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14 results for “section 68”+ Unexplained Cash Creditclear

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Key Topics

Section 40A(3)28Section 6817Addition to Income12Section 14810Section 143(3)9Section 1447Section 143(2)7Section 133(6)7Section 142(1)6

M/S AAKAR HOUSING DEVELOPERS PVT. LTD.,VARANASI vs. ACIT, CIR. - 02, VARANASI

In the result, the appeal of the assessee in ITA no

ITA 33/ALLD/2018[2013-2014]Status: DisposedITAT Varanasi16 Sept 2022AY 2013-2014

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2013-14 M/S. Aakar Housing Assistant Commissioner Of Income Tax Developers Pvt. Ltd. V. Circle-2, B-21/62 , Kamachha, M.A. Road, Varanasi-221001, U.P. Varanasi, U.P. Pan:Aahca1616Q (Appellant) (Respondent)

For Appellant: Shri Ashish Bansal AdvFor Respondent: Shri A.K. Singh Sr. DR
Section 133(6)Section 143(2)Section 143(3)Section 68

Section 68 is not applicable to the facts and circumstances of the case, is rejected as the assessee is not able to disclose the true and correct sources of receipt of the amount of Rs. 54 lacs in cash, and we hold that this amount was from undisclosed sources as is an unexplained cash credit

Deduction4
Disallowance4
Survey u/s 133A4

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

Section 68, the AO treated such sum aggregating to Rs. 1,55,00,534/- as unexplained cash credits/ deposits u/s 68

INCOME TAX OFFICER, WARD - 3(1), VARANASI vs. M/S BHGYASHREE VINCOM PVT. LTD.,, VARANASI

In the result, the appeal of the Revenue stands dismissed and the Cross Objection of the assessee is dismissed as infructuous

ITA 132/VNS/2020[2017-2018]Status: DisposedITAT Varanasi26 Sept 2023AY 2017-2018

Bench: Shri. B. R. Baskaran & Shri Amit Shuklaassessment Year:2017-18 The Income Tax Officer, V. M/S Bhagyashree Vincom Pvt. Ltd. Ward-3(1) Sa-2/415, A-9. Prem Chandra Varanasi Nagar Colony, Pandeypur Varanasi Tan/Pan:Aaecb7289D (Appellant) (Respondent) C.O. No.01/Vns/2021 [Arising Out Of Ita No.132/Vns/2020] Assessment Year:2017-18 M/S Bhagyashree Vincom Pvt. Ltd. V. The Income Tax Officer, Sa-2/415, A-9. Prem Chandra Ward-3(1) Nagar Colony, Pandeypur Varanasi Varanasi Tan/Pan:Aaecb7289D (Cross Objector) (Respondent)

For Appellant: Shri Ashish Bansal, Advocate
Section 142(1)Section 143(2)Section 144Section 271ASection 68

unexplained cash credit to be added under section 68 of the Act. It is not even an unexplained investment outside

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2 , GORAKHPUR vs. THE MAHABIR JUTE MILLS LIMITED, GORAKHPUR

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

ITA 217/ALLD/2017[2014-15]Status: DisposedITAT Varanasi16 Nov 2023AY 2014-15

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

cash credit in the sense that some monies have been received by the assessee, but the credit represents a mere liability payable by the assessee in future. Under accounting principles, a liability can only be brought into account by making a credit entry in the books of account in favour of the person to whom the money is payable. Thus

THE MAHABIR JUTE MILLS LTD.,GORAKHPUR vs. ASST. DIRECTOR OF INCOME TAX, CPC, BENGALURU

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

ITA 13/VNS/2023[2020-2021]Status: DisposedITAT Varanasi16 Nov 2023AY 2020-2021

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

cash credit in the sense that some monies have been received by the assessee, but the credit represents a mere liability payable by the assessee in future. Under accounting principles, a liability can only be brought into account by making a credit entry in the books of account in favour of the person to whom the money is payable. Thus

THE MAHABIR JUTE MILLS LIMITED,GORAKHPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2 , GORAKHPUR

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

ITA 351/ALLD/2014[2009-10]Status: DisposedITAT Varanasi16 Nov 2023AY 2009-10

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

cash credit in the sense that some monies have been received by the assessee, but the credit represents a mere liability payable by the assessee in future. Under accounting principles, a liability can only be brought into account by making a credit entry in the books of account in favour of the person to whom the money is payable. Thus

