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

In the result, the appeal of the assessee stands dismissed

249:(2021)437ITR285(Del) HIGH COURT OF\nDELHI has held that :-\n\n\"The fact that the AO has not given reasons in the\nassessment order is not indicative, always, of whether\nor not he has applied his mind. Therefore, scrutiny of\nthe record, is necessary and while scrutinising the\nrecord the Court hasto keep in mind the difference\nbetween

USHA YADAV,LUCKNOW vs. INCOME TAX OFFICER RANGE 6(2), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

249 & 251/LKW/2024 Page 5 of 13 1. Such land is situate in any area referred to in item (a) or item (b) of subclause (iii) of clause (14) of section 2 2. Such land during the period of two years s immediately preceding the sale ‘of transfer was being used for agricultural purposes by such Hindu ‘undivided family or individual

USHA YADAV,LUCKNOW vs. INCOME TAX OFFICER RANGE 6(2), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

249 & 251/LKW/2024 Page 5 of 13 1. Such land is situate in any area referred to in item (a) or item (b) of subclause (iii) of clause (14) of section 2 2. Such land during the period of two years s immediately preceding the sale ‘of transfer was being used for agricultural purposes by such Hindu ‘undivided family or individual

SHAILENDRA KUMAR SINGH ,HARDOI vs. ITO-3(2),HARDOI-1, HARDOI

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshrait(Ss) A. Nos. 795 To 798/Lkw/2024 Assessment Year: 2021-22 Shailendra Kumar Singh Ito-3(2) V. Subhan Khera Sandila, Hardoi- Hardoi-1 241305. Uttar Pradesh-241305. Pan:Cvqps4275L (Appellant) (Respondent) Appellants By: Shri Naeem Khan, Ca Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) O R D E R

2. The Total Income reported amounts to Rs. 3,84,520.00. However, the assessment was conducted at a substantially inflated figure of Rs. 1,11,14,956.00, along with penalty u/s 271AAC(1) This discrepancy arises from specific additions and disallowances along with levy of penalty made by the Income Tax Department, based on a best judgment assessment, which

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. That the grounds of appeal as pleaded before the Learned\nCIT(Appeal) are relied upon the appeal before the Hon'ble\nMember, ITAT.\n7. That

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

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)\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.\n\n6. That the grounds of appeal as pleaded before the Learned\nCIT(Appeal) are relied upon the appeal before the Hon'ble\nMember, ITAT

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

disallowance of interest on unsecured loan. 6. BECAUSE on the facts and in the circumstances of the case, the Id."CIT(A)" should have directed the AO to drop the penalty proceedings initiated u/s 270A of the Act. 7. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 8. BECAUSE each ground taken

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

disallowance of interest on unsecured loan. 6. BECAUSE on the facts and in the circumstances of the case, the Id."CIT(A)" should have directed the AO to drop the penalty proceedings initiated u/s 270A of the Act. 7. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 8. BECAUSE each ground taken

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

disallowance of interest on unsecured loan. 6. BECAUSE on the facts and in the circumstances of the case, the Id."CIT(A)" should have directed the AO to drop the penalty proceedings initiated u/s 270A of the Act. 7. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 8. BECAUSE each ground taken

BHAVAN RAVAT,RAEBARELI vs. ASSESSING AUTHORITY NFAC, DELHI

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

Bench: Shri Kul Bharat & Shri Nikhil Choudharyassessment Year: 2017-18 Bhavan Ravat Assessing Authority V. Vill. Rampur Sudauli, Nfac Raebareli-229301. Delhi Pan:Ajwpr1755Q (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Adv. Respondent By: Shri Sanjeev Krishna Sharma, Addl Cit(Dr) Date Of Hearing: 18 02 2025 Date Of Pronouncement: 12 03 2025 O R D E R

Section 249(2) of the Income Tax Act, 1961, which obstructed his action to file the appeal within the time limit. 2. On the facts and in the circumstances of the case and in law, the order of the Ld. CIT(A), NFAC, erroneously disallowed

