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

disallowed despite the assessee having been engaged in the education activities, duly and cancellation of registration under section 12A of the Act is subjudice. (iii) That the above exemption has been denied invoking the provisions of section 13(3) of the Act, without giving any specific findings in this regard. A.Ys. 2017-18 & 2018-19 8. The learned authorities below

INCOME TAX OFFICER-2(3), LUCKNOW vs. U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

disallowance and he did not find any reason to interfere with the same. He,\ntherefore, decided these grounds against the assessee in both assessment years. On\nthe issue of rent, rates and taxes in the assessment year 2007-08, the ld. CIT(A)\nagain observed that the assessee had not furnished details before him also during\nthe course of appeals

CHARAK HELTH CARE & RURAL DEVELOPMENT SOCIETY,LUCKNOW vs. DCIT-CC-2, LUCKNOW

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

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

disallowing the application towards charitable purposes and raised a demand of Rs. 1,53,41,780/- alongwith interest under section 234A, 234B

INCOME TAX OFFICER-2(3), LUCKNOW vs. U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

disallowance and he did not find any reason to interfere with the same. He,\ntherefore, decided these grounds against the assessee in both assessment years. On\nthe issue of rent, rates and taxes in the assessment year 2007-08, the ld. CIT(A)\nagain observed that the assessee had not furnished details before him also during\nthe course of appeals

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

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

disallowance of Depreciation on addition to fixed assets\nduring the year.\n5. That the Learned CIT Appeal has erred in confirming the interest u/s 234B\nwhich was wrongly levied in regard to the disputed income.\n6. The assessee reserves the right to add/amend one or more ground of\nappeal during course of hearing.\"\n\nThe assessee has also raised

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

section 11, did not consider the findings of the AO with\nrespect to section 11(2), section 13(1)(d) and section 13(3). He has pointed out that\nonce the ld. CIT(A) had held that the income of the assessee should be computed in\nthe manner specified in section 11, taking into account information given in the\naudit

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

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

disallowance and he did not find any reason to interfere with the same. He,\ntherefore, decided these grounds against the assessee in both assessment years. On\nthe issue of rent, rates and taxes in the assessment year 2007-08, the ld. CIT(A)\nagain observed that the assessee had not furnished details before him also during\nthe course of appeals

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

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11, declined to allow the assessee the benefit of\naccumulation under section 11(2) in either assessment year because of (i) its failure\nto specify the purpose for accumulation in assessment year 2007-08 and (ii) its\nfailure to file Form No.10 before the completion before the completion of\nassessment and also to specify purpose of accumulation

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11(2), while directing the ld. AO to compute the income in the manner provided under section 11. Accordingly, additional ground number 2 does not seem to fit with the facts of the case and therefore it is also dismissed. This brings us to additional ground number 3 ie that the Ld CIT(A) has not considered whether

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

disallowed despite the assessee having been engaged in the education activities, duly registered under section 12A of he Act. (ii) That the above exemption has been denied invoking the provisions of section 13(3) of the Act, without giving any specific findings in this regard. Page 18 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 4.1 Section

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

disallowed despite the assessee having been engaged in the education activities, duly registered under section 12A of he Act. (ii) That the above exemption has been denied invoking the provisions of section 13(3) of the Act, without giving any specific findings in this regard. Page 18 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 4.1 Section

BRIGHT LAND COLLEGE,,LUCKNOW vs. INCOME TAX OFFICER (EXEMPTION), LUCKNOW

In the result, the appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2013-14 Bright Land College, Vs. Income Tax Officer 538A / 543/5, Triveni Nagar (Exemption), Lucknow, The Sitapur Road, Lucknow Jurisdictional Assessing Officer Pan:Aaatb4391F (Appellant) (Respondent) Assessee By: Ms. Shweta Mittal, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 02.04.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Passed On 17.10.2022 Under Section 250 Of The Income Tax Act, 1961. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order, Which Is Unlawful, Unjustified & Against The Principles Of Natural Justice. 2. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Passing The Order Without Giving Adequate Opportunity Of Being Heard. 3. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Upholding Ad Hoc Disallowance Of Expense Of Rs. 1,54,57,795/- Against The Order Passed U/S 143(1) Of Income-Tax Act Without Following The Procedure Laid Down In Sub-Section (1) Of Section 143 Of Income-Tax Act, 1961. 4. The Ld. Commissioner Of Income-Tax (Appeal) Has Erred In Law & On Facts In Not Granting Exemption U/S 11 & 12 Of The I. T. Act, 1961. 1 Bright Land College A.Y. 2013-14

disallowance of expense of Rs. 1,54,57,795/- against the order passed u/s 143(1) of Income-tax Act without following the procedure laid down in sub-section (1) of section 143 of Income-tax Act, 1961. 4. The Ld. Commissioner of Income-tax (Appeal) has erred in law and on facts in not granting exemption

