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

capital gains transaction but the same wasapproved by the ld. Additional Commissioner of Income Tax on the nextdate which evidence that the approval was granted in mechanicalmanner. Thus, in the absence of proper approval under section 153D ofthe Act, the assessment order is bad in law. 18. Further reliance is placed upon recent decision of Hon’ble Lucknow Tribunal

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

153C were initiated against the assessee trust. Thereafter the case was transferred to the Central Circle. Detailed show cause notice about all the donations received by the trust was issued to it again by Ld. AO of central circle. The same was complied and order u/s 143(3) dt. 26.12.2017 was passed accepting the donations. The copy of the same

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

153C were initiated against the assessee trust. Thereafter the case was transferred to the Central Circle. Detailed show cause notice about all the donations received by the trust was issued to it again by Ld. AO of central circle. The same was complied and order u/s 143(3) dt. 26.12.2017 was passed accepting the donations. The copy of the same

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

gains of an industrial undertaking.: Provided that the total period of deduction does not exceed eight consecutive assessment years (or where the assessee is a cooperative society, twelve consecutive assessment years): Provided further that the industrial undertaking begins to manufacture or produce articles or things or the operate its cold storage plant or plants at any time during the period

SHRI CHETAN SHARMA,KANPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), KANPUR

In the result, both appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

capital gains on the shares sold. Also, on perusal of the order passed by Pr. CIT u/s 263 of the I.Tax Act, 1961, and plain reading of the of Para 2 at Page 1 of the order it is evident that the whole proceedings were initiated on the behest of the Assessing Officer. “It has been bought to the notice

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

capital gain on sale of shares of M/s. Blue Circle Services Ltd on face value, without independent inquiry. The Ld. PCIT was of the view that the assessment order passed by the Assessing Officer showed non-application of mind on the documents and materials on record. The Ld. PCIT passed order dated 17.03.2020 under section 263 of the Act whereby

M/S. MEHENDIPUR BALAJI IMPEX PRIVATE LIMITED,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTREL CIRCLE- II, KANPUR

In the result, the appeal is allowed

Bench: Shri. A. D. Jainassessment Year: 2014-15 M/S Mahendipur Balaji Impex V. Dcit Pvt. Ltd. Central Circle Ii 51/56, Sita Ram Market Kanpur Shakkarpatti, Kanpur Tan/Pan:Aaecm7300C (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Smt. Alka Singh, D.R. Date Of Hearing: 23 05 2019 Date Of Pronouncement: 24 05 2019 O R D E R This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)- Iv, Kanpur, Dated 22/11/2018 For The Assessment Year 2014-15, Taking The Following Effective Grounds Of Appeal: 1. Because The Learned Cit (Appeal) Was Wrong In Law & On Facts In Dismissing The Appeal Filed By The Appellant Against Assessment Order Dated 31.12.2016 Passed By Assessing Officer Central Circle Ii Kanpur In Respect Of Addition Of Rs.22,20,000/- Being Proportionate Disallowance Out Of Interest Paid. 2. Because On The Facts & Circumstances Of The Case The Learned Cit (Appeal) Should Have Deleted The Disallowance Of Interest Of Rs.22,20,000/- As The Appellant Had Sufficient Surplus Fund By Way Of Share Capital & Reserve & Surplus & Should Have Also Allowed The Claim Of Brought Forward Of Rs.7,49,430/- Of Earlier Years.

153C of the Act, which appeal was pending before him (CIT(A). The ld. CIT(A) observed that this issue would be adjudicated in that appeal and that so, the adjudication of the issue in the appeal against the order dated 30/12/2016 (the original assessment order), had no relevance. The ld. CIT(A), in my view, ought to have decided

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

capital gain on sale of shares of M/s. Blue Circle Services Ltd on face value, without independent inquiry. The Ld. PCIT was of the view that the assessment order passed by the Assessing Officer showed non-application of mind on the documents and materials on record. The Ld. PCIT passed order dated 17.03.2020 under section 263 of the Act whereby

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

Capital Gain was computed amounting to Rs.68,98,817/- and claimed deduction u/s 54F of the Income Tax Act against the investment made in house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO rejected the claim of assessee on following ground being details filed in ITR in AL schedule:- i. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda

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

Capital Gain was computed amounting to Rs.68,98,817/- and claimed deduction u/s 54F of the Income Tax Act against the investment made in house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO rejected the claim of assessee on following ground being details filed in ITR in AL schedule:- i. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda

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

Capital Gain was computed amounting to Rs.68,98,817/- and claimed deduction u/s 54F of the Income Tax Act against the investment made in house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO rejected the claim of assessee on following ground being details filed in ITR in AL schedule:- i. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda

MANSI DIDWANIA,LUCKNOW vs. D/ACIT-3, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshramansi Didwania Dcit/Acit-3 V. 112/16, Shri Ram Road, Lucknow-New/Nfac Aminabad, Lucknow, U.P.- Pratyaksh Kar Bhawan, 226018. Ram Trith Marg, Lucknow-226001. Pan:Aeupd8333B (Appellant) (Respondent) Appellant By: Shri P.K. Kapoor, Ca Respondent By: Shri Sunil Kumar Rajwanshi, Addl Cit(Dr) Date Of Hearing: 05 05 2025 Date Of Pronouncement: 14 05 2025 O R D E R

section 250 of the “Act”, which required the ld. first appellate authority to state the points for determination, decision thereon and reason, for the decision, and owing to such a violation of the Page 2 of 4 statutory provision, the impugned order deserves to be set aside and matter restored o Id. “CIT(A)” for passing the order afresh