SHYAM GUPTA,MATHURA vs. CIT , AGRA

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

property with the support of the affidavit of the deceased wife. 2. Briefly, the facts of the case are that the assessment was completed u/s 147 r.w.s. 144 vide order dated 27.03.2015 assessing capital gains at Rs.3 lac in the I.T.A No. 148/Agra/2018 2 hands of deceased Shri Kalicharan on the sale of house at Rs.4,30,000/- as against

SHRI RAJ KUMAR MITTAL,FIROZABAD vs. DCIT CENTRAL CIRCLE, AGRA

In the result, all the appeals of the assessee are allowed

Bench: Shri A.D. Jain & Dr. Mitha Lal Meena

section 142A of the Act and obtain the valuation of renovation/reconstruction of the house from District Valuation Officer. In fact, it would be unfair, if the A.O does not do so. The house property in itself is a documentary evidence and the A.O. has rightly taken it into cognizance for the assessing its value and consequently the correct total income

NAVEEN GULU MULANI,AGRA vs. ITO, AGRA

In the result, the appeal is allowed for statistical purposes

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

house property", the addition made by the AO and sustained by the learned CIT (Appeals) on this score is liable to be deleted.” 2. Brief facts of the case are that the assessee is engaged in the business of cloth trading in Angola and has earned 30% commission on such sales. In support of his contention

LAKHAN LAL ,MATHURA vs. CIT A-1, AGRA

In the result the appeals of the assessee are allowed for statistical

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

House is erroneous and incorrect based on facts and circumstances of the case. IV. That the appellant reserves the right to add, amend, modify, delete any of ground(s) of appeal before or at the time of hearing. 1. In this case, as per the AR the assessment was completed under section 144/147 of the Act by the assessing officer

KAMAL SINGH,MATHURA vs. CIT A -1, AGRA

In the result the appeals of the assessee are allowed for statistical

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

House is erroneous and incorrect based on facts and circumstances of the case. 4. That the appellant reserves the right to add, amend, modify, delete any of ground(s) of appeal before or at the time of hearing. FACTS 1. In this case, as per the AR the assessment was completed under section 144/147 of the Act by the assessing

ACIT CIRCLE-4, AGRA vs. JHANSI DEVELOPMENT AUTHORITY, JHANSI

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

30,55,310/-and in holding that the entire receipt was capital receipt This amount was given by the state government to the assessee for carrying out civil works which is in the nature of business activity. The assessee spent an amount of Rs.32,33,663/- on this works, therefore, proportionate part of the receipt amount should have been recognized

JHANSI DEVELOPMENT AUTHORITY,JHANSI vs. ACIT CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

30,55,310/-and in holding that the entire receipt was capital receipt This amount was given by the state government to the assessee for carrying out civil works which is in the nature of business activity. The assessee spent an amount of Rs.32,33,663/- on this works, therefore, proportionate part of the receipt amount should have been recognized

JHASI DEVELOPMENT AUTHORITY,JHANSI vs. DY. C.I.T., CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

30,55,310/-and in holding that the entire receipt was capital receipt This amount was given by the state government to the assessee for carrying out civil works which is in the nature of business activity. The assessee spent an amount of Rs.32,33,663/- on this works, therefore, proportionate part of the receipt amount should have been recognized

RAJ SINGH,MATHURA vs. ITO-3(3), MATHURA

In the result appeal is allowed

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenashri. Raj Singh, Vs.. Income Tax Officer- 3(3), Village- Kharaut Chhata, Mathura Mathura. Pan: Akvpr1777Q (Appellant) (Respondent)

house. It was held by the Hon’ble High Court that: “Reassessment Reasons to believe fishing enquiry impugned notice clearly indicates that the AO merely wanted to know the details of sources of funds invested by the assessee in purchasing a flat AO had no basis to reasonably entertain a belief that any part of income of the assessee

