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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

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

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

Capital Gain [hereinafter referred to as ‘LTCG’] under Section 10(38) of the Act. He inter alia concluded that the assessee had adopted a colorable device of LTCG to avoid tax and accordingly framed the assessment order under Section 143(3) of the Act at the total income of Rs. 1,09,12,060/-, making an addition

SHILPA KHANDELWAL,BAREILLY vs. DEPUTY COMMISSIONER OF INCOME TAX-2, BAREILLY

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

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Smt. Shilpa Khandelwal V. The Dy. Cit-2 330, Kalibari Bareilly Bareilly (U.P) Tan/Pan:Arypk5700A (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 27 02 2025 Date Of Pronouncement: 24 04 2025 O R D E R

133(6) of the Act from M/s Shalibhadra Steel Private Limited, confirmed transfer of 3000 shares of Kappac Pharma Ltd. However, this was ignored by the AO. 9.1 It is also to be noted that section 142 of the Act requires the AO to make enquiries before completing an assessment. Provisions of section 142(2) of the Act provide that

MOHAMMED JUNED SIDDIQUI,LUCKNOW vs. DCIT/ACIT-1, LUCKNOW

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2016-17 Mohammed Juned Siddiqui, Vs. Dcit/Acit-1, C-84/2, Sarvodaya Nagar, Indira Lucknow New Nagar, Lucknow-226016 Pan: Aqnps6188G (Appellant) (Respondent) Assessee By: Sh. Samrat Chandra Ca & Ms. Gurneet Kaur, Advocate Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-3, Lucknow Under Section 250 Of The Income Tax Act, 1961 On 20.11.2024, Dismissing The Appeals Of The Assessee Against The Order Of The Ld. Ao Dated 30.12.2018, Passed Under Section 143(3). The Grounds Of Appeal In Both The Appeals Are As Under: - “1. Because On The Facts & In The Circumstances Of The Case The Order Of Ld. Cit(A) Is Bad In Law & Deserves To Be Quashed Being Illegal. 2. Because On The Facts & In The Circumstances Of The Case The Order Of Ld. Cit(A) Is Bad Ld. Cit(A) Confirmed The Addition Of Rs.11,38,70,742/- Under The Head Capital Gain, Which Was Exempt U/S 10(37) Of The Income Tax Act, 1961 & Not Allowing The Benefit Of Provision Of Rfctlarr Act, 2013. 3. Because On The Facts & In The Circumstances Of The Case The Ld. Cit(A) Has Confirmed The Addition Of Rs. 11,38,70,742/- Only On The Basis Of Roving Enquiries Without Providing An Opportunity Of Being Heard. 4. Because Without Considering The Facts & Circumstances Of The Case The Ld. Cit(A) Has Confirmed The Addition Of 6,98,27,344/- Under The Head Capital Gains Being Amount

section 133(6) was issued to the Executive Engineer UPPTCL, calling for details of land owners whose lands had been acquired during the financial year 2015-16 in respect of Mohammadpur Mazra (Pargana Mohan) Tehsil. In response, the necessary details were submitted. On perusal of the sale agreement registered on 17.12.2015, the ld. AO noted that in the deed

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

section 133(6) of the Act and subsequently, reassessment proceedings were dropped. This initiation of reassessment proceedings in assessment year 2011-12 and its subsequent closure without any addition would also emphasize the fact that although the issue of Long Term Capital Gain

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

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

133(6) were called for from the brokers as well as Commission u/s 131(1)(d) of the IT Act1961were also make an enquiry about the transaction. The brokers have furnished the copies of account of the assessee as appearing in their books of accounts. The demant accounts of the assessee have also been furnished. However, the DDIT(INV.) Mumbai

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

133 (6) of the I.T. Act, 1961. In response, all the donors accepted to have given the corpus donation to the trust. From the verification of the replies of the donors it was observed that all the donors are assessed to tax with different assessing officers as well as the donations were given through account payee cheques. Since

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

133 (6) of the I.T. Act, 1961. In response, all the donors accepted to have given the corpus donation to the trust. From the verification of the replies of the donors it was observed that all the donors are assessed to tax with different assessing officers as well as the donations were given through account payee cheques. Since

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

133(6) were called for from the brokers as well as Commission u/s 131(1)(d) of the IT Act1961were also make an enquiry about the transaction. The brokers have furnished the copies of account of the assessee as appearing in their books of accounts. The demant accounts of the assessee have also been furnished. However, the DDIT(INV.) Mumbai

SHRI JAYENDRA PRATAP SINGH,BASTI vs. ACIT, CIRCLE, GONDA

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

Bench: Shri T. S. Kapoorassessment Year:2013-14

section 133(6), cannot be construed as an evidence against the assessee, the addition made by the Assessing Officer and upheld by the CIT(A) is contrary to the provisions of law and be deleted. 6. Because complete evidence in respect of the purchase and sale of shares having been filed before the Assessing Officer, and also before

GOPAL JI MISHRA,LUCKNOW vs. ITO-6(5), LUCKNOW

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

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2013-14 Gopal Ji Mishra V. The Income Tax Officer 6(5) K-1218, Ashiana Lucknow - New Kanpur Road, Lucknow Tan/Pan:Akjpm8317M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 18 03 2025 Date Of Pronouncement: 20 03 2025 O R D E R

133(6) of the Act, made various additions and completed the assessment under section 147 read with 144 of the Act, computing the income of the assessee as under: Addition of Income from Salary : Rs.6,00,000/- Addition of interest income : Rs.29,848/- Addition u/s. 69A of the Act : Rs.15,85,904/- Addition u/s. 50C of the Act : Rs.25

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

133(6) during the assessment proceedings for AY 2015-16 on the old address of M/s. Silver Agencies Pvt. Ltd. and the said queries were satisfied by the loan creditor by filing its copy of ITR, Bank Statement and confirmation of the transactions before AO. Lastly, AO did not confront the findings of the inquiry report of the DDIT

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

133(6) during the assessment proceedings for AY 2015-16 on the old address of M/s. Silver Agencies Pvt. Ltd. and the said queries were satisfied by the loan creditor by filing its copy of ITR, Bank Statement and confirmation of the transactions before AO. Lastly, AO did not confront the findings of the inquiry report of the DDIT