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

capital receipt. Accordingly, section 115BBE is not applicable on the assessee. On the basis of the above submissions, it is very clear that the Ld. Assessing Officer has erred both on the facts as well as in law in treating the corpus donation as income u/s 2(24) and making the addition u/s 68 . The order passed is not tenable

ASSISTANT COMMISIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. MOHIT ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

73,600/- after making an addition of Rs. 11,17,87,500/- being addition under section 68 of the Act on account of Long Term Capital Gain. 2.2 Aggrieved, the assessee preferred an appeal before the ld. First Appellate Authority challenging the addition. The ld. First Appellate Authority deleted the entire addition by observing that on perusal of the assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

73,600/- after making an addition of Rs. 11,17,87,500/- being addition under section 68 of the Act on account of Long Term Capital Gain. 2.2 Aggrieved, the assessee preferred an appeal before the ld. First Appellate Authority challenging the addition. The ld. First Appellate Authority deleted the entire addition by observing that on perusal of the assessment

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

73,600/- after making an addition of Rs. 11,17,87,500/- being addition under section 68 of the Act on account of Long Term Capital Gain. 2.2 Aggrieved, the assessee preferred an appeal before the ld. First Appellate Authority challenging the addition. The ld. First Appellate Authority deleted the entire addition by observing that on perusal of the assessment

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

gains by an industry entitled to benefit\nunder Section 80-E cannot be reduced by the loss suffered by any\nother industry or industries owned by the assessee.\n15. In the case before us, there is no discussion about Section 80-\nIA(5) by the Appellate Authority, nor the Tribunal and the High Court.\nHowever, we have considered the submissions

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

In the result, appeals vide I

gains by an industry entitled to benefit\nunder Section 80-E cannot be reduced by the loss suffered by any\nother industry or industries owned by the assessee.\n\n15. In the case before us, there is no discussion about Section 80-\nIA(5) by the Appellate Authority, nor the Tribunal and the High Court.\nHowever, we have considered

DCIT, RANGE-3, LUCKNOW vs. M/S. PRAYAGRAJ POWER GENERATION COMPANY LTD.,, NOIDA

In the result, ground no. 1 of appeal is dismissed and ground no

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

73,28,994/-. Relevant portion of the assessment order is reproduced as under: I.T.A. No.393/Lkw/2020 Assessment Year:2016-17 3 I.T.A. No.393/Lkw/2020 Assessment Year:2016-17 4 I.T.A. No.393/Lkw/2020 Assessment Year:2016-17 5 I.T.A. No.393/Lkw/2020 Assessment Year:2016-17 6 I.T.A. No.393/Lkw/2020 Assessment Year:2016-17 7 I.T.A. No.393/Lkw/2020 Assessment Year:2016-17 8 (B.1) In the aforesaid assessment

DY. COMMISSIONER OF INCOME TAX-VI, KANPUR vs. COMMERCIAL AUTOMOBILES PVT. LTD., KANPUR

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2006-07 Asstt. Commissioner Of Vs. M/S Commercial Automobiles Pvt. Ltd., Income Tax-5, Kanpur 84/105, Kailash Motors Building, G.T. Road, Afim Kothi, Kanpur-208003 Pan: Aaccc4267E (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 04.11.2025 Date Of Pronouncement: 24.11.2025 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)- 2, Kanpur Dated 25.09.2017, Wherein The Ld. Cit(A) Has Partly Allowed The Appeal Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 143(3) Of The Income Tax Act, 1961, For The A.Y. 2006-07 On 23.12.2008. The Grounds Of Appeal Are As Under:- “1. That The Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs. 5,32,366/- U/S 14A Without Taken Into Consideration That The Expenditure Incurred In Relation To Exempt Income. 02. That The Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs. 99,56,258/-Without Appreciating That The Provisions Of Sec. 50C Have Been Invoked By The Assessing Officer On The Basis Of Stamp Valuation Of The Property. The Assessee Has Not Claimed Before The Assessing Office To Make The Reference To The Valuation Officer U/S 55A Of It Act, 1961. 3 That The Cit(A) Has Erred In Law & On Facts Of The Case In Deleting The Addition Of Rs. 3,20,90,164/- On Account Of Loss Claimed On Sale Of Shares Without Appreciating That The Transaction As Claimed Were Sham & Was Incorporated Only To Evade The Capital Gain Earned On The Sale Of Properties. The Cit(A) Has Erred In Law & On The Facts Of The Case In Ignoring The Facts Noted By The Assessing Officer Regarding The Transaction Of Sale Of Shares.

