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

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

SRI SAINATH ASSOCIATES,LUCKNOW vs. DY.CIT-6, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

depreciation on car and one-fifth on telephone expenses treating it as personal in nature - AO ha, never examined the details of such expenses before coming to the conclusion as to, whether any personal expenses are involved — Merely on estimate or on ad hoc no disallowance can be made - CIT (A) was justified in deleting the disallowance.” , HUGHES ESCORTS COMMUNICATIONS

AGMOTEX FABRICS LTD.,KANPUR vs. DY. COMMISSIONER OF INCOME TAX, RANGE-6, KANPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Nikhil Choudharyassessment Year: 2005-06 Agmotex Fabrics Ltd V. The Dy. Commissioner 3/239 Vishnupuri, Kanpur- Of Income Tax, Range-6 208002. Aayakar Bhawan, 16/69, Civil Lines, Kanpur- 208001. Pan:Aabca6099H (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri R. R. N. Shukla, Addl. Cit (Dr) Date Of Hearing: 23 02 2026 Date Of Pronouncement: 15 04 2026 O R D E R

271 (1) © of the Income Tax Act, 1961 have been initiated. Issue necessary forms." Page 4 of 6 24. The income of the assessee was thus assessed under Section 115 JB and not under the normal provisions. It is in this context that we have to see and examine the application of Explanation 4. 25. Judgment in the case

AJAY ARORA,KANPUR vs. ADDL. CIT, KANPUR

In the result, the assessee’s appeal is allowed

Bench: Shri Sanjay Arora

271(1)(c), referred to during hearing by the Bench, I.T.A No.90/LKW/2017 12 Ajay Aroravs. Addl. CIT (AY 2011-12) has been stated by the Revenue, or otherwise brought to notice so as to meet the argument of no tax impact afore-stated. It is also not the case that the statute has prescribed the income represented by the disallowance

M/S U.P. STATE BRIDGE CORPORATION LTD,LUCKNOW vs. ACIT RANGE-1, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraacit, Range-1 V. M/S. Up State Bridge Corporation Ltd Ashok Marg, Lucknow. 16, Madan Mohan Malviya Marg, Lucknow Pan: (Appellant) (Respondent) Appellant By: Shri B. P Yadav, Cost Acct Respondent By: Smt Namita S. Pandey, Cit(Dr) O R D E R

271(1)(c) of the Act, the same was cancelled not only by the CIT(A), but also by the Tribunal vide its impugned order. Still not being satisfied, the department has filed the present appeal before this Court. 5. With this backdrop, we have heard learned counsel for parties and gone through the materials available on record. 6. There

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

271(1)(c) were initiated. 11. Moving on further, the ld. AO observed that the assessee had transferred funds to the infrastructure development fund. However, it had not included these receipts in its income for the year. The assessee had transferred the amounts to the infrastructure development fund in its balance-sheet, which according to the ld. AO was against

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

271(1)(c) were initiated. \n11. Moving on further, the ld. AO observed that the assessee had transferred funds to the \ninfrastructure development fund. However, it had not included these receipts in its income for \nthe year. The assessee had transferred the amounts to the infrastructure development fund in its \nbalance-sheet, which according to the ld. AO was against

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

271(1)(c) were initiated.\n11. Moving on further, the ld. AO observed that the assessee had transferred funds to the \ninfrastructure development fund. However, it had not included these receipts in its income for \nthe year. The assessee had transferred the amounts to the infrastructure development fund in its \nbalance-sheet, which according to the ld. AO was against

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

271(1)(c) were initiated. \n11. Moving on further, the ld. AO observed that the assessee had transferred funds to the \ninfrastructure development fund. However, it had not included these receipts in its income for \nthe year. The assessee had transferred the amounts to the infrastructure development fund in its \nbalance-sheet, which according to the ld. AO was against

KHANDELWAL SOYA INDUSTRIES LIMITED ,RAMPUR vs. ACIT(CENTERAL), BAREILLY

In the result, appeal of the assessee is partly allowed in the\nterms indicated hereinbefore

271(1)9b) of the Act for the\n assessment year 2000-01 (AnnexureP/12) and assessment year 2001-02\n(Annexure P/16)\nf. Issue a writ of certiorari or any other appropriate writ, order or direction\nprohibiting the respondents, their officers, servants and agents from\nproceeding in any manner whatsoever under section 153A of the Act or\npursuant

HAKIKAT SARAF,KANPUR vs. INCOME TAX OFFICER-2(5), KANPUR

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary, Member A.Y. 2014-15 Hakikat Saraf, Income Tax Officer-2(5), 124/B/168, Govind Nagar, Vs. Kanpur Kanpur-208006 Pan:Afpps4419H (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. Sunil Kumar Rajwanshi, Addl Cit Dr Date Of Hearing: 29.08.2024 Date Of Pronouncement: 29.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Against The Order Under Section 250 Of The Income Tax Act, 1961, Passed By The Cit(A)-1, Kanpur Dated 24.01.2017. The Grounds Of Appeal Are As Under:- “01. Because The Cit(A) Has Erred On Facts & In Law In Upholding The Addition Of Rs.47,33,000/- Under Section 56(2)(Vii)(B)(Ii) Of The I.T. Act, 1961, Which Addition Is Contrary To Facts, Bad In Law & Be Deleted. 02. Because The Cit(A) Has Failed To Appreciate The Facts & Circumstances Of The Case & Has Arbitrarily Held, That The Difference Between The Actual Gross Consideration Rs. 1,09,34,000/- & The Stamp Value Estimated By The Stamp Valuation Authorities, Subsequently Reduced By The District Valuation Officer At Rs. 1,56,67,600/- Is Deemed Income Under Section 56(2)(Vii)(B)(Ii) Of The Act.

section 271(1)(c) were also initiated. 3. The assessee was aggrieved at the addition and therefore, filed an appeal before the ld. CIT(A). Before the ld. CIT(A), the assessee submitted that nine tenants were occupying 90% of the property and had been there for 50 to 75 years. The property was a disputed property and loaded with

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)

271(1)(b). Subsequently, a notice for best judgment assessment under section 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

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