SARVJEET SINGH,LUCKNOW vs. ITO-2, FAIZABAD

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2014-15 Sarvjeet Singh Income Tax Officer-Ii V. R-116, Nehru Enclave, Gomti Krishna Palace, Annexe, Nagar, Lucknow-226010. Civil Lines, Faizabad- 224001. Pan:Aujps0401N (Appellant) (Respondent) Appellant By: None Present For The Assessee Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 11 11 2024 Date Of Pronouncement: 12 11 2024 O R D E R

Section 234B amounting to Rs.2,98,649/-. 8. Because the learned CIT(A), NFAC has passed the appellate order on the basis of conjectures and surmises and without considering the facts, the applicable law and without application of mind. 9. Because the learned CIT(A), NFAC did not allow the assessee sufficient opportunity to make compliance of the reasons relied

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

disallowing the exemption claimed and assessing to tax the income of the assessee and the appellate authorities were justified in confirming the same. In such circumstances, we don't see any question of law arising in these appeals to be considered by this Court under Section 260(A) of the Income Tax Act.” Page 22 of 86 (UP AWAS EVAM

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

disallowing the exemption claimed and assessing to tax the income of the assessee and the appellate authorities were justified in confirming the same. In such circumstances, we don't see any question of law arising in these appeals to be considered by this Court under Section 260(A) of the Income Tax Act.” Page 22 of 86 (UP AWAS EVAM

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

disallowing the exemption claimed and assessing to tax the income of the assessee and the appellate authorities were justified in confirming the same. In such circumstances, we don't see any question of law arising in these appeals to be considered by this Court under Section 260(A) of the Income Tax Act.” Page 22 of 86 (UP AWAS EVAM

SKYHIGH INFRAPROJECTS PRIVATE LTD.,LUCKNOW vs. INCOME TAX OFFICER-6(1), LUCKNOW

In the result, the appeal of the assessee is allowed for\nstatistical purposes

Bench: Shri Sudhanshu Srivastavaand\Nshri, Nikhil Choudhary\Nita No. 242/Lkw/2025\N Assessment Year: 2017-18\Nskyhigh Infrastructures Pvt\Nltd\Nv.\Ncp-2 Ii Floor, Gomti Plaza,\Nvikas Khand, Gomti Nagar,\Nlucknow-226010.\Nincome Tax Officer-6(1)\Npratyaksh Kar Bhawan,\Nlucknow-226001.\Npan:Aatcs1687B\N(Appellant)\N(Respondent)\Nappellant By:\Nshri P. K. Kapoor, Ca\Nrespondent By:\Nshri Amit Kumar, Dr\Ndate Of Hearing:\N10 06 2025\Ndate Of Pronouncement:\N31 07 2025\Norder\Nper Nikhil Choudhary.:\Nthis Is An Appeal Filed By The Assessee Against The Order Of\Nthe Learned Commissioner Income Tax (Appeals)/Nfac, Delhi\Nu/S 250 Of The Income Tax Act, 1961 (“Act”, For Short) Dated\N17.01.2025 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of\Nthe Assessee That Was Filed Against The Order Of The Assessing\Nofficer U/S 143(3) Of The Act On 28.12.2019. The Grounds Of\Nappeal Are As Under: -\N“1.

section 234B of the Act and consequently the ld. \"CIT (A)\" ought to\nhave directed the Assessing Officer to delete the interest charged under this\nsection.\n13. BECAUSE the order appealed against is contrary to facts, law and principles of\nNatural justice.\n14. BECAUSE each ground taken in appeal is mutually exclusive and without\nPrejudice to each other

M/S FIVE ROSES,KANPUR vs. DY, CIT-CC-1, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

section 234B of the Act. 14. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 15. BECAUSE each ground taken in appeal is mutually exclusive and without prejudice to each other. 16. The "appellant" craves leave, to add, delete or modify any of the grounds before hearing of appeal. ITA No.272/LKW/2024: 1.1. BECAUSE

M/S FIVE ROSES,KANPUR vs. J/DCIT-CC,, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

section 234B of the Act. 14. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 15. BECAUSE each ground taken in appeal is mutually exclusive and without prejudice to each other. 16. The "appellant" craves leave, to add, delete or modify any of the grounds before hearing of appeal. ITA No.272/LKW/2024: 1.1. BECAUSE