STATE BANK OF INDIA, OVERSEAS BRANCH,KANPUR vs. ACIT(TDS), KANPUR

In the result, all the appeals of the assessee are dismissed

disallowance of LTC/LTA under section 10(5)\nof IT Act 1961, without appreciating that there was 'reasonable\ncause' for the said failure as per the provisions of Section 273B\nof the Act 1961.\n6.\nThat the grounds of appeal as pleaded before the Learned\nCIT(Appeal) are relied upon the appeal before the Hon'ble\nMember, ITAT.\n7.\nThat

BRANCH MANAGER STATE BANK OF INDIA, REGIONAL BUSINESS OFFICE, ADMINISTRETIVE OFFICE,KANPUR vs. ACIT (TDS), KANPUR

In the result, all the appeals of the assessee are dismissed

disallowance of LTC/LTA under section 10(5) of IT Act 1961, without appreciating that there was 'reasonable cause' for the said failure as per the provisions of Section 273B of the Act 1961.\n6. That the grounds of appeal as pleaded before the Learned CIT(Appeal) are relied upon the appeal before the Hon'ble Member, ITAT.\n7. That

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

section 263 of the Income Tax Act, in as much as the original assessment order dated 11-02-2016 is neither erroneous nor prejudicial to the interest of revenue. 3. That the Ld. PCIT was wrong in not passing an speaking order ignoring the submissions made by the assessee during proceeding u/s 263 rendering the order under appeal

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR., KANPUR vs. M/S. SUSHRUT INSTITUTE OF PLASTIC SURGERY PRIVATE LIMITED, LUCKNOW

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

disallowed and added to the total income of the assessee. The AO completed the assessment under section 143(3) of the Act, assessing the total income of the assessee at Rs.16,99,00,480/-. 2.4 The AO also invoked the provisions of section 115BBE of the Act and initiated penalty proceedings under section 271AAC(1) of the Act. ITA No.30/LKW/2023

ABDUL HAMEED CHIKWA,KANPUR vs. ACIT, KANPUR

In the result, both the appeals in ITA

sections": [ "143(3)", "271(1)(c)", "80HHC", "133(6)", "131" ], "issues": "Whether the appeals can be continued after the death of the assessee when legal heirs are not brought on record as per the applicable rules. Whether the disallowance

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

disallowances of expenses on\nnon adherence of TDS provision under section 40A(3) of the Act, where profit is\nestimated.\n\n9. Whether on facts and circumstances of the case and in law, the CIT(A) erred in\ndeleting the addition of Rs.12,01,000/- computed addition of Rs.61,31,000/- \nagainst actual consideration of Rs.31

LUCKNOW DEVELOPMENT AUTHORITY ,LUCKNOW vs. ACIT (E), LUCKNOW

In the result, all the appeals are partly allowed

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

disallowances, which is not in accordance with law and which needs to be deleted. I.T.A. Nos.185,186,163,164,439/Lkw/2019 27 6. Learned D. R., on the other hand, vehemently supported the orders of the authorities below and submitted that the objects of the assessee may at first appear to be of general public utility, however, sale and purchase

LUCKNOW DEVELOPMENT AUTHORITY,LUCKNOW vs. ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

In the result, all the appeals are partly allowed

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

disallowances, which is not in accordance with law and which needs to be deleted. I.T.A. Nos.185,186,163,164,439/Lkw/2019 27 6. Learned D. R., on the other hand, vehemently supported the orders of the authorities below and submitted that the objects of the assessee may at first appear to be of general public utility, however, sale and purchase

LUCKNOW EVELOPMENT AUTHORITY,LUCKNOW vs. I.T.O., LUCKNOW

In the result, all the appeals are partly allowed

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

disallowances, which is not in accordance with law and which needs to be deleted. I.T.A. Nos.185,186,163,164,439/Lkw/2019 27 6. Learned D. R., on the other hand, vehemently supported the orders of the authorities below and submitted that the objects of the assessee may at first appear to be of general public utility, however, sale and purchase

LUCKNOW DEVELOPMENT AUTHORITY ,LUCKNOW vs. DCIT (E), LUCKNOW

In the result, all the appeals are partly allowed

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

disallowances, which is not in accordance with law and which needs to be deleted. I.T.A. Nos.185,186,163,164,439/Lkw/2019 27 6. Learned D. R., on the other hand, vehemently supported the orders of the authorities below and submitted that the objects of the assessee may at first appear to be of general public utility, however, sale and purchase

LUCKNOW DEVELOPMENT AUTHORITY ,LUCKNOW vs. ACIT (E), LUCKNOW

In the result, all the appeals are partly allowed

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

disallowances, which is not in accordance with law and which needs to be deleted. I.T.A. Nos.185,186,163,164,439/Lkw/2019 27 6. Learned D. R., on the other hand, vehemently supported the orders of the authorities below and submitted that the objects of the assessee may at first appear to be of general public utility, however, sale and purchase

LODGE OF HARMONY NO.438EC,KANPUR vs. A O EXAMPTION WARD, KANPUR

In the result, appeal of the assessee is partly allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2018-19 Lodge Of Harmony No.438Ec V. The Assessing Officer C/O P.C. Agarwal Exemption Ward 15/296, Govind Niwas Kanpur Civil Lines, Kanpur Tan/Pan:Aaatl2285Q (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 04 07 2024 Date Of Pronouncement: 30 08 2024 O R D E R

