M/S U.P STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX-VI, KANPUR

In the result, both the appeals of the assessee is held to be partly allowed

d) Rs.9,66,47,048:\nin relation to premium payable by the allottees of Industrial Sheds/sites\naggregating Rs.11,75,75,706 and in upholding the liability of the appellant to that\nextent.\n7.2 BECAUSE none of the two sums as mentioned above can be treated as\n'chargeable interest' under section 2(5) of the Act read with the definition

PANKAJ AGARWAL,KANPUR vs. THE AO SPECIAL RANGE,, KANPUR

In the result, the appeal of the assessee is allowed

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Pankaj Agarwal, 7/151, Ratan Vs. The Assessing Officer, Majestic, Opp. Sony World, Special Range, Kanpur- Swaroop Nagar, Kanpur-208002 208001 Pan: Abnpa4816E (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 23.12.2025 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 Order Passed By The Ld. Cit(A), Nfac Dated 9.01.2024 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Ld. Ao, Special Range, Kanpur, Passed Under Section 143(3) On 26.09.2019. 2. It Is Seen From The Record That The Appeal Is Delayed By 2 Days. However, Since The Date Of Filing Is Preceded By Saturday & Sunday, Wherein The Offices Of The Itat Were Closed, The Delay Is Condoned & The Appeal Is Admitted For Hearing. The Grounds Of Appeal Are As Under: - “1. Because The Cit(A) Has Erred On Facts & In Law In Treating The Loss Of Rs.42,17,895/- Being Loss On Account Of Trading In Derivatives As A Capital Loss As Against Business Loss Claimed By The Assessee, Which Finding Of The Ao Being Contrary To Facts, Bad In Law, The Addition Made Be Deleted.

D E R PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the order passed by the ld. CIT(A), NFAC dated 9.01.2024 wherein the ld. CIT(A) has dismissed the appeal of the assessee against the orders of the ld. AO, Special Range, Kanpur, passed under section 143(3) on 26.09.2019. 2. It is seen

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

5. ITA No 351/LKW/2025 (A) AY 2018-19 6. ITA No 352/LKW/2025 (A) & 402/LKW/2025 (D) AY 2019-20 7. ITA No 608/LKW/2024 (D) & CO 28/LKW/2024 AY 2020-21 8. ITA No. 557/LKW/2024 (D) & CO 27/LKW/2024 AY 2021-22 9. ITA No 353/LKW/2025 (A) & 405/LKW/2025 (D) AY 2022-23 In above said pending appeals filed by Appellant and Revenue substantially issues

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

5. ITA No 351/LKW/2025 (A) AY 2018-19 6. ITA No 352/LKW/2025 (A) & 402/LKW/2025 (D) AY 2019-20 7. ITA No 608/LKW/2024 (D) & CO 28/LKW/2024 AY 2020-21 8. ITA No. 557/LKW/2024 (D) & CO 27/LKW/2024 AY 2021-22 9. ITA No 353/LKW/2025 (A) & 405/LKW/2025 (D) AY 2022-23 In above said pending appeals filed by Appellant and Revenue substantially issues

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

5. ITA No 351/LKW/2025 (A) AY 2018-19 6. ITA No 352/LKW/2025 (A) & 402/LKW/2025 (D) AY 2019-20 7. ITA No 608/LKW/2024 (D) & CO 28/LKW/2024 AY 2020-21 8. ITA No. 557/LKW/2024 (D) & CO 27/LKW/2024 AY 2021-22 9. ITA No 353/LKW/2025 (A) & 405/LKW/2025 (D) AY 2022-23 In above said pending appeals filed by Appellant and Revenue substantially issues

M/S. NARAIN PROPERTIES LIMITED,KANPUR vs. ACIT-VI, KANPUR

In the result, the appeal of the assessee

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Properties Ltd. 9. Synthetic Marble and Resin Ltd. 10. Vind nyawasani Glassware Ltd. It is appreciated that some of the best brains are behind creation of losses by internal sale and purchase of shares in one case or the other which is beyond reasoning from the view point of commercial expediency. Hon'ble Supreme Court in the landmark decision

DEPUTY COMMISSIONER OF INCOME TAX-6, LUCKNOW vs. M/S. U.P. STATE CONSTRUCTION & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, LUCKNOW

