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

144 of the Act. When an estimate is made to the best judgment of an Assessing Officer, he substitutes the income that is to be computed under section 29 of the Act. Once best judgment assessment is made by fixing a rate of net profit, the assessee's claim for deduction on account of expenses cannot be deemed to have

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

144 of the Act. When an estimate is made to the best judgment of an Assessing Officer, he substitutes the income that is to be computed under section 29 of the Act. Once best judgment assessment is made by fixing a rate of net profit, the assessee's claim for deduction on account of expenses cannot be deemed to have

MADKINI HYDRO POWER PRIVATE LIMITED,DEHRADUN vs. INCOME TAX OFFICER- 4(3), LUCKNOW

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

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2018-19 Madkini Hydro Power Private V. The Income Tax Officer 4(3) Limited Lucknow Flat No.4, Ii Floor 3, Scindia House Delhi 110 001 Tan/Pan:Aaecm1420B (Appellant) (Respondent) Appellant By: Shri Shalendera Kishore Singh, Adv. Respondent By: Shri R. K. Agarwal, Cit(Dr) Date Of Hearing: 10 06 2025 Date Of Pronouncement: 30 06 2025 O R D E R

depreciation". The Assessing Officer (AO) issued statutory notices to the assessee. However, there was no response from the side of the assessee. On examination of the return of income filed by the assessee, the AO noticed that during the year under consideration, the assessee had shown an amount of Rs.12,31,00,000/- as total Long Term Borrowings and Rs.2

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

depreciation of Head Office. In\nthe impugned appellate order, the learned CIT(A) directed the Assessing\nOfficer to verify the assessee's submissions in this regard and to allow\ndeduction u/s 80IA of the Act if the assessee's claim is found to be legally\nand factually correct. We find no infirmity in this direction given by learned\nCIT

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

In the result, appeals vide I

depreciation of Head Office. In\nthe impugned appellate order, the learned CIT(A) directed the Assessing\nOfficer to verify the assessee's submissions in this regard and to allow\ndeduction u/s 80IA of the Act if the assessee's claim is found to be legally\nand factually correct. We find no infirmity in this direction given by learned\nCIT

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT(CENTRAL)-2, LUCKNOW

144 of the Act. When an estimate is made to the best\njudgment of an Assessing Officer, he substitutes the income that is to be\ncomputed under section 29 of the Act. Once best judgment assessment is made\nby fixing a rate of net profit, the assessee's claim for deduction on account of\nexpenses cannot be deemed to have

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:-

section 144 was issued to the assessee. In response, the assessee filed a copy of its final accounts, which the ld. AO states were taken into consideration but were not found to be acceptable. The ld. AO noted that from the sale deed submitted by the assessee, it appeared that the assessee was a loan defaulter and the bank

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

In the result all six appeals filed by the assessee are partly allowed

144 & 145/LKW/2021 \nA.Ys.2016-17, 2017-18 & 2018-19 \nAnd \nS.A. Nos.25, 26 & 27/LKW/2018 \nA.Ys.2012-13, 2014-15 & 2015-16 \nAyodhya Development Authority, Civil \nLines, Faizabad (formerly Ayodhya \nFaizabad Development Authority), U.P. \nVs. DCIT (Exemption), \nCircle- Lucknow \nPAN:AAALA0206C \n(Appellant) (Respondent) \nAssessee by: Ms. Shweta Mittal, C.A. & Sh Mradul Agarwal \nC.A. \nRevenue by: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar

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

144 & 145/LKW/2021 \nA.Ys.2016-17, 2017-18 & 2018-19 \nAnd \nS.A. Nos.25, 26 & 27/LKW/2018 \nA.Ys.2012-13, 2014-15 & 2015-16 \nAyodhya Development Authority, Civil \nLines, Faizabad (formerly Ayodhya \nFaizabad Development Authority), U.P. \nVs. DCIT (Exemption), \nCircle- Lucknow \nPAN:AAALA0206C \n(Appellant) (Respondent) \nAssessee by: Ms. Shweta Mittal, C.A. & Sh Mradul Agarwal \nC.A.\nRevenue by: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar

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

144 & 145/LKW/2021 \nA.Ys.2016-17, 2017-18 & 2018-19 \nAnd \nS.A. Nos.25, 26 & 27/LKW/2018 \nA.Ys.2012-13, 2014-15 & 2015-16 \nAyodhya Development Authority, Civil \nLines, Faizabad (formerly Ayodhya \nFaizabad Development Authority), U.P. \nVs. DCIT (Exemption), \nCircle- Lucknow \nPAN:AAALA0206C \n(Appellant) (Respondent) \nAssessee by: Ms. Shweta Mittal, C.A. & Sh Mradul Agarwal \nC.A. \nRevenue by: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar

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

In the result, appeal in ITA No

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

144 was issued on 30.11.2016. In response to this notice, the representative of the assessee appeared on 5.12.2016 and filed a letter stating that the original return filed may kindly be treated as the return filed in compliance to the notice C.O. No. 20/LKW/2017 A.Y. 2011-12 M/s Ayodhya Faizabad Development Authority under section 148 of the Income

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

144 & 145/LKW/2021 A.Ys. 2016-17, 2017-18 & 2018-19 And S.A. Nos.25, 26 & 27/LKW/2018 A.Ys. 2012-13, 2014-15 & 2015-16 Ayodhya Development Authority, Civil Vs. DCIT (Exemption), Lines, Faizabad (formerly Ayodhya Circle- Lucknow Faizabad Development Authority), U.P. PAN:AAALA0206C (Appellant) (Respondent) Assessee by: Ms. Shweta Mittal, C.A. & Sh Mradul Agarwal C.A. Revenue by: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram

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.

depreciation of Rs. 3,13,97,298/- and worked out the net capital gain at Rs. 1,06,49,144/-. The ld. AO thereafter proceeded to compute the book profit under section

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

depreciated has already been\nrevised as per IT Rules. Sum of Rs.2,21,72,493/- was allocated as per Companies\nAct, which figure was not correct. Further, the in terms of Rule 18BBB of the IT\nRules, the claim of deduction u/s 801A has to be made in the return of income and\nthe accompanying documents, including form 10CCB

GURU KRIPA ASSOCIATES,BAREILLY vs. PR. CIT, , BAREILLY

In the result, the appeal of the assessee stands dismissed

144 of the\nAct\"\n4.\nOrder\ndated\n10.05.2023 passed\nby Hon'ble Income-\ntax\nAppellate\nTribunal, Delhi\nBench 'H' Delhi, in\nthe case of Arvi\n8\n"8.........\nWe also find that the\nexplanation offered by the assessee that\nthe sales had considerably reduced in the\nmonth of December, 2016 in the sum of\nRs.12,800/- due to the fact

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

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that

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

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that

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

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that