SAPNA CHAUHAN,ETAWAH vs. ITO, ETAWAH

In the result,both the appeals in ITA No

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

house was quashed. It was held by the Hon’ble High Court: “Reassessment Reasons to believe fishing enquiry impugned notice clearly indicates that the ld. AO merely wanted to know the details of sources of funds invested by the assessee in purchasing a flat ld. AO had no basis to reasonably entertain a belief that any part of income

MAHIM PATRAN P. LTD,NEW DELHI vs. PR. CIT -2, AGRA

In the result, the appeals are dismissed

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

property or of the unit holder, or of the shareholder as the case may be, and credit shall be given to him for the amount so ITA Nos. 195 & 196/Agr/2015 18 deducted in production of the certificate furnished under section 203 in the assessment made under this act for the assessment year for which such income is assessed. From

RAKESH PORWAL,ACHHALDA vs. ITO, AURAIYA

In the result, the appeal of the assessee is partly allowed

Bench: Shri Lalit Kumar & Dr. M.L. Meena

properties, and hence the A.O. adverse finding on the issue is justified and so the said investment is to be treated as unexplained investment of the appellant. The addition of Rs.9,75,000/- to the appellant’s returned income, is accordingly confirmed.” 5. Being aggrieved, the assessee has filed this appeal before us. He submitted that the appellant

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

property held under trust or from voluntary contributions and to ascertain whether in the case of the assessee the character of income falls under any one of the two categories envisaged in Sections 11(1)(a), (b), (c), and (d), the factual activities being carried out by the assessee is to be examined. The assessee is engaged in the activity

FIROZABAD SHIKOHABAD,FIROZABAD vs. C.I.T.-II, AGRA

In the result, appeal of the assessee is allowed

Bench: This Bench, Alongwith The Annexures Mentioned Therein. The Contents Thereof Are As Follows:

property, to curry out building, engineering, mining and oilier operations, to execute works in connection with the supply of water and electricity, to dispose of sewage and to provide and maintain other services and amenities and generally to do anything necessary or expedient for purposes of such development and for purposes incidental thereto:” 6. The CIT(A) has rejected

DEVEN CHAUDHRY,MATHURA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(3)(1), MATHURA

In the result, appeal filed by the assessee is allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

property, which did not materialize, and accordingly was returned to the assessee in A.Y. 2016-17. This cash was thereafter deposited in the bank account of the appellant. The statement was unambiguous and leaves no scope for alleging any inconsistency and banking thereon for making the addition. 12. While framing the assessment order, the Ld. AO has failed to bring

SUDHIR CHAUDHRY,MATHURA vs. DC/AC CIRCLE 1(3)(1),, MATHURA

In the result, appeal filed by the assessee is allowed

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2017-18

property, which did not materialize, and accordingly was returned to the assessee in A.Y. 2016-17. This cash was thereafter deposited in the bank account of the appellant. The statement was unambiguous and leaves no scope for alleging any inconsistency and banking thereon for making the addition. 12. While framing the assessment order, the Ld. AO has failed to bring

ACIT-CIRCEL-2(1)(1), AGRA vs. MAYANK AGRAWAL, AGRA

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

House No.15 and out of which, cash of Rs. 42 lacs was seized. During the course of search at the residential premises on 15.10.2014, the assessee had stated that cash, as found, from the residence to the tune of Rs. 45.81 lacs was of different companies, in which, there is substantial cash in hand in the books of accounts

VISHWAMBHAR DAYAL AGARWAL,AGRA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE2(1)(1), AGRA, AGRA

In the result, the appeal filed by the assessee is allowed, the CO raised by the assessee and appeal filed by the Revenue are dismissed

Bench: SHRI S. RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

House No.15 and out of which, cash of Rs. 42 lacs was seized. During the course of search at the residential premises on 15.10.2014, the assessee had stated that cash, as found, from the residence to the tune of Rs. 45.81 lacs was of different companies, in which, there is substantial cash in hand in the books of accounts