DY. COMMISSIONER OF INCOME TAX, LUCKNOW vs. M/S U.P RAJKIYA NIRMAN NIGAM LTD., LUCKNOW

In the result, the appeal of the assessee is allowed and the appeal of the Department is dismissed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2010-11 Uttar Pradesh Rajkiya Nirman V. Dcit Nigam Limited Range Vi Vishweshariya Bhawan Lucknow Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan:Aaacu5701F (Appellant) (Respondent) Assessment Year: 2010-11 Dcit V. Uttar Pradesh Rajkiya Nirman Nigam Range Vi Limited Lucknow Vishweshariya Bhawan Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan:Aaacu5701F (Appellant) (Respondent) Assessee By: Shri K. R. Rastogi, Fca Department By: Shri A. K. Bar, Cit (Dr) Date Of Hearing: 30 04 2019 Date Of Pronouncement: 17 05 2019 O R D E R Per A. D. Jain, V.P.: These Cross-Appeals Are Preferred By The Assessee As Well As The Revenue Against The Order Of The Ld. Cit(A)-Ii, Lucknow, Dated 10/3/2017 For The Assessment Year 2010-11. 2. The Sole Ground Of Appeal, Taken By The Assessee In Its Appeal In Ita No.314/Lkw/2017 Is, As Follows:-

section 131 of the Act to verify the balances or the work done by the appellant in respect of which the credits were generated in the books of accounts. In view thereof the addition made for old balances existing in the books of account of Rs.11,31,25,121/- is deleted giving relief to the appellant.” 28. Having considered

DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S SHRI RAMSWAROOP CHARITABLE TRUST, LUCKNOW

In the result, appeal of the Revenue is dismissed

Bench: Shri A.D Jain & Shri T.S. Kapoora.Y. 2013-14

depreciation on the written Dawn Value of the assets.” 19. In view of above facts and circumstances of the case, we do not find any infirmity in the order of the ld. CIT(A), Ground No.2 is dismissed. 20. Now in Ground No.3, we find that assessee in total had accepted donation of Rs.16,18,36,650/-. During the assessment

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

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-A, NFAC DELHI

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 2(15) of the Act as amended w.e.f. 01.04.2016 made an addition of business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-A, NFAC DELHI

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 2(15) of the Act as amended w.e.f. 01.04.2016 made an addition of business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-APPEAL, NFAC DELHI

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 2(15) of the Act as amended w.e.f. 01.04.2016 made an addition of business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-A, NFAC DELHI

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 2(15) of the Act as amended w.e.f. 01.04.2016 made an addition of business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation

ACIT CIRCLE 3, LUCKNOW vs. RAJDHANI NAGAR SAHKARI BANK LTD, LUCKNOW

In the result, the appeal of the assessee in ITA

Bench: Shri Kul Bharat & Before Shri Kul Bharat & Before Shri Kul Bharat & Shri Nikhil Choudharyshri Nikhil Choudharyshri Nikhil Choudharyita Nos. 112 To 114/Lkw/2024 A.Ys. 2015-16 To 2017-18 Rajdhani Nagar Sahkari Rajdhani Nagar Sahkari Vs. Dcit Bank Ltd P.K. Complex, Raja Ram Mohan P.K. Complex, Raja Ram Mohan 555Ga/86, Sardari Khera, 555Ga/86, Sardari Khera, Rai Marg, Lucknow-226001. 226001. Alambagh, Lucknow-226006 226006 Pan:Aaaar1269D (Appellant) (Respondent) (Respondent) A.Y.2016-17 Acit Circle-3 Vs. Rajdhani Nagar Sahkari Bank Rajdhani Nagar Sahkari Bank 57 Ram Tirath Marg Pratyaksh 57 Ram Tirath Marg Pratyaksh Ltd Kar Bhawan, Lucknow Kar Bhawan, Lucknow-226001 555Ga/86, Sardari Khera, 555Ga/86, Sardari Khera, Alambagh, Lucknow-226006 226006 Pan: Aaaar1269D (Appellant) (Respondent) (Respondent) Assessee By: Sh. K.R. Rastogi, C.A. Sh. Shubham Rastogi, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Addl. Cit- Dr Date Of Hearing: 28.04.2025 Date Of Pronouncement: Date Of Pronouncement: 22.05.2025 O R D E R Per Bench.: These Four Appeals Have Been Have Been Filed For The Assessment Years 2015 For The Assessment Years 2015-16, 2016- 17 & 2017-18 By The Assessee & Revenue Ssessee & Revenue Against The Respective Orders Of The Respective Orders Of The Ld. Cit(A)/Nfac, Delhi Dated 02.02.2024, 05.02.2024 & 05.02.2024 Delhi Dated 02.02.2024, 05.02.2024 & 05.02.2024. While The Delhi Dated 02.02.2024, 05.02.2024 & 05.02.2024 Assessee Is In Appeal In Assessment Years 2015 Assessee Is In Appeal In Assessment Years 2015-16, 2016-17 & 2017-18, The Revenue 18, The Revenue

Depreciation on Investments" and same is verifiable from the Records. However, it is not claimed in the Return, though submissions were filed before Ld. C.I.T. (A), NFAC vide e-filing acknowledgement no. 20012113861664 dated 20.01.2021. (4)That the case law of Hon'ble Supreme Court in Goetz (India) Limited Vs. C.I.T. reported in 284 ITR 323 is not applicable

