JIL INFORMATION TECHNOLOGY LIMITED,NEW DELHI vs. ADDITIONAL COMMISSIONER OF INCOME TAX, LUCKNOW

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

TDS was\nclaimed as deduction from the tax payable\nVEDIEICATION\n\n(B) As regards the addition of Rs.64,88,451/- made by the Assessing\nOfficer under section

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)

TDS under section 194C of the Act had been deducted. Therefore the nature of the activities being conducted by the assessee was akin to the activities of the builders, developers and contractors. Therefore, the ld. AO held that since the amount of receipts on account of such activities was in excess of Rs.25 Lacs, the assessee

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)

TDS under section 194C of the Act had been deducted. Therefore the nature of the activities being conducted by the assessee was akin to the activities of the builders, developers and contractors. Therefore, the ld. AO held that since the amount of receipts on account of such activities was in excess of Rs.25 Lacs, the assessee

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)

TDS under section 194C of the Act had been deducted. Therefore the nature of the activities being conducted by the assessee was akin to the activities of the builders, developers and contractors. Therefore, the ld. AO held that since the amount of receipts on account of such activities was in excess of Rs.25 Lacs, the assessee

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)

TDS under section 194C of the Act had been deducted. Therefore the nature of the activities being conducted by the assessee was akin to the activities of the builders, developers and contractors. Therefore, the ld. AO held that since the amount of receipts on account of such activities was in excess of Rs.25 Lacs, the assessee

INCOME TAX OFFICER, LUCKNOW vs. RAJEEV KUMAR KAPOOR, LUCKNOW

In the result, the appeal of the Revenue is dismissed

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

TDS, not being penal in nature, could not be disallowed on account of the provisions of section Explanation 1 of sub section 1 of section 37. Accordingly, the ld. CIT(A) allowed the appeal. 4. The Department is aggrieved at this order of the ld. CIT(A) and has accordingly filed this appeal. Sh. R.R.N. Shukla, Addl CIT DR (hereinafter

AMAR DIWAKAR,KANPUR NAGAR vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, KANPUR

The appeal of the assessee stands allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Amar Diwakar V. Dcit J0512, Avas Vikas Circle 4 Keshavpuram, Kalyanpur Kanpur Kanpur Nagar (U.P) Tan/Pan:Aiypd7324G (Applicant) (Respondent) Applicant By: Shri Pradeep Seth, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.12.2024, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That As Per Information Gathered By The Department From Network Management System (Nms) Portal, The Assessee Had Earned Salary Income Of Rs.17,50,162/- From Fiit Jee Ltd & Had Made Cash Deposit Of Rs.11,50,000/- In His Saving Bank Account During The Year Under Consideration. The Assessee Had Not Filed His Return Of Income For The Year Under Consideration. The Assessing Officer (Ao) Initiated Proceedings Under Section 147 Of The Income Tax Act, 1961 After Issuing Notice Under Section 148 Of The Act To The Assessee. In Response To The Notice Under Section 148 Of The Act

88,769/- and a TDS of Rs.1,56,022/- has been deducted thereon, in support of which the assessee filed copy of Form 26AS also before the AO. It was further submitted before the AO that out of the cash deposits of Rs.11,50,000/- in Royal Bank of Scotland, New Delhi, Rs.9,00,000/- was received in cash from

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

TDS u/s 195 of the IT. Act. In his reply the assessee has stated the disallowance of the commission under section 9(1)(vii) as FTS is not applicable to the facts of the case as per reason given in the reply. In support of his claim he has relied upon the following case laws in his favour

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

In the result, the appeal of the assessee is partly allowed for\nstatistical purposes

TDS was also required by\nthe Assessing officer.\n9. The assessee accordingly vide its reply e-filed on 03/02/2021 filed the\nledger account of \"salary & wages (other)\" which included Director's\nremuneration apart from other accounts relating to salary and wages at\nAs regards salary to Directors, tax was deducted thereon u/s 192 which\nwas accepted by the Assessing Officer

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 on payment of Rs. 3074000 @ 30% i.e. 922200/- in violation of the provision of section 40a(ia) In relevant year Ld. AO made addition of Rs. 9,22,200/- on account of payment of such expenses on which tax was not deducted aggregating Rs. 30,74,000/- as reported by Auditor in TAR and on other side estimated

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 on payment of Rs. 3074000 @ 30% i.e. 922200/- in violation of the provision of section 40a(ia) In relevant year Ld. AO made addition of Rs. 9,22,200/- on account of payment of such expenses on which tax was not deducted aggregating Rs. 30,74,000/- as reported by Auditor in TAR and on other side estimated

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 on payment of Rs. 3074000 @ 30% i.e. 922200/- in violation of the provision of section 40a(ia) In relevant year Ld. AO made addition of Rs. 9,22,200/- on account of payment of such expenses on which tax was not deducted aggregating Rs. 30,74,000/- as reported by Auditor in TAR and on other side estimated

PAWAN JAISWAL,KANPUR vs. INCOME TAX OFFICER, 1(3), KANPUR

The appeal of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Pawan Jaiswal V. The Income Tax Officer 1(3) 29/43, Ghumni Bazar Kanpur Kanpur Tan/Pan:Aexpj4999Q (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R

section 68 of the Act to 50%, i.e., Rs.2,44,000/- and with regard to the addition of Rs.4,68,172/- on account of Sundry Creditors, the NFAC directed the AO to allow the same subject to verification. 2.2 Now, the assessee has approached this Tribunal challenging the impugned order of the NFAC by raising the following grounds of appeal

SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

88 Taxmann.824 (Jabalpur-Trib.) Order\ndt. March 15, 2017 to discussion is confined only disallowance made by\nhim - Held, yes\nWhere Section 45 of the Income-tax Act, 1961 Capital gains - Chargeable\nas (Business income v. capital gains: share dealing) Assessment year\n2011-12 Assessing Officer made enquiry in respect of sale of shares and\nloss incurred by assessee

BHAWANI DEVELOPERS,LUCKNOW vs. INCOME TAX OFFICER-4(1), LUCKNOW-NEW, LUCKNOW-NEW

Appeal is disposed of in accordance with the aforesaid\ndirections

88,13,145/- is hereby\ndisallowed and added back to the total income of the assesse.\n3.2.6 In view of above stated facts, I am satisfied that the assessee has under reported its\nincome by misreporting. Hence penalty proceedings u/s 270A are initiated separately for\nunder reporting of income in consequences of misreporting.\n3.3\nVariation -III\n3.3.1 Variation on account

SHRI RAMESH SINGH RANA,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX-4, LUCKNOW

In the result, the appeal of the assessee is dismissed

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.576/Lkw/2019 "नधा"रण वष"/ Assessment Year: 2012-13 Shri Ramesh Singh Rana V. Dcit Range-4 3-B, Talkatora Road, Rajaji 5-Ashok Marg, Aaykar Puram, Lucknow-226017. Bhawan, Lucknow- 226001. Pan:Aggpr0749B अपीलाथ"/(Appellant) ""यथ"/(Respondent) अपीलाथ" "क और से/Appellant By: None ""यथ" "क और से /Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) सुनवाई "क तार"ख / Date Of Hearing: 08 04 2025 घोषणा "क तार"ख/ Date Of 17 04 2025 Pronouncement: आदेश / O R D E R Per Anadee Nath Misshra, A.M.: This Appeal Filed By The Assessee, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)-2, Lucknow Dated 11.06.2019, Pertaining To The Assessment Year 2012-13. The Assessee Has Raised The Following Grounds Of Appeal: -

88,534/-). Thus, total business income of appellant was estimated at Rs.83,07,840/- as against Rs.51,55,818/- shown by the appellant. Accordingly, an addition of Rs.31,52,022/- was made to total income of appellant. 9.2 The AO has rejected the books of accounts for the following reasons: i. No reply was received in respect of notices

M/S JIL INFORMATION TECHNOLOGY LIMITED,NEW DELHI vs. ASSTT. COMMISSIONER OF INCOME TAX, RANGE-3, LUCKNOW

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2021-22 M/S Jil Information Technology Vs. Asstt. Commissioner Of Limited, 54, Ja Annexe, Basant Lok, Income Tax, Range-3, Vasant Vihar, New Delhi-110057 Lucknow Pan: Aaacj8827B (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 26.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Addl/Jcit(A), Panaji, Passed Under Section 250 Of The Income Tax Act, 1961 On 19.03.2025, Wherein The Ld. Addl/Jcit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Under Section 143(1) Passed For The A.Y. 2021-22 By The Adit, Cpc, Bengaluru On 13.11.2022. The Grounds Of Appeal Are As Under:- “1. The Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Hereinafter Referred To As The "Ld. Cit(A)"] Has Erred On Facts & In Law In Disposing The Appeal Of The Appellant By Passing An Ex-Parte Order Which Is In Gross Violation Of Natural Justice & Fair Play As The Assessee Was Not Provided Reasonable Opportunity To Have Its Say On The Merit Of The Additions Made By The Ld. Ao. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Not Appreciating That The Addition Of Rs.78,17,622/-And Also The Addition Of Rs.74,913/-Do Not Fall Under The Purview Of The Clauses Enshrined In Section 143(1) Of The I.T. Act, 1961 & Also Failed To Appreciate That The Additions Made In The Present Case Are In The Nature Of Debate

TDS allowed by the Ld. A.O. was Rs.1,47,68,402/-. 7. Appellant reserves its right to advance such other grounds before or at the time of hearing, which it may consider fit and appropriate, for which it craves leave to alter, amend or otherwise modify the grounds appearing hereinbefore with kind permission of the Hon'ble Bench

ABHISHEK TRIPATHI,JHINJHAK KANPUR DEHAT vs. ITO, WARD-1(3)(1), KANPUR, KANPUR

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

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Abhishek Tripathi V. The Ito Ward No.15, Shankarganj Ward 1(3)(1) Jhinjhak Kanpur Kanpur Dehat (U.P) Tan/Pan:Atjpt8479N (Appellant) (Respondent) Appellant By: Shri Kamlesh Kumar Pandey, Advocate Respondent By: Shri R.R.N. Shukla, D.R. O R D E R

sections 270A and 271B of the Act, separately. 2.2 Aggrieved, the Assessee preferred an appeal before the Ld. First Appellate Authority, who dismissed the appeal of the assessee for the reason of non-compliance by the Assessee. ITA No.489/LKW/2025 Page 3 of 8 2.1 Now, the assessee has approached this Tribunal challenging the order of the Addl/JCIT(A)-1, Nashik