ARUP BANERJI,ALLAHABAD vs. DCIT, CIRCLE-1, ALLAHABAD

In the result, the appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2014-15 Arup Banerji, Vs. Deputy Commissioner Of 14/18, Elgin Road, Allahabad Income Tax, Circle-1, Allahabad Pan:Acupb7330A (Appellant) (Respondent) Assessee By: Sh. S.K. Jaiswal, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 18.09.2024 Date Of Pronouncement: 29.11.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dismissing His Appeal Against The Order Of The Dcit, Circle-1, Allahabad Passed On 30.12.2016. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Holding That Appellant Does Not Want To Pursue The Appeal & Dismissing Appeal Ex- Party Without Affording An Adequate & Effective Opportunity Of Being Heard. 2. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Not Allowing The Set-Off Of Loss From Derivative Trading Of Rs. 66,05,524/- Brought Forward From Assessment Year 2008-09 Against The Current Year Income Of Rs. 60,19,056/- Earned From Derivative Trading. 3. Because The Learned Commissioner Of Income Tax (Appeals) Has Wrongly Conceived The Fact That Appellant Has Brought Forward Loss From Trading In 'Commodity Derivatives' As Per Clause (E) Of Section 43(5) Whereas The Appellant Has Brought Forward Loss From Trading In 'Derivative' As Per Clause

section 43(5), which was excluded from the definition of, ‘Speculative transaction’ w.e.f. 1.04.2006. It was submitted that the assessee had rightly set off the losses from derivative trading brought forward from A.Y. 2008-09 against the income of the current year from derivative trading. It was, therefore, submitted that the loss may kindly be allowed to the assessee

AJAY KUMAR GUPTA,FATEHPUR vs. CIT(A), NFAC, DELHI (AO:ITO-2(4),FATEHPUR, FATEHPUR

In the result, appeal filed by assessee in ITA No

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

capital gain on stamp duty value which is totally arbitrary and against law and fact. 4. That the Commissioner Income Tax (Appeals) erred not to consider that the learned assessing officer erred not to consider the reply dated 05.11.19 in response to notice dated 01.11.19 under section 142(1). 5. That the Commissioner Income Tax (Appeals) erred not to consider

RAMESH CHANDRA VAISH,ALLAHABAD vs. ACIT, CENTRAL CIRCLE , ALLAHABAD

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

capital gain during the year in question is highly unjustified, illegal and against the settled law, hence on these count the addition so made & maintained is liable to be deleted. 4-That in any view of the matter the addition of Rs. 1,80,000/- on account of gift received by the assessee from a genuine party

RAMESH CHANDRA VAISH ,ALLAHABAD vs. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE , ALLAHABAD

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

capital gain during the year in question is highly unjustified, illegal and against the settled law, hence on these count the addition so made & maintained is liable to be deleted. 4-That in any view of the matter the addition of Rs. 1,80,000/- on account of gift received by the assessee from a genuine party

KAILASH JAISWAL,GORAKHPUR vs. ACIT(CC), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

capital gain 2011-12 25,00,000 undisclosed transaction 5,00,000 undisclosed income 2012-13 7,71,250 rough & dumb document 10,00,000 undisclosed expenditure 6 crore unexplained investment 2.2 The present appeals have been filed by the assessee against the aforesaid impugned appellate orders of learned CIT(A). In the course of appellate proceedings before the Income

KAILASH JAISWAL,GORAKHPUR vs. ACIT(C.C.), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

capital gain 2011-12 25,00,000 undisclosed transaction 5,00,000 undisclosed income 2012-13 7,71,250 rough & dumb document 10,00,000 undisclosed expenditure 6 crore unexplained investment 2.2 The present appeals have been filed by the assessee against the aforesaid impugned appellate orders of learned CIT(A). In the course of appellate proceedings before the Income

KAILASH JAISWAL,GORAKHPUR vs. ACIT (CC), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

capital gain 2011-12 25,00,000 undisclosed transaction 5,00,000 undisclosed income 2012-13 7,71,250 rough & dumb document 10,00,000 undisclosed expenditure 6 crore unexplained investment 2.2 The present appeals have been filed by the assessee against the aforesaid impugned appellate orders of learned CIT(A). In the course of appellate proceedings before the Income

KAILASH JAISWAL,GORAKHPUR vs. ACIT(CC), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

capital gain 2011-12 25,00,000 undisclosed transaction 5,00,000 undisclosed income 2012-13 7,71,250 rough & dumb document 10,00,000 undisclosed expenditure 6 crore unexplained investment 2.2 The present appeals have been filed by the assessee against the aforesaid impugned appellate orders of learned CIT(A). In the course of appellate proceedings before the Income

KAILASH JAISWAL,GORAKHPUR vs. ACIT(C.C.), ALLAHABAD

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria, Ju Dicial Member

capital gain 2011-12 25,00,000 undisclosed transaction 5,00,000 undisclosed income 2012-13 7,71,250 rough & dumb document 10,00,000 undisclosed expenditure 6 crore unexplained investment 2.2 The present appeals have been filed by the assessee against the aforesaid impugned appellate orders of learned CIT(A). In the course of appellate proceedings before the Income

