VINAI SHUKLA,LUCKNOW vs. ACIT-1, LUCKNOW NEW, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.624/Lkw/2024 ननिाारण वर्ा/ Assessment Year: 2017-18 Vinai Shukla V. Acit-1, Lucknow New 2/280, Vikas Khand Gomti Lucknow Nagar, Lucknow-226010. Pratyaksh Kar Bhawan, Lucknow-226001. Pan:Asnps3558C अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Ms Shweta Mittal, Ca प्रत्यर्थी कक और से /Respondent By: Shri Prajesh Srivastava, Sr. Dr सुनवाई कक तारीख / Date Of Hearing: 21 08 2025 घोर्णा कक तारीख/ Date Of 12 09 2025 Pronouncement: आदेश / O R D E R

Capital Gain and assessed total income at Rs.1,41,36,990/-. Aggrieved against this, the assessee carried the matter an appeal before the Ld. CIT(A), who after considering the submissions dismissed the appeal of the assessee. Now, the assessee is in appeal before this Tribunal. 3. The assessee has taken multiples grounds including the grounds that adequate opportunity

MAHESH MITTAL,LUCKNOW vs. ACIT, RANGE-5, LUCKNOW, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshramahesh Mittal V. Acit, Range-5 1/16, Vinay Khand Gomti Income Tax Office Ashok Nagar, Lucknow-226010. Marg, Lucknow-226001. Pan:Acqpm4459B (Appellant) (Respondent) Appellant By: Shri Akshay Agarwal, Adv Respondent By: Shri Amit Singh Chauhan, Cit(Dr) O R D E R

4. ASSESSEE'S PROFILE & COMPANY'S PROFILE: Page 16 of 31 In this regard, it is important to have a look upon the important observations of AO & Ld. CIT (A) who have observed as under: AO's Observations: ".........On perusal of stock price movement of ASHIKCA CR it was found that these shares have gained its maximum high only during

INCOME TAX OFFICER-3(1), KANPUR vs. SHRI ARVIND KUMAR GUPTA, KANPUR

In the result, the appeal is held to be allowed for statistical purposes

Bench: SH.KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

section 250 of the Income Tax Act, 1961 dated 27.11.2018, wherein the ld. CIT(A) has allowed the appeal of the assessee.The grounds of appeal are as under:- “1. The Ld. Commissioner of Income Tax (Appeals)-1, Kanpur has erred in law and on facts in deleting the addition of Rs. 60,39,795/-without going into the merits

SHRI SWATANTRA KUMAR SHUKLA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-3, KANPUR

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Swatantra Kumar Shukla, Vs. Dy. Cit-3, Kanpur 61/139, Sita Ram Mohal, Kanpur- 208001 (U.P.) Pan: Acaps5484N (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 03.09.2025 Date Of Pronouncement: 24.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- 1, Kanpur, Passed On 29.07.2019 Wherein The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Under Section 143(3) Of The Act For The A.Y. 2015-16 On 29.12.2017 Has Been Dismissed. The Grounds Of Appeal Are As Under: - “1. That The Ld Cit(A) Was Wrong In Confirming The Addition Of Rs. 1,39,81,850- Made By The Ao Without Any Valid Reason. 2. That The Revenue Was Wrong In Disallowing The Claim Of Long Term Capital Gains U/S 10(38) Of The Act & The Same Is Against Facts & Law. 3. That The Various Case Law Cited By The Revenue In Rejecting The Claim Is Wrong In As Much As The Facts Of The Appellant'S Case Are Distinguishable From The Cited Case Law. 4. That The Revenue Was Wrong In Invoking Section 68 Of The Act & The Same Is Not Justified & Unwarranted. 5. That It Was Wrong On The Part Of Revenue To Invoke Section 68 Of The Act In As Much As Initial Onus On The Assessee To Establish Identity, Credit Capacity Of The Creditor & Genuineness Of The Transaction Was Discharged. 6. That The Finding Of The Ld Ao That 'Long Term Capital Gains Of Rs.1 39,81,850/ Claimed By The Assessee Is Held To Have Been Arranged By The Assessee Through

capital gains, holding them to be bogus. While doing so, he also discussed the movement of the script of M/s Jackson Investments Ltd., and raised question marks on the votality displayed in its price. Accordingly, he made an addition of Rs. 1,39,81,850/- on this account and initiated penalty proceedings under section 271(1)(c). 3. Aggrieved with

