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

2) LalaIndra Sun In Re (1940) 8 ITR 187 (Alld) (3) NarasinghaKar& CO. v, CIT (1978) 113 ITR 712(Ori) 9.11 From the aforesaid, it is clear that the appellant "Authority" is not engaged in carrying on any activity in the nature of trade, commerce or business or any activity in rendering any service in relation to any trade, commerce

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

2) LalaIndra Sun In Re (1940) 8 ITR 187 (Alld) (3) NarasinghaKar& CO. v, CIT (1978) 113 ITR 712(Ori) 9.11 From the aforesaid, it is clear that the appellant "Authority" is not engaged in carrying on any activity in the nature of trade, commerce or business or any activity in rendering any service in relation to any trade, commerce

UTKARSH SMALL FINANCE BANK LTD.,VARANASI vs. NATIONAL E-ASSESSMENT CENTRE, DELHI

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

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 M/S. Utkarsh Small Finance National E-Assessment Centre, Bank Limited V. Delhi S-24/1-2, First Floor, Mahavir Nagar, Orderly Bazar, Near Mahavir Mandir, Varanasi- 221001, U.P. Pan:Aabcu9355J (Appellant) (Respondent)

Section 2(24)(x) of the 1961 Act , while deduction is allowed u/s 36(1)(va) read with Explanation of the amount received by an employer from employees as their contribution which stood deposited by employer to the credit of employee with relevant fund on or before the due date as is prescribed under relevant statute governing PF/ESI

M/S RUGS MART,VARANASI vs. DCIT, CIRCLE - 03, VARANASI

In the result, appeal filed by the assesseeis in ITA No

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 Rugs Mart Deputy Commissioner Of Barhi Ewada V. Income Tax (Cpc), Centralized District Varanasi-221207 Processing Center , U.P. Bengaluru-560500 (The Dcit , Circle-3, Varanasi, U.P.) Pan:Aalfr4883R (Appellant) (Respondent)

Section 43B of the 1961 Act has a heading that certain deductions to be allowed only on actual payment basis and it starts with a non obstante clause that 'notwithstanding anything contained in any other provisions of this Act, a deduction otherwise allowable under this Act in respect of...'. Thus, it stipulates that deduction shall be allowed only

LAWKUSH SHARMA,SONEBHADRA vs. INCOME TAX OFFICER, WARD - 3 (5), SONEBHADRA

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

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 Lawkush Sharma Assistant Director Of Income 14-495, V.V. Colony, V. Tax (Cpc), Centralized Shakti Nagar, Sonebhadra- Processing Center , 231222, U.P. Bengaluru-560500 Pan:Artps9822Q (Appellant) (Respondent)

Section 43B of the 1961 Act has a heading that certain deductions to be allowed only on actual payment basis and it starts with a non obstante clause that 'notwithstanding anything contained in any other provisions of this Act, a deduction otherwise allowable under this Act in respect of...'. Thus, it stipulates that deduction shall be allowed only

BHUPENDRA NATH PANDEY,VARANASI vs. ACIT, R - 03, VARANASI

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

Bench: Shrivijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 Bhupendra Nath Pandey Assistant Director Of Income 6-159/27, Kashi Enclave V. Tax (Cpc), Centralized Colony, Pahadiya Sarnath, Processing Center , Varanasi-221007, U.P. Bengaluru-560500 (The Acit, Range-3, Varanasi, U.P.) Pan:Ajfpp1273J (Appellant) (Respondent)

section (v) is with respect to and confined to a gratuity fund and does not have any relevance here. We, hence, answer the other questions of law framed, also against the assessee and in favour of the Revenue. We dismiss the appeal, leaving the parties to suffer their respective costs." 10.3.10 Thus, it can be clearly seen that

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

28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988). Explanation 2.—In this sub-section, "due date" means,— (a) where the assessee [other than an assessee referred to in clause (aa)] is— (i) a company [***]; or (ii) a person (other than a company) whose accounts are required to be audited under this

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

28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988). Explanation 2.—In this sub-section, "due date" means,— (a) where the assessee [other than an assessee referred to in clause (aa)] is— (i) a company [***]; or (ii) a person (other than a company) whose accounts are required to be audited under this

M.W.S. & CO.,BHADOHI vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, both the appeals are allowed

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 & Assessment Year: 2019-20 M.W.S. & Co., Naya Bazar V. Dy. Commissioner Of Income Tax, Road, Bhadohi-221401, Uttar Central Processing Centre (Cpc), Pradesh, India Bengaluru [Jurisdictional Assessing Pan-Aaffm2003E Officer Being Dy./Assistant Commissioner Of Income Tax, Range-1, Varanasi, U.P. (Appellant) (Respondent)

28 of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 1983 or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any deduction under this section in respect of such sum in computing

M.W.S. & CO.,BHADOHI vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, both the appeals are allowed

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2018-19 & Assessment Year: 2019-20 M.W.S. & Co., Naya Bazar V. Dy. Commissioner Of Income Tax, Road, Bhadohi-221401, Uttar Central Processing Centre (Cpc), Pradesh, India Bengaluru [Jurisdictional Assessing Pan-Aaffm2003E Officer Being Dy./Assistant Commissioner Of Income Tax, Range-1, Varanasi, U.P. (Appellant) (Respondent)

28 of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 1983 or any earlier assessment year) in which the liability to pay such sum was incurred by the assessee, the assessee shall not be entitled to any deduction under this section in respect of such sum in computing

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.

28,547/- owing to addition u/s 69A of the Act and tax has been levied by wrongly applying the provision of section 115BBE of I.T. Act 1961. However, in this respect the Appellant begs to submit as under:- WRONGFUL APPLICATION OF SECTION 69A OF THE INCOME TAX ACT, 1961 Kind attention of your goodself is being invited

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.

