JAGDISH CHANDRA CHATURVEDI,KASGANJ vs. THE ASSESSING OFFICER WARD 4(3)(3), KASGANJ , KASGANJ

Appeal is allowed

disallowing section 10(10AA) leave\nencashment exemption is nowhere permissible in an instance\ninvolving section 143(1)(a)(i) & (ii) of the Act. A perusal

ABC PAPER PRODUCTS,AGRA vs. INCOME TAX OFFICER 1(1)(1) AGRA, AGRA

In the result, the appeal of the assessee is dismissed

exempted from\nIncome Тах. However, the Ld. CIT(A) by relying upon the old provision of sub-section (3) of\nsection 105 of RFCTLARR Act, 2013 has disallowed

NEETA AGARWAL,AGRA vs. INCOME TAX OFFICER, 2(1)(2), AGRA, AGRA

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

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing) Neeta Agarwal, Vs. Income Tax Officer, E-23, New Agra, Agra Ward-2(1)(2), Agra (Appellant) (Respondent) Pan: Aaxpa0936E Assessee By : Shri Amit Goyal, Adv Shri Nitin Goyal, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 16/09/2025 Date Of Pronouncement 04/12/2025

disallowance of exemption of Rs. 95,20,372 being the long term capital gain arising on transfer of shares Capital

GRAMEEN EVAM SHAHRI WELFARE SANSTHAN,ALIGARH vs. ITO, WARD, 4(1)(3), ALIGARH

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing)

disallowance of exemption u/s 11 of the Act due to delay in filing of ITR and non-filing of 10B. 5) That

GRAMEEN EVAM SHAHRI WALFARE SANSTHAN ,ALIGARH vs. ITO WARD 4(1)(3), ALIGARH

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing)

disallowance of exemption u/s 11 of the Act due to delay in filing of ITR and non-filing of 10B. 5) That

GRAMEEN EVAM SHAHRI WELFARE SANSTHAN,ALIGARH vs. ITO WARD,4(1)(3) ALIGARH, ALIGARH

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing)

disallowance of exemption u/s 11 of the Act due to delay in filing of ITR and non-filing of 10B. 5) That

PRAMOD KUMAR GOYAL,GWALIOR vs. INCOME TAX OFFICER, WARD 2(3) GWALIOR, GWALIOR

In the result, the appeal is allowed for statistical purposes

Bench: : Shri Sunil Kumar Singh & Shri Brajesh Kumar Singhassessment Year: 2013-14

disallowing the claim of exemption amounting to Rs.10,11,000/- made by assessee u/s. 54B of the Act out of the long

DY CIT,CIRCLE-2(1), GWALIOR vs. SH SAURABH GAGH , MORENA

The appeals stand dismissed

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.364/Agr/2017 (िनधा"रणवष" / Assessment Year:2008-09) & 2. आयकरअपीलसं./ Ita No.365/Agr/2017 (िनधा"रणवष" / Assessment Year:2009-10) & 3. आयकरअपीलसं./ Ita No.366/Agr/2017 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Dcit, Circle-2(1), Shri Saurabh Garg Gwalior. Tilak Road, Jiwaji Ganj, Morena. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acopg-5549-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Sanjay Kumar, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 To 2010-11 Having Common Issues Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up Appeal For Ay 2008-09 Wherein The Grievance Of The Revenue Is – (I) Disallowance U/S 14A; (Ii) Profit Earned From Out Of Books Investments; (Iii) Unexplained Gifts Of Shares. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 05-06-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 153A

Disallowance u/s 14A The assessee earned exempt dividend of Rs.14.57 Lacs but made interest payment of Rs.135.69 Lacs. The Ld. AO disallowed