DCIT,, GORAKHPUR vs. M/S MAHABIR JITE MILLS, LTD., GORAKHPUR

In the result, (i) the appeal of the assessee for AY 2009-10 is partly allowed and for AY 2020-21 is treated as allowed

ITA 448/ALLD/2014[2009-10]Status: DisposedITAT Varanasi16 Nov 2023AY 2009-10

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

Section 133ASection 143(3)Section 14ASection 4Section 40A(3)

cash credit in the sense that some monies have been received by the assessee, but the credit represents a mere liability payable by the assessee in future. Under accounting principles, a liability can only be brought into account by making a credit entry in the books of account in favour of the person to whom the money is payable. Thus

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

M/S U TOLL CORPORATION LTD.,,VARANASI vs. ACIT, CIRCLE - 02, VARANASI

In the result, the appeal of the assessee is dismissed

ITA 107/VNS/2018[2013-2014]Status: DisposedITAT Varanasi07 Jun 2022AY 2013-2014

Bench: Hon’Ble Sh.Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharassessment Year: 2013-14 M/S U Toll Corporation Ltd., V. The Asstt. Commissioner Of Samne Ghat, Lanka, Varanasi, U.P. Income Tax, Circle-2, Pan-Aaacu6429Q Varanasi, U.P. (Assessee) (Respondent) Assessee By: None Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 25.05.2022 Date Of Pronouncement: 07.06.2022

For Appellant: NoneFor Respondent: Sh. A.K. Singh, Sr. D.R
Section 44ASection 68

section 44AB of the Act and Audit Report was filed alongwith the return of income. The assessee further explained that the loan of Rs. 40 Lac from Kumar Nagendra is explained by the assessee by filing a copy of account and bank statement of the party but the same was ignored by the authorities. Except this explanation 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

ITA 138/VNS/2020[2017-2018]Status: DisposedITAT Varanasi07 Feb 2023AY 2017-2018

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.

For Appellant: Shri Subash Chand Adv. & Sh. Ashutosh BhardwajFor Respondent: Shri A.K. Singh, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 69A

68,557. However at the end of month of April-2016 it was Rs.34,63,700/-. Further cash balance at the end of May-2016 it was Rs. 36,91,264/-. The cash balance starts increasing from the month of October-2016 and at the end of month it was Rs.1,99,26,887/-. 6. Hence, it is clear that

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

credit worthiness of the lenders and did not produce any evidence to prove ingredients of section 68 is wrong ignoring the document filed before the learned CIT(A) on which remand report was called for and the replies filed in compliance to notice u/s. 133(6) on 27.12.17 by three parties Kalanath, Manish, Samrath Singh before the A.O. The documents

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

credit entries of more than crores of rupees in the bank account of the assessee. There was a total deposit during the year of Rs. 2,53,26,316/- whereas the profit and loss account submitted by the assessee shows the sales of Rs. 28,68,484/-. The AO sought an explanation from the assessee but no explanation was furnished

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

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

ITA 213/VNS/2019[201-2011]Status: DisposedITAT Varanasi28 Dec 2022

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.ArvindShukla, Adv. & Sh. AsimZafar, AdvFor Respondent: ShriA.K. Singh, Sr.DR
Section 143(2)Section 144Section 144rSection 147Section 148

unexplained money and deemed to be income of the assessee u/s 69A , which stood added to her income by the AO vide assessment order dated 29.12.2016 passed u/s 144 read with Section 147 of the 1961 Act. The assessee filed first appeal with ld. CIT(A) . The assessee appeared in person along with her counsel before

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

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

ITA 214/VNS/2019[2009-2010]Status: DisposedITAT Varanasi28 Dec 2022AY 2009-2010

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.ArvindShukla, Adv. & Sh. AsimZafar, AdvFor Respondent: ShriA.K. Singh, Sr.DR
Section 143(2)Section 144Section 144rSection 147Section 148

unexplained money and deemed to be income of the assessee u/s 69A , which stood added to her income by the AO vide assessment order dated 29.12.2016 passed u/s 144 read with Section 147 of the 1961 Act. The assessee filed first appeal with ld. CIT(A) . The assessee appeared in person along with her counsel before