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

21. In the case of CIT v. Gian Chand Labour Contractors [2009] 316 ITR 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

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

21. In the case of CIT v. Gian Chand Labour Contractors [2009] 316 ITR 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

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

21. In the case of CIT v. Gian Chand Labour Contractors [2009] 316 ITR 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

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

Section 2(15) of the Act. 17. Powers and functions of the Respondent: - The Uttar Pradesh Avas Evam Vikas Parishad Adhiniyam, i. 1965 (“Regulation”), brought into existence the Respondent. Clause 15 of the Regulation defines the functions of this board, and the primary functions are to frame and execute housing schemes, to plan and coordinate various housing activities, to manage

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

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)

21 of 28 rejecting the books of account. In the present case before us, admittedly, the books of account were not rejected by the AO. Therefore, given the law laid down by the Hon'ble Apex Court in the case of Sargam Cinema vs. CIT (supra), the AO could not have proceeded to adopt the value as per the report

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

housing plots through which the Revenue was being generated by the assessee was exactly the same to that adopted by any other builder or colonizer. The assessee could not be held to be charitable because of interest charged by it on delayed payments and it was further observed that it was not as though the same property was being sold

M/S K G CONSTRUCTION,LUCKNOW vs. DCIT-CC-1, LUCKNOW

In the result, the appeal is partly allowed

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

House, Faizabad Road, Central Circle-1, Lucknow Lucknow, Uttar Pradesh-226016 PAN: AAKFK4805B (Appellant) (Respondent) Assessee by: Sh. P.K. Kapoor, C.A. Revenue by: Sh. Vachaspati, CIT DR Date of hearing: 06.01.2026 Date of pronouncement: 27.02.2026 O R D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders

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

21. In the case of CIT v. Gian Chand Labour Contractors [2009] 316 ITR\n127/[2008] 167 Taxman 265 (Punj. &Har.)], it was observed that no further\nseparate deduction is allowable as per Sections 29, 144 and 145 of the Act.\nRelevant portion of the judgment reads as under:—\n\"Section 145 of the Income-tax Act, 1961 provides

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

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

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

house property,\nbusiness & profession from M/s Sagar Medical Store: besides income from\nother sources in the form of interest. On total turnover of Rs2,27,99,128/-\ngross profit of Rs.18,90,924/- has been disclosed giving a GP rate of\n8.29%.\nDuring the year under consideration, the assessee raised unsecured loans\nof Rs,5,00,000/- each from Shri