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

disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2)(a)(i) of the Income Tax Act, 1961. 3. At the outset, the ld. Counsel for the Assessee submitted that similar issue has been decided by the Tribunal in the assessee’s own case, vide order dated 8.1.2021 for Assessment Years

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

disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2)(a)(i) of the Income Tax Act, 1961. 3. At the outset, the ld. Counsel for the Assessee submitted that similar issue has been decided by the Tribunal in the assessee’s own case, vide order dated 8.1.2021 for Assessment Years

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

disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2)(a)(i) of the Income Tax Act, 1961. 3. At the outset, the ld. Counsel for the Assessee submitted that similar issue has been decided by the Tribunal in the assessee’s own case, vide order dated 8.1.2021 for Assessment Years

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

disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2)(a)(i) of the Income Tax Act, 1961. 3. At the outset, the ld. Counsel for the Assessee submitted that similar issue has been decided by the Tribunal in the assessee’s own case, vide order dated 8.1.2021 for Assessment Years

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

disallowance of claim of deduction of rs.9,91,23,980/- under section 80P(2)(a)(i) of the Income Tax Act, 1961. 3. At the outset, the ld. Counsel for the Assessee submitted that similar issue has been decided by the Tribunal in the assessee’s own case, vide order dated 8.1.2021 for Assessment Years

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

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

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

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

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

INCOME TAX OFFICER, VARANASI vs. NEONATAL HEALTH ACADEMY, VARANASI

In the result, for statistical purposes, both appeals are partly allowed

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

3) read with section 144B of the I. T. Act on 28/09/2021 and determined the total income of the assessee at Rs.2,67,74,462/-, disallowing the assessee’s claim of conference and seminar expenses amounting to Rs.2,34,93,962/-. The disallowance was made by the Assessing Officer on the ground that the assessee did not furnish any details/explanation

INCOME TAX OFFICER, VARANASI vs. NEONATAL HEALTH ACADEMY, VARANASI

In the result, for statistical purposes, both appeals are partly allowed

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

3) read with section 144B of the I. T. Act on 28/09/2021 and determined the total income of the assessee at Rs.2,67,74,462/-, disallowing the assessee’s claim of conference and seminar expenses amounting to Rs.2,34,93,962/-. The disallowance was made by the Assessing Officer on the ground that the assessee did not furnish any details/explanation

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

3. Because the learned Assessing Officer has erred and acted illegally in 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

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

3) The amount of under-reported income shall be,— (i) in a case where income has been assessed for the first time,— (a) if return has been furnished, the difference between the amount of income assessed and the amount of income determined under clause (a) of sub- section (1) of section 143; (b) in a case where no return

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

M/S RAJENDRA PRASAD SRIVASTAVA,AZAMGARH vs. ACIT, RANGE - AZAMGARH, AZAMGARH

In the result, the appeal of the assessee is dismissed

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 M/S Rajendra Prasad Srivastava, Vs. Asstt. Commissioner Of Income Sarfuddinpur, Near Railway Tax, Range-Azamgarh Station, Azamgarh-276001 Pan-Aakfr2986A (Appellant) (Respondent) Appellant By: Sh.Hari N. Singh Bisen, C.A. Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 11.01.2023 Date Of Pronouncement: 07.02.2023

section 145(2) is also a decision inasmuch as it amounts to un acceptance of the method of accounting on the ground that the income, profits and gains can be properly deduced therefrom. It is therefore open to the AAC to reject the assessee's books of account which have been accepted by the ITO. Hence, the books of account

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.

Section 115BBE of the Act, vide assessment order dated 30.12.2019 passed by AO u/s 143(3). 3b. The AO , further observed that the assessee has provided details of expenses in Profit & Loss account as per seized documents and as per audited Balance Sheet, and while perusing this comparative chart , the AO observed that expenses debited in books of accounts

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)

3 Assessment Year: 2019-20 M/s Jai Ambe Agricultural Industries that it is an admitted position that the addition made was in respect to employees contribution of PF / ESI which was deposited late beyond the time prescribed for making payment under the relevant statute. It was submitted that Section 28 does not refer to income as stipulated under Section

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

disallowance of penalties and other payments made for infraction of law(Section 37(1)) , etc. etc. and so on and so forth, which has further bearing on computing income of the tax- payers chargeable to tax. The purpose of framing scrutiny assessment u/s 143(3) of the 1961 Act is , inter-alia, to see that the assessee is maintaining proper