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66 results for “condonation of delay”+ Section 34clear

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Key Topics

Addition to Income45Section 1137Condonation of Delay30Section 14729Section 14828Section 143(3)23Section 12A23Section 69A21Section 250

RAKESH RAWAT,LUCKNOW vs. ITO-4(1),, LUCKNOW

ITA 384/LKW/2023[2017-18]Status: DisposedITAT Lucknow19 Sept 2024AY 2017-18

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Subhash Malguriaआयकर अपऩल सं. / Ita No. 383 & 384/Lkw/2023 निर्धारण वषा / Assessment Year : 2017-18 Rakesh Rawat C/O Saurabh Gupta, 50 Narain Das Building, Flat No. 9, Narhi, Lucknow Up-226001 Pan: Bcbpr4851G . . . . . . . अपीलार्थी / Appellant

For Appellant: Mr Saurabh Gupta [‘Ld. AR’]For Respondent: Mr Neil Jain [‘Ld. DR’]
Section 144Section 147Section 148Section 250Section 271ASection 69

condonation of delay to place before the appellate authorities, in clear and explicit terms, all facts on which the party relies, so that the appellate authorities/court can come to the conclusion that it is not a case of want of diligence or inaction on the part of the applicant. In the instant case, admittedly, the assessee has not shown

Showing 1–20 of 66 · Page 1 of 4

21
Section 2(15)20
Penalty18
Limitation/Time-bar16

RAKESH RAWAT,LUCKNOW vs. ITO-4(1), , LUCKNOW

ITA 383/LKW/2023[2017-18]Status: DisposedITAT Lucknow19 Sept 2024AY 2017-18

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Subhash Malguriaआयकर अपऩल सं. / Ita No. 383 & 384/Lkw/2023 निर्धारण वषा / Assessment Year : 2017-18 Rakesh Rawat C/O Saurabh Gupta, 50 Narain Das Building, Flat No. 9, Narhi, Lucknow Up-226001 Pan: Bcbpr4851G . . . . . . . अपीलार्थी / Appellant

For Appellant: Mr Saurabh Gupta [‘Ld. AR’]For Respondent: Mr Neil Jain [‘Ld. DR’]
Section 144Section 147Section 148Section 250Section 271ASection 69

condonation of delay to place before the appellate authorities, in clear and explicit terms, all facts on which the party relies, so that the appellate authorities/court can come to the conclusion that it is not a case of want of diligence or inaction on the part of the applicant. In the instant case, admittedly, the assessee has not shown

SHAILENDRA KUMAR SINGH ,HARDOI vs. ITO-3(2),HARDOI-1, HARDOI

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

ITA 795/LKW/2024[2021-2022]Status: DisposedITAT Lucknow24 Feb 2025AY 2021-2022

Bench: Shri Kul Bharat & Shri Anadee Nath Misshrait(Ss) A. Nos. 795 To 798/Lkw/2024 Assessment Year: 2021-22 Shailendra Kumar Singh Ito-3(2) V. Subhan Khera Sandila, Hardoi- Hardoi-1 241305. Uttar Pradesh-241305. Pan:Cvqps4275L (Appellant) (Respondent) Appellants By: Shri Naeem Khan, Ca Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) O R D E R

For Respondent: Shri Sanjeev Krishna Sharma, Addl

condonation of delay. This would have permitted the appeal to be evaluated based on its substantive merits. 2. The Total Income reported amounts to Rs. 3,84,520.00. However, the assessment was conducted at a substantially inflated figure of Rs. 1,11,14,956.00, along with penalty u/s 271AAC(1) This discrepancy arises from specific additions and disallowances along with

UTTAR PRADESH WATER SUPPLY AND SANITATION MISSION,LUCKNOW vs. ACIT(EXEMPTION) CIRCLE, LUCKNOW

In the result, both appeals are partly allowed

ITA 360/LKW/2024[2017-18]Status: DisposedITAT Lucknow28 Nov 2025AY 2017-18
Section 11(1)(a)Section 143Section 143(2)

condonation for delay\nin filing of Form No.10B was not furnished, but the respective finding of both the lower\nauthorities being factually incorrect, the assessee's claim of exemption u/s 11 of the Act\ndeserves to be accepted and consequently necessary direction be issued to the Assessing\nOfficer to compute the income as per the mode prescribed in section

