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

7. The assessee filed its return of income for the assessment year 2009-10 on 30th September, 2009 declaring total income at nil after claiming deduction /exemption under section 80P(2)(a)(i) of the Income Tax Act at Rs. 37,28,310/-. The Assessing Officer issued notice under section 148 to initiate the proceedings 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

7. The assessee filed its return of income for the assessment year 2009-10 on 30th September, 2009 declaring total income at nil after claiming deduction /exemption under section 80P(2)(a)(i) of the Income Tax Act at Rs. 37,28,310/-. The Assessing Officer issued notice under section 148 to initiate the proceedings under section

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

In the result the appeal of the assessee is allowed

house, exemption cannot be denied merely the amount was not deposited in the CGAS. In this case it is a fact that the appellant had invested the amount of capital gain in a flat which was purchased by her in the year 2011 whereas the capital gain arose in the month of march 2013, thus it is clear that

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

7. Aggrieved by the appellate order dated 05.09.2017 passed by ld. CIT(A) in second round of litigation, the assessee has now come in appeal before the tribunal . The Ld. Counsel for the assessee opened arguments before the Bench and submitted that the assessee is registered under Section 12A of the 1961 Act and is carrying out development activities

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

7. Aggrieved by the appellate order dated 05.09.2017 passed by ld. CIT(A) in second round of litigation, the assessee has now come in appeal before the tribunal . The Ld. Counsel for the assessee opened arguments before the Bench and submitted that the assessee is registered under Section 12A of the 1961 Act and is carrying out development activities

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

7. Aggrieved by the appellate order dated 05.09.2017 passed by ld. CIT(A) in second round of litigation, the assessee has now come in appeal before the tribunal . The Ld. Counsel for the assessee opened arguments before the Bench and submitted that the assessee is registered under Section 12A of the 1961 Act and is carrying out development activities

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

7. Aggrieved by the appellate order dated 05.09.2017 passed by ld. CIT(A) in second round of litigation, the assessee has now come in appeal before the tribunal . The Ld. Counsel for the assessee opened arguments before the Bench and submitted that the assessee is registered under Section 12A of the 1961 Act and is carrying out development activities

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

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

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

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

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

Bench: Ramit Kochar

house property and also derives income from commission by doing the business of LIC Agent. The AO observed that the assessee is filing return of income from the assessment year(ay): 2006-07. The AO also observed that the assessee has made no withdrawal as household expenses , to meet out the basic needs of his family. The assessee was asked

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

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

Bench: Ramit Kochar

house property and also derives income from commission by doing the business of LIC Agent. The AO observed that the assessee is filing return of income from the assessment year(ay): 2006-07. The AO also observed that the assessee has made no withdrawal as household expenses , to meet out the basic needs of his family. The assessee was asked

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

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

Bench: Ramit Kochar

house property and also derives income from commission by doing the business of LIC Agent. The AO observed that the assessee is filing return of income from the assessment year(ay): 2006-07. The AO also observed that the assessee has made no withdrawal as household expenses , to meet out the basic needs of his family. The assessee was asked

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

house property and also derives income from commission by doing the business of LIC Agent. The AO observed that the assessee is filing return of income from the assessment year(ay): 2006-07. The AO also observed that the assessee has made no withdrawal as household expenses , to meet out the basic needs of his family. The assessee was asked

BANDANA PANDEY,GORAKHPUR vs. ADDL. CIT, RANGE - 01,, GORAKHPUR

In the result, appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2012-13 Smt. Bandana Pandey Addl. Commissioner Of Income Tax , W/O Shri Shyam Chandra V. Range-1, Gorakhpur, U.P. Pandey, 29-B, Betihata South, Awas Vikas Colony, Gorakhpur-273001, U.P. Pan:Atopb4997J (Appellant) (Respondent)

property. It was also submitted that Section 269SS has no applicability, if the loan is taken by wife from husband , and vice versa , as they are close family members. It was submitted that the residential house was purchased for self use and the husband of the assessee provided financial help to the assessee for purchase of the residential house

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

housing complex situated at Jeera Basti Hanuman Garh, Ballia. During the course of investigation stage itself, the valuation of said property was referred to the DVO for determining the amount of investment made by various members of the family. The DVO had valued the property at Rs.6,97,43,900/-, whereas all the three assessees have disclosed the investment

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

housing complex situated at Jeera Basti Hanuman Garh, Ballia. During the course of investigation stage itself, the valuation of said property was referred to the DVO for determining the amount of investment made by various members of the family. The DVO had valued the property at Rs.6,97,43,900/-, whereas all the three assessees have disclosed the investment