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

house property situated at \nLucknow at the time of transfer of property that violates the provisions of section 54F \nof Income Tax Act, 1961. \n\n6. Whether on facts and circumstances of the case and in law, the CIT(A) erred in \ndeleting the addition of Rs.1,00,000/- in respect of gift received from father Shri \nSurya Narayan Pandey

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

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 Statement wherein on the same day the same said Amount was found as debit and credit entry was ignored through a highly opinionated statement vide page 23 of the Assessment order "it is pertinent to mention here that

SHRI KINGSHUK GHOSHAL,LUCKNOW vs. INCOME TAX OFFICER-6(5), LUCKNOW

The appeal of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shri Kinghshuk Ghoshal V. The Ito 6(5) E-402, Halwasiya Utsav Enclave Lucknow Opposite Hal, Faizabad Road Lucknow Tan/Pan:Affpg3258L (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 26.12.2017, Passed By The Learned Commissioner Of Income Tax (Appeal), Lucknow-3 (Ld. Cit(A)) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 29.11.2012, Declaring A Total Income Of Rs.1,05,233/-. The Case Of The Assessee Was Selected For Scrutiny Under Cass. During The Course Of Assessment Proceedings, The Assessing Officer (Ao) Noticed That The Assessee Was Earning Interest Income From Saving Bank Deposits & Fdrs & That The Assessee Had Claimed Exemption Of Rs.71,54,619/- Under Section 54 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’). During The

house) within the time limit allowed u/s 139(4) of the Act and consequently the claim of deduction did not get deleted merely on the ground that amount was not deposited in Capital Gains Account within the time limit u/s 139(1). 8. BECAUSE various case laws relied upon by the "appellant" was fully supported the case of the "appellant

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

26,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit Saran and Shri.Shresh Saran on 02/02/2015. The said property was in continuation of property transaction held with same seller in AY 2014-15, where advance are given for adjacent of property of same Gata. However whole advance given in FY 2009-10 was absorbed in property acquired

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

26,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit Saran and Shri.Shresh Saran on 02/02/2015. The said property was in continuation of property transaction held with same seller in AY 2014-15, where advance are given for adjacent of property of same Gata. However whole advance given in FY 2009-10 was absorbed in property acquired

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

26,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit Saran and Shri.Shresh Saran on 02/02/2015. The said property was in continuation of property transaction held with same seller in AY 2014-15, where advance are given for adjacent of property of same Gata. However whole advance given in FY 2009-10 was absorbed in property acquired

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

26,40,652/-.\n4.) Appellant craves leave to add or amend the ground of appeal, as stated above as\nand when need of doing so arises with the prior permission of the Hon'ble Bench.\nITA No.533/LKW/2014\n“1.1) 1.1) The Ld. CIT (A) has erred in law and on facts of the case in directing the A.O.\nto compute

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

26. Finally, in his orders for the A.Ys. 2017-18 and 2018-19, the ld. CIT(A) dealt with the claim of depreciation claimed by the assessee and disallowed by the ld. AO in accordance with the provisions of section 11(6) of the Act. The ld. CIT observed that as the exemption under section 11 had been disallowed

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)

house property submitted by the assessee and instead adopting a sum as the valuation of the property by calling for a report of the District Valuation Officer? The learned Madras High Court held that in the absence of the Tribunal recording that the books of account maintained by the assessee are not credible, it would not be open to call

SHYAM SUNDER GUPTA,KANPUR vs. DY. COMMISSIONER OF INCOME TAX-1, KANPUR

In the result, the appeal of the assessee is dismissed

House Property and other source income. The business activities\ncarried out by the assessee remained identical as to those in several\npreceding year and were operated and controlled from the following\nplaces;\n(a) 74/02, Collectorganj. (Office)\n(b) J-9, Site-3, Panki Industrial Area, Kanpur (Godown)\nFollowing grounds have been raised:-\n1. That the assessment famed u/s.143

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

26,000/- from Smt. Pushplata Saran, Shri. Saurabh Saran, Shri. Shobhit\nSaran and Shri.Shresh Saran on 02/02/2015. The said property was in\ncontinuation of property transaction held with same seller in AY 2014-15, where\nadvance are given for adjacent of property of same Gata. However whole\nadvance given in FY 2009-10 was absorbed in property acquired

