SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

u/s 263\nGoyal Family Trust v. CIT 171 ITR 698 (Alld)\nMerely because the AO's order is brief and cryptic that itself would not be\na case for revision.\nHari Iron Trading Co. v. Commissioner of Income-tax-263 ITR 437\nA bare perusal of the aforesaid provision shows that the Commissioner\ncan exercise powers under sub-section

M/S MODEL EXIM,KANPUR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), KANPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriam/S. Model Exim Pcit (Central) V. 624-C, Defence Colony, 7/81-B, Tilak Nagar, Jajmau, Kanpur-208010. Kanpur. Pan:Aadfm6163H (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Smt Namita S. Pandey, Cit(Dr) Date Of Hearing: 29 10 2024 Date Of Pronouncement: 05 11 2024 O R D E R

263 should not be initiated against him and the assessment order passed be revised. The said show cause notice gives the following reasons: - “On perusal of assessment record relating to the Assessment Year 2010- 11 in your case has been examined. On examination of assessment record, it is found that assessment order dated 31/03/2013 for the AY. 2010-11 passed

FUTURE PHARMA PVT.LTD,KANPUR vs. PR. CIT-1, KANPUR

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

revised by the Ld. PCIT vide aforesaid impugned order dated 31.03.2024 passed under section 263 of the Act. Prior to the aforesaid order dated 31.03.2024 passed under section 263 of the Act, a show cause notice dated 08.12.2023 was issued to the assessee, the relevant portion of which is reproduced as under: “On perusal of record, It is noticed that

HARSAHAIMAL SHIAMLAL JEWELLERS PVIVATE LIMITED,BAREILLY vs. PCIT(CENTRAL), BAREILLY

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Harsahaimal Shiamlal Jewellers Shri Vimalendu Verma, Private Limited, 148, Civil Lines, Vs. Pcit (Central), Lucknow, U.P. Bareilly, U.P.-243001 Pan:Aacch3785L (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 06.08.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Filed Against The Order Under Section 263 Of The Act, Passed By The Ld. Pcit, Central ,Lucknow On 17.02.2022, Setting Aside The Orders Of The Ld. Assessing Officer, Passed Under Section 143(3) Of The Income Tax Act On 29.07.2019. The Grounds Of Appeal Preferred, Are As Under:-

revision u/s 263 cannot be exercised for redoing the investigation, rather the CIT ought to have done the investigation himself before restoring the matter to the AO. Grounds No. 9 The Learned PCIT, Bareilly has further ignored that in view of the provisions of explanation 2 of section 263, it is incumbent to point out what more enquiries would

ETAH WINE TRADERS,KASGANJ vs. PCIT, BAREIILY

In the result, the appeal of the assessee is allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaetah Wine Traders V. Pcit, Bareilly C/O Kunwar Devendra Singh Aaykar Bhawan, Central Yadav, Laxmiganj, Kasganj, Revenue Building, Kamla Uttar Pradesh-207123. Nehru Marg, Civil Lines, Bareilly. Pan:Aaaae1483E (Appellant) (Respondent) Appellant By: Shri Vivek Agrawal, C.A. Respondent By: Shri Manu Chaurasia, Cit(Dr) Date Of Hearing: 18 10 2024 Date Of Pronouncement: 25 10 2024 O R D E R

u/s 263 is valid or not, it is necessary to discuss the provisions of section 263 which are stipulated as under:- “263. (1) The Commissioner may call for and examine the record of any proceeding under this Act, and if he considers that any order passed therein by the Assessing Officer is erroneous insofar as it is prejudicial

U.P RAJYA VIDYUT UTPADAN NIGAM LIMITED,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX-VI, LUCKNOW

In the result, the appeal of the assessee in ITA

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.161/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 & आयकर अपील सं/ Ita Nos.174/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 U.P Rajya Vidyut Utpadan V. Dcit, Range-Vi Nigam Ltd 3Rd Floor, 27/2, Raja Ram 7Th Floor, Shakti Bhawan Mohan Rai Marg, P. K. Extension 14, Ashok Marg, Complex, Lucknow- Lucknow-226001. 226001. Pan: Aaacu4749D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) आयकर अपील सं/ Ita No.209/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 Dcit, Range-Vi V. U.P Rajya Vidyut 3Rd Floor, 27/2, Raja Ram Utpadan Nigam Ltd Mohan Rai Marg, P. K. 7Th Floor, Shakti Bhawan Complex, Lucknow-226001. Extension 14, Ashok Marg, Lucknow-226001. Pan:Aaacu4749D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Sandeep Jain, C.A प्रत्यर्थी कक और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 04 12 2025 घोर्णा कक तारीख/ Date Of 20 01 2026 Pronouncement:

