M/S. MAA RAKLTDANTIKA CONTRACTORS AND SUPPLIERS PVT. LTD.,,LUCKNOW vs. THE DCIT/ACIT, RANGE-4, LUCKNOW

In the result, the appeal filed by the Revenue is dismissed and the appeal filed by the assessee is allowed for statistical purposes

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

gain maximum return/profit.With reference to payments made to parties from October onwards, the assessee and parties had already mutually agreed to avail a credit facility for 4 months, however, the payments were initiated well before as soon as the assessee commenced the sale of its stock. Further, the amount of Rs.8,30,40,000/- has already been included

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 gains’ instead of ‘Profits and gains’ of business or profession. In CIT vs. TirathramAhuja (HUF) (2008) 6 DTR (Del) 335 has held that there was no failure on the part of assessee to disclose a material fact where rateable value of the property was enhanced by the Municipal Corporation after assessment for assessment year

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

Capital gains’ instead of ‘Profits and gains’ of business or profession. In CIT vs. TirathramAhuja (HUF) (2008) 6 DTR (Del) 335 has held that there was no failure on the part of assessee to disclose a material fact where rateable value of the property was enhanced by the Municipal Corporation after assessment for assessment year

M/S STANDARD FROZEN FOODS EXPORTS PVT LTD,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-II, KANPUR

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Capital Gains (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries, and the LTCG earned

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 (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries, and the LTCG earned

SACHIN 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 (LTCG) by way of sale of shares. It is also the case of the Revenue that during the course of the search operations and post-search investigation, various incriminating documents were found and seized which disclosed that income from sale of shares of penny stock companies was disclosed as LTCG by its beneficiaries, and the LTCG earned

LATA AGARWAL,BAREILLY vs. DCIT, BAREILLY

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshralata Agarwal Dcit, Bareilly V. 35-A/6 Rampur Garden Aaykar Bhawan Civil Bareilly-243001, Uttar Pradesh. Lines, Bareilly-243001. Pan:Aanpa0616R (Appellant) (Respondent) Appellant By: Shri Ravinder Aggarwal, Ca Respondent By: Shri. Sanjeev Krishna Sharma, Addl Cit(Dr) Date Of Hearing: 20 01 2025 Date Of Pronouncement: 23 01 2025 O R D E R

capital gain as unexplained cash credits and thereby making the addition u/s 68 of Rs. 57,00,000/-. 3. On the facts

MR. ADITYA KUMAR,LUCKNOW vs. ITO-1(1), LUCKNOW

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

Bench: Shri Sudhanshu Srivastavaa.Y. 2017-18 Mr. Aditya Kumar, Vs. Income Tax Officer-1(1), 1, Anora, Amausi, Lucknow Lucknow-226008 Pan Bfapok 7298L (Appellant) (Respondent) Appellant By Shri Siddharth Kohli, Advocate Respondent By Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing 16/05/2024 Date Of Pronouncement 28/05/2024 O R D E R

cash credits/ unexplained money ignoring the sale deeds effected during the financial year 2016-17. 3 3. That the A.O. grossly erred in adding back Rs.3252800/- u/s 50C and at the same time resorting to application of provisions of Section 115BBE thus confusing the entire transaction which in facts was simply a clear cut case of 'Capital Gains

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

cash was paid and cheques were received in lieu of commission paid through his CA Mr. Manish Agarwal, The details of bogus unsecured loans received by assessee is given as under- ………………………. …………………………… In assessment year under consideration an amount of Rs.4,70,50,000/- arranged through M/s Wise Financial Advisor Services Pvt. Ltd. on a commission

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

cash was paid and cheques were received in lieu of commission paid through his CA Mr. Manish Agarwal, The details of bogus unsecured loans received by assessee is given as under- ………………………. …………………………… In assessment year under consideration an amount of Rs.4,70,50,000/- arranged through M/s Wise Financial Advisor Services Pvt. Ltd. on a commission

