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

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)

bogus purchases and added back to the income of the assessee as the assessee had failed to substantiate the same with cogent evidence. He also brought it to tax under section 115BBE. He also made an addition of Rs. 6,893/- holding that the interest paid on late deposit of TDS was violative of Explanation 1 to sub section 1

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 from Poddar Group of trusts to the tune of Rs.37500000 during the Page 28 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 relevant year. This information was received by the Assessing officer from Investigation wing Mumbai and on the basis of the same, reassessment proceedings were initiated in the hands of the assessee. Grounds 1

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 from Poddar Group of trusts to the tune of Rs.37500000 during the Page 28 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 relevant year. This information was received by the Assessing officer from Investigation wing Mumbai and on the basis of the same, reassessment proceedings were initiated in the hands of the assessee. Grounds 1

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

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

In the result, the appeal of the assessee is dismissed

purchase tax @ 5% has\nbeen -aid, that the said expenses have been incurred, without which the\ngoods cannot be packed and sold, being fully verifiable, the amounts have\nbeen tax audited the disallowance made on adhoc basis and upheld by\nthe CIT(A) is arbitrary and be deleted.\n10. Because the CIT(A) has erred on facts

ALLIANCE NIRMAAN LIMITED,BAREILLY vs. PCIT, BAREILLY

In the result, the appeal of the assessee is allowed

1) of Section 263 of the Act only after examining \"the record of any proceedings\nunder the Act\". The expression 'record' has also been defined in Clause (b) of the Explanation so\nas to include all records relating to any proceedings available at the time of examination by the\nCIT. 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

section 37 of the IT Act, 1961. 3. That the Ld. AO well as Ld. CIT(A) has erred in confirming addition of Rs.25,52,798/- on account of extra profit on the alleged shortage of stock. (This ground of appeal was not pressed by the assessee). 4. That the order passed by Ld. AO is bad on facts

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

section 37 of the IT Act, 1961. 3. That the Ld. AO well as Ld. CIT(A) has erred in confirming addition of Rs.25,52,798/- on account of extra profit on the alleged shortage of stock. (This ground of appeal was not pressed by the assessee). 4. That the order passed by Ld. AO is bad on facts

ITO, WARD-2(3)(1), KANPUR, KANPUR vs. KHANNA SALES (INDIA) PVT. LTD., KANPUR

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Ito, Vs. Khanna Sales (India) Pvt. Ltd., Ward-2(3)(1), Kanpur 54/34, Nayaganj, Kanpur Pan: Aabck4442N (Appellant) (Respondent) Assessee By: Sh. Swarn Singh, C.A. Revenue By: Sh. Amit Kumar, Addl. Cit Dr Date Of Hearing: 20.11.2025 Date Of Pronouncement: 16.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Orders Of The Ld. Cit(A), Nfac Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 143(3) For The A.Y. 2017- 18 On 29.12.2019. The Grounds Of The Appeal Are As Under: - “1- Ld. Cit (A) Has Erred In Law & Facts By Not Appreciating The Pattern Of Cash Sales Discussed By The Assessing Officer In Detail In His Order Which Shows A Substantial Jump Of 38% Of Total Sales In The Month Of October, 2016 I.E. The Period Immediately Prior To Demonetization In November, 2016. Cash Sales Before & After This Period Is Negligible. 2. That The Appellant Craves Leave To Add Or Amend Any One Or More Of The Grounds Of Appeal As Stated Above As & When Need For Doing So May Arise. 3. Ld. Cit(A) Has Erred In Law & Facts In Deleting The Addition Of 3 Rs. 2,64.19.000/- On Account Of Cash Deposits U/S 68 Of The Income Tax Act 1961. 4. Ld. Cit(A) Has Erred In Law & Facts By Not Appreciating That U/S 68 The Ao Is Not Required To Reject The Books Of Accounts. The Only Requirement Is That, If The Explanation Offered By The Assessee Is Not, In The Opinion Of The Assessing Officer Satisfactory, The Sum (Cash Sales) So Credited Can Be Charged To Income-Tax As The Income Of The Assessee Of That Previous Year.”