MOHD. AYAZ,LUCKNOW vs. DCIT, RANGE-4, LUCKNOW

In the result, the appeal of the assessee is allowed

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

2. The facts of the case are, that in this case, an original assessment order was passed under section 143(3) on 9.12.2019 on a total returned income of Rs.33,76,700/-. Subsequently, an order under section 263 was passed by the Pr. CIT, Lucknow-1 on 8.03.2022, with a direction to make a proper enquiry and verification. Accordingly, fresh

SATYAWADI HARISHCHANDRA SWASTHYA PARIKSHAN SAMITI,LUCKNOW vs. THE ASSISTANT DIRECTOR OF INCOME TAX, CPC, BANGALORE

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

Bench: Shri Anadee Nath Misshra

249(2) of the Act. The present appeal has been filed by the assessee against the aforesaid impugned appellate order dated 19/07/2024 of learned CIT(A). The grounds of appeal are as under: “1. The Ld Addl/JCIT (Appeal) Patna erred on facts and in law in dismissing the appeal solely due to the reason for not condoning the delay being

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)

2) and due to oversight, the auditor did not file the report online. However, the return of income alongwith the requisite documents was submitted on 30.09.2013 to the Income Tax Department manually. The CPC, AO without considering the peculiar facts of the case and the related law, assessed the total income at Rs. 3,82,80,430/- by disallowing

YASH INFRATECH,LUCKNOW vs. ACIT, RANGE-1, LUCKNOW

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Yash Infratech V. The Acit A-78, Indira Nagar Range 1 Lucknow (U.P) Lucknow Tan/Pan:Aabfy1381R (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R

disallowance made under section 40A(3) of the Act. These judicial precedents have been included by the assessee in the paper book submitted by the assessee and are as under: 1. Vikrant Happy Homes (P.) Ltd. vs. DCIT reported in [2022] 138 taxmann.com 559 (ITAT, Pune). 2. Vijayeta Buildcon (P.) Ltd. vs. ACIT reported in [2021] 123 taxmann.com 133 (ITAT

NARENDRA SACHIN ENTERPRISES,LUCKNOW vs. ITO NFAC, LUCKNOW

In the result, the appeal is allowed for statistical purposes

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

2. Because he learned Commissioner of Income Tax (Appeals), NFAC, has erred in law and on facts in rejecting the appellant's appeal in limine on the alleged ground of limitation, without proper inquiry, without issuing a show cause notice, and without providing an opportunity to the appellant to explain or seek condonation of the alleged delay. 3. Because

UP GOVERNMENT EMPLOYEES WELFARE,LUCKNOW vs. ACIT, NFAC, DELHI

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

Bench: Shri Kul Bharat & Shri Nikhil Choudhary

2. The facts of the case are that the assessee filed its return of income for assessment year 2018-19, declaring total income as Nil. The case was taken up for scrutiny and since during assessment proceedings, the assessee failed to substantiate the expenses debited to the tune of Rs.10,10,83,561/-, the same was added back

ARIF INDUSTRIES PVT.LTD.,LUCKNOW vs. CIT(A), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.638/Lkw/2024 ननिाारण वर्ा/ Assessment Year: 2022-23 Arif Industries Pvt Ltd V. Commissioner Of Income 2Nd Floor Metro City Centre, Tax Appeals/National Metro City, Paper Mill Faceless Appeal Centre Compound, Nishat Ganj, Delhi. Lucknow-226006. Pan:Aacca2048M अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Rajeev Joshi, Ca प्रत्यर्थी कक और से /Respondent By: Shri Amit Kumar, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 09 09 2025 घोर्णा कक तारीख/ Date Of 28 10 2025 Pronouncement: आदेश / O R D E R

2. The facts in brief are that the assessee is a company filed its return of income in ITR-6 on 27.10.2022 i.e. before due date of filing of the return. The assessee filed its audit report in Form No.10CCB on 13.10.2022 i.e. before the due date of filing of the return u/s 139(1) of the Income