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

disallowed the claim of allocation of depreciation\nciting the reason that the claim of allocation of depreciated has already been\nrevised as per IT Rules. Sum of Rs. 2,21,72,493/- was allocated as per Companies\nAct, which figure was not correct. Further, the in terms of Rule 18BBB of the IT\nRules, the claim of deduction u/s 801A

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

In the result, appeals vide I

disallowed the claim of allocation of depreciation\nciting the reason that the claim of allocation of depreciated has already been\nrevised as per IT Rules. Sum of Rs.2,21,72,493/- was allocated as per Companies\nAct, which figure was not correct. Further, the in terms of Rule 18BBB of the IT\nRules, the claim of deduction u/s 801A

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

4 above, the dis-allowance\nunder the heads 'legal expenses', is much too high and highly excessive.\n6. BECAUSE the order appealed against is contrary to the facts, law and principles of\nnatural justice to the extent stated in the foregoing grounds.”\nITA No.21/LKW/2019\n1) Ld. CIT(A) has erred in law by directing the AO to compute

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

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

4 above, the dis-allowance\nunder the heads 'legal expenses', is much too high and highly excessive.\n\n6. BECAUSE the order appealed against is contrary to the facts, law and principles of\nnatural justice to the extent stated in the foregoing grounds.”\n\nITA No.21/LKW/2019\n\n1) Ld. CIT(A) has erred in law by directing

PANKAJ AGARWAL,KANPUR vs. JT.CIT CIRCLE-1(1)(1), KANPUR

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

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2012-13 Pankaj Agarwal, 7/151, Ratan Vs. The Jt. Commissioner Of Majestic, Opp. Sony World, Income Tax, Circle 1(1)(1), Swaroop Nagar, Kanpur-208002 Kanpur-208001 Pan:Abjfs4912R (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Sanjeev Krishna Sharma Sr Dr & Sh Sunil Kumar Rajwanshi, Addl Cit Dr Date Of Hearing: 10.02.2025 Date Of Pronouncement: 22.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld. Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 On 21.08.2023. The Grounds Of Appeal Are As Under:- “1. Because The Cit (A) Has The Erred On Facts & In Law In Upholding The Disallowance Of Rs.2,47,02,865/- On Account Of Loss In Trading In Derivatives Business Treating The Same As Capital Loss, As Against Assessee'S Claim Of Business Loss, To Be Set Off Against Other Business Income, Which Order Is Contrary To Facts, Bad In Law, The Disallowance Made By The Ao & Upheld Be Deleted. 2. Because On A Proper Consideration Of The Facts & Circumstances Of The Case & Also On The Interpretation Of The Provisions Of Sec 43(5), It Would Be Found The Loss Of Rs.2,47,02,865/- On Account Of Trading In Derivative Is Neither A Speculative Loss Nor A Capital Loss, The Same Should Ought To Be Set Off Against Other Business Income, The Cit (A) Has Erred, In Treating The Same As Short Term Capital Loss.

4. Furthermore, the ld. AO observed that the assessee had reported huge exempt income in the form of exempt long term capital gain under section 10(38), dividend from mutual fund under section 10(34) and exempt interest under section 10(15) and 10(11), amounting in total to Rs.1,55,94,309/-.She held that there were certain

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

4 above, the dis-allowance\nunder the heads 'legal expenses', is much too high and highly excessive.\n\n6. BECAUSE the order appealed against is contrary to the facts, law and principles of\nnatural justice to the extent stated in the foregoing grounds.”\n\nITA No.21/LKW/2019\n1) Ld. CIT(A) has erred in law by directing

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

DINESH CHAND JAIN,KANPUR vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, KANPUR

In the result, the appeal of the assessee is allowed

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2012-13 Dinesh Chand Jain, Vs. Dy. Cit, 7/189, Swaroop Nagar, Kanpur- Central Circle-1, Kanpur 280002, U.P. Pan: Adbpj2732Q (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.R.N. Shukla, Add Cit Dr Date Of Hearing: 04.12.2025 Date Of Pronouncement: 17.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Ao Under Section 143(3) R.W.S. 154 Of The Income Tax Act, 1961 On 28.04.2016. The Grounds Of Appeal Are As Under:- “1.1 Because The Id. "Cit(A)" Has Erred In Law & On Facts In Upholding The Action Of The Assessing Officer In Withdrawing The Refund Of Interest Amounting To Rs. 8,20,163/-, Paid To The Assessee U/S 244A Of The Income-Tax Act, 1961 On Excess Amount Of Self-Assessment Tax Paid U/S 140A Of The Act. 1.2 Because The View Taken By Id. "Cit(A)" While Upholding The Action Of The Assessing Officer Is Based On Misinterpretation Of The Provisions Of Clause (B) Of Sub-Section (1) Of Section 244A Of The Act, As Applicable At The Relevant Point Of Time. 2. Because, In Any Case & Without Prejudice To The Grounds Hereinfore, While Upholding The Action Of The Assessing Officer In Withdrawing The Interest Paid To The Assessee U/S 244A Of The Act, The Ld. "Cit(A)" Failed To Appreciate That The Issue Of Payment Of Interest On Excess Amount Paid U/S 140A Was Debatable In Nature & It Could Not Have Been Decided By Invoking The Provisions Of Section 154 Of The Act As The Same Did Not Constitute A Mistake Apparent From The Record.