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

26,40,652/-.\n4.) Appellant craves leave to add or amend the ground of appeal, as stated above as\nand when need of doing so arises with the prior permission of the Hon'ble Bench.\n\nITA No.533/LKW/2014\n\n“1.1) 1.1) The Ld. CIT (A) has erred in law and on facts of the case in directing

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

26,884/-. 7. That the learned Commissioner of Income Tax (Appeals) NFAC, Delhi has failed to appreciate the documentary evidences and details placed by the appellant on record. 8. That on the facts and circumstances of the case, the Order passed by the learned Commissioner of Income Tax, (Appeals) NFAC was passed without providing proper opportunity to the appellant, which

M/S AYODHYA FAIZABAD DEVELOPEMENT AUTHORITY,FAIZABAD vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

26 & 27/LKW/2018 \nA.Ys.2012-13, 2014-15 & 2015-16 \nAyodhya Development Authority, Civil \nLines, Faizabad (formerly Ayodhya \nFaizabad Development Authority), U.P. \nVs. DCIT (Exemption), \nCircle- Lucknow \nPAN:AAALA0206C \n(Appellant) (Respondent) \nAssessee by: Ms. Shweta Mittal, C.A. & Sh Mradul Agarwal \nC.A. \nRevenue by: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram, CIT \n(DR) \nDate of hearing: 29.11.2024 \nDate of pronouncement

M/S AYODHYA DEVELOPMENT AUTHORITY (FORMELY AYODHYA FAIZABAD DEVELOPMENT AUTHORITY),LUCKNOW vs. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW, LUCKNOW

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

properties. \nBesides these, provisions are made for economically weaker section of society for \ncommercial area as certain percentage has to be made available for local shops and \nshops for barber, vegetable vendor etc. which are disposed-off through lottery \nsystem. It is this leftover part from 5% of saleable area that is sold though auction. \nFurthermore, the disposal of residential

M/S AYODHYA FAIZABAD DEVELOPEMENT AUTHORITY,FAIZABAD vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

26 & 27/LKW/2018 \nA.Ys.2012-13, 2014-15 & 2015-16 \nAyodhya Development Authority, Civil \nLines, Faizabad (formerly Ayodhya \nFaizabad Development Authority), U.P. \nVs. DCIT (Exemption), \nCircle- Lucknow \nPAN:AAALA0206C \n(Appellant) (Respondent) \nAssessee by: Ms. Shweta Mittal, C.A. & Sh Mradul Agarwal \nC.A.\nRevenue by: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram, CIT \n(DR)\nDate of hearing: 29.11.2024 \nDate of pronouncement

MORADABAD DEVELOPMENT AUTHORITY,MORADABAD vs. DY. CIT(EXEMPTION), LUCKNOW

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

section 2(15) and the various case laws on the subject, which again were outside the purview of jurisdiction under section 154 and his own powers under section 250. 23. It may not be out of place to mention at this stage, that the Hon’ble Lucknow Bench of the ITAT has dealt with this issue (of violation of section

MORADABAD DEVELOPMENT AUTHORITY,MORADABAD vs. DCIT(EXEMPTION), LUCKNOW

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

section 2(15) and the various case laws on the subject, which again were outside the purview of jurisdiction under section 154 and his own powers under section 250. 23. It may not be out of place to mention at this stage, that the Hon’ble Lucknow Bench of the ITAT has dealt with this issue (of violation of section

MORADABAD DEVELOPMENT AUTHORITY,MORADABAD vs. DCIT(EXEMPTION), LUCKNOW

In the result, ITA No. 1071/Del/2020, ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.273,199/Lkw/2019 A.Ys. 2014-15 & 2015-16 Dy. Commissioner Of Income Tax Vs. M/S Moradabad Development (Exemption), Lucknow Authority, Kanth Road, Moradabad Pan:Aajfm7731M (Appellant) (Respondent)

section 2(15) and the various case laws on the subject, which again were outside the purview of jurisdiction under section 154 and his own powers under section 250. 23. It may not be out of place to mention at this stage, that the Hon’ble Lucknow Bench of the ITAT has dealt with this issue (of violation of section