SHRI KINGSHUK GHOSHAL,LUCKNOW vs. INCOME TAX OFFICER-6(5), LUCKNOW

The appeal of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shri Kinghshuk Ghoshal V. The Ito 6(5) E-402, Halwasiya Utsav Enclave Lucknow Opposite Hal, Faizabad Road Lucknow Tan/Pan:Affpg3258L (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 26.12.2017, Passed By The Learned Commissioner Of Income Tax (Appeal), Lucknow-3 (Ld. Cit(A)) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 29.11.2012, Declaring A Total Income Of Rs.1,05,233/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass. During The Course Of Assessment Proceedings, The Assessing Officer (Ao) Noticed That The Assessee Was Earning Interest Income From Saving Bank Deposits & Fdrs & That The Assessee Had Claimed Exemption Of Rs.71,54,619/- Under Section 54 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’). During The

Capital Gain : Rs.16,75,288/- Addition of interest income : Rs.1,37,106/- Gross total income : Rs.19,17,627/- Deduction u/s. 80E of the Act : Rs.22,221/- Net Taxable Income (rounded off) : Rs.18,95,410/- 2.2 The AO also initiated penalty proceedings under section 271(1)(c

RAJEEV GUPTA S/O LH 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 Srivastava & Shri Anadee Nath Misshraassessment Year: 2012-13 Rajeev Gupta V. The Income Tax Officer 3(3) S/O/Legal Heir Of Late Kanpur Ramesh Chandra Gupta 133/118, Transport Nagar Kanpur Tan/Pan: (Appellant) (Respondent) Appellant By: Shri Rajeev Gupta (Assessee) Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 18 09 2024 Date Of Pronouncement: 30 09 2024 O R D E R

capital gain. 2.1 The Assessing Officer also initiated penalty proceedings under section 271(1)(c) of the Act, vide order

KOBSAI HOSPITALLITIES PVT. LTD.,LUCKNOW vs. INCOME TAX OFFICER, WARD-4(1), LUCKNOW

In the result, ITA No.290/LKW/2025 is allowed for statistical purposes while

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

gain by not filing the appeal in time, the CIT(A), NFAC, was not justified in not condoning the delay, the order passed by the CIT(A), NFAC, be set aside. 03. Because the entire proceedings-initiated u/s.148 are devoid of material or reasons, there being no reason to believe, the ground on which the reopening has been initiated

KOBSAI HOSPITALITIES PVT. LTD.,LUCKNOW vs. INCOME TAX OFFICER, WARD-4(1), LUCKNOW

In the result, ITA No.290/LKW/2025 is allowed for statistical purposes while

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

gain by not filing the appeal in time, the CIT(A), NFAC, was not justified in not condoning the delay, the order passed by the CIT(A), NFAC, be set aside. 03. Because the entire proceedings-initiated u/s.148 are devoid of material or reasons, there being no reason to believe, the ground on which the reopening has been initiated

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

VIMAL KUMAR BANKA,KANPUR vs. ITO WARD-1(2)(1), KANPUR

The appeal of the assessee is allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Vimal Kumar Banka V. The Ito 5/P/25, Dabauli Ward 1(2)(1) Kanpur Kanpur Tan/Pan:Afzb1801J (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 24.11.2023, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That As Per The Assessing Officer (Ao), The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Sold An Immovable Property, Jointly Held With Mrs Kanchan Talwar, During The Year Under Consideration For A Consideration Of Rs.10,00,000/- & The Value Of The Same As Per The Stamp Valuation Authority Was Rs.23,15,000/-. The Assessing Officer (Ao), Therefore, Reopened The Case Of The Assessee Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’)

capital gain was only to the tune of Rs.17,502/- after giving the effect of indexation of cost. However, the AO worked out the LTCG at Rs.11,88,827/- and added 50% of the same (which came to Rs.5,62,730/-) to the income of the assessee as undisclosed LTCG. The AO completed the assessment under section 147 read with

USHA YADAV,LUCKNOW vs. INCOME TAX OFFICER RANGE 6(2), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

gains fall under clause (a) of section 10(37) of the Act. vi. Appellant never claimed exemption from income tax for transfer of agricultural land, while claiming said land being not a capital asset. Whereas, appellant claimed exemption for the very reason that land transferred is an agricultural land, which is a capital asset. Income tax on transfer of such

USHA YADAV,LUCKNOW vs. INCOME TAX OFFICER RANGE 6(2), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

gains fall under clause (a) of section 10(37) of the Act. vi. Appellant never claimed exemption from income tax for transfer of agricultural land, while claiming said land being not a capital asset. Whereas, appellant claimed exemption for the very reason that land transferred is an agricultural land, which is a capital asset. Income tax on transfer of such

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

271(1)(c) of the Act. The assessee submitted a response to the show cause, citing various judicial decisions in support of its claims. The assessee requested a personal hearing through video conferencing, which the department scheduled but the assessee failed to attend. The department, after considering the reply and absence of the assessee during the scheduled hearing, rejected

