SACHIN VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - II, KANPUR

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

disallowance of Rs.2,22,289/- on account of interest on unsecured loan. 6. That the assessment completed by learned Assessing Officer is arbitrary, prejudicial and unlawful as no addition can be made merely on doubt or presumption without bringing any positive evidences. 7. That the learned Assessing Officer has erred in not providing proper and adequate opportunity to the appellant

VIJAY PAL SINGH,HARDOI vs. ASSESSMENT UNIT, NFAC

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

disallowances without proper opportunity. 29. Accordingly, the assessment order dated 22.09.2021, framed without awaiting the valuation report in violation of the statutory mandate under section 50C(2) read with section 153, as well as Accordingly, the assessment order dated 22.05 2021, framed without awaiting the valuation report in dated 20.11.2024 passed under section 154 on t((2) read with section

FIROJ AHMAD ,LUCKNOW vs. ITO-1(4), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2017-18 Firoz Ahmad Income Tax Officer-1(4) V. B-1174, Indira Nagar, Pratyaksh Kar Bhawan, Lucknow-226016. Lucknow-226001. Pan:Adypa2072K (Appellant) (Respondent) Appellant By: None (Adj. Application Filed) Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 14 11 2024 Date Of Pronouncement: 26 11 2024 O R D E R

1 to Rs 92,00,000/-. 4. That the learned Commissioner of Income Tax (Appeals) NFAC, Delhi has erred in law and on facts and circumstances of the case in confirming the Sale consideration of Property No 2 at Rs 79,73,000/- by application of Section 50C of the Act. Page 2 of 6 5. That the learned Commissioner

DY. COMMISSIONER OF INCOME TAX-VI, KANPUR vs. COMMERCIAL AUTOMOBILES PVT. LTD., KANPUR

In the result, the appeal of the Revenue is dismissed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2006-07 Asstt. Commissioner Of Vs. M/S Commercial Automobiles Pvt. Ltd., Income Tax-5, Kanpur 84/105, Kailash Motors Building, G.T. Road, Afim Kothi, Kanpur-208003 Pan: Aaccc4267E (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 04.11.2025 Date Of Pronouncement: 24.11.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Revenue Against The Orders Of The Ld. Cit (A)- 2, Kanpur Dated 25.09.2017, Wherein The Ld. Cit(A) Has Partly Allowed The Appeal Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 143(3) Of The Income Tax Act, 1961, For The A.Y. 2006-07 On 23.12.2008. The Grounds Of Appeal Are As Under:- “1. That The Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs. 5,32,366/- U/S 14A Without Taken Into Consideration That The Expenditure Incurred In Relation To Exempt Income. 02. That The Cit(A) Has Erred In Law & On Facts In Deleting The Addition Of Rs. 99,56,258/-Without Appreciating That The Provisions Of Sec. 50C Have Been Invoked By The Assessing Officer On The Basis Of Stamp Valuation Of The Property. The Assessee Has Not Claimed Before The Assessing Office To Make The Reference To The Valuation Officer U/S 55A Of It Act, 1961. 3 That The Cit(A) Has Erred In Law & On Facts Of The Case In Deleting The Addition Of Rs. 3,20,90,164/- On Account Of Loss Claimed On Sale Of Shares Without Appreciating That The Transaction As Claimed Were Sham & Was Incorporated Only To Evade The Capital Gain Earned On The Sale Of Properties. The Cit(A) Has Erred In Law & On The Facts Of The Case In Ignoring The Facts Noted By The Assessing Officer Regarding The Transaction Of Sale Of Shares.

disallowance of Rs. 4,20,46,422/-. Subsequently, he allowed deduction for unabsorbed depreciation of Rs. 3,13,97,298/- and worked out the net capital gain at Rs. 1,06,49,144/-. The ld. AO thereafter proceeded to compute the book profit under section 115JB of the Income Tax Act and found that the profit as per the consolidated

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

1,00,000/- being bonafide gift received from his father Shri Surya Narayan Pandey (PAN- BWPPP5138L)who is agriculturist and given such gift on the occasion of construction of residential house under construction and native place Gonda considering the supporting documents placed on record and genuineness of transaction. Issue No. 10 – AY 2021-22 Disallowance of claimed deduction

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

1,00,000/- being bonafide gift received from his father Shri Surya Narayan Pandey (PAN- BWPPP5138L)who is agriculturist and given such gift on the occasion of construction of residential house under construction and native place Gonda considering the supporting documents placed on record and genuineness of transaction. Issue No. 10 – AY 2021-22 Disallowance of claimed deduction

ACIT, CENTRAL CIRCLE-II, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA U.P.

In the result, the outcome of the appeals and Cross Objections are as under:

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

1,00,000/- being bonafide gift received from his father Shri Surya Narayan Pandey (PAN- BWPPP5138L)who is agriculturist and given such gift on the occasion of construction of residential house under construction and native place Gonda considering the supporting documents placed on record and genuineness of transaction. Issue No. 10 – AY 2021-22 Disallowance of claimed deduction

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT(CENTRAL)-2, LUCKNOW

section 29 and are deemed to have been taken\nconsideration while making such estimate.\"\n• Commissioner of Income-tax, Allahabad v. Target Construction Co.\nLtd.*[2015] 55 taxmann.com 294 (Allahabad)\nIT: Where in case of government contractor engaged in construction of roads\nbooks of account was rejected, Tribunal, relying upon profit rates of preceding\nthree years, was justified in estimating