M/S. APCO INFRATECH PVT. LTD.,,LUCKNOW vs. ACIT-I, LUCKNOW

In the result, appeals vide I

233 (SC), Hon'ble SC held that:\n\nThe income from interest on FDRs kept as retention money by the assessee\nin respect of the project of the said unit cannot, therefore, be considered to be the\nincome 'derived from the industrial undertaking' so as to be eligible for deduction\nu/s 801A(4). The claim that income from funds borrowed

ACIT, RANGE-I, LUCKNOW vs. M/S APCO INFRATECH PVT. LTD.,, LUCKNOW

233 (SC), Hon'ble SC held that:\nThe income from interest on FDRs kept as retention money by the assessee\nin respect of the project of the said unit cannot, therefore, be considered to be the\nincome 'derived from the industrial undertaking' so as to be eligible for deduction\nu/s 801A(4). The claim that income from funds borrowed

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

In the result, the appeal of Revenue in ITA

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

233) ELT 157 (SC) Held- The retracted statement must be substantially corroborated by other independent and cogent evidences, which would lend adequate assurance to the court that it may seek to rely thereupon. The initial burden to prove ITA. No.139/LKW/2022 Page 20 of 158 that the confession was voluntary in nature would be on the Department. The burden

MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

In the result, the appeal of Revenue in ITA

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

233) ELT 157 (SC) Held- The retracted statement must be substantially corroborated by other independent and cogent evidences, which would lend adequate assurance to the court that it may seek to rely thereupon. The initial burden to prove ITA. No.139/LKW/2022 Page 20 of 158 that the confession was voluntary in nature would be on the Department. The burden

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

233) ELT 157 (SC) Held- The retracted statement must be substantially corroborated by other independent and cogent evidences, which would lend adequate assurance to the court that it may seek to rely thereupon. The initial burden to prove that the confession was voluntary in nature would be on the Department. The burden is on the prosecution to show that

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

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/-. 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 of appeal with kind permission of your honour

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

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/-. 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 of appeal with kind permission of your honour

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

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/-. 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 of appeal with kind permission of your honour

JOINT COMMISSIONER OF INCOME-TAX, SPECIAL RANGE, KANPUR vs. M/S.ASFAND AKHTAR, KANPUR

In the result, all the appeals of the Revenue are dismissed and the Cross Objections of the assessee are also dismissed being infructuous

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/-. 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 of appeal with kind permission of your honour

INCOME TAX OFFICER-(EXEPTION), LUCKNOW vs. M/S GRAMEEN DEVELOPMENT SERVICES, LUCKNOW

In the result, the appeal of the Revenue stands dismissed

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2014-15

233 to 241 where a copy of Tribunal order in I.T.A. No.623/Lkw/2016 was placed. Our attention was also invited to a chart filed by him where the page numbers of findings of Assessing Officer as well as those of learned CIT(A)’s were placed. Our attention was also invited to learned CIT(A) order where by he has allowed