ALKA SRIVASTAVA,LUCKNOW vs. INCOME TAX OFFICER, LUCKNOW

ITA 926/LKW/2025Status: DisposedITAT Lucknow19 May 2026AY 2018-194 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the issues in dispute regarding the additions back to the Assessing Officer. The Assessing Officer was directed to pass a denovo order after providing the assessee with a reasonable opportunity to be heard.

What were the facts?

The assessee's appeal against an addition of Rs. 95,90,000 as Short Term Capital Gain was dismissed by the CIT(A). The assessee contended that the property was solely owned by her husband and that reassessment proceedings were initiated on wrong facts and without proper procedure.

What were the issues?

Whether the addition of capital gains in the hands of the assessee was justified, and whether the reassessment proceedings were validly initiated and conducted.

Which sections of the Income-tax Act were involved?

Section 115BBE,Section 148,Section 151A,Section 234A,Section 234B

AI-generated summary — verify with the full judgment below

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

Before: SHRI KUL BHARAT, VICE- & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Govind Krishna, CA

PER ANADEE NATH MISSHRA:A.M.

(A) This appeal has been filed by the assessee against the impugned appellate order of learned CIT(A)/National Faceless Appeal Centre (NFAC), Delhi vide order dated 27.10.2025 for the AY 2018-19. The assessee has raised the following grounds of appeal:

1.

That on the facts and in the circumstances of the case, the learned CIT Appeal NFAC. has erred in law and on facts by confirming the addition of Rs. 95,90,000.00 as income under Short Term Capital Gain and levied tax u/s 115BBE, on the facts which are incorrect and wrong despite bringing on record by the Appellant that the property sold under reference was solely owned by her husband who happens to be

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 115BBE

All 8,662 judgments and leading authorities on Section 115BBE →

Recent GST High Court judgments

Search GST case law →