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

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 and in the circumstances of the case the order

SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

250 dated 01.03.2023\npassed by CIT(A), NFAC.\nCopy of Form 35 dated 18.01.2020 filed\nbefore the CIT(A) against the original\nassessment order dated 15.12.2019\nCopy of\nNotice\nu/s\n142(1)\ndated\n01.12.2019\nCopy of\nNotice\nu/s\n142(1)\ndated\n06.12.2019\nCopy of\nNotice\nu/s\n142(1)\ndated\n14.09.2019\nCopy of Reply filed in response to notice\nu/s

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, BAREILLY vs. MS SHREE BHAWANI MILLS, SHAHJAHANPUR

In the result, the appeal of the Department is partly allowed while the Cross

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Deputy Commissioner Of Income Vs. M/S Shree Bhawani Mills, Tax, Circle-1, Bareilly Gandhi Ganj, Shahjahanpur, U.P. Pan:Aadfs8573M (Appellant) (Respondent) & C.O. No.15/Lkw/2023 A.Y. 2017-18 M/S Shree Bhawani Mills, Gandhi Vs. Deputy Commissioner Of Ganj, Shahjahanpur, U.P. Income Tax, Circle-1, Bareilly Pan:Aadfs8573M (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. Manu Chaurasia, Cit Dr Date Of Hearing: 12.03.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Passed Under Section 250 Of The Income Tax Act On 7.09.2023 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao On 30.03.2022 Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:-

250 of the Income Tax Act on 7.09.2023 allowing the appeal of the assessee against the order passed by the ld. AO on 30.03.2022 under section 147 r.w.s. 144 of the Income Tax Act, 1961. The grounds of appeal are as under:- 1 & CO No.15/LKW/2024 M/s Shree Bhawani Mills “The ld. CIT has erred in; (i). Law and on facts

RAJEEV GUPTA L/H RAMESH CHANDRA GUPTA,KANPUR vs. ITO-3(3), KANPUR

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

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Rajeev Gupta V. The Income Tax Officer 3(3) Legal Heir Of Late Ramesh Kanpur Chandra Gupta 133/118, Transport Nagar Kanpur Nagar Tan/Pan:Aiypg8690G (Appellant) (Respondent) Appellant By: None 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

capital gain as arising, by adopting Rs.45,98,550/- as sale consideration, had escaped assessment for the year under consideration. The AO, accordingly, after recording the reasons, initiated proceedings under section 147 of the Act and issued notice under section 148 of the Act to the assessee, requiring the assessee to furnish the return of income for the year under

KAPIL KHANDELWAL,BAREILLY, UTTAR PRADESH vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-I, BAREILLY , BAREILLY, UTTAR PRADESH

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Kapil Khandelwal, Vs. Asstt. Commissioner Of 56, Moar Kothi, Gangapur, Bareilly Income Tax, Circle-I, Bareilly Pan: Aiypk4908M (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 22.01.2026 Date Of Pronouncement: 27.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Confirmed The Penalty Levied Upon The Assessee Under Section 271(1)(C) By The Ld. Ao On 17.03.2022 & Dismissed The Appeal Of The Assessee For The A.Y. 2015-16. The Grounds Of Appeal Are As Under: - “1. Because Requisite Satisfaction For Levy Of Penalty U/S 271(1)(C) If The Income Tax Act 1961 Was Not Recorded In The Regular Assessment Order Dated 22.12.2017 Passed A/S 100%, Therefore, Penalty Proceedings Got Wholly Vitiated & Consequently, The Id. "Cit(A)" Ought To Have Quashed The Penalty Order Dated 17.03.2022, Being Illegal, Bad-In-Law & Without Jurisdiction 2. Because The Show Cause Notice For Levy Of Penalty Under Section 271(1)(C) Of The Act Did Not Specify Under Which Limb Penalty Was Sought To Be Imposed I.E.. Whether On Account Of Concealment Of Income Or For Furnishing Inaccurate Particulars Of Income & Consequently, The Penalty Order Dated 17.03.2022 Passed By Faceless Assessing Officer Deserved To Be Quashed.