RAJDHANI NAGAR SAHKARI BANK LTD,LUCKNOW vs. DY.CIT, LUCKNOW

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

Depreciation on Investments" and same is verifiable from the Records. However, it is not claimed in the Return, though submissions were filed before Ld. C.I.T. (A), NFAC vide e-filing acknowledgement no. 20012113861664 dated 20.01.2021. (4)That the case law of Hon'ble Supreme Court in Goetz (India) Limited Vs. C.I.T. reported in 284 ITR 323 is not applicable

SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

depreciation on leasehold right in land and building was not\nallowable as per section 43B of the Income-Tax Act, 1961. The order\nwas revised and cancelled by the Commissioner under Section 263 of the\nAct on the ground that the expenses claimed for the creation of brand\nwere capital expenditure for creating an intangible asset. On appeal by\nthe

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

In the result, the appeal of the assessee stands dismissed

79,131/- as on\n08.11.2016. As stated, supra, it is\npertinent to note that the assessee had\nindeed deposited cash in the bank account\nfrom 01.04.2016 to 08.11.2016 in the\nsum of Rs.94,23,500/-. While it is so,\nthere is no reason to suspect the cash\ndeposit made during demonetization\nperiod in the sum of Rs.80,50,000/-.\nMore

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.181 & 182/Lkw/2024 A.Ys.2017-18 & 2018-19 Rohilkhand Educational Vs. Dcit, Charitable Trust, Bareilly Central Circle, Bareilly Pan: Aaatr6902J (Appellant) (Respondent) Assesseeby: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 22.09.2025 O R D E R Per Bench: [ These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A)-3, Lucknow Dated 19.03.2024 & 22.03.2024, Passed Under Section 250 Of The Income Tax Act, 1961, For The A.Ys. 2017-18 & 2018-19, Dismissing The Appeals Of The Assessee Against Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “(1).That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Not Considering The Fact That In The Alleged Assessment Order, The Columns Of Name Of Assessee, Pan, Asst Year, Date Of Assessment & Section Under Which Passed, Are Blank. (2)That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Treating The Demand As Valid Which Was Not Computed On The Basis Of Orderthat May Not Be Termed To Be An Order Under Section 143(3). (3) That A Demand Of Tax As Computed In The Computation Sheet Is Without Jurisdiction Void-Ab-Inito & Is Liable To Be Annulled. (4) That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Confirming The Addition Of Rs. 736591857/-Comprising  Corpus Donation Aggregating To Rs 7,68,95,000/-, A.Ys. 2017-18 & 2018-19

depreciation on such assets. The ld. AR, thereafter invited our attention to para 10.8.01 of the ld. CIT(A’s) order on the issue of cash deposit. It was pointed out that the ld. CIT(A) had come to a completely erroneous conclusion that the cash deposits were made out of capitation fees or that they were unexplained

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

depreciation on such assets. The ld. AR, thereafter invited our attention to para 10.8.01 of the ld. CIT(A's) order on the issue of cash deposit. It was pointed out that the ld. CIT(A) had come to a completely erroneous conclusion that the cash deposits were made out of capitation fees or that they were unexplained

RAJDHANI NAGAR SAHKARI BANK LTD,LUCKNOW vs. DY.CIT, LUCKNOW

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

Depreciation on Investments" and same is verifiable from the Records. However, it is not claimed in the Return, though submissions were filed before Ld. C.I.T. (A), NFAC vide e-filing acknowledgement no. 20012113861664 dated 20.01.2021. (4)That the case law of Hon'ble Supreme Court in Goetz (India) Limited Vs. C.I.T. reported in 284 ITR 323 is not applicable

RAJDHANI NAGAR SAHKARI BANK LTD,LUCKNOW vs. DY. CIT, LUCKNOW

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

Depreciation on Investments" and same is verifiable from the Records. However, it is not claimed in the Return, though submissions were filed before Ld. C.I.T. (A), NFAC vide e-filing acknowledgement no. 20012113861664 dated 20.01.2021. (4)That the case law of Hon'ble Supreme Court in Goetz (India) Limited Vs. C.I.T. reported in 284 ITR 323 is not applicable

DY. COMMISSIONER OF INCOME TAX-6, KANPUR vs. M/S NARAIN INSTITUTE OF MANAGEMENT STUDIES PVT. LTD., KANPUR

In the result, the appeal of the Department is allowed for statistical purposes

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

79,914.70/- by simply adding the 3 Crores. Thus, these facts clearly indicated that the subsequent balance-sheet had no base and was not supported by any books of accounts of the company. Therefore, he deleted the addition made by the ld. AO. 5. The Department is aggrieved with this decision of the ld. CIT(A). Sh. Sanjeev Krishna Sharma

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

Section 153A of the Act i.e. of 16 August 2018 all those persons who originally gave statement were mostly retracted. Subsequently, during the course of assessment proceedings, these persons were cross-examined, who confirmed the retraction of the statement. Therefore, now these statements do not have any evidentiary value. 032. Even otherwise, in none of the statement recorded

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

Section 153A of the Act i.e. of 16 August 2018 all those persons who originally gave statement were mostly retracted. Subsequently, during the course of assessment proceedings, these persons were cross-examined, who confirmed the retraction of the statement. Therefore, now these statements do not have any evidentiary value. 032. Even otherwise, in none of the statement recorded

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

79,147 4,52,65,423 6.58 11% 7% 2020-21 1,59,98,27,836 10,07,00,526 6.29 11% 7% 2021-22 1,68,08,35,131 17,03,38,176 10.13 11% 10.13% Addition on extra profit deleted. 2022-23 2,82,59,71,973 28,50,48,173 11% 9.68% Addition on extra profit deleted