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

TDS provision under section 40A(3) of the Act, where profit is\nestimated.\n\n4. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while\nsustaining the addition of Rs.9,65,000/- being disallowances of expenses\nunder section 40A(3) of the Act, where profit is estimated.\n\n5. Because the Ld. CIT(A) Lucknow

LUCKNOW DEVELOPMENT AUTHORITY,LUCKNOW vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result, all the appeals are partly allowed

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

4. That the Ld. Commissioner of Income-tax (Appeals) erred in law and on facts in denying exemption under section 11read with section 12, 12A and 13 on the grounds that the activities carried on by the appellant were profit making activities not falling under charitable purposes as envisage under section 2(15) of the Income- tax Act. 5. That

LUCKNOW EVELOPMENT AUTHORITY,LUCKNOW vs. I.T.O., LUCKNOW

In the result, all the appeals are partly allowed

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

4. That the Ld. Commissioner of Income-tax (Appeals) erred in law and on facts in denying exemption under section 11read with section 12, 12A and 13 on the grounds that the activities carried on by the appellant were profit making activities not falling under charitable purposes as envisage under section 2(15) of the Income- tax Act. 5. That

LUCKNOW DEVELOPMENT AUTHORITY ,LUCKNOW vs. ACIT (E), LUCKNOW

In the result, all the appeals are partly allowed

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

4. That the Ld. Commissioner of Income-tax (Appeals) erred in law and on facts in denying exemption under section 11read with section 12, 12A and 13 on the grounds that the activities carried on by the appellant were profit making activities not falling under charitable purposes as envisage under section 2(15) of the Income- tax Act. 5. That

LUCKNOW DEVELOPMENT AUTHORITY ,LUCKNOW vs. DCIT (E), LUCKNOW

In the result, all the appeals are partly allowed

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

4. That the Ld. Commissioner of Income-tax (Appeals) erred in law and on facts in denying exemption under section 11read with section 12, 12A and 13 on the grounds that the activities carried on by the appellant were profit making activities not falling under charitable purposes as envisage under section 2(15) of the Income- tax Act. 5. That

LUCKNOW DEVELOPMENT AUTHORITY ,LUCKNOW vs. ACIT (E), LUCKNOW

In the result, all the appeals are partly allowed

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

4. That the Ld. Commissioner of Income-tax (Appeals) erred in law and on facts in denying exemption under section 11read with section 12, 12A and 13 on the grounds that the activities carried on by the appellant were profit making activities not falling under charitable purposes as envisage under section 2(15) of the Income- tax Act. 5. That

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

TDS provisions. d. We have not been provided with the stock records by the assessee. Item wise Quantitative details of stock could not be furnished due to nature of business and large number of items. So, we are unable to give the item wise quantitative details of stock in Para no. 35(b) of Form 3D. e. Valuation of closing

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

TDS provisions. d. We have not been provided with the stock records by the assessee. Item wise Quantitative details of stock could not be furnished due to nature of business and large number of items. So, we are unable to give the item wise quantitative details of stock in Para no. 35(b) of Form 3D. e. Valuation of closing

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

TDS provisions. d. We have not been provided with the stock records by the assessee. Item wise Quantitative details of stock could not be furnished due to nature of business and large number of items. So, we are unable to give the item wise quantitative details of stock in Para no. 35(b) of Form 3D. e. Valuation of closing

MORADABAD DEVELOPMENT AUTHORITY,MORADABAD vs. DCIT(EXEMPTION), LUCKNOW

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

149 of 2009, 660 of 2010, 114 of 2010, 4 of 2010 and 31 of 2010, where the Hon’ble Allahabad High Court had ruled in favour of similarly placed Development Authorities and held them to be charitable entities not covered under the provisions of section 2(15). The assessee also invited the attention to the order

DY. CIT(EXEMPTION), LUCKNOW vs. MORADABAD DEVELOPMENT AUTHORITY, MORADABAD

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

149 of 2009, 660 of 2010, 114 of 2010, 4 of 2010 and 31 of 2010, where the Hon’ble Allahabad High Court had ruled in favour of similarly placed Development Authorities and held them to be charitable entities not covered under the provisions of section 2(15). The assessee also invited the attention to the order

MORADABAD DEVELOPMENT AUTHORITY,MORADABAD vs. DCIT(EXEMPTION), LUCKNOW

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

149 of 2009, 660 of 2010, 114 of 2010, 4 of 2010 and 31 of 2010, where the Hon’ble Allahabad High Court had ruled in favour of similarly placed Development Authorities and held them to be charitable entities not covered under the provisions of section 2(15). The assessee also invited the attention to the order

MORADABAD DEVELOPMENT AUTHORITY,MORADABAD vs. DY. CIT(EXEMPTION), LUCKNOW

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

149 of 2009, 660 of 2010, 114 of 2010, 4 of 2010 and 31 of 2010, where the Hon’ble Allahabad High Court had ruled in favour of similarly placed Development Authorities and held them to be charitable entities not covered under the provisions of section 2(15). The assessee also invited the attention to the order

DEPUTY COMMISSIONER OF INCOME TAX-6, LUCKNOW vs. M/S. U.P. STATE CONSTRUCTION & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, LUCKNOW

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

4. The CIT(A), Lucknow has erred in law and on facts in deleting the addition of Rs.2,14,54,725/- on account of short centage shown by assessee in A.Y. 2009-10 without appreciating the fact that the assessee has not furnished any documentary Evidence regarding non-allowance of centage on service tax & external electrification before

