VARANASI DEVELOPMENT AUTHORITY,VARANASEE vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

13 of the 1961 Act. The audit report under Section 44AB was also filed by the assessee in prescribed form No. 3CB and 3CD. The AO observed that the object of the assessee-authority as defined under Section 7 of the Uttar Pradesh Urban Planning and Development Act, 1973and as submitted by the assessee in written reply before

M/S. VARANASI DEVELOPMENT AUTHORITY,VARANASI vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), VARANASI

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

13 of the 1961 Act. The audit report under Section 44AB was also filed by the assessee in prescribed form No. 3CB and 3CD. The AO observed that the object of the assessee-authority as defined under Section 7 of the Uttar Pradesh Urban Planning and Development Act, 1973and as submitted by the assessee in written reply before

SMT. SEEMA SHAH,VARANASI vs. ITO, WARD-2(2), VARANASI

In the result, appeal of the assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2014-15 Smt. Seema Shah, Income Tax Officer, B-37/1F 2Kh, Haijnatha, Ward –2(2) V. Birdopur, Varanasi, U.P. Varanasi- 221010,Uttar Pradesh Pan:Aqpps9465C (Appellant) (Respondent)

13,99,840/- under the head 'Capital Gain’ made by the assessing officer and his action as confirmed by the Commissioner of Income Tax (Appeal) is highly, unjustified, incorrect and the appellant is liable to get benefit for investment made in the construction of another property while determining the 'Capital Gain'. 2. That in any view of the matter

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY CO-OPRATIVE BANK LTD., ,GORAKHPUR vs. ACIT, RANGE - 01,, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

house property chargeable under section 22. Explanation.—For the purposes of this section, an "urban consumers' co-operative society" means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment. (3) In a case where the assessee is entitled also to the deduction under [***] [section

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY COOPARATIVE BANK LTD.,,GORAKHPUR vs. ACIT, RANGE - 01,, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

house property chargeable under section 22. Explanation.—For the purposes of this section, an "urban consumers' co-operative society" means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment. (3) In a case where the assessee is entitled also to the deduction under [***] [section

N.E. RAILWAY EMPLOYEES MULTI STATE PRIMARY COOPERATIVE BANK LTD.,,GORAKHPUR vs. ACIT, RANGE - 01, GORAKHPUR

In the result, the appeals of the assessee for the assessment years 2009-

Bench: Hon’Ble Sh. Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharay: 2009-10 Ay: 2013-14 Ay: 2014-15 N.E. Railway Employees Multi State V. Acit, Primary Co-Operative Bank Ltd., Range-1, Gorakhpur Railway Colony, Mohaddipur Road, Gorakhpur, U.P. Pan-Aaajn0595P (Appellant) (Respondent) Appellant By: Anil Kumar Pandey, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 24.05.2022 Date Of Pronouncement: 09.06.2022 O R D E R

house property chargeable under section 22. Explanation.—For the purposes of this section, an "urban consumers' co-operative society" means a society for the benefit of the consumers within the limits of a municipal corporation, municipality, municipal committee, notified area committee, town area or cantonment. (3) In a case where the assessee is entitled also to the deduction under [***] [section

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

house property or in shares or in bands, without proving the factual existence of such an investment? There must be some starting point. It would be all too easy (and oppressive (sic) for an Income-tax Officer to say to an assessee that "your background shows that you have a lot of money. You must have invested it. Now tell

INDRA NARAYAN TRIPATHI,GORAKHPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, RANGE - 02,, GORAKHPUR

In the result, appeal filed by the assessee in ITA

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

house and he suffered from severe pain and was admitted to hospital, which was the main reason for delay in filing of the appeal. The assessee has enclosed a 4 ITA.No.05/VNS/2020 Sri Indra Narayan Tripathi, Gorakhpur. Assessment Year 2014-15 Certificate from Dr. Piyush Kr. Singh dated 15.12.2019 to support that assessee fell down from the roof