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

5. The Ld. CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition of Rs.9.03.170/-on account of supervision charges without appreciating the fact that the assessee has not explained the difference of 0.12% in supervision charges with documentary evidence. 6. That the Appellant crave leaves to add or amend any one or more

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)

5 of 28 2.5 Aggrieved, the assessee preferred an appeal before the ld. CIT(A), who partly allowed the appeal of the assessee by deleting the addition of Rs.16,82,01,789/- made under section 69A of the Act and confirmed the other two additions, viz., Rs.6,92,900/- made under section 69 of the Act and Rs.1

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

43,209/-, Ld.\nCIT(A) allowed the\nappeal against original\norder.\n23 \n2019-20\n68,80,79,147\n4,52,65,423\n6.58\n11%\n7%\n2020-21\n1,59,98,27,836\n10,07,00,526\n6.29\n11%\n7%\nAddition on extra profit\ndeleted.\n2021-22\n1,68,08,35,131\n17,03,38,176\n10.13\n11%\n10.13%\n2022

KASHMIRI LAL,KANPUR vs. ITO WARD-2(2), KANPUR

In the result, the appeal of the assessee stands allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2013-14 Kashmiri Lal V. The Ito 126/33, Block Q Ward 2(2) Govind Nagar Kanpur Kanpur Tan/Pan:Asarpl8577C (Appellant) (Respondent) Appellant By: None (Adjournment Application) Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 23 07 2024 Date Of Pronouncement: 30 08 2024 O R D E R

D E R This appeal has been preferred by the assessee against the order dated 20.2.2024, passed by the Addl./JCIT(A)-2, Coimbatore for Assessment Year 2013-14. 2. The brief facts of the case are that the assessee filed his return of income on 20.8.2013, declaring a total income of Rs.6,72,560/- which was processed under section

REKHA BAJPAI,LUCKNOW vs. NFAC, LUCKNOW

In the result, the appeal of the assessee stands allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2020-21 Rekha Bajpai V. Assessment Unit 551-Chh/122-A Income Tax Department New Sardari Khera National Faceless Alambagh, Lucknow Assessment Centre Tan/Pan:Aevpb7662Q (Appellant) (Respondent) Appellant By: None (Adjournment Application) Respondent By: Shri Sunil Kumar Rajwanshi, (Dr) Date Of Hearing: 05 12 2024 Date Of Pronouncement: 11 12 2024 O R D E R

D E R This appeal has been preferred by the assessee against the order dated 29.08.2024, passed by the ld. Commissioner of Income Tax (Appeal), National Faceless Appeal Centre (NFAC), Delhi for Assessment Year 2020-21. 2. The brief facts of the case are that the assessee is engaged in liquor business and she had e-filed her return

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

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 under section 153A of the Act was issued on 6th September, 2016, which was duly served. Upon receipt of notice

M/S STANDARD FROZEN FOODS EXPORTS PVT LTD,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-II, KANPUR

In the result, all the appeals are allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

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 under section 153A of the Act was issued on 6th September, 2016, which was duly served. Upon receipt of notice

SACHIN 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

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 under section 153A of the Act was issued on 6th September, 2016, which was duly served. Upon receipt of notice

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

5% expenses incurred for arranging such entry may not be added back to the income of the assessee. The assessee replied to this notice vide letter dated 21/02/2018, a copy of which is placed at page 51 of paper book and submitted that assessee had taken unsecured loan and copy of confirmation of account, ITR, bank statement and audited balance

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

5% expenses incurred for arranging such entry may not be added back to the income of the assessee. The assessee replied to this notice vide letter dated 21/02/2018, a copy of which is placed at page 51 of paper book and submitted that assessee had taken unsecured loan and copy of confirmation of account, ITR, bank statement and audited balance

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

43(1) New Delhi on 26 March 2025.\n\n16.\nITAT Delhi Bench in the case of Devendra Kumar Garg Delhi vs ACIT\nCircle 34(1) New Delhi on 26 December 2025.\n\n17.\nITAT Delhi Bench in the case of Hakam Fluid Power Pvt Ltd. New\nDelhi vs ITO Ward 11(1) New Delhi on 6 January