M/S. APCO INFRATECH PVT. LTD.,,LUCKNOW vs. ACIT-I, LUCKNOW

In the result, appeals vide I

4,5 & 6 which\nhad been duly considered by the Ld. CIT(A), while disposing the appeal on merit.\nThus, the submission made by the appellant before the Hon'ble ITAT that no\nopportunity of hearing was given during the appellate proceedings before the Ld.\nCIT(A)-1, Lucknow, is not correct.\"\n\nConsidering the above submission

DCIT, RANGE-6, LUCKNOW vs. M/S. U.P. STATE SUGAR CORPORATION LTD.,, LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

4 I.T.A. No.588/Lkw/2019 “1. Learned CIT(A) had erred in law and on facts in deleting the addition of Rs.5,79,43,101/- u/s 14A of the Act without appreciating the fact that Section 14A does not use the word ‘income of the year’ but ‘income under the act’ and CBDT circular no. 05/2014 dated 11/02/2014 makes it clear that

DCIT, LUCKNOW vs. M/S U.P. STATE SUGAR CORPORATION LTD., LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

4 I.T.A. No.588/Lkw/2019 “1. Learned CIT(A) had erred in law and on facts in deleting the addition of Rs.5,79,43,101/- u/s 14A of the Act without appreciating the fact that Section 14A does not use the word ‘income of the year’ but ‘income under the act’ and CBDT circular no. 05/2014 dated 11/02/2014 makes it clear that

DCIT, LUCKNOW vs. M/S U.P. STATE SUGAR CORPORATION LTD., LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

4 I.T.A. No.588/Lkw/2019 “1. Learned CIT(A) had erred in law and on facts in deleting the addition of Rs.5,79,43,101/- u/s 14A of the Act without appreciating the fact that Section 14A does not use the word ‘income of the year’ but ‘income under the act’ and CBDT circular no. 05/2014 dated 11/02/2014 makes it clear that

U.P. STATE SUGAR CORPORATION LTD.,LUCKNOW vs. DCIT, RANGE-VI, LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

4 I.T.A. No.588/Lkw/2019 “1. Learned CIT(A) had erred in law and on facts in deleting the addition of Rs.5,79,43,101/- u/s 14A of the Act without appreciating the fact that Section 14A does not use the word ‘income of the year’ but ‘income under the act’ and CBDT circular no. 05/2014 dated 11/02/2014 makes it clear that

DCIT, LUCKNOW vs. M/S U.P. STATE SUGAR CORPORATION LTD., LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

4 I.T.A. No.588/Lkw/2019 “1. Learned CIT(A) had erred in law and on facts in deleting the addition of Rs.5,79,43,101/- u/s 14A of the Act without appreciating the fact that Section 14A does not use the word ‘income of the year’ but ‘income under the act’ and CBDT circular no. 05/2014 dated 11/02/2014 makes it clear that

CO-OPERATIVE CANE DEVELOPMENT UNIAN, LTD. ,LAKHIPUR KHERI vs. ITO WARD-3(4), LAKHIPUR-1

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

Bench: Shri Anadee Nath Misshra

Section 80AC and upheld the disallowance of deduction as incorrect claim by way of adjustment u/s 143(1)(a)(ii) of I. T. Act. 4. That the addition confirmed is highly excessive, contrary to the facts, law and principle of natural justice and without providing sufficient time and opportunity to have its say on the reasons relied upon

NETPLAST PVT.LTD.,KANPUR vs. ACIT CIRCLE 2(3)(1), KANPUR

In the result, the appeal of the assessee is partly allowed

253].\nThe expression "expenditure incurred” in s.14A refers to actual\nexpenditure and not to some imaginary expenditure. If no\nexpenditure is incurred in relation to exempt income, no disallowance\ncan be made u/s 14A. It was for the AO to establish that expenditure\nhas been incurred to earn tax free income.\nThe AO cannot proceed to determine the amount