KANCHAN SARRAF,BALLIA vs. DC/ACIT, CENTRAL CIRCLE, VARANASI

In the result, the appeals of the assessees are allowed

Bench: Shri. B. R. Baskaran & Shri Amit Shuklaassessment Year:2018-19 Pramod Kumar V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Amypk5524D (Appellant) (Respondent) Assessment Year:2018-19 Kanchan Sarraf V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Ahnpd1118Q (Appellant) (Respondent) Assessment Year:2018-19 Yogesh Kumar Verma V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Amypk5523E (Appellant) (Respondent) Appellant By: S/Shri V.K. Jindal & Ashish Jindal, C.A. Respondent By: Shri Robin Chaudhary, Cit Date Of Hearing: 27 09 2023 Date Of Pronouncement: 05 10 2023 O R D E R

13,653/- in the case of Kanchan Sarraf; and at Rs.9,26,786/- in the case of Yogesh Kumar Verma. 3. The brief facts of the case are that a search and seizure action under section 132 of the I.T. Act was conducted at the residential and business premises of the assessees on 21.2.2018. During the course of assessment proceedings

YOGESH KUMAR VERMA,BALLIA vs. DC/ACIT, CC, VARANASI

In the result, the appeals of the assessees are allowed

Bench: Shri. B. R. Baskaran & Shri Amit Shuklaassessment Year:2018-19 Pramod Kumar V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Amypk5524D (Appellant) (Respondent) Assessment Year:2018-19 Kanchan Sarraf V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Ahnpd1118Q (Appellant) (Respondent) Assessment Year:2018-19 Yogesh Kumar Verma V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Amypk5523E (Appellant) (Respondent) Appellant By: S/Shri V.K. Jindal & Ashish Jindal, C.A. Respondent By: Shri Robin Chaudhary, Cit Date Of Hearing: 27 09 2023 Date Of Pronouncement: 05 10 2023 O R D E R

13,653/- in the case of Kanchan Sarraf; and at Rs.9,26,786/- in the case of Yogesh Kumar Verma. 3. The brief facts of the case are that a search and seizure action under section 132 of the I.T. Act was conducted at the residential and business premises of the assessees on 21.2.2018. During the course of assessment proceedings

PRAMOD KUMAR,BALLIA vs. DC/ACIT, CENTRAL CIRCLE, VARANASI

In the result, the appeals of the assessees are allowed

Bench: Shri. B. R. Baskaran & Shri Amit Shuklaassessment Year:2018-19 Pramod Kumar V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Amypk5524D (Appellant) (Respondent) Assessment Year:2018-19 Kanchan Sarraf V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Ahnpd1118Q (Appellant) (Respondent) Assessment Year:2018-19 Yogesh Kumar Verma V. The Dc/Acit, C/O D.P. Jewellers Central Circle Station Road, Chowk Varanasi Ballia Tan/Pan:Amypk5523E (Appellant) (Respondent) Appellant By: S/Shri V.K. Jindal & Ashish Jindal, C.A. Respondent By: Shri Robin Chaudhary, Cit Date Of Hearing: 27 09 2023 Date Of Pronouncement: 05 10 2023 O R D E R

13,653/- in the case of Kanchan Sarraf; and at Rs.9,26,786/- in the case of Yogesh Kumar Verma. 3. The brief facts of the case are that a search and seizure action under section 132 of the I.T. Act was conducted at the residential and business premises of the assessees on 21.2.2018. During the course of assessment proceedings

ACIT, CC,, VARANASI vs. M/S D.S. INFRAHEIGHTS PVT. LTD.,, VARANASI

In the result, both the appeals of the revenue are dismissed

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

3 Vatika Nirman Pvt. Ltd. & D.S. Infraheights Pvt. Ltd. basis of above said document, the assessment of both the assessees herein, were reopened under section 153C of the Act. 4. During the course of assessment proceedings, the Assessing Officer examined the shareholding pattern of both the assessee companies herein. He found that the shareholders of both the companies were

ACIT, CC, VARANASI vs. M/S VATIKA NIRMAN PVT. LTD.,, LUCKNOW

In the result, both the appeals of the revenue are dismissed

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

3 Vatika Nirman Pvt. Ltd. & D.S. Infraheights Pvt. Ltd. basis of above said document, the assessment of both the assessees herein, were reopened under section 153C of the Act. 4. During the course of assessment proceedings, the Assessing Officer examined the shareholding pattern of both the assessee companies herein. He found that the shareholders of both the companies were