ASSISTANT COMMISIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. MOHIT ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

bogus LTCG. The AO required the assessee to establish the genuineness of the LTCG. The response of the assessee was that the payments made for the purchase of the scrip were through proper and authenticated banking channels and that the said shares had been sold on recognized stock exchange and that further the Long-Term Capital Gains earned were completely

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

bogus LTCG. The AO required the assessee to establish the genuineness of the LTCG. The response of the assessee was that the payments made for the purchase of the scrip were through proper and authenticated banking channels and that the said shares had been sold on recognized stock exchange and that further the Long-Term Capital Gains earned were completely

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

bogus LTCG. The AO required the assessee to establish the genuineness of the LTCG. The response of the assessee was that the payments made for the purchase of the scrip were through proper and authenticated banking channels and that the said shares had been sold on recognized stock exchange and that further the Long-Term Capital Gains earned were completely

RAJINDER KUMAR,ALLAHABAD ROAD, FAIZABAD vs. INCOME TAX OFFICER, FAIZABAD

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

Bench: Shri Kul Bharatआयकर अपील सं/ Ita No.293/Lkw/2025 ननिाारण वर्ा/ Assessment Year: 2018-19 Rajinder Kumar V. Income Tax Officer Mahavir Agricultural Industries, Income Tax Department, Allahabad Road, Faizabad- Faizabad, Uttar Pradesh- 224001. 224001. Pan:Aawpk2983L अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Sudhir Sehgal, Advocate प्रत्यर्थी कक और से /Respondent By: Shri Amit Kumar, Sr. Dr सुनवाई कक तारीख / Date Of Hearing: 25 11 2025 घोर्णा कक तारीख/ Date Of 27 11 2025 Pronouncement: O R D E R Per Kul Bharat.: This Appeal, By The Assessee, Is Directed Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac) Dated 17.02.2025 Pertaining To The Assessment Year 2018-19. The Assessee Has Raised The Following Grounds Of Appeal: - “1. That The Order Of The Ld. Cit(A) Is Against Law & Facts Of The Case On The File. 2. That The Ld. Cit(A) Erred In Sustaining The Addition Of Rs. 10,58,720/- Made By The Ao Under Section 69C Of Income Tax Act In Respect Of Purchases Made By The Assessee From M/S. Mideast Integrated Steel Ltd. 3. That The Ld. Cit(A) Gravely Erred In Not Allowing Proper Opportunity Of Being Heard. 4. That The Ld. Cit(A) Erred In Sustaining The Assessment Wrongly Reopened Under Section 147 Of The Income Tax Act, 1961 By The Ao. Page 2 Of 4 5. That The Appellant Begs To Add Or Amend Any Ground Of Appeal Before The Appeal Is Heard & Disposed Off.” 2. Apropos To The Grounds Of Appeal, The Ld. Counsel For The Assessee, At The Outset, Contended That The Impugned Order Has Been Passed Without Giving Effective Opportunity Of Being Heard To The Assessee. He, Therefore, Prayed That The Matter May Be Restored To The File Of The Ld. Cit(A) For Fresh Adjudication.

reopened under Section 147 of the Income Tax Act, 1961 by the AO. Page 2 of 4 5. That the appellant begs to add or amend any ground of appeal before the appeal Is heard and disposed off.” 2. Apropos to the grounds of appeal, the Ld. Counsel for the assessee, at the outset, contended that the impugned order

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

reopening of proceedings provides a\nsafeguard against any potential prejudice due to the change of incumbent.\nOn the above discussion it can be easily concluded that:\nThe incumbent A.O. provided the assessee the opportunity of being heard\nbefore passing the assessment order.\nThe assessment order has been passed withing time limit.\nThe assessee did not raise the issue of time

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

reopening of proceedings provides a\nsafeguard against any potential prejudice due to the change of incumbent.\nOn the above discussion it can be easily concluded that:\nThe incumbent A.O. provided the assessee the opportunity of being heard\nbefore passing the assessment order.\nThe assessment order has been passed withing time limit.\nThe assessee did not raise the issue of time

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

In the result, appeals vide I

bogus purchases as genuine ones after admitting additional evidences in violation of Rule 46A.”\n\nC.O.No.01/Lkw/2025\n\n1.\nBecause the learned CIT(A) has erred on facts & law not deleting the issue relating to issuance of notice u/s 148 by Assessing Officer not accordance with law and facts.\n\n2.\nBecause the learned CIT(A) has erred in sustaining

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

assessment proceedings. We find that in the order dated 06/04/2022, in the case of the assessee itself for earlier years, similar findings of learned CIT(A) were upheld and the appeals filed by the Revenue were dismissed. For the sake of completeness, the detailed findings of the Tribunal contained in para 9 and 10 are reproduced below: 9. Now coming

