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

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.

1. During the Course of Survey proceedings u/s 133A conducted on 05.10.2018, in your statement u/s 133A which was recorded on 05/10/2018(sic. 05.10.2017) in Q. 21, you were asked to explain undisclosed profit in your accounts during the FY 2016- 17 on the basis of data retrieved from your computer amounting to Rs 6,81,81,364/- in reference

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

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

6 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 expenditure is not called for, when the own funds available with the assessee exceeds the value of investments, because the presumption in that case is that the investments have been made out of own funds only. Accordingly, on both the counts discussed above, the disallowance made

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

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

6 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 expenditure is not called for, when the own funds available with the assessee exceeds the value of investments, because the presumption in that case is that the investments have been made out of own funds only. Accordingly, on both the counts discussed above, the disallowance made

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

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

6 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 expenditure is not called for, when the own funds available with the assessee exceeds the value of investments, because the presumption in that case is that the investments have been made out of own funds only. Accordingly, on both the counts discussed above, the disallowance made

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

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

6 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 expenditure is not called for, when the own funds available with the assessee exceeds the value of investments, because the presumption in that case is that the investments have been made out of own funds only. Accordingly, on both the counts discussed above, the disallowance made