250 of the Income Tax Act, 1961, wherein the ld. CIT(A) has confirmed the penalty levied upon the assessee under section 271(1)(c) by the ld. AO on 17.03.2022 and dismissed the appeal of the assessee for the A.Y. 2015-16. The grounds of appeal are as under: - “1. BECAUSE requisite satisfaction for levy of penalty

TECHNICAL ASSOCIATES LIMITED,LUCKNOW vs. DCIT, RANGE-3, LUCKNOW

In the result, the appeal of the assessee stands allowed

Bench: Shri G. D. Padamahshali & Shri Subhash Malguriaassessment Year: 2015-16 Technical Associates Limited V. Dy. Commissioner Of Income 8Th Km, Faizabad Road Tax Vijaypur, Gomti Nagar Range 6 Lucknow Lucknow Pan:Aabct7365F (Appellant) (Respondent) Appellant By: Shri Santhosh Kumar Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 25 06 2024 Date Of Pronouncement: 25 06 2024 O R D E R

4 of 7 which was calculated solely for purpose of books of accounts being prepared as per the provisions of the Companies Act, 2013, does not arise. In view of these facts, the addition made on account of such profit on sale of vehicles at Rs.3,03,032/- is liable to be deleted. 7. Per contra, relying on the orders

SANDHYA BHADAURIA,LUCKNOW vs. INCOME TAX OFFICER WARD5(3), LUCKNOW, LUCKNOW

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

Bench: Shri Anadee Nath Misshrasandhya Bhadauria V. Income Tax Officer Ward-5(3) B-19, Sector-E (New) Chandralok, Aliganj, Lucknow- Aaykar Bhawan, 5 Ashok 226001. Marg, Lucknow-226001. Pan:Ahvpb8675N (Appellant) (Respondent) Appellant By: Shri Govind Krishna, Ca Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) O R D E R

4. That on the facts and in the circumstances of the case, the learned CIT (A) NFAC. has erred in law and on facts by confirming the addition of Rs, 2198591/made by the learned A.O., under the head income from Capital Gain, by invoking provisions of section SOC of the Income Tax Act, despite the fact that the Appellant made

NIRMAL SINGH,AYODHYA vs. ITO WARD-1,, FAIZABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria & Sa. No. 07/Lkw/2024 (Arising Out Of Ita. No.83/Lkw/2024 (Assessment Year: 2014-15) Nirmal Singh The Income Tax Officer, V. 15/2/16, Janki Ghat, Ayodhya- Ward-1, 224123, Faizabad (Up). Cinema Road, Faizabad- New-224001. Pan:Bdsps4165C (Appellant) (Respondent) Appellant By: Shri. Rakesh Garg, Adv Respondent By: Shri. Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 24 09 2024 Date Of Pronouncement: 10 10 2024 O R D E R

4. Because there being no approval as mandated as per section 151, from the Chief Commissioner of Income-tax, the notice issued under section 148 is without jurisdiction, the reassessment framed be quashed. 5. Because the CIT(A) has erred on facts and in law in upholding the addition of Rs.2

MAYANK SAHAI,LUCKNOW vs. DCIT/ACIT-3 LUCKOW-NEW, INCOME TAX DEPARTMENT

In the result, the appeal is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

capital gain. I.T.A. No.832/Lkw/2025 Assessment Year:2012-13 2 (C) At the time of hearing before the Tribunal, there was no representation from the assessee’s side. In the absence of any representation from the assessee’s side, the learned D.R. for Revenue was heard and the materials on record were perused. It is noticed that learned CIT(A) failed

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

250 dated 27-8-2020\n450-451\n9.\nCopy of Submissions filed before CIT(Appeals)\n452-476\n(A.3) Written submissions were filed from Revenue side, relevant portion of\nwhich is reproduced as under:\nBEFORE THE HON'BLE.. MEMBERS\nINCOME TAX APPELLATE TRIBUNAL\nA-BENCH, LUCKNOW\nIn the case of\n: M/s. APCO Infratech (P) Ltd.\nAppeal