DY CIT ,CIRCLE -2(1) , GWALIOR vs. SH SAURABH GARG, MORENA

The appeals stand dismissed

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.364/Agr/2017 (िनधा"रणवष" / Assessment Year:2008-09) & 2. आयकरअपीलसं./ Ita No.365/Agr/2017 (िनधा"रणवष" / Assessment Year:2009-10) & 3. आयकरअपीलसं./ Ita No.366/Agr/2017 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Dcit, Circle-2(1), Shri Saurabh Garg Gwalior. Tilak Road, Jiwaji Ganj, Morena. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acopg-5549-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Sanjay Kumar, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 To 2010-11 Having Common Issues Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up Appeal For Ay 2008-09 Wherein The Grievance Of The Revenue Is – (I) Disallowance U/S 14A; (Ii) Profit Earned From Out Of Books Investments; (Iii) Unexplained Gifts Of Shares. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 05-06-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 153A

Disallowance u/s 14A The assessee earned exempt dividend of Rs.14.57 Lacs but made interest payment of Rs.135.69 Lacs. The Ld. AO disallowed

DY CIT,CIRCLE -2(1),, GWALIOR vs. SH. SAURABH GARG, MORENA

The appeals stand dismissed

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.364/Agr/2017 (िनधा"रणवष" / Assessment Year:2008-09) & 2. आयकरअपीलसं./ Ita No.365/Agr/2017 (िनधा"रणवष" / Assessment Year:2009-10) & 3. आयकरअपीलसं./ Ita No.366/Agr/2017 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Dcit, Circle-2(1), Shri Saurabh Garg Gwalior. Tilak Road, Jiwaji Ganj, Morena. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Acopg-5549-C (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Sanjay Kumar, Ca – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Years (Ay) 2008-09 To 2010-11 Having Common Issues Arises Out Of Separate Orders Of First Appellate Authority. First, We Take Up Appeal For Ay 2008-09 Wherein The Grievance Of The Revenue Is – (I) Disallowance U/S 14A; (Ii) Profit Earned From Out Of Books Investments; (Iii) Unexplained Gifts Of Shares. The Impugned Order Has Been Passed By Learned Commissioner Of Income Tax (Appeals), Gwalior [Cit(A)] On 05-06-2017 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 143(3) R.W.S. 153A

Disallowance u/s 14A The assessee earned exempt dividend of Rs.14.57 Lacs but made interest payment of Rs.135.69 Lacs. The Ld. AO disallowed

KANHA EDUCATION SOCIETY,GWALIOR vs. ITO EXEMPTION, GWALIOR

In the result, the appeal is allowed for statistical purposes

Bench: : Shri M. Balaganesh & Shri Sunil Kumar Singhassessment Year: 2018-19

disallowance was made by CPC, Bangalore merely on the ground that the assessee was not registered u/s. 12A/12AA or 10(23C)(iv) or 10(23C)(v) or 10(23C)(vi) or 10(23C)(via) of the Act, but has claimed exemption

JENNEX GRANITE INDUSTRIES PVT.LTD, LASHKAR,LASHKAR. M.P vs. DCIT-2 , GWALIOR, GWALIOR

In the result, both the appeals are allowed for statistical purposes

Bench: : Shri Sunil Kumar Singh & Shri Manish Agarwal

disallowances made by the Assessing Officer and dismissed assessee’s first appeals. ITA No.71 & 72/Agr/2022 2. Briefly stating, the facts relevant for disposal of these appeals are that the appellant/assessee had declared profit of Rs.2,96,07,063/- for the assessment year 2009-10 and Rs.59,99,382/- for A.Y. 2011-12, which were claimed as exempt

JENNEX GRANITE INDUSTRIES PVT. LTD.,LASHKAR vs. DY.C.I.T., CIRCLE-2, GWALIOR

In the result, both the appeals are allowed for statistical purposes

Bench: : Shri Sunil Kumar Singh & Shri Manish Agarwal

disallowances made by the Assessing Officer and dismissed assessee’s first appeals. ITA No.71 & 72/Agr/2022 2. Briefly stating, the facts relevant for disposal of these appeals are that the appellant/assessee had declared profit of Rs.2,96,07,063/- for the assessment year 2009-10 and Rs.59,99,382/- for A.Y. 2011-12, which were claimed as exempt

