KAMAL KANT 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

2. In this regard reliance has been placed on the statement of Sh. Madho Gopal Agarwal recorded on oath under section 132(4) of the Act on 3rd August, 2015 and letter dated 31st July, 2015 issued by Sh. Madho Gopal Agarwal. The case was centralised as per the orders passed under section 127 of the Act and a notice

SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

Housing Projects Ltd. ITA No.179/2011 HC of\nDelhi - Dt. of order 1.3.2012 343 ITR 329(Delhi)\nIn the present case, the findings recorded not gone into and has not given\nany by the Tribunal are correct as the CIT has reason for observing that\nthe order passed by the Assessing Officer was erroneous. The finding\nrecorded

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

house property\nsituated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO\nrejected the claim of assessee on following ground being details filed in ITR\nin AL schedule:-\ni. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda\nii. Balrampur\niii. Poly opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda\niv. 57, Laxmanpuri, Indira Nagar, Lucknow\n37\nIgnoring the submission of assessee

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

127/[2008] 167 Taxman 265 (Punj. &Har.)], it was observed that no further separate deduction is allowable as per Sections 29, 144 and 145 of the Act. Relevant portion of the judgment reads as under:— "Section 145 of the Income-tax Act, 1961 provides for computation of income under section 29 on the basis of books of account and methods

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

127/[2008] 167 Taxman 265 (Punj. &Har.)], it was observed that no further separate deduction is allowable as per Sections 29, 144 and 145 of the Act. Relevant portion of the judgment reads as under:— "Section 145 of the Income-tax Act, 1961 provides for computation of income under section 29 on the basis of books of account and methods

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

127/[2008] 167 Taxman 265 (Punj. &Har.)], it was observed that no further separate deduction is allowable as per Sections 29, 144 and 145 of the Act. Relevant portion of the judgment reads as under:— "Section 145 of the Income-tax Act, 1961 provides for computation of income under section 29 on the basis of books of account and methods

ALLIANCE NIRMAAN LIMITED,BAREILLY vs. PCIT, BAREILLY

In the result, the appeal of the assessee is allowed

127 Taxman 87\n(Mag.)(Chd.)(Tribunal)\n20.\nRatlam Coal Ash Co. vs. CIT 171 ITR 141 (MP)\n21.\nBagaria Vegetable Products Ltd. vs. JCIT [2008] 303 ITR (AT)\n278 (Pune)]\n22.\nSaw Pipes Ltd. vs. CIT [2005] 3 SOT 327 (Delhi)\n23.\nBrij Bhushan Agarwal vs. CIT (Agra) 2 SOT 811 (2005)\n24.\nCIT vs. Associated Food Products

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

In the result, appeal of the assessee is allowed

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 are annexed herewith

VIVEK DIXIT,KANPUR vs. ACIT-CC-2, KANPUR

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

127 of the Act dated 27-08-2019 passed by the\nPr. Commissioner of Income Tax, Aligarh.\nThe assessment for A.Y.2019-20 is to be completed compulsorily u/s\n143(3) of the Act. Return of income for A.Y.2019-20 was filed on 23-10-\n2019 at total income of Rs.15,29,020/-. Accordingly, notice u/s.143(2) of\nthe Act dated

JCIT(OSD), CC-1, LKO, LUCKNOW vs. ACP TOLLWAYS PRIVATE LIMITED, LUCKNOW

In the result, the appeal filed by Revenue is dismissed and the Cross\nObjection filed by the assessee is partly allowed

property to the exclusion of all others. The Hon'ble\nApex Court in the above mentioned judgement has further held that the\nvery concept of depreciation suggests that the tax benefit on account of\ndepreciation legitimately belongs to one who has invested in the capital\nasset, is utilizing the capital asset and thereby loosing gradually\ninvestment caused by wear

KASHI NATH SETH SARRAF PRIVATE LIMITED,HARDOI vs. ACIT, SITAPUR, SITAPUR

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

127 of the Income Tax Act, 1961 for\ntransferring of Jurisdiction from ITO Hardoi to ACIT Sitapur without which\nthe order passed u/s 143(3) is bad in law.\n\nPRAYER\nAccordingly, the aforesaid ground is purely a legal plea and deserves to be\nadmitted by this Hon'ble Tribunal in view of the decisions as stated below

MOHD. ASFAND AKHTAR,KANPUR vs. DEPUTI COMMISSIONER OF INCOME TAX CC-2, KANPUR

In the result, the appeal of Revenue in ITA

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

2. Nature of business and modus operendi of the companies from whom assesses had received unsecured loans. DDIT (Inv). Unit-2, Kolkata submitted its report vide letter dated 17.04.2018 stating threin that summons u/s 131 were issued to the above mentioned company but summons were returned unserved by the Postal Department. Further Inspector was also deputed to make enquiry

DY.COMMISSIONER OF INCOME TAX,CC-2,, KANPUR vs. SHRI.MOHAMMAD ASFAND AKHTAR, KANPUR

In the result, the appeal of Revenue in ITA

Bench: Shri Sudhanshu Srivastava & Shri Anadee Nath Misshraassessment Year: 2018-19 Dcit, Cc-2 V. Shri Mohammad Asfand Laxmi Niwas, 10/503, Akhtar Allenganj, Kanpur-208001. Plot No.02, Block-B, Scheme-39, Ram Rai Ki Sarai, Jajmau, Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Assessment Year: 2018-19 Shri Mohammad Asfand Akhtar V. Dcit, Central Circle-Ii Plot No.02, Block-B, Scheme-39, 10/503, Allenganj, Kanpur- Ram Rai Ki Sarai, Jajmau, 208001. Kanpur Nagar-208010. Tan/Pan: Aempa0823R (Appellant) (Respondent) Appellant By: Shri Ashish Jaiswal, Advocate Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

2. Nature of business and modus operendi of the companies from whom assesses had received unsecured loans. DDIT (Inv). Unit-2, Kolkata submitted its report vide letter dated 17.04.2018 stating threin that summons u/s 131 were issued to the above mentioned company but summons were returned unserved by the Postal Department. Further Inspector was also deputed to make enquiry