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

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. 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. 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. 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

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

In the result, both appeals are partly allowed

145(3) of the\nAct. The AO further submits that under Section 11 of the Act, only that part of the\namount which was actually utilized for the specified purposes under the relevant\ngovernment scheme can be claimed as application of income and therefore, the\nunutilized amount lying with the executing agencies as at the end of the year\ncannot

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

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

145(3) of the\nAct. The AO further submits that under Section 11 of the Act, only that part of the\namount which was actually utilized for the specified purposes under the relevant\ngovernment scheme can be claimed as application of income and therefore, the\nunutilized amount lying with the executing agencies as at the end of the year\ncannot

DEPUTY COMMISSIONER OF INCOME TAX-6, LUCKNOW vs. M/S. U.P. STATE CONSTRUCTION & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, LUCKNOW

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

depreciation as shown in the audit report. The contention that the AO should have made enquiry/verification on these items while passing the impugned order raises the question as to how these finding was arrived and basis for issuing notice u/s 263. However, in the impugned order, the Ld. PCIT has neither discussed nor rebutted the appellant's reply

ACIT, CIRCLE 3, LUCKNOW, LUCKNOW vs. ANSHUMAN SINGH, LUCKNOW

In the result, the appeal of Revenue is allowed

depreciation allowance or any other allowance under this Act has\nbeen computed;]\n\n[(d) where a person is found to have any asset (including financial interest in any entity)\nlocated outside India.]\n\n[Explanation 3.-For the purpose of assessment or reassessment1 under this section,\nthe Assessing Officer may assess or reassess the income in respect

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

In the result, the appeal of the assessee stands dismissed

2(a) to section 263(1) of\nthe Act that for the purposes of revision u/s 263 of the Act, an order passed\nby the Assessing Officer shall be deemed to be erroneous in so far as it is\nprejudicial to the interest of the Revenue if in the opinion of the Pr.CIT, the\norder was passed by the Assessing

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

Section 145 of the Income-tax Act, 1961 - Method of accounting - Estimation of income (GP rate) - Assessment years 2004-05 and 2005-06 - Assessee-company was carrying out contract of construction of roads awarded by Government - Due to various discrepancies in books of account, Assessing Officer rejected same and estimated profit at 10 per cent of gross receipts - Tribunal relying

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

Section 145 of the Income-tax Act, 1961 - Method of accounting - Estimation of income (GP rate) - Assessment years 2004-05 and 2005-06 - Assessee-company was carrying out contract of construction of roads awarded by Government - Due to various discrepancies in books of account, Assessing Officer rejected same and estimated profit at 10 per cent of gross receipts - Tribunal relying

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

Section 145 of the Income-tax Act, 1961 - Method of accounting - Estimation of income (GP rate) - Assessment years 2004-05 and 2005-06 - Assessee-company was carrying out contract of construction of roads awarded by Government - Due to various discrepancies in books of account, Assessing Officer rejected same and estimated profit at 10 per cent of gross receipts - Tribunal relying

JCIT(OSD), CC-1, LKO, LUCKNOW vs. ACP TOLLWAYS PRIVATE LIMITED, LUCKNOW

In the result, the appeal filed by Revenue is dismissed and the Cross\nObjection filed by the assessee is partly allowed

2), Hyderabadv. Progressive\nConstructions Ltd. in [2018] 92 taxmann.com 104 (Hyderabad - Trib.)\n(SB) wherein the Hon'bleITAT HYDERABAD BENCH (SPECIAL\nBENCH) vide order dated FEBRUARY 14, 2017 has held:-\n\"I. Section 32 of the Income-tax Act, 1961 - Depreciation - Allowance\nrate of (Intangible asset) - Assessment year 2011-12 - Assessee had\nentered into a Concession Agreement (C.A) with Government

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

2 & 3\n6.1 The Auditor, in his audit report dated\n30.09.2022, in Form No. 3CB has\ncommented as follows:\n“a. It is not possible to ascertain GP ratio\nin such type of business.\nb. Expenditure related to personal nature\ncould not be ascertained for want of\nrecord.\nc. It is not possible for us to verify whether\nall loans

ACIT, CIRCLE-1, BAREILLY vs. SHRI SACHIT KUMAR AGARWAL, BAREILLY

In the result, the impugned order of learned CIT(A) is sustained, and\nthe appeal is dismissed

2) Hon'ble High Court of Jammu & Kashmir in case of Nek Ram\nSharma & Co. vs. CIT in [2017] 85 taxmann.com 176 (Jammu &\nKashmir)\nHeadnote\nSection 145 of the Income-tax Act, 1961 - Method of accounting -\nEstimation of income (Gross profit rate) - Assessment year 1986-87 -\nAssessee firm was constituted for execution of purchase contract of\nbulk timber from State

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

145\ntaxmann.com 219 (Delhi): Section 14A of the Income-tax Act, 1961, read with rule\n8D, of the Income-tax Rules, 1962 Expenditure incurred in relation to income not\nincludible in total income (Computation of) Assessment years 2012-13 and 2013-14\nAssessee-company claimed exempt dividend income under section 10(34) and\noffered suo-moto disallowance of administrative expenses