TDS as per the claim of the assessee as complete details of the same were given in the Return of income and Form 26AS. 6. Because the order appealed against is contrary to facts, law and principles of natural justice. 7. Any other grounds that may be taken at the time of hearing.” 3. Further, the grounds of appeal raised

DY. COMMISSIONER OF INCOME TAX-VI, LUCKNOW vs. U.P RAJYA VIDYUT UTPADAN NIGAM LIMITED, LUCKNOW

In the result, the appeal of the assessee in ITA

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.161/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 & आयकर अपील सं/ Ita Nos.174/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 U.P Rajya Vidyut Utpadan V. Dcit, Range-Vi Nigam Ltd 3Rd Floor, 27/2, Raja Ram 7Th Floor, Shakti Bhawan Mohan Rai Marg, P. K. Extension 14, Ashok Marg, Complex, Lucknow- Lucknow-226001. 226001. Pan: Aaacu4749D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) आयकर अपील सं/ Ita No.209/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 Dcit, Range-Vi V. U.P Rajya Vidyut 3Rd Floor, 27/2, Raja Ram Utpadan Nigam Ltd Mohan Rai Marg, P. K. 7Th Floor, Shakti Bhawan Complex, Lucknow-226001. Extension 14, Ashok Marg, Lucknow-226001. Pan:Aaacu4749D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Sandeep Jain, C.A प्रत्यर्थी कक और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 04 12 2025 घोर्णा कक तारीख/ Date Of 20 01 2026 Pronouncement:

TDS as per the claim of the assessee as complete details of the same were given in the Return of income and Form 26AS. 6. Because the order appealed against is contrary to facts, law and principles of natural justice. 7. Any other grounds that may be taken at the time of hearing.” 3. Further, the grounds of appeal raised

U.P RAJYA VIDYUT UTPADAN NIGAM LIMITED,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX-VI, LUCKNOW

In the result, the appeal of the assessee in ITA

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita Nos.161/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 & आयकर अपील सं/ Ita Nos.174/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 U.P Rajya Vidyut Utpadan V. Dcit, Range-Vi Nigam Ltd 3Rd Floor, 27/2, Raja Ram 7Th Floor, Shakti Bhawan Mohan Rai Marg, P. K. Extension 14, Ashok Marg, Complex, Lucknow- Lucknow-226001. 226001. Pan: Aaacu4749D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) आयकर अपील सं/ Ita No.209/Lkw/2019 ननिाारण वर्ा/ Assessment Year: 2012-13 Dcit, Range-Vi V. U.P Rajya Vidyut 3Rd Floor, 27/2, Raja Ram Utpadan Nigam Ltd Mohan Rai Marg, P. K. 7Th Floor, Shakti Bhawan Complex, Lucknow-226001. Extension 14, Ashok Marg, Lucknow-226001. Pan:Aaacu4749D अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Sandeep Jain, C.A प्रत्यर्थी कक और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 04 12 2025 घोर्णा कक तारीख/ Date Of 20 01 2026 Pronouncement:

TDS as per the claim of the assessee as complete details of the same were given in the Return of income and Form 26AS. 6. Because the order appealed against is contrary to facts, law and principles of natural justice. 7. Any other grounds that may be taken at the time of hearing.” 3. Further, the grounds of appeal raised

M/S MODEL TANNERS (INDIA) PVT. LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, KANPUR

In the result, both the appeals are partly allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoor

u/s 263 is to frame the assessment afresh.” 16. It is trite law that an order requires to be read in its entirety. That being so, there is no escape from the position that what was not the subject matter of notice issued and the order passed under section 263 of the Act, cannot be made subject matter of assessment

M/S MODEL TANNERS (INDIA) PVT. LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX, KANPUR

In the result, both the appeals are partly allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoor

u/s 263 is to frame the assessment afresh.” 16. It is trite law that an order requires to be read in its entirety. That being so, there is no escape from the position that what was not the subject matter of notice issued and the order passed under section 263 of the Act, cannot be made subject matter of assessment

NATIONAL HIGHWAY AUTHORITY OF INDIA,KANPUR vs. A CIT (TDS), KANPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Nikhil Choudharyassessment Year: 2012-13 National Highway Authority V. Addl. Cit (Tds) Of India 7/199, Radiance Town, 53, Basant Vihar, Naubasta, Swaroop Nagar, Kanpur- Kanpur-208021. 208002. Pan:Aaatn1936H (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Adv. Respondent By: Shri Amit Kumar, Cit(Dr) Date Of Hearing: 06 10 2025 Date Of Pronouncement: 17 10 2025 O R D E R