ASSISTANT COMMISSIONER OF INCOME TAX, LUCKNOW vs. SUDHANSHU TRIVEDI, LUCKNOW

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2015-16 The Acit V. Sudhanshu Trivedi Lucknow 21/1013, Sector 21 Indira Nagar, Lucknow (U.P) Tan/Pan:Ackpt4164G (Appellant) (Respondent) Appellant By: Shri Amit Singh Chouhan, D.R. Respondent By: S/Shri Rajat Jain & Akshat Jain, Cas O R D E R

271(1)(c) of the Act, separately. 2.2 Aggrieved, the Assessee preferred an appeal before the Ld. First Appellate Authority. The main issued raised before the Ld. First Appellate Authority was with respect to the validity of reassessment proceedings initiated by the AO under section 147 of the Act. The Ld. First Appellate Authority passed a detailed order and after

ARUN KUMAR MAURYA,LUCKNOW vs. ITO-2(1), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

c) served upon him in an improper manner: Provided that nothing contained in this section shall apply where the assessee has raised such 'objection before the completion of such assessment or reassessment." 14. Section 292BB of the Act was inserted by the Finance Act, 2008 with effect from 1 April 2008. Section 292BB of the Act provides a deeming fiction

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

Capital Gain of Rs.26,95,654/- claimed by the assessee was nothing, but an arrangement by the assessee to introduce unaccounted money in his books through accommodation entries. The AO did not accept the claim of the assessee for exemption under section 10(38) of the Act and treated the same as assessee’s own money introduced by him through

M/S AYODHYA DEVELOPMENT AUTHORITY(FORMERLY AYODHYA FAIZABAD DEVELOPMENT AUTHORITY),AYODHYA vs. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

gains from business and profession’. The net surplus disclosed by the assessee of Rs.2,24,59,203/- in the income and expenditure account was therefore added to the total income of the assessee and penalty proceedings under section 271(1)(c) were initiated. 11. Moving on further, the ld. AO observed that the assessee had transferred funds to the infrastructure

KUMAR TALKIES,BAREILLY, UTTAR PRADESH vs. INCOME TAX OFFICER-1(1), BAREILLY-NEW, BAREILLY, UTTAR PRADESH

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

Bench: Shri Anadee Nath Misshrakumar Talkies V. Income Tax Officer-1(1) Punjabi Market, Hospital Road, Fashion Point, 56, Civil Bareilly, Bareilly-243001. Lines Near Prasad Cinema, Bareily-243001. Pan:Aaafk0045M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, Advocate Respondent By: Shri R. R. N. Shukla, Addl. Cit(Dr) O R D E R

Capital Gain of Rs.25,48,616/-. 9. BECAUSE on the facts and in the circumstances of the case and in law, the penal provisions of section 271 (1)(b) and section 271 (1)(c

SAKET MURARKA,SITAPUR vs. INCOME TAX OFFICER, SITAPUR

In the result, the appeal of the assessee stands dismissed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Saket Murarka V. The Income Tax Officer Prop. M/S Murarka Brothers Sitapur Jail Road Sitapur Tan/Pan:Aaypm4558P (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 in the hands of the assessee:Rs.4,01,822/- 2.1 The AO completed the assessment under section 143(3)/147 of the Act, computing the income of the assessee for the year under consideration as under: Total income declared : Rs.8,06,880/- Addition u/s 50C(1) of the Act : Rs.4,01,822/- Total : Rs.12,08,702/- Rounded

TINICH SAHKARI GANNA SAMITI LIMITED,BASTII vs. ITO, BASTI

Bench: Shri. Sudhanshu Srivastava

271(1)(1)(c) and 271B of the Act, separately. 3.3 Aggrieved, the Assessee preferred an appeal before the NFAC, which partly allowed the appeal of the assessee. 3.4 Now, the assessee has approached this Tribunal challenging the order of the NFAC, by raising the following grounds of appeal: 1. Because the impugned order

TINICH SAHKARI GANNA SAMITI LIMITED,BASTI vs. ITO, , BASTI

Bench: Shri. Sudhanshu Srivastava

271(1)(1)(c) and 271B of the Act, separately. 3.3 Aggrieved, the Assessee preferred an appeal before the NFAC, which partly allowed the appeal of the assessee. 3.4 Now, the assessee has approached this Tribunal challenging the order of the NFAC, by raising the following grounds of appeal: 1. Because the impugned order

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

section 271(1)(c) and 271F of the Act, separately. 3. Aggrieved, the assessee preferred an appeal before the Ld. First Appellate Authority. The case of the assessee was migrated to NFAC, which dismissed the appeal of the assessee by passing an order ex-parte qua the assessee. ITA No.349/LKW/2024 Page 3 of 9 4. Now, the assessee has approached

M/S AYODHYA FAIZABAD DEVELOPEMENT AUTHORITY,FAIZABAD vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

gains from business and profession’. \nThe net surplus disclosed by the assessee of Rs.2,24,59,203/- in the income and expenditure \naccount was therefore added to the total income of the assessee and penalty proceedings under \nsection 271(1)(c) were initiated. \n11. Moving on further, the ld. AO observed that the assessee had transferred funds to the \ninfrastructure