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS) LUCKNOW, LUCKNOW vs. UTTAR PRADESH WATER SUPPLY AND SANITATION MISSION, LUCKNOW

In the result, both appeals are partly allowed

ITA 288/LKW/2024[2017]Status: DisposedITAT Lucknow28 Nov 2025

Bench: SHRI KUL BHARAT, VICE PRESIDENT\nAND\nSHRI ANADEE NATH MISSHRA (Accountant Member)

Section 11(1)(a)Section 143Section 143(2)

condonation for delay\nin filing of Form No.10B was not furnished, but the respective finding of both the lower\nauthorities being factually incorrect, the assessee's claim of exemption u/s 11 of the Act\ndeserves to be accepted and consequently necessary direction be issued to the Assessing\nOfficer to compute the income as per the mode prescribed in section

JEDY TAPES PVT. LTD.,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, LUCKNOW

In the result, both the appeals stand partly allowed, as indicated

ITA 569/LKW/2019[2014-15]Status: DisposedITAT Lucknow24 May 2021AY 2014-15

Bench: Shri. A. D. Jain & Shri T. S. Kapoorin Ita No.568 & 569/Lkw/2019 Assessment Year: 2013-14 & 2014-15 Jedy Tapes Private Limited Dcit 16/1A. Abdul Hamid Street Cc-Ii 5Th Floor, Kolkata Lucknow West Bengal Tan/Pan:Aaacj8642E (Applicant) (Respondent) Appellant By: Smt. Priyanka Ajit Saria, Fca Respondent By: Shri Ajay Kumar, D.R. Date Of Hearing: 24 03 2021 Date Of Pronouncement: 24 05 2021 O R D E R

For Appellant: Smt. Priyanka Ajit Saria, FCAFor Respondent: Shri Ajay Kumar, D.R
Section 127(2)Section 132Section 132BSection 139Section 271Section 271(1)(c)Section 274

section 271(1)(c) of the Income Tax Act, 1961 on 3/10/2Q16. 5. That the time for filing of the appeal before the CIT(Appeals) was to expire on 2/11/2016. 6. That as per the said order, I found that a penalty of Rs.25,00,000/- has been levied for concealment of income amounting to Rs.79,31,687/-. 7. That

JEDY TAPES PVT. LTD.,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, LUCKNOW

In the result, both the appeals stand partly allowed, as indicated

ITA 568/LKW/2019[2013-14]Status: DisposedITAT Lucknow24 May 2021AY 2013-14

Bench: Shri. A. D. Jain & Shri T. S. Kapoorin Ita No.568 & 569/Lkw/2019 Assessment Year: 2013-14 & 2014-15 Jedy Tapes Private Limited Dcit 16/1A. Abdul Hamid Street Cc-Ii 5Th Floor, Kolkata Lucknow West Bengal Tan/Pan:Aaacj8642E (Applicant) (Respondent) Appellant By: Smt. Priyanka Ajit Saria, Fca Respondent By: Shri Ajay Kumar, D.R. Date Of Hearing: 24 03 2021 Date Of Pronouncement: 24 05 2021 O R D E R

For Appellant: Smt. Priyanka Ajit Saria, FCAFor Respondent: Shri Ajay Kumar, D.R
Section 127(2)Section 132Section 132BSection 139Section 271Section 271(1)(c)Section 274

section 271(1)(c) of the Income Tax Act, 1961 on 3/10/2Q16. 5. That the time for filing of the appeal before the CIT(Appeals) was to expire on 2/11/2016. 6. That as per the said order, I found that a penalty of Rs.25,00,000/- has been levied for concealment of income amounting to Rs.79,31,687/-. 7. That