DR. AROTI GHOSH,ALLAHABAD vs. ITO, WARD-1(1), ALLAHABAD

In the result, appeal of the assessee is allowed for statistical purpose

Bench: Shri Aby T. Varkey & Shri Ramit Kocharassessment Year: 2008-09

capital gains, vide reassessment order dated 31.03.2016 passed u/s 143(3) read with Section 148 of the 1961 Act. 2 A.Y. 2008-09 Dr. Aroti Ghosh 4. The assessee filed rectification application under section 154 of the Act , which was dismissed by AO vide rectification order dated 4.8.2016 passed u/s 154 , by holding as under:- “In this case, the assessee

DEVENDRA SINGH,ALLAHABAD vs. DCIT, RANGE-1, ALLAHABAD

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

Bench: Shri Aby T. Varkey & Shri Ramit Kocharassessment Year: 2011-12 Mr. Devendra Singh, The Deputy Commissioner Of 166A, Puravaldi Kydganj, V. Income Tax, Range-1, Allahabad, Allahabad-211003,U.P. U.P. Pan:Aexps6329H (Appellant) (Respondent) Assessee By: None Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 04.09.2023 Date Of Pronouncement: 05.09.2023 O R D E R

capital gain. The AO observed that complete details are not filed by the assessee as only few vouchers, bills in support of expenses claimed to have been incurred for construction were provided. The map sanctioned by the Allahabad Development Authority was also not filed. Thus, the AO was of the view that assessee is not entitled to claim exemption under

MOHD UBAID ANSARI,ALLAHABAD vs. ITO, ALLAHABAD , ALLAHABAD

In the result, the appeal of the assessee stands allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Mohd Ubaid Ansari V. The Income Tax Department 337, Sultanpur Bhawa (Faceless) Noorulla Road Khuldabad Allahabad (U.P) Tan/Pan:Bajpa0699B (Appellant) (Respondent) Appellant By: None Respondent By: Shri A. K. Singh, D.R. O R D E R

Capital Gain”. The AO completed the assessment under section 147 read with section 144B of the Act, assessing the total income of the assessee at Rs.39,99,466/-. 2.3 Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee and confirmed the order of the AO. 2.4 Now, the assessee has approached this Tribunal

AROTI GHOSH,ALLAHABAD vs. INCOME TAX OFFICER WARD-1(1), ALLAHABAD

In the result, the appeal of the assessee stands allowed for statistical purposes

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 143(2) has been served upon appellant within stipulated time, therefore the whole of the assessment proceeding is vitiated for want of valid jurisdiction. 6. BECAUSE the NFAC has erred in law and on facts in sustaining addition of Rs.39,67,163.69 made on account of long term capital gain

MOHAMMAD NAZIM,FATEHPUR vs. ITO, WARD- 2(4), FATEHPUR

Bench: Shri Aby T. Varkey & Shri Ramit Kocharassessment Year: 2014-15 Mr. Income Tax Officer, Mohammad Nazim, V. Ward-2(4), Fatehpur, Income Tax 133 Kheldar, Fatehpur-212601,U.P. Office, Fatehpur-212601,U.P. Pan:Agepn3675J (Appellant) (Respondent) Assessee By: Sh. Mayank Arora, Advocate Revenue By: Sh. Amlendu Nath Mishra, Cit-Dr Date Of Hearing: 12.09.2023 Date Of Pronouncement: 12.09.2023 O R D E R

6. Because the appellant is relying on the judgement of Hon'ble Income Tax Appellate Tribunal, Agra Bench, Agra in case of ITO - 1 (3), Mathura Vs Ramesh Chandra Kulshresth & Brother HUF. Copy of this judgement is attached herewith for your kind perusal and record as Annexure No. VIII. 7. Because the Ld. Assessing Authority has not mentioned or proved

RAJESH KUMAR JAISWAL,,ALLAHABAD vs. DEPUTY/ACIT(CENTRAL), ALLAHABAD

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

Bench: the query raised by the assessing authority vide questionnaire issued under section 142 (1) dated 23.01.2021, in assessment proceedings for the AY 2018-19.

6. Because the appellant was not given any opportunity of hearing by the assessing authority before making addition under section 69 and levying tax as per provisions of section 115BBE, which is in gross violation of principles of natural justice. 7. Because learned CIT (A) erred in law as well as on facts, in confirming the denial of deduction claimed

MADHURENDRA NATH,ALLAHABAD vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, ALLAHABAD

In the result, both the appeals in ITA No

Bench: Shri.Vijay Pal Rao & Shri. Ramit Kocharassessment Year: 2013-14 Vs. The Asstt. Commissioner Of Smt. Neeta Nath, L/H Of Lt. Dr. Jitendra Nath Income Tax, Central Circle, Civil Lines, Allahabad B/401, Mayan Enclave, 49/13, Clive Road, Allahabad Pan-Abepn1795Q (Appellant) (Respondent) Assessment Year: 2013-14 Madhurendra Nath, Vs. The Asstt. Commissioner Of B-502, Vinayak Le Grande, Income Tax, Central Circle, 16/12, Lal Bahadur Shastri Civil Lines, Allahabad Road, Allahabad-211001 Pan-Aaipn8161D (Appellant) (Respondent) Appellant By: Sh. Siddharth Pathak, Adv Respondent By: Sh. Rabin Chaudhari, Cit Dr Date Of Hearing: 18.01.2023 Date Of Pronouncement: 16.02.2023 O R D E R Shri Vijay Pal Rao, J.M.: These Two Appeals By The Two Related Assessees Are Directed Against Two Separate Orders Of The Cit(A), Both Dated 28.04.2016 For The Assessment Year 2013-14. 2. These Appeals Are Arising From The Assessment Orders Passed Under Section 153C In Pursuant To The Search & Seizure Action Under Section 132(1) Of The Income Tax Act, Dated 05.12.2013 In The Case Of Shri. Hemant Kumar Sindhi. Therefore, The Facts & Circumstances As Well As The Grounds Of Appeal

6. We have considered the rival submissions as well as relevant material on record. The assessee has challenged the validity of assessment for want of notice Smt. Neeta Nath L/H of Lt. Dr. Jitendra Nath under section 143(2) of the Income Tax Act. The challenge of the assessee is entirely based on the order-sheet entries wherein

SMT. NEETA NATH L/H OF LATE DR. JITENDRA NATH,ALLAHABAD vs. ACIT, CENTRAL CIRCLE, ALLAHABAD

In the result, both the appeals in ITA No

Bench: Shri.Vijay Pal Rao & Shri. Ramit Kocharassessment Year: 2013-14 Vs. The Asstt. Commissioner Of Smt. Neeta Nath, L/H Of Lt. Dr. Jitendra Nath Income Tax, Central Circle, Civil Lines, Allahabad B/401, Mayan Enclave, 49/13, Clive Road, Allahabad Pan-Abepn1795Q (Appellant) (Respondent) Assessment Year: 2013-14 Madhurendra Nath, Vs. The Asstt. Commissioner Of B-502, Vinayak Le Grande, Income Tax, Central Circle, 16/12, Lal Bahadur Shastri Civil Lines, Allahabad Road, Allahabad-211001 Pan-Aaipn8161D (Appellant) (Respondent) Appellant By: Sh. Siddharth Pathak, Adv Respondent By: Sh. Rabin Chaudhari, Cit Dr Date Of Hearing: 18.01.2023 Date Of Pronouncement: 16.02.2023 O R D E R Shri Vijay Pal Rao, J.M.: These Two Appeals By The Two Related Assessees Are Directed Against Two Separate Orders Of The Cit(A), Both Dated 28.04.2016 For The Assessment Year 2013-14. 2. These Appeals Are Arising From The Assessment Orders Passed Under Section 153C In Pursuant To The Search & Seizure Action Under Section 132(1) Of The Income Tax Act, Dated 05.12.2013 In The Case Of Shri. Hemant Kumar Sindhi. Therefore, The Facts & Circumstances As Well As The Grounds Of Appeal

6. We have considered the rival submissions as well as relevant material on record. The assessee has challenged the validity of assessment for want of notice Smt. Neeta Nath L/H of Lt. Dr. Jitendra Nath under section 143(2) of the Income Tax Act. The challenge of the assessee is entirely based on the order-sheet entries wherein

SMT. RANJANA BAJPAI,ALLAHABAD vs. DCIT/ACIT, CIRCLE-1(1), ALLAHABAD

Appeal is allowed for statistical purposes

6-C, Bank Road, Allahabad- vs. Circle-1(1), Allahabad 211002, Uttar Pradesh PAN:AAPPB9960P (Appellant) (Respondent) Assessee by: Sh. Anil Kumar, Advocate Revenue by: Sh. Amalendu Nath Mishra, CIT DR Date of hearing: 05.12.2024 Date of pronouncement: 05.12.2024 O R D E R PER SHRI SANJAY AWASTHI, A.M. The present appeal emanates from the order under section

SUCHITRA TANDON,PRAYAGRAJ vs. ASSISTANT COMMISSIONER OF INCOME TAX , CIRCLE - 2 ALLAHABAD, ALLAHABAD

In the result, the appeal of the assessee stands dismissed

Bench: Shri Subhash Malguria & Shri Sanjay Awasthi

capital gain. Learned Sr. Department Representative relied on the following case laws: (i) M. Anil V. Income Tax Officer [2008] 10 SOT 655 (Cochin) (ii) Smt. Janki Kishan Hingorani vs. Pr. CIT [2024] 158 taxmann.com 3 (Rajkot-Trib.) (iii) CIT vs. Zaibunnissa Begum [1985] 151 ITR 320 (AP) (iv) Smt. Asha George vs. Income Tax Officer