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

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

MOUSAMI CHOUDHURY,VARANASI vs. DY. CIT, RANGE - 2, VARANASI

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

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

4. The assessee preferred an appeal before the Ld. CIT(Appeal), Varanasi against the addition of Rs. 1.37 Crore. The written submission consist of statement of facts of appeal and submission before Hon'ble Commissioner of Income Tax(Appeal) stating that she is a house-wife having no source of income. She has not done any business

MOUSAMI CHOUDHURY,VARANASI vs. DY. CIT, RANGE - 02,, VARANASI

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

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

4. The assessee preferred an appeal before the Ld. CIT(Appeal), Varanasi against the addition of Rs. 1.37 Crore. The written submission consist of statement of facts of appeal and submission before Hon'ble Commissioner of Income Tax(Appeal) stating that she is a house-wife having no source of income. She has not done any business

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)

sections of the IT Act is highly unjustified and illegal in the facts and circumstances of the case. 6. That in any view of the matter the appellant reserves his right to take any further ground of appeal before hearing of the appeal.” 2 Assessment Year: 2014-15 Smt. Seema Shah v. ITO 3. This appeal is almost five years

M/S. VARANASI DEVELOPMENT AUTHORITY,VARANASI vs. ASSISTANT COMMISSIONER OF INCOME TAX , VARANASI

In the result appeal filed by assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

sections of the society in pursuance of the Constitution of India under which every State Government is responsible for Town Planning and for the welfare of the public. Alongwith with affordable houses public utilities are developed as per the plan of the State Government. In recent times houses are being provided to economically weaker section of the society under various

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

sections of the society in pursuance of the Constitution of India under which every State Government is responsible for Town Planning and for the welfare of the public. Alongwith with affordable houses public utilities are developed as per the plan of the State Government. In recent times houses are being provided to economically weaker section of the society under various

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

sections of the society in pursuance of the Constitution of India under which every State Government is responsible for Town Planning and for the welfare of the public. Alongwith with affordable houses public utilities are developed as per the plan of the State Government. In recent times houses are being provided to economically weaker section of the society under various

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

sections of the society in pursuance of the Constitution of India under which every State Government is responsible for Town Planning and for the welfare of the public. Alongwith with affordable houses public utilities are developed as per the plan of the State Government. In recent times houses are being provided to economically weaker section of the society under various

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

section 69. Could it be validly contended that the department has merely to allege that an assessee has made an investment, say, in 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

SHRI GHANSHYAM JAISWAL,AZAMGARH vs. DY.CIT, CIRCLE - 1,, GORAKHPUR

In the result, the appeals of the assessee in ITA No

Bench: Ramit Kochar

Section 153B(1b) of the 1961 Act. 4. There was one more additions made by the AO to the income of the assessee to the tune of Rs. 1,44,000/- on account of low drawings towards household expenses shown by the assessee,while framing assessment against the assessee.The AO during assessment proceedings observed that the assessee has stated that

SHRI GHANSHYAM JAISWAL,,AZAMGARH vs. DY. C.I.T., CIRCLE - 1, GORAKHPUR

In the result, the appeals of the assessee in ITA No

Bench: Ramit Kochar

Section 153B(1b) of the 1961 Act. 4. There was one more additions made by the AO to the income of the assessee to the tune of Rs. 1,44,000/- on account of low drawings towards household expenses shown by the assessee,while framing assessment against the assessee.The AO during assessment proceedings observed that the assessee has stated that

SHRI GHANSHYAM JAISWAL,AZAMGARH vs. DY. CIT, CIRCLE - 01, GORAKHPUR

In the result, the appeals of the assessee in ITA No

Bench: Ramit Kochar

Section 153B(1b) of the 1961 Act. 4. There was one more additions made by the AO to the income of the assessee to the tune of Rs. 1,44,000/- on account of low drawings towards household expenses shown by the assessee,while framing assessment against the assessee.The AO during assessment proceedings observed that the assessee has stated that

SHRI GHANSHYAM JAISWAL,AZAMGARH vs. DY. CIT, CIRCLE - 1, GORAKHPUR

In the result, the appeals of the assessee in ITA No

Bench: Ramit Kochar

Section 153B(1b) of the 1961 Act. 4. There was one more additions made by the AO to the income of the assessee to the tune of Rs. 1,44,000/- on account of low drawings towards household expenses shown by the assessee,while framing assessment against the assessee.The AO during assessment proceedings observed that the assessee has stated that

SHAMIMUL FATIMA,GORAKHPUR vs. ACIT, RANGE - 02, GORAKHPUR

In the result the appeal of the assessee is allowed

Section S4F requires the assessee to purchase one residential house in India within a period of one year before or two years after the date on which the transfer took place or construct the residential house within a period of three years after the date of transfer. The AO has mainly objected to the fact that the investment made

BLOSSAM HOUSE EDUCATIONAL SOCIETY,VARANASI vs. INCOME TAX OFFICER 3(1), VARANASI

In the result, the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri.Vijay Pal Raoassessment Year: 2018-19 Blossam House Educational V. Income Tax Officer, Society, 579, Teliabagh, Church Ward-3(1), Varanasi Compound, Maldahiya, Varanasi Pan-Aaatb7686D (Appellant) (Respondent) Appellant By: Sh. Atul Choudhary, C.A. Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 07.07.2022 Date Of Pronouncement: 07.07.2022 O R D E R

House Educational v. Income Tax Officer, Society, 579, Teliabagh, Church Ward-3(1), Varanasi Compound, Maldahiya, Varanasi PAN-AAATB7686D (Appellant) (Respondent) Appellant by: Sh. Atul Choudhary, C.A. Respondent by: Sh. A.K. Singh, Sr. D.R. Date of hearing: 07.07.2022 Date of pronouncement: 07.07.2022 O R D E R SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee is directed

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

DY. COMMISSIONER OF INCOME TAX, CIRCLE - 01,, VARANASI vs. SHRI GANESH PRASAD,, VARANASI

The appeal of the Revenue is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2017-18 The Deputy Commissioner Of Income - Mr. Ganesh Prasad, Tax, V. S-6/108, Golghar Katchhari, Circle-1, Aayakarbhawan, Varanasi-221002, U.P. Maqboolalam Road Varanasi-221002, U.P.

section 69. Could it be validly contended that the department has merely to allege that an assessee has made an investment, say, in house property or in shares or in bonds, 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

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)

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 M/s. Tulsiani Construction and Developers Pvt. Ltd. and KBG Infrastructure Pvt. Ltd., each of them holding 50% of shares. The Assessing Officer further noticed that