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

4. From the perusal of the assessment order, it is noted that the Assessing Officer has denied deduction under section 80P(2)(a)(i) of the Act on the following grounds: :-3-: “i) Regional Rural Banks are not a society registered under Cooperative Society Act, 1912 as prescribed under section 2(19) of the Income

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

4. From the perusal of the assessment order, it is noted that the Assessing Officer has denied deduction under section 80P(2)(a)(i) of the Act on the following grounds: :-3-: “i) Regional Rural Banks are not a society registered under Cooperative Society Act, 1912 as prescribed under section 2(19) of the Income

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

4. From the perusal of the assessment order, it is noted that the Assessing Officer has denied deduction under section 80P(2)(a)(i) of the Act on the following grounds: :-3-: “i) Regional Rural Banks are not a society registered under Cooperative Society Act, 1912 as prescribed under section 2(19) of the Income

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

4. From the perusal of the assessment order, it is noted that the Assessing Officer has denied deduction under section 80P(2)(a)(i) of the Act on the following grounds: :-3-: “i) Regional Rural Banks are not a society registered under Cooperative Society Act, 1912 as prescribed under section 2(19) of the Income

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

4. From the perusal of the assessment order, it is noted that the Assessing Officer has denied deduction under section 80P(2)(a)(i) of the Act on the following grounds: :-3-: “i) Regional Rural Banks are not a society registered under Cooperative Society Act, 1912 as prescribed under section 2(19) of the Income

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

disallowed the difference amount of Rs. 8,22,70,213/- and added to total income of the appellant. Appellant's main contention is that AO has made the said addition of Rs.2,64,90,092/- owing to difference of two figures i.e. Rs. 2,73,59,647/- Rs. 8,69,555/-. However, as per Note no. 3 & 4

KAHM PROPERTIES PVT. LTD.,VARANASI vs. DC/ACIT, CENTRAL CIRCLE, VARANASI

In the result, the appeal of the assessee is allowed

Bench: Shri. B. R. Baskaran & Shri Amit Shuklaassessment Year:2018-19 M/S Kahm Properties Pvt. Ltd. V. The Dc/Acit B-21/192, Kamaccha Central Circle Varanasai Varanasi Tan/Pan:Aacck7739F (Appellant) (Respondent) Appellant By: Shri V. K. Jindal Respondent By: Shri A. K. Singh, D.R. Date Of Hearing: 26 09 2023 Date Of Pronouncement: 29 09 2023

4) shall be deemed to be amount of income under-reported for the preceding year in the following order— :-7-: (a) the preceding year immediately before the year in which the receipt, deposit or investment appears, being the first preceding year; and (b) where the amount added or deducted in the first preceding year is not sufficient to cover

M/S JAI AMBE AGRICULTURAL INDUSTRIES,VARANASI vs. D.C.I.T., CIRCLE - 2(1), VARANASI

In the result, the appeal filed by the assessee stands dismissed

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadaleassessment Year: 2019-2020 M/S Jai Ambe Agricultural The Dcit, Industries, Plot No. 211, V. Circle-2(1), Aayakar Bhawan, M A Marg, Churamanpur, Varanasi- Varanasi-221002,U.P. 221108,U.P. ( The Adi, Cpc, Bengaluru) Pan:Aahfj9428N (Appellant) (Respondent)

disallowing the deduction under section 36(1)(va) r.w.s. 2(24)(x) of Rs. 1,28,680/- towards delayed deposit with relevant fund of employee contribution towards PF / ESI collected by the assessee from employees which stood deposited late beyond the time provided under the relevant statute. It is an admitted position that Rs. 1,28,680/- was deducted

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

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

disallowed the claim of exemption and assessed the total receipts as total income of the assessee. The assessee filed appeal before the CIT(A) on 27.7.2022 against the order under section 143(1) of the Act dated 27.03.2017 of CPC. Therefore, there was a delay of 1950 days’ in filing the appeal before the CIT(A). The assessee filed

