SATYA PRAKASH SINGH,GOVIND NAGAR BHAN PURI vs. ITO 3(4) LAKHIMPUR 1, OFFICE OF INCOME TAX OFFICER

ITA 290/LKW/2026Status: DisposedITAT Lucknow03 June 2026AY 2020-20215 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal condoned the delay in filing the appeal. Due to the submission of additional evidence and the Revenue's request for the Assessing Officer to examine it, the issue regarding the addition of Rs. 7,60,197 was remanded back to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee appealed against an order upholding an addition of Rs. 21,55,000 under Long Term Capital Gain and an addition of Rs. 7,60,197 under Section 69A. The assessee argued that the plot sales constituted business activity and that the cost of acquisition was wrongly determined. Additional evidence was filed during the appeal.

What were the issues?

Whether the sale of plots constituted business activity or capital gains, and the validity of additions made under Section 69A due to unexplained money.

Which sections of the Income-tax Act were involved?

Section 44AD,Section 69A,Section 115BBE,Section 147,Section 144B,Section 253(3),Section 253(5)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH ‘SMC’, LUCKNOW

Before: SHRI ANADEE NATH MISSHRA

For Appellant: Shri Ankit Singh, CA & Mohd

PER ANADEE NATH MISSHRA:A.M.

(A) This appeal has been filed by the assessee against the impugned appellate order of learned CIT(A) / NFAC, Delhi, dated 24.12.2025, for the AY 2020-21. The assessee has raised the following grounds of appeal:

“1. That the order passed by Ld. Commissioner of Income-tax (Appeal), National faceless Appeal Centre, is bad in law and facts, arbitrary, unjustified, and in violation of the principles of natural justice and hence liable to be quashed.

2.

That the Ld. CIT(A) erred in law and on facts in upholding the addition of Rs. 21,55,000 under Long Term Capital Gain (LTCG), ignoring that the transaction of sale of plots constituted business activity chargeable

The order continues below.

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