M/S. SAHARA CITY HOMES,BAREILLY vs. INCOME TAX OFFICER - 3(4), RANGE- 3, LUCKNOW

In the result, the appeals of the assessees are partly allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2012-13 M/S Sahara City Homes – Bareilly V. Ito-3(4) 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2472C (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Amritsar V. Ito-3(4) 2, Sahara India Centre Lucknow Tan/Pan:Abzfs4654E (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Kanpur(I) V. Acit 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2468Q (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Guwahati V. Acit 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2462E (Appellant) (Respondent)

housing projects and multi-storeyed buildings (residential/commercial/malls). It consists of ten partners. Eight of them are land owning companies (‘LOC’, for short) who brought in rights over the land owned by them. Mangalya Township Private Limited, the ninth partner, provided finance. The tenth partner, M/s Sahara Prime City Limited (‘SPCL’, for short) brought in rights over its land as well

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

house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO rejected the claim of assessee on following ground being details filed in ITR in AL schedule:- i. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda ii. Balrampur iii. Poly opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda iv. 57, Laxmanpuri, Indira Nagar, Lucknow Ignoring the submission of assessee and details

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

house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO rejected the claim of assessee on following ground being details filed in ITR in AL schedule:- i. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda ii. Balrampur iii. Poly opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda iv. 57, Laxmanpuri, Indira Nagar, Lucknow Ignoring the submission of assessee and details

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

house property situated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO rejected the claim of assessee on following ground being details filed in ITR in AL schedule:- i. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda ii. Balrampur iii. Poly opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda iv. 57, Laxmanpuri, Indira Nagar, Lucknow Ignoring the submission of assessee and details

SANTOSH KUMAR SHUKLA,LUCKNOW vs. ASSESSMENT UNIT, NFAC, NFAC

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Santosh Kumar Shukla V. The Assessment Unit 11A/141, Vrindavan Colony Nfac Lucknow (U.P) Tan/Pan:Bawps5372J (Appellant) (Respondent) Appellant By: Shri Shalabh Singh, Advocate Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 12.03.2025 Passed By The National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2015-16. 2. The Brief Facts Of The Case Are That The Assessee Was An Employee Of Planning Research & Action Division Of State Planning Institute, Since 1993. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148A(B) Of The Act, Vide Dated 16.03.2022 For The Reason That The Assessee Had Made Cash Deposits/Time Deposits In His Bank Account. In Response To Notice Under Section Under Section 148 Of The Act, The Assessee Filed His Return Of Income For The Year Under Consideration On 29.04.2022, Declaring A Total Income Of

reopening beyond three years, the income escaping assessment must be ₹50 lakh or more. The court indicated that the entire sale consideration of an asset should not be automatically considered as escaped income without accounting for the cost of acquisition. 2. Nitin Nema Vs Pr.CCIT (2023) 155 taxmann.com 276 (MP HC): This ruling similarly highlighted that for the extended period

SHRI NARESH KUMAR YADAV,LUCKNOW vs. INCOME TAX OFFICER- 1(5), LUCKNOW

In the result, the appeal of the assessee is allowed

Bench: Shri. A. D. Jainassessment Year: 2011-12 Shri Naresh Kumar Yadav V. Ito-1(5) Vill. & Post Madiyaon Lucknow Lucknow Tan/Pan:Aebpy8040D (Appellant) (Respondent) Appellant By: Shri Prashant Kumar Verma, Advocate Respondent By: Shri Harish Gidwani, D.R. Date Of Hearing: 12 07 2022 Date Of Pronouncement: 26 07 2022 O R D E R This Is Assessee’S Appeal Against The Order Of The Ld. Cit(A)-1, Lucknow, Dated 11.10.2019, For Assessment Year 2011- 12, Raising The Following Original Grounds Of Appeal: 1. Because, The Whole Assessment Order Impugned In The Present Appeal Stands Wholly Vitiated As There Can Be No Reason To Believe That Income Has Escaped Assessment U/S 147/144 On The Ground Of Mere Cash Deposits In The Bank Account Amounting To Rs.12,98,000/- Therefore, The Entire Assessment Proceedings Are Liable To Be Held As Nullity & Without Jurisdiction. 2. Because, The Assessment Order Impugned In The Present Appeal Stands Wholly Vitiated As There Can Be No Reason To Believe On The Basis Of Air Information That Income Has Escaped Assessment U/S 147/144 On The Ground Of Mere Cash Deposits In Bank Account Amounting Rs.12,98,000/-. Therefore, The Entire Assessment Proceedings Are Liable To Be Held As Nullity & Without Jurisdiction.

property, whereas in the present case, the issue relates to cash deposits in the Savings Bank account of the assessee. Likewise, as per the ld. Counsel for the assessee, in the case of ‘Smt. Billo vs. ITO’ (surpa), the reason for reopening recorded by the Assessing Officer is different, inasmuch as in the present case, the bank details, such

LATE HARISH BAHADUR KHARE THROUGH MRS. KAMLESH KHARE, ONE OF LEGAL HEIR,BARABANKI vs. INCOME TAX OFFICER-4(5), LUCKNOW

In the result, the appeal of the appellant is hereby allowed

Bench: Shri T.S. Kapoora.Y. 2008-09 Late Harish Bahadur Khare, Vs. Income Tax Officer, Through Mrs. Kamlesh Khare, Ward 4(5), Near Pioneer Inter College, Adarsh Barabanki. Nagar, Lakhperabagh, Lucknow. Pan: Axvpk1192K (Appellant) (Respondent)

property inherited by her from the deceased, which is Rs.2,110,.25 only. 8. That the appellant seeks permission to modify and/or add any other ground or grounds of appeal as the circumstances of the case might require or justify. 9. That the assessment, made by the learned assessing officer are arbitrary, bad in law and against equity, justice