capital gain earned on the sale of properties. The CIT(A) has erred in law and on the facts of the case in ignoring the facts noted by the Assessing Officer regarding the transaction of sale of shares. 1 Commercial Automobiles Pvt. Ltd. A.Y. 2006-07 4. That the order of the CIT(A) being erroneous

AYYUB JAFRI,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX-6, LUCKNOW

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

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

section 54F. The ld. AO pointed out to the assessee that additional documents were required to examine the claim such as sale / purchase deeds, documents in support of claimed costs of improvement, evidence of deposit of sale consideration into capital gain accounts, bills and vouchers pertaining to cost of house constructed by you, details of parties to whom payments were

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

1. Because the reassessment proceedings initiated, notice issued u/s. 148 and the re-assessment framed, are all without jurisdiction bad in law be quashed. 2. Because the entire reopening having been done based on borrowed satisfaction, bereft of any independent investigation/enquiry by the AO, lacking satisfaction, the notice issued u/s.148 and the S.A. No.07/LKW/2024 Page 2 of 17 reassessment framed

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

73,690/-. Along with the assessment order, the Assessing ITA Nos.190 & 191/LKW/2020 Page 4 of 30 Officer also recorded a detailed office note, which is reproduced below for the ease of reference: - “1. The seized material as well as appraisal report has duly been considered/examined while passing this assessment order. 2. During the course of search and seizure proceedings, cash

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

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

73,690/-. Along with the assessment order, the Assessing Officer also recorded a detailed office note, which is reproduced below for the ease of reference:\n\n“1. The seized material as well as appraisal report has duly been considered/examined while passing this assessment order.\n\n2. During the course of search and seizure proceedings, cash to the tune

M/S. NARAIN PROPERTIES LIMITED,KANPUR vs. ACIT-VI, KANPUR

In the result, the appeal of the assessee

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

gain which is to be computed in view of provision of section 45 to 54 of 1.T. Act or capital loss which is not admissible at all. The assesse has not furnished any material which proves delivery of shares at the time of purchase and sales. Therefore, in absence of am satisfactory reply and adequate details, the losses

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

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

VIJAY PAL SINGH,HARDOI vs. ASSESSMENT UNIT, NFAC

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

capital gains by takin Rs.1.15 51,737/-being the value taken by stamp authorities as sale consideration as against Rs.17.64.150/- as declare by the assessee and we direct accordingly. The IN THE INCOME TAX APPELLATE TRIBUNAL "B" BENCH, AHMEDABAD in the case of Rajni Arvind Birla v ITO 1.T.A. No. 930/Ahd/2025 has held in para

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

73,38,236 3,84,84,570 6.23 11% 7% 2018-19 24,44,22,212 1,58,87,444 6.50 11% 7% Erstwhile Scrutiny u/s 143(3) dt. 23.04.2021 by NeFAC and adhoc addition of Rs. 25,00,000/- and 43B disallowances of Rs. 2,57,43,209/-, Ld. CIT(A) allowed the appeal against original order

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

73,38,236 3,84,84,570 6.23 11% 7% 2018-19 24,44,22,212 1,58,87,444 6.50 11% 7% Erstwhile Scrutiny u/s 143(3) dt. 23.04.2021 by NeFAC and adhoc addition of Rs. 25,00,000/- and 43B disallowances of Rs. 2,57,43,209/-, Ld. CIT(A) allowed the appeal against original order