131(31)/81- TP(Pt.)] dated 11.1.1982, wherein it has been specifically provided that in case of registered Societies, trade and professional associations, social and sports clubs, charitable or religious trusts, etc., where the members or trustees are not entitled to any share in the income of the association of persons, provisions of section 167A of the Act will

ABDUL HAMEED CHIKWA,KANPUR vs. ACIT, KANPUR

In the result, both the appeals in ITA

disallowance of the claim made under section\n8OHHC and that being a legal claim, the provisions of section 271(1)(c) are\nnot attracted, the penalty imposed be deleted.\n5. Because on a proper consideration of facts and circumstances of the\ncase, it would be found that there is no furnishing of inaccurate particulars\nof income, the Explanation

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

131(1)(d) to DDIT(Inv.) Mumbai. It is not the case that the A.O. did not have knowledge of the above reports as the assessments order does find mention of the above reports.\n\n(h) The A.O. ignored these reports and the fact that the astronomical increase in share prices was not commensurate to the intrinsic value

PROP. R K AGENCIES KHUTAR ROAD GOLA GOKARAN NATH DISTT LAKHIMPUR KHERI,GOLA GOKARAN NATH DISTT KHERI vs. PROP., ITO LAKHIMPUR KHEI UTTAR PRADESH

The appeal of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2016-17 Priyanka Tiwari V. Income Tax Officer 3(5) Prop. R. K. Agencies Lakhimpur Khutar Road, Gola Gokaran Nath Lakhimpur Kheri Tan/Pan:Amept3933B (Appellant) (Respondent) Appellant By: Shri Samrat Chandra, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R.

131(A) ITA No.251/LKW/2023 Page 2 of 11 of the Income Tax Act, 1961 (hereinafter called “the Act’), the statements on oath of Shri Babloo Rathore and Shri Vivek Mishra were recorded. During the course of recording their statements on oath, both of them stated that the cash belonged to the assessee, Smt. Priyanka Tiwari, Proprietor of M/s R.K. Agencies

LODGE OF HARMONY NO,438EC,KANPUR vs. ASSESSING OFFICER, EXEMPTION WARD, KANPUR

The appeal of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Lodge Of Harmony V. The Assessing Officer No.438Ec Exemption Ward C/O P.C. Agarwal Kanpur 15/296, Govind Niwas Civil Lines, Kanpur Tan/Pan:Aaatl2285Q (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 09 05 2024 Date Of Pronouncement: 05 08 2024 O R D E R

131(31)/81-TP(Pt.)] dated 11.1.1982, wherein it has been specifically provided that in case of registered Societies, trade and professional associations, social and sports clubs, charitable or religious trusts, etc., where the members or trustees are not entitled to any share in the income of the association of persons, provisions of section 167A of the Act will

SHRI SWATANTRA KUMAR SHUKLA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX-3, KANPUR

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Swatantra Kumar Shukla, Vs. Dy. Cit-3, Kanpur 61/139, Sita Ram Mohal, Kanpur- 208001 (U.P.) Pan: Acaps5484N (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 03.09.2025 Date Of Pronouncement: 24.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A)- 1, Kanpur, Passed On 29.07.2019 Wherein The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Under Section 143(3) Of The Act For The A.Y. 2015-16 On 29.12.2017 Has Been Dismissed. The Grounds Of Appeal Are As Under: - “1. That The Ld Cit(A) Was Wrong In Confirming The Addition Of Rs. 1,39,81,850- Made By The Ao Without Any Valid Reason. 2. That The Revenue Was Wrong In Disallowing The Claim Of Long Term Capital Gains U/S 10(38) Of The Act & The Same Is Against Facts & Law. 3. That The Various Case Law Cited By The Revenue In Rejecting The Claim Is Wrong In As Much As The Facts Of The Appellant'S Case Are Distinguishable From The Cited Case Law. 4. That The Revenue Was Wrong In Invoking Section 68 Of The Act & The Same Is Not Justified & Unwarranted. 5. That It Was Wrong On The Part Of Revenue To Invoke Section 68 Of The Act In As Much As Initial Onus On The Assessee To Establish Identity, Credit Capacity Of The Creditor & Genuineness Of The Transaction Was Discharged. 6. That The Finding Of The Ld Ao That 'Long Term Capital Gains Of Rs.1 39,81,850/ Claimed By The Assessee Is Held To Have Been Arranged By The Assessee Through

disallowing the claim of Long Term Capital gains u/s 10(38) of the Act and the same is against facts and law. 3. That the various case law cited by the Revenue in rejecting the claim is wrong in as much as the facts of the appellant's case are distinguishable from the cited case law. 4. That the Revenue

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

131(1)(d) to DDIT(Inv.) Mumbai.: the examination of the documents filed the assessee have been meticulously done by AO, Independent enquiry has been made, that is enquiry made with the Broker D.B & Company through department letter 27/02/2017, repl y received vide letter dated 13/04/2017 of the broker, also through DDIT (Inv) Kolkatta, Stock Holding Corporation of India Limited