Mohal, Varanasi-211001, U.P. Near Balika Inter College, Mugalsarai, Chandauli- 232101, U.P. Pan:Aahcr4764Q (Appellant) (Respondent) C.O. No. 02/Vns/2021 (Arising Out Of Ita No. 136/Vns/2020) Assessment Year: 2017-18 M/S Ratandeep Gold & The Deputy Commissioner Of Diamond Pvt. Ltd. V. Income Tax,Circle-1, M.A. Road 19, New Mohal, Varanasi-211001, U.P. Near Balika Inter College, Mugalsarai, Chandauli- 232101, U.P.

For Appellant: Shri Shishir Bajpai, CAFor Respondent: Shri Amalendu Nath Mishra, CIT DR
Section 143(3)Section 69A

depreciation of Rs. 5,70,537/-). Hence, the remaining AY:2017-18 DCIT , Circle-1, Varanasi , U.P. v. M/s. Ratandeep Gold & Diamond Pvt. Ltd.,Chandauli,U.P. expenses debited after date of survey viz. 05.10.2017 were disallowed by the AO amounting to Rs. 11,43,949/- as unexplained expenses u/s 69C. 3c. The AO further observed that the assessee has made