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5 results for “section 68”+ Section 46Aclear

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Key Topics

Section 686Section 133(6)6Addition to Income5Section 69A4Section 142(1)4Section 143(3)3Section 1443Section 2502Section 143(2)2Cash Deposit

DY. COMMISSIONER OF INCOME TAX, CIRCLE - 01,, VARANASI vs. SHRI RAJA RAM KHEMKA,, KOLKATA

In the result, the appeal of the Revenue in ITA No

ITA 137/VNS/2020[2017-2018]Status: DisposedITAT Varanasi16 Jan 2023AY 2017-2018

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year:2017-18 The Deputy Commissioner Of Shri Raja Ram Khemka Income-Tax, Circle-1, V. 11, Goenka Lane, Varanasi-211001, U.P. Shivtalla Street, Kolkatta-700007, West Bengal Pan:Airpk3661L (Appellant) (Respondent) Appellant By Shri A.K.Singh, Sr. Dr Respondent By Shri R S Shinghvi, Fca & Shri H.L.Sekhri, Fca Date Of Hearing 12/01/2023 Date Of Pronouncement 16/01/2023 O R D E R Per Shri Ramit Kochar: This Appeal In I.T.A. No.137/Vns/2020 For Assessment Year(Ay): 2017-18 Has Been Filed By Revenue Challenging Appellate Order Dated 27.08.2020 Passed By Learned Commissioner Of Income-Tax (Appeals), Varanasi (Hereinafter Called “Cit(A)” ) Under Section 250 Of The Income- Tax Act, 1961(Hereinafter Called “The Act”) In Appeal No. Cit(A)/Vns/10780/2019-20/64, The Appellate Proceedings Had Arisen Before Ld. Cit(A) From The Assessment Order Dated 26.12.2019 By The Ld. Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of The 1961 Act. This Appeals Was Heard In Open Court Proceedings Through Physical Hearing Mode.

Section 115BSection 142(1)Section 143(2)Section 143(3)Section 250Section 68
2
Unexplained Cash Credit2

Section 68, the additions to the aggregating to the tune of Rs. 1,55,00,534/- were made by the AO. It was submitted that ld. CIT(A) deleted the entire additions as were made by the AO. At the outset ld. Sr. DR submitted that there is a breach of Rule 46A

DY. COMMISSIONER OF INCOME TAX, CIRCLE - 01, VARANASI vs. PERFECT TECNO COUNSULTANTS PVT. LTD. , VARANASI

In the result, the appeal of the Revenue is allowed for statistical purposes

ITA 139/VNS/2020[2017-2018]Status: DisposedITAT Varanasi13 Apr 2023AY 2017-2018

Bench: Shri Ramit Kochar & Shri Pavan Kumar Gadaleassessment Year: 2017-18 Dy. Commissioner Of Income Perfect Techno Consultants Pvt. Ltd., Tax, Circle-1, Aayakarbhawan, V. N-1/65-A, Narrotam Nagar Colony, M A Road, Varanasi- Nagwa, Lanka Varanasi-221005,U.P. 221002,U.P. Pan:Aagcp3236N (Appellant) (Respondent) Revenue By: Sh. Amalendunath Mishra, Cit Dr Assessee By: Sh. Mohammad Ashraf, C.A. Date Of Hearing: 11.04.2023 Date Of Pronouncement: 13.04.2023 O R D E R

For Appellant: Sh. Mohammad Ashraf, C.AFor Respondent: Sh. AmalenduNath Mishra, CIT DR
Section 115JSection 142(1)Section 143(2)Section 144Section 250Section 68Section 69A

68 dealing with cash credits , compliances of Section 69, 69A, 69B , 69C of the 1961 Act dealing with unexplained investments, unexplained money, unexplained expenditure etc. , deducting of income-tax at source on payments made by tax-payers(Chapter XVII-B), prohibition on making payment otherwise than through prescribed banking modes beyond threshold limits(Section 40A(3) ), dealing

SURENDRA NATH SINGH,,GHAZIPUR vs. ITO, WARD - 3(5), GHAZIPUR

In the result, the appeal of the assessee is allowed

ITA 60/VNS/2018[2010-2011]Status: DisposedITAT Varanasi25 Jul 2022AY 2010-2011

Bench: Shri.Vijay Pal Raoassessment Year: 2010-11 Surendra Nath Singh, V. Income Tax Officer, Tilak Nagar Colony, Mahuabagh, Ward-3(5), Ghazipur Ghazipur-233001 Pan-Bphps5975K (Appellant) (Respondent) Appellant By: Sh. Apramay Gabhawala, Ca Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 05.07.2022 Date Of Pronouncement: 25.07.2022 O R D E R

For Appellant: Sh. Apramay Gabhawala, CAFor Respondent: Sh. A.K. Singh, Sr. D.R
Section 133(6)Section 68

section 68 were not proved by him, the addition of Rs. 7 lakhs was justified. Though, it was obligatory on the part of the assessee to prove identity, genuineness of transaction and creditworthiness of the lenders, but the assessee did not produce any evidence to prove those ingredients. He simply filed a letter dated 17/1 1/2017 merely stating names

DY. COMMISSIONER OF INCOME TAX, CIRCLE - 01,, VARANASI vs. M/S RATANDEEP GOLD & DIAMOND PVT. LTD., CHANDAULI

ITA 136/VNS/2020[2017-2018]Status: DisposedITAT Varanasi03 Feb 2023AY 2017-2018

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.

For Appellant: Shri Shishir Bajpai, CAFor Respondent: Shri Amalendu Nath Mishra, CIT DR
Section 143(3)Section 69A

68,890/- . This entry has come to the debit of ‘Printing and Stationary’ account from ‘Others Printing and Stationary’ Account , on 31.03.2017 . In other ‘Others Printing and Stationary’ Account, there are eight debits namely Gopal Book Depot of Rs. 3,280/-, Rs.9,546/- , Rs.9,700/-, Kamal Book Depot of Rs. 9,503/- ,Rs.9,550/- and Rs.9,700/- & Mahakal General Stores

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

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

ITA 248/VNS/2019[2016-2017]Status: DisposedITAT Varanasi17 Jan 2023AY 2016-2017

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

For Appellant: Sh. Arvind Shukla, AdvocateFor Respondent: Sh. A.K. Singh, Sr. DR
Section 271BSection 69A

46A(1). 2. Whether on the facts and circumstances of the case and in law, the Ld Commissioner of Income Tax(Appeal), Varanasi is justified in deleting the addition of Rs2,23,91,526/ by combining the two additions of Rs2,24,57,832/- and Rs83,56,300/- as sale proceeds and applying a GP rate of 24%, ignoring