M/S STANDARD FROZEN FOODS EXPORTS PVT LTD,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-II, KANPUR

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus entries of Long Term Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries

KAMAL KANT VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus entries of Long Term Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries

SACHIN VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - II, KANPUR

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus entries of Long Term Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus donations and the ultimate beneficiaries of the alleged donations are trustees. There is no evidence or material brought on record by the AO that during the year under consideration, the conditions prescribed under section 13 were violated by the assessee trust. In fact there is no case of violation of section 13 even

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus donations and the ultimate beneficiaries of the alleged donations are trustees. There is no evidence or material brought on record by the AO that during the year under consideration, the conditions prescribed under section 13 were violated by the assessee trust. In fact there is no case of violation of section 13 even

M/S. APCO INFRATECH PVT. LTD.,LUCKNOW vs. ACIT-1, LUCKNOW

In the result, appeals vide

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus purchases as genuine ones after admitting additional evidences in violation of Rule 46A.” C.O.No.01/Lkw/2025 “1. Because 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. 2. Because the learned CIT(A) has erred in sustaining the addition

M/S APCO INFRATECH PVT. LTD.,LUCKNOW vs. D/ACIT-1,CENTRAL-1, LUCKNOW

In the result, appeals vide

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus purchases as genuine ones after admitting additional evidences in violation of Rule 46A.” C.O.No.01/Lkw/2025 “1. Because 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. 2. Because the learned CIT(A) has erred in sustaining the addition

ASSTT. COMMISSIONER OF INCOME TAX, CC-1, LUCKNOW, AAYAKAR BHAWAN, ASHOK MARG, LUCKNOW vs. APCO INFRATECH PVT. LTD., VIBHUTI KHAND GOMTI NAGAR LKO

In the result, appeals vide

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

bogus purchases as genuine ones after admitting additional evidences in violation of Rule 46A.” C.O.No.01/Lkw/2025 “1. Because 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. 2. Because the learned CIT(A) has erred in sustaining the addition

DEPUTY COMMISSIONER OF INCOME TAX-1, KANPUR vs. SMT. SHEHLA AHMED , KANPUR

In the result, the appeal of the Revenue and the cross objection of the assessee are dismissed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2013-14 Dy. Cit-1 V. Smt. Shehla Ahmad Kanpur 376-C, Allied Street Jajmau, Kanpur Tan/Pan:Aexpa4122N (Appellant) (Respondent) C.O. No.09/Lkw/2018 [In Ita No.181/Lkw/2018] Assessment Year: 2013-14 Smt. Shehla Ahmad V. Dy. Cit-1 376-C, Allied Street Kanpur Jajmau, Kanpur Tan/Pan:Aexpa4122N (Cross-Objector) (Respondent) Department By: Shri R. K. Vishvakarma, D.R. Assessee By: Shri Swarn Singh, Fca Date Of Hearing: 24 07 2019 Date Of Pronouncement: 22 08 2019 O R D E R Per A. D. Jain, V.P.: This Is Revenue’S Appeal & Assessee’S Cross Objection Against The Order Of The Ld. Cit(A)-Ii, Kanpur, Dated 1/12/2017, For The Assessment Year 2013-14. 2. The Revenue Has Taken The Following Grounds Of Appeal: 1. The Ld. Commissioner Of Income Tax (Appeals)-Ii, Kanpur Has Erred In Law & On Facts In Deleting The Penalty Of Rs.22,00,000/- Imposed By The Assessing Officer On Account Of Undisclosed

E R PER A. D. JAIN, V.P.: This is Revenue’s appeal and assessee’s cross objection against the order of the ld. CIT(A)-II, Kanpur, dated 1/12/2017, for the assessment year 2013-14. 2. The Revenue has taken the following grounds of appeal: 1. The Ld. Commissioner of Income Tax (Appeals)-II, Kanpur has erred