NISHA FAZAL,GAUTAM BUDH NAGAR vs. ITO-4(3), KANPUR-01

In the result, appeal of the assessee is allowed

property situated at House No.\n170, Block – E, 2nd Scheme, Sujatganj, Kanpur Nagar, Sale amount\nof Rs.35,00,000/- instead of Rs.83,93,860/- (Market Value), dated\n30.01.2012, due to which that the Id. ITO-1(5), Kanpur has recorded\nthe reasons and issued notice u/s 148 after obtained approval of Id.\nPr. CIT-1, Kanpur. Copy of sale deed

SMT. NIRMALA NIGAM,KANPUR vs. INCOME TAX OFFICER-3(5), KANPUR

In the result, the appeal is allowed

Bench: Shri. A. D. Jainassessment Year: 2009-10 Smt. Nirmala Nigam V. Income Tax Officer 3(5) 104/102, P. Road Kanpur Kanpur Tan/Pan:Afcpn4993C (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri C. K. Singh, D.R. Date Of Hearing: 20 02 2019 Date Of Pronouncement: 22 02 2019

house property during F.Y. 2008-09 relevant to A.Y. 2009-10 for a consideration of Rs.21,50,000/- which is duly reflected in her Balance Sheet filed by the assessee for the year under consideration. Further, the assessee has purchased an immovable property amounting to Rs.65,57,000/- which is duly reflected in the ITS query in AST during

SHRI VINAY PRATAP SINGH,LUCKNOW vs. ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri A.D. Jain & Shri T.S. Kapoor

reopen the assessment on the basis of the photocopies of the seized material when the original documents were not with him, especially when the assessee had surrendered Rs. 50 lakhs under section 132 before the DDIT (Invt.), consequent to receipt of notice under section 15 SBC of the Act. 16. The Hon'ble Allahabad High Court held, inter alia, that

SHRI VINAY PRATAP SINGH,LUCKNOW vs. ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri A.D. Jain & Shri T.S. Kapoor

reopen the assessment on the basis of the photocopies of the seized material when the original documents were not with him, especially when the assessee had surrendered Rs. 50 lakhs under section 132 before the DDIT (Invt.), consequent to receipt of notice under section 15 SBC of the Act. 16. The Hon'ble Allahabad High Court held, inter alia, that

SHRI VINAY PRATAP SINGH,LUCKNOW vs. ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri A.D. Jain & Shri T.S. Kapoor

reopen the assessment on the basis of the photocopies of the seized material when the original documents were not with him, especially when the assessee had surrendered Rs. 50 lakhs under section 132 before the DDIT (Invt.), consequent to receipt of notice under section 15 SBC of the Act. 16. The Hon'ble Allahabad High Court held, inter alia, that

SHRI VINAY PRATAP SINGH,LUCKNOW vs. ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri A.D. Jain & Shri T.S. Kapoor

reopen the assessment on the basis of the photocopies of the seized material when the original documents were not with him, especially when the assessee had surrendered Rs. 50 lakhs under section 132 before the DDIT (Invt.), consequent to receipt of notice under section 15 SBC of the Act. 16. The Hon'ble Allahabad High Court held, inter alia, that

SHRI VINAY PRATAP SINGH,LUCKNOW vs. ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri A.D. Jain & Shri T.S. Kapoor

reopen the assessment on the basis of the photocopies of the seized material when the original documents were not with him, especially when the assessee had surrendered Rs. 50 lakhs under section 132 before the DDIT (Invt.), consequent to receipt of notice under section 15 SBC of the Act. 16. The Hon'ble Allahabad High Court held, inter alia, that

SHRI VINAY PRATAP SINGH,LUCKNOW vs. ASTT. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, all the appeals filed by the assessee are partly allowed

Bench: Shri A.D. Jain & Shri T.S. Kapoor

reopen the assessment on the basis of the photocopies of the seized material when the original documents were not with him, especially when the assessee had surrendered Rs. 50 lakhs under section 132 before the DDIT (Invt.), consequent to receipt of notice under section 15 SBC of the Act. 16. The Hon'ble Allahabad High Court held, inter alia, that

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

reopened u/s 147 of the Act and the Assessing Officer during reassessment proceedings had allowed exemption to the assessee u/s 11 of the Act. The findings recorded in the assessment order are reproduced below: “As per records assessee UTTAR PRADESH AWAS EVAM VIKAS PARISHAD (PAN: AAAJU0103A) was denied the exemption claimed u/s 11 of the I.T. Act, 1961 by invoking

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

reopened u/s 147 of the Act and the Assessing Officer during reassessment proceedings had allowed exemption to the assessee u/s 11 of the Act. The findings recorded in the assessment order are reproduced below: “As per records assessee UTTAR PRADESH AWAS EVAM VIKAS PARISHAD (PAN: AAAJU0103A) was denied the exemption claimed u/s 11 of the I.T. Act, 1961 by invoking

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

reopened u/s 147 of the Act and the Assessing Officer during reassessment proceedings had allowed exemption to the assessee u/s 11 of the Act. The findings recorded in the assessment order are reproduced below: “As per records assessee UTTAR PRADESH AWAS EVAM VIKAS PARISHAD (PAN: AAAJU0103A) was denied the exemption claimed u/s 11 of the I.T. Act, 1961 by invoking