SHRI BALWANT SINGH PUBLIC SCHOOL SAMITI,HATHRAS vs. ITO WARD 4(3)(4), HATHRAS, HATHRAS

In the result, the appeal of the Assessee is allowed

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singhshri Balwant Singh Vs. Ito, Public School Samiti, Ward-4(2)(4), Sikandra Rao Road, Hathras Salempur, Sasni, Hathras, (Appellant) (Respondent) Pan: Aaajs4970P Assessee By : Shri Pankaj Garh, Adv Revenue By: Shri Shailendra Srivastava, Sr. Dr Date Of Hearing 19/03/2026 Date Of Pronouncement 02/04/2026

exemption u/s 10(23C)(vi). Hence the disallowance is not agreed. The assessee is not required to file Form 10AC

ALAUDDIN,AGRA vs. ITO, WARD 1(1)(1), AGRA, AGRA

In the result, the appeal is partly allowed for statistical purposes

Bench: : Shri Sunil Kumar Singh & Shri Manish Agarwalassessment Year: 2015-16

exempt from tax. 5. Learned Assessing Officer, therefore, disallowed the claim of the assessee and computed the long term capital

LAXMI FOUNDATION,FIROZABAD vs. ITO EXEMPTION AGRA (CPC) , AGRA

The appeal is dismissed

Bench: : Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalassessment Year: 2018-19

disallowed the assessee’s claim of section 11 exemption; in the course of section 143(1) processing dated 20.03.2020 as upheld

SHARAD SHUKLA,JHANSI vs. ADDL-JCIT (A), DELHI

The appeal stand allowed for statistical purposes

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 108/Agr/2024 (िनधा"रणवष" / Assessment Year:2020-21) Mr. Sharad Shukla Income-Tax Officer, बनाम/ 08, Shivpuri Road, Vasudev Ward 2(3)(4), Lalitpur. Vs. Vihar, Jhansi (Up)-284001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Agdps-2689-A (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None " थ"कीओरसे/Respondent By : Sh. Shailender Shrivastava – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 20-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2020-21 Arises Out Of An Order Passed By Learned Addl. / Joint Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)] On 30-11-2023 In The Matter Of An Intimation Issued By Cpc U/S 143(1) On 13-06-2022. At The Time Of Hearing, None Appeared For Assessee & Accordingly, The Appeal Was Heard With The Able Assistance Of Ld. Sr. Dr. The Registry Has Noted Delay Of 59 Days In The Appeal Which Stand Condoned. 2. From Case Records, It Emerges That In Intimation U/S 143(1), The Exemption U/S 10 Was Restricted To Rs.20.93 Lacs By Disallowing Leave Encashment Of Rs.4.50 Lacs On The Ground That The Assessee Was Not A Government Employee. The Assessee Claimed That Full Leave Encashment Of Rs.7.50 Lacs Is Exempted U/S 10(10Aa) Instead Of Rs.3 Lacs.

exemption u/s 10 was restricted to Rs.20.93 Lacs by disallowing leave encashment of Rs.4.50 Lacs on the ground that the assessee

AGRO SOLVENT PRODUCTS PVT. LTD.,GWALIORL vs. JCIT.,RANGE-2,, GWALIOR

Appeal stand allowed

Bench: HON’BLE SHRI SATBEER SINGH GODARA, JM AND HON’BLE SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

disallowance u/s 14A for Rs.3.50 Lacs. It could be seen that the assessee has earned exempt income of Rs.47,617/- only

DY. CIT., CIRCLE-2(1), , GWALIOR vs. M/S AGRO SOLVENT PRODUCTS , GWALIOR

Appeal stand allowed

Bench: SHRI SATBEER SINGH GODARA (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)

disallowance u/s 14A for Rs.3.50 Lacs. It could be seen that the assessee has earned exempt income of Rs.47,617/- only