SHIMLA PROPERTIES,LUCKNOW vs. PR. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, the appeal filed by the assessee is allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2012-13 Shimla Properties V. The Pcit 30C, Datiya House Lucknow Khursheed Bagh Lucknow Tan/Pan:Ablfs9732M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Neeraj Kumar, Cit (Dr) Date Of Hearing: 16 08 2022 Date Of Pronouncement: 01 09 2022 O R D E R

House property, Short Term Capital Gains and Other Sources, as declared by the assessee. The ld. PCIT exercised the revisional jurisdiction under section 263 of the I.T. Act on those issues which were dealt with by the Assessing Officer in the original assessment order passed on 7.5.2013, and which issues did not form the subject-matter of the reassessment. This

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

19-20 & 22-23\nRakesh Kumar Pandey,\nS/o Shri Surya Narayan Pandey,\nVill-Devarda, Block-Belsar,\nGonda-271401\nPAN:ATIPP6520B\n(Appellant)\nVs.\nA.C.I.T.,\nCentral Circle-2,\nLucknow.\n(Respondent)\n\nI.T.A. Nos.398 & 399/Lkw/2025\n Assessment year:2015-16 & 16-17\n\nI.T.A. Nos.402& 405/Lkw/2025\n Assessment Years:2019-20 & 2022-23\nDy.C.I.T.,\nCentral Circle-2,\nLucknow.\n(Appellant

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

19-20 & 22-23 \nRakesh Kumar Pandey, \nS/o Shri Surya Narayan Pandey, \nVill-Devarda, Block-Belsar, \nGonda-271401 \nPAN:ATIPP6520B \n(Appellant) \nVs. \nA.C.I.T., \nCentral Circle-2, \nLucknow. \n(Respondent) \nI.T.A. Nos.398 & 399/Lkw/2025 \n Assessment year:2015-16 & 16-17 \nI.T.A. Nos.402& 405/Lkw/2025 \n Assessment Years:2019-20 & 2022-23 \nDy.C.I.T., \nCentral Circle-2, \nLucknow. \n(Appellant) \nVs. \nRakesh Kumar

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

19-20 & 22-23\nRakesh Kumar Pandey,\nS/o Shri Surya Narayan Pandey,\nVill-Devarda, Block-Belsar,\nGonda-271401\nPAN:ATIPP6520B\n(Appellant)\nVs. A.C.I.T.,\nCentral Circle-2,\nLucknow.\n(Respondent)\n\nI.T.A. Nos.398 & 399/Lkw/2025\n Assessment year:2015-16 & 16-17\n\nI.T.A. Nos.402& 405/Lkw/2025\n Assessment Years:2019-20 & 2022-23\nDy.C.I.T.,\nCentral Circle-2,\nLucknow.\n(Appellant

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

19. That the first appellate body -CIT A Faceless erred on facts even when it was apparent that the said transaction of the deposit and defraying from the Appellants bank account was for the purposes of purchasing a house property by Smt Geeta Awasthi from the seller Smt Seema Vij in Lucknow ITA No.400/LKW/2025 Page 14 of 26 where Bank

ASTT. COMMISIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

19. The Hon’ble Delhi High Court in the case of DIT v. Maruti Center for Excellence, [2012] 208 Taxman 236 (Delhi) has also held that the benefits of Section 11 of the Act cease even when the benefits are allowed directly or indirectly to the persons referred to in Section 13(1) read with Section

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 properties. In the assessment order of above said period the Ld. AO has not brought any single instance of incriminating material on the basis of which addition could have been made w.r.t. business income of assessee in support to justify increase profit percentile. In the assessment order the observation of the AO while estimating net profit @ 11% of Gross

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 properties. In the assessment order of above said period the Ld. AO has not brought any single instance of incriminating material on the basis of which addition could have been made w.r.t. business income of assessee in support to justify increase profit percentile. In the assessment order the observation of the AO while estimating net profit @ 11% of Gross

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 properties. In the assessment order of above said period the Ld. AO has not brought any single instance of incriminating material on the basis of which addition could have been made w.r.t. business income of assessee in support to justify increase profit percentile. In the assessment order the observation of the AO while estimating net profit @ 11% of Gross

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR., KANPUR vs. M/S. SUSHRUT INSTITUTE OF PLASTIC SURGERY PRIVATE LIMITED, LUCKNOW

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

19 of 28 preceding paragraph No.4.0, wherein total cash receipts for assessment years 2015-16 to 2019-20 have been tabulated as well as the cash deposited in bank account has also been tabulated. It is very much apparent that major receipts of the assessee were in cash in the past assessment years and also that the major portion

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

property, interest on differed or delayed payments, thus what was\nemerging was that the activity of the assessee was purely that of a commercial\norganization. Therefore, the ld. AO held that the surplus of the assessee was not\nincidental to its activities but was the desired outcome of its activities. He further\ncommented that the exemption enjoyed under section