KESARWANI & CO.,ALLAHABAD vs. JT.CIT,, ALLAHABAD

In the result the appeal of the assessee is partly allowed

income' taking into consideration the returns; and iv) in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during

KESARWANI & C0,,ALLAHABAD vs. JT CIT,, ALLAHABAD

In the result the appeal of the assessee is partly allowed

income' taking into consideration the returns; and iv) in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during

KESARWANI & C0.,ALLAHABAD vs. JT.CIT., ALLAHABAD

In the result the appeal of the assessee is partly allowed

income' taking into consideration the returns; and iv) in case no incriminating material is unearthed during the search, the AO cannot assess or reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during

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

business dealing with the appellant with Dinesh Kumar Pahuja. 13. BECAUSE the Id. CIT(Appeals) has erred in law and facts in holding that the fake entries appearing in the paper L-5, page124 back side belongs to the appellant despite the categorical finding given by the assessing officer that the disputed paper was found from the premises of Dinesh

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

business dealing with the appellant with Dinesh Kumar Pahuja. 13. BECAUSE the Id. CIT(Appeals) has erred in law and facts in holding that the fake entries appearing in the paper L-5, page124 back side belongs to the appellant despite the categorical finding given by the assessing officer that the disputed paper was found from the premises of Dinesh

SYED SHOEB ASHRAF,AMBEDKAR NAGAR vs. CIT(APPEALS), DELHI

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

Bench: Shri Aby T. Varkey & Shri Ramit Kocharassessment Year: 2011-12 Mr. Syed Shoeb Ashraf, The Ito, 516, Vill & Post Baskhari, V. Ambedkar Nagar, U.P. Ambedkar Nagar-224129, U.P. Pan:Akrpa1580C (Appellant) (Respondent) Assessee By: None (Application) Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 14.09.2023 Date Of Pronouncement: 15.09.2023 O R D E R

business account to the tune of Rs. 77,25,140/- could not be ascertained ,which as per AO has escaped assessment within the meaning of the Section 147/148 of the 1961 Act. The Proceedings u/s 147 were initiated by AO. Notice under section 148 was issued by the AO, but the same remained un-complied with. No return of income

DEEPAK AUTO SALES KUNDA PRATAPGARH,PRATAPGARH vs. INCOME TAX OFFICER PRATAPGARH, PRATAPGARH

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

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

reassessment proceeding. The said amount represent the sale proceed of his business. The whole confusion arose because of the fact that inadvertently and by oversight another PAN was allotted to M/s Deepak Auto Sales PAN No. AAFCD7825G which was allotted in the status of company which got allotted on the direction of the bank and the said PAN No.AAPCD7825G

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

SANJANA,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

SANJANA,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1 (5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

SANJANA,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

YOGI SATYAM,ALLAHABAD vs. ITO, WARD- 1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

YOGI SATYAM,ALLAHABAD vs. ITO, WARD-1(5), ALLAHABAD

The appeals are partly allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

business activities. 5. BECAUSE the CIT(A) after having categorically observed in the appellate order dated 29.11.2022 that: "7.6 During the course of appellate proceedings, it is observed that the receipts are meant for Kriya Yog Ashram and the utilization of the said receipts are for the ashram and this being an on-going process and the appellant is merely

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

income. 4. Because the 148A(d) order was passed by the AO. Without application of mind and the same was followed by the Faceless Assessing Officer during the reassessment proceedings. Re-opening of proceedings is void-ab-into (section 149). 5. Because in considering the nature of Business

JYOTI MEDISERVICES PRIVATE LIMITED,ALLAHABAD vs. DCIT, CENTRAL CIRCLE, ALLAHABAD, ALLAHABAD

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

reassessment order in search cases, then, it is the duty of the JCIT to exercise such powers by applying his judicious mind. We are of the view that the obligation of the approval of the Approving Authority is of two folds ; on one hand, he has to apply his mind to secure in build for the Department against any omission