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

In the result, appeals vide I

250 dated 27-8-2020\n450-451\n9.\nCopy of Submissions filed before CIT(Appeals)\n452-476\n\n(A.3) Written submissions were filed from Revenue side, relevant portion of\nwhich is reproduced as under:\n\nBEFORE THE HON'BLE.. MEMBERS\nINCOME TAX APPELLATE TRIBUNAL\nA-BENCH, LUCKNOW\n\nIn the case of\nAppeal No\n Assessment Year\nDate

DCIT, RANGE-3, LUCKNOW vs. M/S WELLDONE INFRASTRUCTURE PVT. LTD., LUCKNOW

In the result, the appeal of the Revenue is dismissed

Bench: Sh.Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.2017-18 Dy. Commissioner Of Income Tax, Vs. M/S Welldone Infrastructure Range-3, Lucknow Private Limited, Lucknow Pan:Aaacw6354Q (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Amit Singh Chauhan, Addl (Cit) & Sh. Sunil Kumar Rajwanshi, Addl Cit (Dr) Date Of Hearing: 10.02.2025 Date Of Pronouncement: 22.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A)-2, Lucknow Under Section 250 Of The Income Tax Act, 1961 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao Under Section 143(3) On 19.12.2019. The Grounds Of Appeal Are As Under:- “1. That The Ld. Cit(A)-2, Lucknow Has Erred In Law & On Facts In Deleting The Addition Of Rs.2,26,72,571/- Without Appreciate The Fact That The Assessee Is Involved In The Business Of Developing Properties & Selling It & Is Earning Rental Income Which Is Incidental To The "Revenue From Business Operations" Of The Assessee. 2. Ld. Cit(A) Had Erred In Law & On Facts Ignoring The Fact That The Assessee, While Filing Original Return Of Income Had Itself Considered That Rental Are In The Nature Of Revenue From Business Operations.

250 of the Income Tax Act, 1961 allowing the appeal of the assessee against the order passed by the ld. AO under section 143(3) on 19.12.2019. The grounds of appeal are as under:- “1. That the Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition of Rs.2,26,72,571/- without appreciate

SUJEET GUPTA,BAREILLY vs. ITO WARD-2(2), BAREILLY NEW

The appeal stands partly allowed for statistical purposes

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Subhash Malguriaआयकर अपऩल सं. / Ita No.208/Lkw/2024 निर्धारण वषा / Assessment Year : 2018-19 Sujeet Gupta, Shop No. S-55, M/S Paris Fashions, Awas Vikas Market, Rajendra Nagar, Bareilly, Up-243122 Pan: Aifpg6341K . . . . . . . अपीलार्थी / Appellant

250 of the Act dt. 07/02/2024, which confirmed the order of penalty passed u/s 270A of the Act for the assessment year 2018-19 [Now onwards ‘AY’]. ITAT-Lucknow Page 1 of 6 Sujeet Gupta Vs ITO Ward-2(2) ITA No.208/LKW/2024 AY:2018-19 2. The case was called twice; none appeared at the behest of the assessee

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. 4

M/S. SANGAM POWER GENERATION COMPANY LTD., ,NOIDA vs. ITO- 6(1), LUCKNOW

Appeals of the assessee are PARTLY ALLOWED

Bench: Hon’Ble Shri G. D. Padmahshali & Hon’Ble Shri Subhash Malguriaआयकर अपऩल सं. / Ita No.264 & 265/Lkw/2020 निर्धारण वषा / Assessment Year : 2013-14 To 2014-15 Sangam Power Generation Company Ltd, Sector – 128, Gautam Budh Nagar, Noida, Up-201304 Pan: Aakcs8971P . . . . . . . अपीलार्थी / Appellant

250 of the Income Tax Act, 1961 [‘Act’ hereinafter] both dt. 22/06/2020 anent to assessment year 2013-14 & 2014-15 [‘AY’ hereinafter]. 2. Since facts & issue involved in both these appeals are common & identical, on rival party’s request, for sake of convenience & brevity these are heard together for being disposed of by way of common & consolidated order. ITAT-Lucknow