37,21,025/- which went to prove that bogus sales had been credited in the books of accounts to accommodate unaccounted sales. The ld. AO also pointed out that purchase was an important factor and therefore, the purchase pattern had also been verified from the purchase register that was made available during assessment proceedings. He noted that

INCOME TAX OFFICER-3(4), KANPUR vs. SHRI SANTOSH KUMAR AGARWAL, KANPUR

In the result, the appeal of the Revenue is dismissed

Bench: Shri T. S. Kapoor

purchased and sold by many investors through various brokers across the country, leading to some bogus transaction, or the promoters of the Scrip company were in collusion for providing certain sham transactions, such transactions of the appellant cannot be held to be a sham transaction only by mere assumption unless any specific material is found against the appellant. AO made

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

1. That the Ld. A.O. wrongly objected the direction of the Ld. CIT Appeal for deleting the addition Rs. 4,95,42,049/- on account of interest of un-utilised funds on the face of finding by the Ld. CIT Appeal that the interest accrued on the advances received by the assesse from the govt. for construction activities

INCOME TAX OFFICER-1(3), KANPUR vs. SHRI RAJ KUMAR AGARWAL, KANPUR

In the result, both the appeals of the Revenue are dismissed

Bench: Shri T.S. Kapoor

1), Lucknow in ITA N0.70/LKW/2011 dated 12/03/2015 after relying upon the case of Mohit Agarwal vs. ACIT in I.T.A. No.l71/Lkw/2008 dated 28/11/2008 that when overwhelming documentary evidences are produced by the assessee, the burden shifts on the AO to explain away them. Only the investigation report cannot be relied upon by AO for making any addition. Hew the above mentioned

MARGHOOB ALAM,KANPUR vs. DCUT, CC-II, KANPUR, KANPUR

In the result, all the appeals of the assessees are partly allowed

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

1. Mridula Agarwal, ITSSA No. 410 & 412/Lkw/2019 dated 05.04.2022 2. Meenakshi Agarwal & Others, ITA 234-235/Lkw/2020 dated 11/08/2021 3. Sabreen, ITA 298/Lkw/2019 dated 20/07/2021 4. Uma Shanker Dhandhania, ITA 475 & 681/ Lkw/2019 dated 16/02/2021 5. Sarita Gupta, ITA 503/Lkw/2019 dated 18/01/2021 6. Achal Gupta & Others, ITA 501, 502, 505/Lkw/2019 dated 16/12/2020 4.9 We further find that Hon'ble Gujarat

NAUSHEEN FARAH,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals of the assessees are partly allowed

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

1. Mridula Agarwal, ITSSA No. 410 & 412/Lkw/2019 dated 05.04.2022 2. Meenakshi Agarwal & Others, ITA 234-235/Lkw/2020 dated 11/08/2021 3. Sabreen, ITA 298/Lkw/2019 dated 20/07/2021 4. Uma Shanker Dhandhania, ITA 475 & 681/ Lkw/2019 dated 16/02/2021 5. Sarita Gupta, ITA 503/Lkw/2019 dated 18/01/2021 6. Achal Gupta & Others, ITA 501, 502, 505/Lkw/2019 dated 16/12/2020 4.9 We further find that Hon'ble Gujarat

SHAHEEN RABIA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -II, KANPUR

In the result, all the appeals of the assessees are partly allowed

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

1. Mridula Agarwal, ITSSA No. 410 & 412/Lkw/2019 dated 05.04.2022 2. Meenakshi Agarwal & Others, ITA 234-235/Lkw/2020 dated 11/08/2021 3. Sabreen, ITA 298/Lkw/2019 dated 20/07/2021 4. Uma Shanker Dhandhania, ITA 475 & 681/ Lkw/2019 dated 16/02/2021 5. Sarita Gupta, ITA 503/Lkw/2019 dated 18/01/2021 6. Achal Gupta & Others, ITA 501, 502, 505/Lkw/2019 dated 16/12/2020 4.9 We further find that Hon'ble Gujarat

ZAIN ALAM,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- II, KANPUR

In the result, all the appeals of the assessees are partly allowed

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

1. Mridula Agarwal, ITSSA No. 410 & 412/Lkw/2019 dated 05.04.2022 2. Meenakshi Agarwal & Others, ITA 234-235/Lkw/2020 dated 11/08/2021 3. Sabreen, ITA 298/Lkw/2019 dated 20/07/2021 4. Uma Shanker Dhandhania, ITA 475 & 681/ Lkw/2019 dated 16/02/2021 5. Sarita Gupta, ITA 503/Lkw/2019 dated 18/01/2021 6. Achal Gupta & Others, ITA 501, 502, 505/Lkw/2019 dated 16/12/2020 4.9 We further find that Hon'ble Gujarat

NISHAT ARA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals of the assessees are partly allowed

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

1. Mridula Agarwal, ITSSA No. 410 & 412/Lkw/2019 dated 05.04.2022 2. Meenakshi Agarwal & Others, ITA 234-235/Lkw/2020 dated 11/08/2021 3. Sabreen, ITA 298/Lkw/2019 dated 20/07/2021 4. Uma Shanker Dhandhania, ITA 475 & 681/ Lkw/2019 dated 16/02/2021 5. Sarita Gupta, ITA 503/Lkw/2019 dated 18/01/2021 6. Achal Gupta & Others, ITA 501, 502, 505/Lkw/2019 dated 16/12/2020 4.9 We further find that Hon'ble Gujarat