PURNAGIRI RICE MILLS,SHAHJAHANPUR vs. INCOME TAX OFFICER, SHAHJAHANPUR

In the result, the appeal of the assessee is allowed

ITA 251/LKW/2017[2007-08]Status: DisposedITAT Lucknow26 Nov 2025AY 2007-08

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.251/Lkw/2017 ननिाारण वर्ा/ Assessment Year: 2007-08 Purnagiri Rice Mills, V. Income Tax Officer Meeran Pur Katra, Range-1(5), Shahajhanpur-242301. Shahajhanpur-242301. Pan:Aahfp6663R अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Saurabh Gupta, Ca प्रत्यर्थी कक और से /Respondent By: Shri R. R. N. Shukla, Addl. Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 28 10 2025 घोर्णा कक तारीख/ Date Of 26 11 2025 Pronouncement: आदेश / O R D E R

For Appellant: Shri Saurabh Gupta, CAFor Respondent: Shri R. R. N. Shukla, Addl. CIT(DR)
Section 143(3)Section 147Section 148

condone the delay and admit the appeal for hearing on merits. 5. The facts giving rise to the present appeal are that in this case, the assessment was completed u/s 143(3) of the Income Tax Act, 1961 (“Act”, for short) on 24.12.2009, assessing total income at Rs.46,460/-. Thereafter, the Assessing Officer (AO) re- opened the assessment after obtaining

KWALITY RESTAURANT,KANPUR vs. COMMISSIONER OF INCOME TAX (APPEALS), DELHI

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

ITA 34/LKW/2022[2018-19]Status: DisposedITAT Lucknow18 Oct 2022AY 2018-19

Bench: Shri. Vijay Pal Raoassessment Year: 2018-19 Kwality Restaurant V. The Cit(A) 16/97, The Mall Delhi Kanpur Tan/Pan:Aaafk8712F (Appellant) (Respondent) Appellant By: None (Adjournment Application) Respondent By: Shri Amit Nigam, D.R. Date Of Hearing: 18 10 2022 Date Of Pronouncement: 18 10 2022 O R D E R This Appeal By The Assessee Is Directed Against The Order Dated 20.9.2021 Of The Ld. Cit(A), Nfac, Delhi For The Assessment Year 2018-19. 2. There Is A Delay Of 115 Days In Filing The Present Appeal. The Assessee Has Filed An Application For Condonation Of Delay, Which Is Also Supported By An Affidavit. 3. I Have Gone Through The Application For Condonation Of Delay As Well As The Affidavit Filed By The Assessee & Heard The Contention Of The Ld. D.R. On The Issue Of Condonation Of Delay. The Ld. D.R. Has Objected To The Condonatiion Of Delay & Submitted That The Assessee Is Shifting The Blame Of Delay On Its Counsel. 4. Having Considered The Reasons Explained By The Assessee In The Application For Condonation Of Delay, I Find That The Assessee Has Explained The Cause Of Delay That Due To An Oversight Of The Counsel Of The Assessee, Necessary Steps For Filing

For Appellant: None (Adjournment application)For Respondent: Shri Amit Nigam, D.R
Section 139(1)Section 143(1)(a)Section 194CSection 2(24)(x)Section 36Section 40Section 43B

delay of 115 days in filing the present appeal is condoned. 5. None has appeared on behalf of the assessee when this appeal was called for hearing, however, an application for adjournment has been filed by the Authorised Representative of the assessee, which is considered and rejected, as the ground for seeking adjournment is very vague. Further, the issue raised

INCOME TAX OFFICER-3(4), KANPUR vs. SHRI SANTOSH KUMAR AGARWAL, KANPUR

In the result, the appeal of the Revenue is dismissed

ITA 153/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Feb 2022AY 2014-15

Bench: Shri T. S. Kapoor

Section 10(38)Section 143(3)Section 69A

condoned the delay in filing the appeal and preliminary objections raised by ld A.R. was also rejected and ld D.R. was asked to proceed with his arguments. I.T.A. No.153/Lkw/2020 Assessment. Year:2014-15 4 7. The ld. DR submitted that the assessee has declared long term capital gain on the sale of little known penny stocks, the prices of which