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

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

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

SHYAM SUNDER GUPTA,KANPUR vs. DY. COMMISSIONER OF INCOME TAX-1, KANPUR

In the result, the appeal of the assessee is dismissed

13,52,081/- against\nwhich payment of Rs.22,81,66,482/- has been made. Further sales to the\ntune of Rs.7,69,03,751/- has also been made. Thus, there has been\nregular purchase and sale between the assessee's proprietorship concern\nM/s. R.K. Agro Enterprises and M/s. R.K. Agro Oils Pvt. Ltd.. There is no\ncash payment

SHIMLA PROPERTIES,LUCKNOW vs. PR. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, the appeal filed by the assessee is allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2012-13 Shimla Properties V. The Pcit 30C, Datiya House Lucknow Khursheed Bagh Lucknow Tan/Pan:Ablfs9732M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Neeraj Kumar, Cit (Dr) Date Of Hearing: 16 08 2022 Date Of Pronouncement: 01 09 2022 O R D E R

13) In the above view, we find no fault with the order of the Tribunal in allowing the respondent's appeal. The submission of Mr. Chandrapal, learned Counsel for the Revenue is that in case of bogus bills and non-genuine purchases i. e. where the State is being defrauded the limitation as provided under Section

SMT. SABREEN,KANPUR vs. INCOME TAX OFFICER-3(4), KANPUR

In the result, the appeal of the assessee stands partly allowed and Stay Application is dismissed as infructuous

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

E R PER T. S. KAPOOR, A.M. This is an appeal filed by the assessee against the order of learned CIT(A)-I, Kanpur dated 11/07/2019 pertaining to assessment year 2014- 2015. In this appeal the assessee has taken the following grounds: I.T.A. No.498/Lkw/2019 Assessment Year:2014-15 2 “1. That the learned CIT(A) erred in law as well

GURU KRIPA ASSOCIATES,BAREILLY vs. PR. CIT, , BAREILLY

In the result, the appeal of the assessee stands dismissed

13, 2018 passed by\nHon'ble High Court of Allahabad, in the case of\nCommissioner of Income Tax Vs. Green Land Motors.\nreported in (2018) 2 NYPCTR 639 (All.)\n(vii) Copy of Judgement and order dated September 21, 2021\npassed by Hon'ble High Court of Allahabad, in the case of\nPrincipal Commissioner of Income Tax Vs. Champ Info

SHRI UMA SHANKER DHANDHANIA,KANPUR vs. INCOME TAX OFFICER - 1(5), KANPUR

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

e) The shares were sold to the companies through the brokers; f) The brokers through whom shares had been sold, had duly accepted such sales (by the "appellant); g) The sale of shares was supported by the bills and contract notes issued by the brokers and further supported by corresponding movement in demat account; h) The price on which sale

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

13 points. ii, The Ld AO vide his notice dated 25.11.2016 has again show caused the assessee that “In post search enquiry, information related to LTG has been received and it has been established the transaction was not genuine and LTCG received by him is bogus and has also stated that in the case of assesse the LTCG amount

HORIZON DWELLINGS PRIVATE LIMITED,BAREILLY vs. PCIT, BAREILLY

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

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriahorizon Dwellings Pvt Ltd V. Pcit, Bareilly, Navjeevan Appartments, Income Tax Department, Opposite Parag Factory, Bareilly (Up)-243001. Badaun Road, Kargaina, Bareilly-243001. Pan:Aacch6839F (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Adv. Respondent By: Shri Sunil Kumar Rajwanshi, Addl. Cit(Dr) O R D E R

1) of Section 263 of the Act only after examining "the record of any proceedings under the Act". The expression 'record' has also been defined in Clause (b) of the Explanation so as to include ail records relating to any proceedings available at the time of examination by the CIT. Thus, it is not only the assessment order

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

E R PER ANADEE NATH MISSHRA, A.M.: (A). These cross appeals have been filed by the assessee and by Revenue against the impugned appellate order dated 18.04.2022 of the Ld. Commissioner of Income Tax (Appeals), Kanpur-4 [“Ld. CIT(A)”, for short] for the A.Y. 2018-19. Grounds of appeal are as under: - ITA. NO. 144/LKW/2022 1