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

assessment proceedings. We find that in the order dated 06/04/2022, in the case of the assessee itself for earlier years, similar findings of learned CIT(A) were upheld and the appeals filed by the Revenue were dismissed. For the sake of completeness, the detailed findings of the Tribunal contained in para 9 and 10 are reproduced below: 9. Now coming

SHIV ASREY SINGH,KANPUR vs. DY.CIT-2, KANPUR

The appeal of the assessee stands partly allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shiv Asrey Singh V. The Dcit-2 Sb-17, Sbi Colony Kanpur Ratanlal Nagar Kanpur Tan/Pan:Aizps6999M (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R

purchase or sell the impugned shares during the year under consideration. It was submitted that the assessee had sold the shares in the earlier assessment year, i.e., in assessment year 2011-12 and that an amount of Rs.26,95,654/- was to be received against such sale proceeds of the shares in assessment year 2011-12 and accordingly the resultant

M/S. NARAIN PROPERTIES LIMITED,KANPUR vs. ACIT-VI, KANPUR

In the result, the appeal of the assessee

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

assessment order was dismissed by the learned CIT(A) vide impugned appellate order dated 15.03.2010. The assessee has filed this appeal in Income Tax Appellate Tribunal (in short the ‘ITAT. Vide impugned appellate order dated 15.03.2010, the learned CIT(A) held that the appellant assessee had failed to prove that the delivery of shares were taken/given and further, that

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.181 & 182/Lkw/2024 A.Ys.2017-18 & 2018-19 Rohilkhand Educational Vs. Dcit, Charitable Trust, Bareilly Central Circle, Bareilly Pan: Aaatr6902J (Appellant) (Respondent) Assesseeby: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 22.09.2025 O R D E R Per Bench: [ These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A)-3, Lucknow Dated 19.03.2024 & 22.03.2024, Passed Under Section 250 Of The Income Tax Act, 1961, For The A.Ys. 2017-18 & 2018-19, Dismissing The Appeals Of The Assessee Against Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “(1).That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Not Considering The Fact That In The Alleged Assessment Order, The Columns Of Name Of Assessee, Pan, Asst Year, Date Of Assessment & Section Under Which Passed, Are Blank. (2)That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Treating The Demand As Valid Which Was Not Computed On The Basis Of Orderthat May Not Be Termed To Be An Order Under Section 143(3). (3) That A Demand Of Tax As Computed In The Computation Sheet Is Without Jurisdiction Void-Ab-Inito & Is Liable To Be Annulled. (4) That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Confirming The Addition Of Rs. 736591857/-Comprising  Corpus Donation Aggregating To Rs 7,68,95,000/-, A.Ys. 2017-18 & 2018-19

reopened by issue of notice under section 148 on account of the cancellation of registration under section 12A, the assessments had been completed at nil income after allowing the benefit of section 11, on account of the restoration of registration under section 12A of the Act through an order dated 20.10.2021 and while the Department had filed appeal against

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

reopened by issue of\nnotice under section 148 on account of the cancellation of registration under\nsection 12A, the assessments had been completed at nil income after allowing the\nbenefit of section 11, on account of the restoration of registration under section\n12A of the Act through an order dated 20.10.2021 and while the Department had\nfiled appeal against

RAGHAV AGARWAL (HUF),KANPUR vs. ITO WARD 1(1)(3), KANPUR

In the result, the appeal of the assessee is dismissed as withdrawn

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraraghav Agarwal (Huf) The Income Tax Officer V. 563, Muir Road, Cantt., Ward-1(1)(3) Kanpur-208004. Aayakar Bhawan, 16/69, Civil Lines, Kanpur- 208001. Pan:Aanhr2365C (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Adv Respondent By: Shri. Sanjeev Krishna Sharma, Addl Cit(Dr) Date Of Hearing: 22 01 2025 Date Of Pronouncement: 06 02 2025 O R D E R

bogus, only roving and fishing enquiry, incomplete, leading nowhere, there being no nexus between the material and the reasons recorded, far less any satisfaction of the AO, the entire proceedings initiated right from recording of reasons, issue of notice u/s 148 and reassessment thereafter is all without jurisdiction, the same be quashed. 3. Because the CIT(A) has failed

ASSISTANT COMMISSIONER OF INCOME TAX, LUCKNOW vs. SUDHANSHU TRIVEDI, LUCKNOW

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2015-16 The Acit V. Sudhanshu Trivedi Lucknow 21/1013, Sector 21 Indira Nagar, Lucknow (U.P) Tan/Pan:Ackpt4164G (Appellant) (Respondent) Appellant By: Shri Amit Singh Chouhan, D.R. Respondent By: S/Shri Rajat Jain & Akshat Jain, Cas O R D E R

reopened under section 147 of the Income Tax Act, 1961 (hereinafter called “the Act’) citing the reason that the assessee had received unsecured loan of Rs.1,36,00,000/- from M/s Horizon Portfolio Ltd. In response to the notice issued by the Assessing Officer (AO) under section 148 ITA No.418/LKW/2024 Page 2 of 14 of the Act, dated