VIJAY KUMAR LEGAL HEIR OF LATE SAVITRI DEVI,GHAZIPUR vs. ITO, WARD - 03(05), GHAZIPUR

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

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

32,91,342/- made by the Assessing Officer under section 68 of the Act. 2. None appeared on behalf

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

In the result, both the appeals of the assessee are 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

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 of Rs. 1,19,16,791/- was deposited

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

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 of Rs. 1,19,16,791/- was deposited

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

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 of Rs. 1,19,16,791/- was deposited

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

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 of Rs. 1,19,16,791/- was deposited

RAEES ALAM SIDDIQUI,GHAZIPUR vs. DY. C.I.T., RANGE - 1, VARANASI

In the result, the appeal of the assessee is allowed

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

68,17,250/-. An assessment under section 143(3) was completed on 6.12.2017 determining total income at Rs. 82,90,220/-. During the course of assessment, it was found that sundry creditors and other expenses were unverifiable. Therefore, the ld. AO rejected the assessee’s books of accounts under section 145(3) and determined the assessee

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.

68, 69, 69A, 698, 69C and 69D of the IT Act, 1961 and thereby the provision of section 1158BE is also inapplicable. The Appellant is unable to understand that under which notification or circular or any other publication the Ld. Assessing Officer has treated the currency deposited in the bank is liable to tax u/s 69/69A

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

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

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

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

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

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

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

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.

32,24,013.58 as at 31.03.2017 as is reflected in the impounded document being Trading and Profit and Loss account of the assessee company(reproduced by the AO AY:2017-18 DCIT , Circle-1, Varanasi , U.P. v. M/s. Ratandeep Gold & Diamond Pvt. Ltd.,Chandauli,U.P. at page 6 of assessment order- also reproduced by us in this order

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

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

68,00,000/- has been given to M/s Magic Bricks Pvt. Ltd. Total amount of interest claimed by the assessee as per Audit Report is Rs. 40,48,349/-. Therefore, interest at a rate of 12% is being disallowed and added back to the income of the assessee. Calculation of disallowance u/s 36(i)(iii) of the Income

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

68,00,000/- has been given to M/s Magic Bricks Pvt. Ltd. Total amount of interest claimed by the assessee as per Audit Report is Rs. 40,48,349/-. Therefore, interest at a rate of 12% is being disallowed and added back to the income of the assessee. Calculation of disallowance u/s 36(i)(iii) of the Income