PRADEEP KUMAR,LUCKNOW vs. ACIT-1, LUCKNOW

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

Bench: Shri G. D. Padamahshali & Shri Subhash Malguriaassessment Year: 2017-18 Pradeep Kumar V. The Acit-1 A-1/46, Vikas Khand Lucknow Gomti Nagar Lucknow Pan:Ablpk8392B (Appellant) (Respondent) Appellant By: Shri Vijay Prakash Agrawal, Adv. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 10 07 2024 Date Of Pronouncement: 04 09 2024 O R D E R

capital gain at Rs.5,90,244/-. On the total turnover of Rs.31,47,84,794/-, assessee declared gross profit at Rs.1,97,08,882/- and net profit at Rs.1,60,82,364/-. The ITA No.198/LKW/2024 Page 3 of 13 Assessing Officer completed the assessment under section 143(3) of the Act by making addition of Rs.1,50,00,000/- under

MS. GUNJAN AGARWAL,BARABANKI. vs. THE INCOME TAX OFFICER-5(4), BARABANKI.

The appeal of the assessee stands allowed for statistical purposes

Bench: Shri Sudhanshu Srivastavaa.Ys. 2012-13 Ms. Gunjan Agarwal, Vs. Income Tax Officer-5(4), Fatehpur, Barabanki. Barabanki- 225001 (U.P.). Pan Aaspa 4237D (Appellant) (Respondent) Appellant By Shri Shubham Rastogi, Ca Respondent By Shri Sanjeev Krishna Sharma, Addl. Cit( Dr) Date Of Hearing 11/01/2024 Date Of Pronouncement 29/02/2024 O R D E R

Capital Gain being claimed as exempt was bogus and that the same was unexplained cash credit in terms of Section

SHRI SUBODH AGARWAL,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1, KANPUR

In the result, both the appeals of the assessee are allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

capital gains and Rs.2,75,488/- being difference in Valuation Report of the District Valuation Officer on immovable property. 3. Aggrieved, the assessee approached the ld. First Appellate Authority. However, the appeal before the ld. First Appellate Authority came to be dismissed. 4. Now, the assessee has approached this Tribunal, challenging the dismissal of its appeal

SHRI SUBODH AGARWAL,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1, KANPUR

In the result, both the appeals of the assessee are allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

capital gains and Rs.2,75,488/- being difference in Valuation Report of the District Valuation Officer on immovable property. 3. Aggrieved, the assessee approached the ld. First Appellate Authority. However, the appeal before the ld. First Appellate Authority came to be dismissed. 4. Now, the assessee has approached this Tribunal, challenging the dismissal of its appeal

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

credit entries by way of cheques/transfer - Rs.7,05,904/- as unexplained money u/s 69A of the Act by holding that the said amounts remained unexplained. 4.1 BECAUSE as per the information on record, aggregate cash deposits during the year in the said bank accounts were to the tune of Rs.6,30,000/- only (which included cash withdrawal of Rs.4

NETPLAST PVT.LTD.,KANPUR vs. ACIT CIRCLE 2(3)(1), KANPUR

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

gain would be\npaid.\nSince the assessee could not substantiate the alleged capital\nexpenditure of Rs.84,00,000/- claimed to have been made by\nShri Arpit Agarwal in the land, which is lying in the books of the\nassessee by producing/furnishing reliable documentary\nevidences. Thus, the assessee failed to prove genuineness of the\ntransaction. It is on record that during

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

Gain detail 16.03.2024 65 General 20-03-2024 Portal blocked for reply Draft Order Sent to Range Head for approval (as per paper book of Revenue of AY 2016-17) 21-03-2024 Approval Granted for Order (as per paper book of Revenue u/s 147/143(3) of AY 2016-17) 26-03-2024 Assessment Order u/s 147/144 Note

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

Gain detail 16.03.2024 65 General 20-03-2024 Portal blocked for reply Draft Order Sent to Range Head for approval (as per paper book of Revenue of AY 2016-17) 21-03-2024 Approval Granted for Order (as per paper book of Revenue u/s 147/143(3) of AY 2016-17) 26-03-2024 Assessment Order u/s 147/144 Note