TDS) and as upheld by the CIT(NFAC), overlooking and ignoring the petition for rectification u/s 154 of the act, being totally in disregard to the provision of the act, being violative to the principles of natural justice, totally unwarranted be quashed. 6. Because there being neither failure to the deduct whole or any part of the tax, the discrepancy

S.B.I RBO III (ADMIN OFFICE),KANPUR vs. DY. COMMISSIONER OF INCOME TAX (TDS), KANPUR

In the result, the appeal is allowed in the terms indicated above

Bench: Shri A. D. Jain & Shri T. S. Kapoor

263) (Delhi High Court) • LIC of India v. ACIT (Writ Tax No. 619 to 621 of 2009) (Allahabad High Court) • CIT v. Oil & Natural Gas Corporation Ltd. (254 ITR 121) (Gujarat High Court) • CIT v. I.T.C. Ltd. (220 Taxman 414) (Allahabad High Court) • Lintas India Ltd. v. ACIT (5 SOT 310) (Mumbai ITAT) 37. The Bank also places reliance

STATE BANK OF INDIA, FUND SETTLEMENT OFFICE,KANPUR vs. INCOME TAX OFFICER (TDS)-II, KANPUR

In the result, the appeal is allowed in the terms indicated above

Bench: Shri A. D. Jain & Shri T. S. Kapoor

263) (Delhi High Court) • LIC of India v. ACIT (Writ Tax No. 619 to 621 of 2009) (Allahabad High Court) • CIT v. Oil & Natural Gas Corporation Ltd. (254 ITR 121) (Gujarat High Court) • CIT v. I.T.C. Ltd. (220 Taxman 414) (Allahabad High Court) • Lintas India Ltd. v. ACIT (5 SOT 310) (Mumbai ITAT) 37. The Bank also places reliance

STATE BANK OF INDIA,,KANPUR vs. INCOME TAX OFFICER(TDS)-II, KANPUR

In the result, the appeal is allowed in the terms indicated above

Bench: Shri A. D. Jain & Shri T. S. Kapoor

263) (Delhi High Court) • LIC of India v. ACIT (Writ Tax No. 619 to 621 of 2009) (Allahabad High Court) • CIT v. Oil & Natural Gas Corporation Ltd. (254 ITR 121) (Gujarat High Court) • CIT v. I.T.C. Ltd. (220 Taxman 414) (Allahabad High Court) • Lintas India Ltd. v. ACIT (5 SOT 310) (Mumbai ITAT) 37. The Bank also places reliance

STATE BANK OF INDIA,,KANPUR vs. INCOME TAX OFFICER(TDS)-II, KANPUR

In the result, the appeal is allowed in the terms indicated above

Bench: Shri A. D. Jain & Shri T. S. Kapoor

263) (Delhi High Court) • LIC of India v. ACIT (Writ Tax No. 619 to 621 of 2009) (Allahabad High Court) • CIT v. Oil & Natural Gas Corporation Ltd. (254 ITR 121) (Gujarat High Court) • CIT v. I.T.C. Ltd. (220 Taxman 414) (Allahabad High Court) • Lintas India Ltd. v. ACIT (5 SOT 310) (Mumbai ITAT) 37. The Bank also places reliance

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

263 and allowed difference upto 10%of estimated FMV by Valuation Department is within tolerance limit, no addition is warranted. In said case difference in percentile @ 10.47% was computed on the basis of estimation made by VO and Hon’ble MP High Court has dismissed the appeal of Revenue. iv. That Jurisdictional Hon’ble ITAT in case

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

263 and allowed difference upto 10%of estimated FMV by Valuation Department is within tolerance limit, no addition is warranted. In said case difference in percentile @ 10.47% was computed on the basis of estimation made by VO and Hon’ble MP High Court has dismissed the appeal of Revenue. iv. That Jurisdictional Hon’ble ITAT in case

ACIT, CENTRAL CIRCLE-II, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA U.P.

In the result, the outcome of the appeals and Cross Objections are as under:

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

263 and allowed difference upto 10%of estimated FMV by Valuation Department is within tolerance limit, no addition is warranted. In said case difference in percentile @ 10.47% was computed on the basis of estimation made by VO and Hon’ble MP High Court has dismissed the appeal of Revenue. iv. That Jurisdictional Hon’ble ITAT in case