2) The following shall have the right to be heard at the hearing of the appeal- (a) the appellant, either in person or by an authorized representative ; (b) The Assessing Officer , either in person or by a representative. *** *** *** ***” Fair hearing and adherence of principles of natural justice are the most important pillars of the judicial proceedings , and proceedings before

ITO, WARD - 2(3), VARANASI vs. KRISHNA KUMAR UPADHYAY, VARANASI

In the result, the appeal of the Department is allowed for statistical purpose

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2016-17 Income Tax Officer, Vs. Shri Krishana Kumar Upadhyay, Ward-2(3), Varanasi N-8/239-C, Surya Bhawan, Nevada, Sunderpur, Varanasi-221005 Pan-Aaopu6505G (Appellant) (Respondent) Appellant By: Sh. Arvind Shukla, Advocate Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 12.01.2023 Date Of Pronouncement: 17.01.2023 O R D E R

28,68,484/-. The AO sought an explanation from the assessee but no explanation was furnished by the assessee in respect of the deposits made in the current account. Accordingly, the AO held that out of the total deposit of Rs. 2,53,26,316/-, a sum of Rs. 2,24,57,820/- is excess in comparison to the sales

MOHD. AHAMAD,SONEBHADRA vs. ITO, WARD - 3(3), SONEBHADRA

In the result, both the appeals of the assessee are partly allowed

Bench: Shri.Vijay Pal Raoassessment Year: 2015-16 Shri. Mohd Ahamad, V. Income Tax Officer, Pagia, Karma Road, Sonbhadra- Ward-Iii(3), Chandi Tiraha, 231216 Robertsganj Sonbhadra- Pan-Bkxpa2899B 231216 (Appellant) (Respondent) Assessment Year: 2016-17 Shri. Mohd Ahamad, V. Income Tax Officer, Pagia, Karma Road, Sonbhadra- Ward-3(3), Sonbhadra 231216 Pan-Bkxpa2899B (Appellant) (Respondent) Appellant By: Sh. K.R. Singh, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 26.05.2022 Date Of Pronouncement: 03.06.2022 O R D E R

2,68,740/- under section 44AD of the Income Tax Act. The case was selected for limited scrutiny in respect of larger cash deposits in the saving bank account of the assessee in comparison to the turnover declared by the assessee. During the assessment proceedings, the Assessing Officer noted that a total

MOHD. AHAMAD,SONEBHADRA vs. ITO, WARD - III(3), SONBHADRA

In the result, both the appeals of the assessee are partly allowed

Bench: Shri.Vijay Pal Raoassessment Year: 2015-16 Shri. Mohd Ahamad, V. Income Tax Officer, Pagia, Karma Road, Sonbhadra- Ward-Iii(3), Chandi Tiraha, 231216 Robertsganj Sonbhadra- Pan-Bkxpa2899B 231216 (Appellant) (Respondent) Assessment Year: 2016-17 Shri. Mohd Ahamad, V. Income Tax Officer, Pagia, Karma Road, Sonbhadra- Ward-3(3), Sonbhadra 231216 Pan-Bkxpa2899B (Appellant) (Respondent) Appellant By: Sh. K.R. Singh, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 26.05.2022 Date Of Pronouncement: 03.06.2022 O R D E R

2,68,740/- under section 44AD of the Income Tax Act. The case was selected for limited scrutiny in respect of larger cash deposits in the saving bank account of the assessee in comparison to the turnover declared by the assessee. During the assessment proceedings, the Assessing Officer noted that a total

MOHD. AHAMAD,SONBHADRA vs. ITO, WARD - III(3), SONBHADRA

In the result, both the appeals of the assessee are partly allowed

Bench: Shri.Vijay Pal Raoassessment Year: 2015-16 Shri. Mohd Ahamad, V. Income Tax Officer, Pagia, Karma Road, Sonbhadra- Ward-Iii(3), Chandi Tiraha, 231216 Robertsganj Sonbhadra- Pan-Bkxpa2899B 231216 (Appellant) (Respondent) Assessment Year: 2016-17 Shri. Mohd Ahamad, V. Income Tax Officer, Pagia, Karma Road, Sonbhadra- Ward-3(3), Sonbhadra 231216 Pan-Bkxpa2899B (Appellant) (Respondent) Appellant By: Sh. K.R. Singh, Advocate Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 26.05.2022 Date Of Pronouncement: 03.06.2022 O R D E R

2,68,740/- under section 44AD of the Income Tax Act. The case was selected for limited scrutiny in respect of larger cash deposits in the saving bank account of the assessee in comparison to the turnover declared by the assessee. During the assessment proceedings, the Assessing Officer noted that a total

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

2 arid para 3 respectively of its reply dated 02.11.2018 has failed to state M/s Avantika Infraventures (P) Ltd. any reason or establish any relation for advancement of such loan. Again in its reply dated 22.11.2018 the assessee has submitted that, "It is pertinent to mention that the assessee company has received/made interest free loan/advances from Tulsiani Construction & Developers

M/S AVANTIKA INFRAVENTURE (P) LTD.,,ALLAHABAD vs. DCIT, CENTRAL CIRCLE,, VARANASI

In the result, the appeals of the assessee for the Assessment Years

Bench: Shri.Vijay Pal Rao & Shri Ramit Kochar

2 arid para 3 respectively of its reply dated 02.11.2018 has failed to state M/s Avantika Infraventures (P) Ltd. any reason or establish any relation for advancement of such loan. Again in its reply dated 22.11.2018 the assessee has submitted that, "It is pertinent to mention that the assessee company has received/made interest free loan/advances from Tulsiani Construction & Developers