STATE BANK OF INDIA, OVERSEAS BRANCH, 15/54B, CIVIL LINES, KANPUR,KANPUR vs. DY. CIT(TDS), KANPUR, KANPUR

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Subhash Malguriaआयकर अपील सं. / Ita No.186/Lkw/2022 निर्धारण वर्ा / Assessment Year : 2011-12 State Bank Of India Zonal Office, The Mall Road, Kanpur, Up-208001 Tan: Knps02318B . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Dy. Commissioner Of Income Tax, Tds, Kanpur . . . . . . . प्रत्यर्थी / Respondent & आयकर अपील सं. / Ita No.187/Lkw/2022 निर्धारण वर्ा / Assessment Year : 2011-12 State Bank Of India Overseas Branch, 15/54B, Civil Lines, Kanpur, Up-208001 Tan: Knps01627D . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Dy. Commissioner Of Income Tax, Tds, Kanpur . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : None For The Assessee Revenue By : Mr Sk Sharma [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 09/07/2024 घोषणा की तारीख / Date Of Pronouncement : 09/07/2024 आदेश / Order Per G. D. Padmahshali, Am; These Twin Appeals Of The Assessee Are Assailed Against The Separate Din & Order No. Itba/Nfac/S/250/2022-23/1045081675(1) & 1045081558(1) Both Dt. 31/08/2022 Orders Passed U/S 250 Of The Income Tax Act [‘The Act’ In Short] By The National Faceless Appeal Centre, Delhi [‘Nfac’ In Short] Confirming The Order Dt. 21/03/2018 Passed U/S 201(1) & 201(1A) Of The Act By The Dy. Commissioner Of Income Tax Circle-51(1), Nagpur [‘Ao’ Hereinafter] Anent To Assessment Year 2011- 12 [‘Ay’ Hereinafter]

B’ BENCH LUCKNOW BEFORE HON’BLE SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER AND SHRI SUBHASH MALGURIA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.186/LKW/2022 निर्धारण वर्ा / Assessment Year : 2011-12 State Bank of India Zonal Office, The Mall Road, Kanpur, UP-208001 TAN: KNPS02318B . . . . . . . अपीलार्थी / Appellant बिधम / V/s. Dy. Commissioner of Income Tax, TDS, Kanpur . . . . . . . प्रत्यर्थी / Respondent & आयकर अपील सं

STATE BANK OF INDIA, ZONAL OFFICE, THE MALL ROAD, KANPUR ,KANPUR vs. DY. CIT(TDS), KANPUR, KANPUR

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Subhash Malguriaआयकर अपील सं. / Ita No.186/Lkw/2022 निर्धारण वर्ा / Assessment Year : 2011-12 State Bank Of India Zonal Office, The Mall Road, Kanpur, Up-208001 Tan: Knps02318B . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Dy. Commissioner Of Income Tax, Tds, Kanpur . . . . . . . प्रत्यर्थी / Respondent & आयकर अपील सं. / Ita No.187/Lkw/2022 निर्धारण वर्ा / Assessment Year : 2011-12 State Bank Of India Overseas Branch, 15/54B, Civil Lines, Kanpur, Up-208001 Tan: Knps01627D . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Dy. Commissioner Of Income Tax, Tds, Kanpur . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : None For The Assessee Revenue By : Mr Sk Sharma [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 09/07/2024 घोषणा की तारीख / Date Of Pronouncement : 09/07/2024 आदेश / Order Per G. D. Padmahshali, Am; These Twin Appeals Of The Assessee Are Assailed Against The Separate Din & Order No. Itba/Nfac/S/250/2022-23/1045081675(1) & 1045081558(1) Both Dt. 31/08/2022 Orders Passed U/S 250 Of The Income Tax Act [‘The Act’ In Short] By The National Faceless Appeal Centre, Delhi [‘Nfac’ In Short] Confirming The Order Dt. 21/03/2018 Passed U/S 201(1) & 201(1A) Of The Act By The Dy. Commissioner Of Income Tax Circle-51(1), Nagpur [‘Ao’ Hereinafter] Anent To Assessment Year 2011- 12 [‘Ay’ Hereinafter]

B’ BENCH LUCKNOW BEFORE HON’BLE SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER AND SHRI SUBHASH MALGURIA, JUDICIAL MEMBER आयकर अपील सं. / ITA No.186/LKW/2022 निर्धारण वर्ा / Assessment Year : 2011-12 State Bank of India Zonal Office, The Mall Road, Kanpur, UP-208001 TAN: KNPS02318B . . . . . . . अपीलार्थी / Appellant बिधम / V/s. Dy. Commissioner of Income Tax, TDS, Kanpur . . . . . . . प्रत्यर्थी / Respondent & आयकर अपील सं

DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR, KANPUR vs. SHRI MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of the Revenue stands dismissed

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

TDS of Rs. 2,812/- 8. That the Ld. AO has erred in making disallowance on account of land registry expenses of Rs. 4,89,000/-. I.T.A. No.99/Lkw/2022 Assessment Year:2017-18 32 9. That the Ld. AO has erred in making additions/disallowances arbitrarily without any basis. 10.That the assessee craves leave to introduce, modify or withdraw any ground

DCIT, CENTRAL CIRCLE-2, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA UP

TDS @ 30% of expenses of Rs.\n3074000/- where profit is estimated.\n3. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while\nsustaining the addition of Rs.9,65,000/- being disallowances of expenses\non provisions of section 40A(3) of the Act, where profit is estimated.\n4. Because the Ld. CIT(A) Lucknow-III has erred