disallow interest under section 244A of the Act on the refund of self-assessment tax wherein the issue was a debatable one and that the ld. AO could not have invoked provisions under section 154 because only mistakes apparent from the record could be rectified under that section. 4. The ld. CIT(A) considered the submissions of the assessee

M/S U.P RAJKIYA NIRMAN NIGAM LTD.,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, RANGE-6, LUCKNOW

In the result, the appeal of the assessee is allowed and the appeal of the Revenue stands dismissed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2013-14 Uttar Pradesh Rajkiya Nirman V. The Dy. Cit Nigam Ltd. Range Vi Visheshwaraiya Bhawan Lucknow Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan:Aaacu5701F (Appellant) (Respondent) Assessment Year: 2013-14 The Dy. Cit V. Uttar Pradesh Rajkiya Nirman Range Vi Nigam Ltd. Lucknow Visheshwaraiya Bhawan Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan: Aaacu5701F (Appellant) (Respondent) Assessee By: Shri K. R. Rastogi, C.A. Department By: Smt. Sheela Chopra, Cit (Dr) Date Of Hearing: 04 10 2021 Date Of Pronouncement: 14 12 2021 O R D E R

D E R PER A.D. JAIN, V.P.: These are cross-appeals by the assessee as well as the Revenue against the order of the ld. CIT(A), Lucknow-2, dated 14.1.2019 for the assessment year 2013-14. ITA No.184&218/LKW/2019 Page 2 of 22 2. The assessee has raised the following grounds of appeal

DY. COMMISSIONER OF INCOME TAX, RANGE-6, LUCKNOW vs. M/S U.P RAJKIYA NIRMAN NIGAM LTD., LUCKNOW

In the result, the appeal of the assessee is allowed and the appeal of the Revenue stands dismissed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2013-14 Uttar Pradesh Rajkiya Nirman V. The Dy. Cit Nigam Ltd. Range Vi Visheshwaraiya Bhawan Lucknow Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan:Aaacu5701F (Appellant) (Respondent) Assessment Year: 2013-14 The Dy. Cit V. Uttar Pradesh Rajkiya Nirman Range Vi Nigam Ltd. Lucknow Visheshwaraiya Bhawan Vibhuti Khand, Gomti Nagar Lucknow Tan/Pan: Aaacu5701F (Appellant) (Respondent) Assessee By: Shri K. R. Rastogi, C.A. Department By: Smt. Sheela Chopra, Cit (Dr) Date Of Hearing: 04 10 2021 Date Of Pronouncement: 14 12 2021 O R D E R

D E R PER A.D. JAIN, V.P.: These are cross-appeals by the assessee as well as the Revenue against the order of the ld. CIT(A), Lucknow-2, dated 14.1.2019 for the assessment year 2013-14. ITA No.184&218/LKW/2019 Page 2 of 22 2. The assessee has raised the following grounds of appeal

SAHKARI GANNA VIKAS SAMITI LTD.,LAKHIMPUR KHERI vs. ACIT, SITAPUR

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2019-20 Sahkari Ganna Vikas Samiti Acit Sitapur/Cpc, V. Limited Income Tax Deptt., C/O Ayyubi Chamber, Raniganj, Bengaluru-560500. Lakhimpur Kheri, U.P.-241001. Pan:Aawfs0887P (Appellant) (Respondent) Appellant By: Shri Shubham Rastogi, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, Addl. Cit(Dr) Date Of Hearing: 26 11 2024

D E R PER ANADEE NATH MISSHRA, A.M.: 1. This appeal has been filed by the assessee against the order of the Ld. CIT(A), Lucknow dated 29.03.2024 for the assessment year 2019-20. The grounds of appeal of the assessee are as under: - “(1) ‘That the Ld. C.I.T. (A), NFAC, erred on facts and in law in upholding

VIDYUT TRANSMISSION KARMACHARI VETAN BHOGI CREDIT COOPERATIVE SOCIETY,LUCKNOW vs. CPC BANGALORE/ITO-2(1), LUCKNOW

Appeal of the assessee is partly allowed for statistical

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

D E R PER: ANADEE NATH MISSHRA, A.M. 1. This appeal vide I.T.A. No.464/Lkw/2025 has been filed by the assessee for assessment year 2019-20 against impugned appellate order dated 03/04/2025 (DIN & Order No. ITBA/APL/S/250/2019-20/1075453457(1) of Commissioner of Income Tax (Appeals) [“CIT(A)” for short]. 2. In this case, intimation under Section 143(1) of the Income

M/S AYODHYA DEVELOPMENT AUTHORITY(FORMERLY AYODHYA FAIZABAD DEVELOPMENT AUTHORITY),AYODHYA vs. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

disallowing the exemption u/s 11on the ground that the appellant is hit by the provisions of section 13(1)(c) read with section 13(3) of Income-tax Act, 1961. 5. That the Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts by not treating the appellant as Charitable Institution, even though the same has already

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

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

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

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

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

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

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

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

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

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue