RAEES ALAM SIDDIQUI,GHAZIPUR vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, the appeal of the assessee is allowed

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

penalty of Rs. 2,13,250/- u/s 271 (1)(c) of Income Tax Act. 1961, levied by assessing officer in absence of any satisfaction drawn that the 1 Raees Alam Siddiqui A.Y. 2015-16 disallowances

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

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.

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

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U. P.. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

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

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Section

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

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

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Section

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

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

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Section

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

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

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Section

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

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

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Section

DY. C. I. T., CIRCLE - 1, GORAKHPUR vs. BARODA UTTAR PRADESH GRAMIN BANK NOW AMALGAMATED WITH BARODA U.P. BANK, GORAKHPUR

In the result, the appeals of the Revenue are dismissed and the Cross Objections of the assessee are allowed

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

disallowed and added back to the total income. Penalty notice u/s 271(1) (c) is being issued separately. 6. Section

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

disallowed and added back to the income of the assessee. Penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961, is being

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

disallowed and added back to the income of the assessee. Penalty proceedings u/s 271(1)(c) of the Income Tax Act, 1961, is being

SHAILESH MANI TRIPATHI,GORAKHPUR vs. ACIT, CIRCLE - 1,, GORAKHPUR

In the result, appeal of the assessee in ITA No

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 Shailesh Mani Tripathi, Acit, Circle-1 384-E Infront Of Var- V. Gorakhpur, U.P. Vadhu Marriage House,Aarogyamandir, Shahpurrapti Nagar, Gorakhpur-273001, U.P. Pan:Aefpt 5272A (Appellant) (Respondent)

penalty u/s. 271(1)(c). 2. The ACIT has not considered the submission made during the course of hearing. 3. The ACIT has also not considered the Tax deposited by assessee.” 3. The brief facts of the case are that the assessee is a Development Officer in LIC, Gorakhpur. The assessee filed its return of income on 28.03.2014 declaring total

M.W.S. & CO.,BHADOHI vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, both the appeals are allowed

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 & Assessment Year: 2019-20 M.W.S. & Co., Naya Bazar V. Dy. Commissioner Of Income Tax, Road, Bhadohi-221401, Uttar Central Processing Centre (Cpc), Pradesh, India Bengaluru [Jurisdictional Assessing Pan-Aaffm2003E Officer Being Dy./Assistant Commissioner Of Income Tax, Range-1, Varanasi, U.P. (Appellant) (Respondent)

disallowance could be made if the payments are made before the due date of filing the return of income. This issue came before Hon'ble Supreme Court in the case of CIT v. Vinay Cement Ltd. which was a special leave petition filed by the department against the High Court Order of 26th June, 2006 in ITA No. 2/05

M.W.S. & CO.,BHADOHI vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, both the appeals are allowed

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 & Assessment Year: 2019-20 M.W.S. & Co., Naya Bazar V. Dy. Commissioner Of Income Tax, Road, Bhadohi-221401, Uttar Central Processing Centre (Cpc), Pradesh, India Bengaluru [Jurisdictional Assessing Pan-Aaffm2003E Officer Being Dy./Assistant Commissioner Of Income Tax, Range-1, Varanasi, U.P. (Appellant) (Respondent)

disallowance could be made if the payments are made before the due date of filing the return of income. This issue came before Hon'ble Supreme Court in the case of CIT v. Vinay Cement Ltd. which was a special leave petition filed by the department against the High Court Order of 26th June, 2006 in ITA No. 2/05

M/S RUGS MART,VARANASI vs. DCIT, CIRCLE - 03, VARANASI

In the result, appeal filed by the assesseeis in ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 Rugs Mart Deputy Commissioner Of Barhi Ewada V. Income Tax (Cpc), Centralized District Varanasi-221207 Processing Center , U.P. Bengaluru-560500 (The Dcit , Circle-3, Varanasi, U.P.) Pan:Aalfr4883R (Appellant) (Respondent)

disallowance could be made if the payments are made before the due date of filing the return of income. This issue came before Hon'ble Supreme Court in the case of CIT v. Vinay Cement Ltd. which was a special leave petition filed by the department against the High Court Order of 26th June, 2006 in ITA No. 2/05

LAWKUSH SHARMA,SONEBHADRA vs. INCOME TAX OFFICER, WARD - 3 (5), SONEBHADRA

In the result, appeal filed by the assessee is in ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 Lawkush Sharma Assistant Director Of Income 14-495, V.V. Colony, V. Tax (Cpc), Centralized Shakti Nagar, Sonebhadra- Processing Center , 231222, U.P. Bengaluru-560500 Pan:Artps9822Q (Appellant) (Respondent)

disallowance could be made if the payments are made before the due date of filing the return of income. This issue came before Hon'ble Supreme Court in the case of CIT v. Vinay Cement Ltd. which was a special leave petition filed by the department against the High Court Order of 26th June, 2006 in ITA No. 2/05

UTKARSH SMALL FINANCE BANK LTD.,VARANASI vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

In the result, appeal filed by the assessee is in ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 M/S. Utkarsh Small Finance National E-Assessment Centre, Bank Limited V. Delhi S-24/1-2, First Floor, Mahavir Nagar, Orderly Bazar, Near Mahavir Mandir, Varanasi- 221001, U.P. Pan:Aabcu9355J (Appellant) (Respondent)

disallowance could be made if the payments are made before the due date of filing the return of income. This issue came before Hon'ble Supreme Court in the case of CIT v. Vinay Cement Ltd. which was a special leave petition filed by the department against the High Court Order of 26th June, 2006 in ITA No. 2/05

BHUPENDRA NATH PANDEY,VARANASI vs. ACIT, R - 03, VARANASI

In the result, appeal filed by the assessee is in ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 Bhupendra Nath Pandey Assistant Director Of Income 6-159/27, Kashi Enclave V. Tax (Cpc), Centralized Colony, Pahadiya Sarnath, Processing Center , Varanasi-221007, U.P. Bengaluru-560500 (The Acit, Range-3, Varanasi, U.P.) Pan:Ajfpp1273J (Appellant) (Respondent)

disallowance could be made if the payments are made before the due date of filing the return of income. This issue came before Hon'ble Supreme Court in the case of CIT v. Vinay Cement Ltd. which was a special leave petition filed by the department against the High Court Order of 26th June, 2006 in ITA No. 2/05

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

penalty proceedings u/s 272A(1)(d) of the Act.” Again show cause notice was issued dated 15th November, 2019 requesting the assessee to compliance on or before 20th November, 2019 as under: “Your case is under scrutiny assessment u/s 143(3) of the Income Tax Act, 1961 for the A.Y-2017-18. In this connection a notice