DY. COMMISSIONER OF INCOME TAX, CIRCLE - 01, VARANASI vs. PERFECT TECNO COUNSULTANTS PVT. LTD. , VARANASI

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

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadaleassessment Year: 2017-18 Dy. Commissioner Of Income Perfect Techno Consultants Pvt. Ltd., Tax, Circle-1, Aayakarbhawan, V. N-1/65-A, Narrotam Nagar Colony, M A Road, Varanasi- Nagwa, Lanka Varanasi-221005,U.P. 221002,U.P. Pan:Aagcp3236N (Appellant) (Respondent) Revenue By: Sh. Amalendunath Mishra, Cit Dr Assessee By: Sh. Mohammad Ashraf, C.A. Date Of Hearing: 11.04.2023 Date Of Pronouncement: 13.04.2023 O R D E R

4 Assessment Year: 2017-18 DCIT, Circle-1, Varanasi, U.P. v. Perfect Techno Consultants Pvt. Ltd. of Income-tax Rules, 1962 as well as provision of Section 250(1) and 250(2) of the Income-tax Act, 1961 are breached. The ld. CIT DR submitted that the submissions/evidences/ replies / explanations etc.filed by the assessee were accepted by learned

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.

4,53,64,232/- out of total purchases. The AO observed that the assessee has not provided any details to enable its verification. Thus, the AO observed that the assessee company has suppressed its profit by making unregistered purchases. The AO rejected books of accounts of the assessee company. Considering the facts and circumstances of the case, the AO disallowed

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)

4 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 40A(3) will not get attracted to these payments, since the relevant expenditure has not been claimed as expenditure in the Profit and Loss account. 5.4 In our view, there is fallacy in the above said argument of the assessee. The fact remains that the freight charges

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)

4 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 40A(3) will not get attracted to these payments, since the relevant expenditure has not been claimed as expenditure in the Profit and Loss account. 5.4 In our view, there is fallacy in the above said argument of the assessee. The fact remains that the freight charges

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)

4 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 40A(3) will not get attracted to these payments, since the relevant expenditure has not been claimed as expenditure in the Profit and Loss account. 5.4 In our view, there is fallacy in the above said argument of the assessee. The fact remains that the freight charges

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)

4 The Mahabir Jute Mills Ltd A.Ys 2009-10, 2014-15 & 2020-21 40A(3) will not get attracted to these payments, since the relevant expenditure has not been claimed as expenditure in the Profit and Loss account. 5.4 In our view, there is fallacy in the above said argument of the assessee. The fact remains that the freight charges

CHAMRU RAM,CHANDAULI vs. DC/ACIT, CIRCLE - 3, VARANASI

In the result, the appeal is partly allowed

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

disallowing Rs.1,38,143/- out of workman and staff welfare expenses. The learned CIT(A) has also erred and acted illegally in confirming the same. 4. Because the assessment is bad both on facts and in law and not maintainable.” (B) In this case, there was difference of opinion between Hon'ble Judicial Member and Hon'ble Accountant Member

VIMAL MISHRA,VARANASI vs. INCOME TAX OFFICER CIRCLE -3 VARANASI, VARANASI

In the result, the appeal of the assessee stands allowed

Bench: Shri Anadee Nath Misshra

disallowance @10%. No finding has been given by them, to explain how section 47(1) of ITAT, which is the relevant on this issue, has any applicability in the present case. No finding has been given either by the Assessing Officer or by the learned CIT(A) with respect to any specific sundry creditor to show that the sundry creditor

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)

section 271(1)(c) of Income Tax Act, 1961 without affording proper opportunity of being heard to the appellant. 4. Because on the facts and circumstances of the case and in law the learned Commissioner of Income Tax (Appeals), NFAC erred in upholding levying penalty of Rs. 2,13,250/- u/s 271 (1)(c) of Income Tax Act. 1961, levied

OBEETEE TEXTILES PVT. LTD.,MIRZAPUR vs. NATIONAL FACELESS ASSESSMENT CENTER, DELHI

In the result the appeal of the assessee is allowed

Bench: Br Baskaran & Shri Amit Shuklaobeetee Textiles Pvt. Ltd. Vs. National Faceless 93, Ward-9, Assessment Centre, Bisunderpur, Civil Lines, Delhi Mirzapur, Uttarpradesh-231312 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aaaco2596C Appellant .. Respondent

4. Since, already quantum of admissible depreciation has been accepted to be at ₹ 3,70,25,683/-,therefore, the AO is directed to correct figure of allowance, and grant depreciation on thisamount instead of taking system generated working of depreciation and delete the short disallowance of ₹ 3,39,505/-. 5. The next issue relates to deposits made in government account