SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

Section 263 is not one that depends on possibility\nor guess work, but it should actually be an error either of fact or of law.\nAntala Sanjaykumar Ravjibhai v. CIT (2012) 135 ITD 506 (Rajkot) (Trib)\nSection 263 does not visualize a case of of judgment of substitution\nCommissioner for that of the Assessing Officer, unless the decision is held

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. 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 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. 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 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

M/S MODEL EXIM,KANPUR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL), KANPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriam/S. Model Exim Pcit (Central) V. 624-C, Defence Colony, 7/81-B, Tilak Nagar, Jajmau, Kanpur-208010. Kanpur. Pan:Aadfm6163H (Appellant) (Respondent) Appellant By: Shri Swaran Singh, C.A. Respondent By: Smt Namita S. Pandey, Cit(Dr) Date Of Hearing: 29 10 2024 Date Of Pronouncement: 05 11 2024 O R D E R

135 TTJ Lucknow 641) 10. TVS Motor Company Vs. ACIT (ITA. Nos. 697 & 757/Mds/2009) In conclusion it is clear from the reading of the provisions of Section 9 as well as a number of case laws that none of the section 9 tests would succeed (specifically section 9(1)(i), 9(1)(vi) and 9(1)(vii) and therefore

SAHAKARI GANNA VIKAS SAMITI LTD,,BAGHAULI, HARDOI vs. THE ITO, RANGE-3(2), HARDOI

The appeals of the assessee are allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava

135/- to the income of the assessee and the AO also disallowed the claim of depreciation of Rs.44,655/- and added the same to the income of the assessee. Accordingly, the AO completed the assessment under section

SAHKARI GANNA VIKAS SAMITI LTD. ,BAGHAULI, HARDOI vs. THE ITO RANGE-3(3), HARDOI

The appeals of the assessee are allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava

135/- to the income of the assessee and the AO also disallowed the claim of depreciation of Rs.44,655/- and added the same to the income of the assessee. Accordingly, the AO completed the assessment under section

ACIT, RANGE-I, LUCKNOW vs. SHRI YOGESH MULWANI, LUCKNOW

In the result, the appeal of the Revenue stands dismissed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2016-17 The Asstt. Cit V. Shri Yogesh Mulwani Range 1 36, Cantonment Road Lucknow Lucknow Tan/Pan:Ahnpm4669B (Appellant) (Respondent) Appellant By: Shri Harish Gidwani, D.R. Respondent By: Shri K.R. Rastogi, C.A. Date Of Hearing: 19 05 2022 Date Of Pronouncement: 01 06 2022 O R D E R

135 63,99,575 Corporation 2 M/s N. M Gopani 10,01,191 23,94,404 3,63,956.40 Opticians Pvt. Ltd 3 M/s GKB RX Lenses 46,57,161 44,58,196 48,16,892.63 Page 3 of 8 4 M/s Stylrite Optical 56,202 1,23,746 - Industries 5 M/s SSD Optics

CO-OPERATIVE CANE DEVELOPMENT UNION LTD,,KAKHIMPUR KHERI vs. THE ITO, RANGE-3(4), LAKHIMPUR KHERI

The appeals of the assessee are allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava

135/-. The case of the assessee was selected for scrutiny under CASS. The Assessing Officer (AO) issued statutory notices to the assessee, requiring the assessee to explain the reason for ‘Large deduction under Chapter VI-A of the Act from total income’. During the course of assessment proceedings, the AO noticed from the Income and Expenditure statements of the assessee

CO-OPERATIVE CANE DEVELOPMENT UNION LTD,,LAKHIMPUR KHERI vs. THE ITO, RANGE-3(4), LAKHIMPUR KHERI

The appeals of the assessee are allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava

135/-. The case of the assessee was selected for scrutiny under CASS. The Assessing Officer (AO) issued statutory notices to the assessee, requiring the assessee to explain the reason for ‘Large deduction under Chapter VI-A of the Act from total income’. During the course of assessment proceedings, the AO noticed from the Income and Expenditure statements of the assessee

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

In the result, all the appeals of the assessee are partly allowed

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

disallowance of expenses u/s 40(a)(ia) of Rs.45,71,338/-. 15. The Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in passing order which is contrary to the facts and law. 4. Learned counsel for the assessee, at the outset, submitted that all the grounds of appeal, except ground No. 3 in I.T.A. No.665

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

In the result, all the appeals of the assessee are partly allowed

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

disallowance of expenses u/s 40(a)(ia) of Rs.45,71,338/-. 15. The Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in passing order which is contrary to the facts and law. 4. Learned counsel for the assessee, at the outset, submitted that all the grounds of appeal, except ground No. 3 in I.T.A. No.665

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

In the result, all the appeals of the assessee are partly allowed

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

disallowance of expenses u/s 40(a)(ia) of Rs.45,71,338/-. 15. The Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in passing order which is contrary to the facts and law. 4. Learned counsel for the assessee, at the outset, submitted that all the grounds of appeal, except ground No. 3 in I.T.A. No.665

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

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

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

section 10(46) of the Act, introduced by the statute by the Finance Act 2011, the specified income arising to a body or trust or Board or Trust or Commission, which has been established or constituted by a Central or a State Act, for any activity for the benefit of general public and which is not engaged in any commercial

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

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

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

section 10(46) of the Act, introduced by the statute by the Finance Act 2011, the specified income arising to a body or trust or Board or Trust or Commission, which has been established or constituted by a Central or a State Act, for any activity for the benefit of general public and which is not engaged in any commercial

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

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

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

section 10(46) of the Act, introduced by the statute by the Finance Act 2011, the specified income arising to a body or trust or Board or Trust or Commission, which has been established or constituted by a Central or a State Act, for any activity for the benefit of general public and which is not engaged in any commercial

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