M/S APCO INFRATECH PVT. LTD.,LUCKNOW vs. D/ACIT-1,CENTRAL-1, LUCKNOW

In the result, appeals vide

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 14A r.w.r 8D do not draw any relation to such expenditures in relation to exempt. 2. The Ld. CIT (A) has erred in law and on facts as the assessee invested a substantial amount of Rs. 187 Cr. in group companies/sister concerns which entail disallowances to be computed as per the provision of 14A of the I.T. Act read

M/S. APCO INFRATECH PVT. LTD.,LUCKNOW vs. ACIT-1, LUCKNOW

In the result, appeals vide

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 14A r.w.r 8D do not draw any relation to such expenditures in relation to exempt. 2. The Ld. CIT (A) has erred in law and on facts as the assessee invested a substantial amount of Rs. 187 Cr. in group companies/sister concerns which entail disallowances to be computed as per the provision of 14A of the I.T. Act read

ASSTT. COMMISSIONER OF INCOME TAX, CC-1, LUCKNOW, AAYAKAR BHAWAN, ASHOK MARG, LUCKNOW vs. APCO INFRATECH PVT. LTD., VIBHUTI KHAND GOMTI NAGAR LKO

In the result, appeals vide

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 14A r.w.r 8D do not draw any relation to such expenditures in relation to exempt. 2. The Ld. CIT (A) has erred in law and on facts as the assessee invested a substantial amount of Rs. 187 Cr. in group companies/sister concerns which entail disallowances to be computed as per the provision of 14A of the I.T. Act read

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

4. BECAUSE the additions in the assessment order were made by the Assessing Officer on the basis of statement of third party, without affording opportunity to the assessee to cross examine the person giving the statement of culpable nature, the Id."CIT(A)" should have deleted the additions in view of judgement and order passed by the Apex Court

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

4. BECAUSE the additions in the assessment order were made by the Assessing Officer on the basis of statement of third party, without affording opportunity to the assessee to cross examine the person giving the statement of culpable nature, the Id."CIT(A)" should have deleted the additions in view of judgement and order passed by the Apex Court

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

4. BECAUSE the additions in the assessment order were made by the Assessing Officer on the basis of statement of third party, without affording opportunity to the assessee to cross examine the person giving the statement of culpable nature, the Id."CIT(A)" should have deleted the additions in view of judgement and order passed by the Apex Court

DY. C.I.T., RANGE-6, LUCKNOW vs. U.P STATE FOOD & ESSENTIAL COMMODITIES LTD., LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

253 of the Act, authorizes the respondent to file cross-objection against any part of the impugned order by which it is aggrieved. The procedure contemplated in the Income Tax Rules, 1962 and followed by the Registry is that on receipt of an appeal from the appellant it issues notice to the respondent. Though it is not a notice fixing

U.P STATE FOOD & ESSENTIAL COMMODITIES LTD.,LUCKNOW vs. INCOME TAX OFFICER-VI(2), LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

253 of the Act, authorizes the respondent to file cross-objection against any part of the impugned order by which it is aggrieved. The procedure contemplated in the Income Tax Rules, 1962 and followed by the Registry is that on receipt of an appeal from the appellant it issues notice to the respondent. Though it is not a notice fixing

DY. C.I.T., RANGE-6, LUCKNOW vs. U.P STATE FOOD & ESSENTIAL COMMODITIES LTD., LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

253 of the Act, authorizes the respondent to file cross-objection against any part of the impugned order by which it is aggrieved. The procedure contemplated in the Income Tax Rules, 1962 and followed by the Registry is that on receipt of an appeal from the appellant it issues notice to the respondent. Though it is not a notice fixing

DY. C.I.T., RANGE-6, LUCKNOW vs. U.P STATE FOOD & ESSENTIAL COMMODITIES LTD., LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

253 of the Act, authorizes the respondent to file cross-objection against any part of the impugned order by which it is aggrieved. The procedure contemplated in the Income Tax Rules, 1962 and followed by the Registry is that on receipt of an appeal from the appellant it issues notice to the respondent. Though it is not a notice fixing