TIMECITY REAL ESTATES(INDIA) LIMTED,LUCKNOW vs. PCIT-1, LUCKNOW, LUCKNOW

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

ITA 67/LKW/2021[2015-2016]Status: DisposedITAT Lucknow30 Aug 2022AY 2015-2016

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2015-2016

Section 142(1)Section 143(3)Section 263

delay was condoned and both parties were heard. 3. Learned counsel for the assessee, at the outset, submitted that the case of the assessee was selected for scrutiny and in the assessment proceedings the Assessing Officer had made certain additions and against which the assessee had filed appeal before learned CIT(A) and when the appeal of the assessee

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

In the result, appeals vide I

ITA 357/LKW/2020[2017-18]Status: DisposedITAT Lucknow02 Apr 2025AY 2017-18
Section 143(1)Section 143(2)Section 143(3)Section 80I

34) and\noffered suo-moto disallowance of administrative expenses under section 14A\nAssessing Officer on not being satisfied with working of disallowance by assessee,\ninvoked rule 8D(2)(iii) and recomputed same at higher amount It was noted that\nassessee had admittedly not furnished particulars of actual expenditure incurred by\nit for earning exempt income It was case of assessee

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

ITA 453/LKW/2020[2016-17]Status: DisposedITAT Lucknow02 Apr 2025AY 2016-17
Section 143(1)Section 143(3)Section 80I

34) and\noffered suo-moto disallowance of administrative expenses under section 14A\nAssessing Officer on not being satisfied with working of disallowance by assessee,\ninvoked rule 8D(2)(iii) and recomputed same at higher amount It was noted that\nassessee had admittedly not furnished particulars of actual expenditure incurred by\nit for earning exempt income It was case of assessee

INCOME TAX OFFICER-1(3), KANPUR vs. SHRI RAJ KUMAR AGARWAL, KANPUR

In the result, both the appeals of the Revenue are dismissed

ITA 205/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Jan 2022AY 2014-15

Bench: Shri T.S. Kapoor

Section 10(38)Section 143(3)Section 69A

condone the delay in filing the appeals and preliminary objections raised by ld A.R. was also rejected and ld D.R. was asked to proceed with his arguments. 7. The ld. DR submitted that the assessee has raised long term capital gain on the sale of little known penny stocks, the prices of which were manipulated with the help of certain

M/S GULATI EXTRUSIONS PVT. LTD,KANPUR vs. DCIT, CIRCLE-2(1)(1), KANPUR

In the result, the appeal of the assessee is dismissed

ITA 45/LKW/2021[2018-2019]Status: DisposedITAT Lucknow18 Oct 2022AY 2018-2019

Bench: Shri. Vijay Pal Raoassessment Year: 2018-19 M/S Gulati Extrusions Pvt. Ltd. V. The Dcit 17-A, Co-Operative Industrial Circle 2(1)(1) Estate Kanpur Kanpur Tan/Pan:Aaacg5008M (Appellant) (Respondent) Appellant By: None (Adjournment Application) Respondent By: Shri Amit Nigam, D.R. Date Of Hearing: 18 10 2022 Date Of Pronouncement: 18 10 2022 O R D E R This Appeal By The Assessee Is Directed Against The Order Dated 1.3.2021 Of The Ld. Cit(A), Nfac, Delhi For The Assessment Year 2018-19. 2. There Is A Delay Of Five Days In Filing The Present Appeal. The Director Of The Assessee Company Has Filed An Application For Condonation Of Delay, Stating Therein That The Papers Required For Filing The Appeal Was Sent Through Speed Post On 27.4.2021 Well Within The Limitation Period, However The Same Was Delivered By The Postal Authorities In The Office Of The Tribunal On 5.5.2021. It Was Further Stated That Since The Nominal Delay Of Five Days Was Due To Late Delivery Of The Dak By The Postal Authorities, The Delay May Be Condoned & The Appeal Be Admitted For Hearing. Having Carefully Perused The Application For Condonation Of Delay, I Find That There Was Sufficient Cause For The Delay In Filing Of The Appeal. Accordingly, The Delay Of 5 Days Is Condoned & Admit This Appeal For Hearing.

For Appellant: None (Adjournment Application)For Respondent: Shri Amit Nigam, D.R
Section 139(1)Section 36(1)Section 36(1)(va)Section 43B

delay of 5 days is condoned and admit this appeal for hearing. Page 2 of 23 3. None has appeared on behalf of the assessee when this appeal was called for hearing, however, an application for adjournment has been filed by the Authorised Representative of the assessee. At the outset, it is noticed that the issue involved in this appeal

M/S U.P AWAS EVAM VIKAS PARISHAD,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

ITA 701/LKW/2019[2017-18]Status: DisposedITAT Lucknow10 Jun 2022AY 2017-18

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12Section 12ASection 13(8)Section 2(15)

condoned the delay in filing the Cross Objections and asked learned CIT, D.R. to proceed with her arguments on the Cross Objections. 4. Learned CIT, D.R. submitted that the Cross Objections are similar to the additional grounds of Revenue taken by the Revenue in the appeals no.630, Page 8 of 86 (UP AWAS EVAM VIKAS PARISHAD) 631 and others which

M/S U.P AWAS EVAM VIKAS PARISHAD,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

ITA 166/LKW/2019[2016-17]Status: DisposedITAT Lucknow10 Jun 2022AY 2016-17

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12Section 12ASection 13(8)Section 2(15)

condoned the delay in filing the Cross Objections and asked learned CIT, D.R. to proceed with her arguments on the Cross Objections. 4. Learned CIT, D.R. submitted that the Cross Objections are similar to the additional grounds of Revenue taken by the Revenue in the appeals no.630, Page 8 of 86 (UP AWAS EVAM VIKAS PARISHAD) 631 and others which

M/S U.P AWAS EVAM VIKAS PARISHAD,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

ITA 165/LKW/2019[2015-16]Status: DisposedITAT Lucknow10 Jun 2022AY 2015-16

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 11Section 12Section 12ASection 13(8)Section 2(15)

condoned the delay in filing the Cross Objections and asked learned CIT, D.R. to proceed with her arguments on the Cross Objections. 4. Learned CIT, D.R. submitted that the Cross Objections are similar to the additional grounds of Revenue taken by the Revenue in the appeals no.630, Page 8 of 86 (UP AWAS EVAM VIKAS PARISHAD) 631 and others which

NOMAN HUSSAIN,LUCKNOW vs. ITO-3(2), HARDOI

In the result, both the appeals of the Assessee stand allowed for statistical purposes

ITA 97/LKW/2024[2018-19]Status: DisposedITAT Lucknow21 Nov 2024AY 2018-19

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

For Appellant: Shri Mustaq Ahmad Mir, CostFor Respondent: Shri Sanjeev Krishna Sharma, Sr. D.R
Section 142(1)Section 144Section 144BSection 147Section 148Section 194ASection 270ASection 270A(9)

section 144B of the Act and completed the assessment at an income of Rs.2,34,00,608/-. 3. Aggrieved, the assessee approached the Ld. First Appellate Authority challenging the assessment order. However, since the appeal before the NFAC had been filed belatedly and there was a delay of 256 days, the NFAC did not admit the appeal ITA No.96&97/LKW/2024

NOMAN HUSAIN,LUCKNOW vs. ITO-3(2), HARDOI

In the result, both the appeals of the Assessee stand allowed for statistical purposes

ITA 96/LKW/2024[2018-19]Status: DisposedITAT Lucknow21 Nov 2024AY 2018-19

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

For Appellant: Shri Mustaq Ahmad Mir, CostFor Respondent: Shri Sanjeev Krishna Sharma, Sr. D.R
Section 142(1)Section 144Section 144BSection 147Section 148Section 194ASection 270ASection 270A(9)

section 144B of the Act and completed the assessment at an income of Rs.2,34,00,608/-. 3. Aggrieved, the assessee approached the Ld. First Appellate Authority challenging the assessment order. However, since the appeal before the NFAC had been filed belatedly and there was a delay of 256 days, the NFAC did not admit the appeal ITA No.96&97/LKW/2024