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\nI.T.A. No.608/Lkw/2024, A.Y. 2020-21 (Revenue’s Appeal) \n\n1. Whether on facts and circumstances of the case and in law, the CIT(A) erred in \ndeleting the addition of Rs.6,93,846/- on account

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\nI.T.A. No.608/Lkw/2024, A.Y. 2020-21 (Revenue’s Appeal)\n\n4. Whether on facts and circumstances of the case and in law, the CIT(A) erred in\ndeleting the addition of Rs.1,74,492/- on account

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

property was converted into freehold through registered deed on 24/10/2017. During the assessment proceeding of AY 2014-15, AO has referred the valuation of said property u/s 50C/142A in response to which Valuation Officer, Allahabad has estimated the FMV of lease property as on 04/10/2013 at Rs. 43,46,000/- against actual consideration of Rs. 31,45,000/- vide valuation

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

property was converted into freehold through registered deed on 24/10/2017. During the assessment proceeding of AY 2014-15, AO has referred the valuation of said property u/s 50C/142A in response to which Valuation Officer, Allahabad has estimated the FMV of lease property as on 04/10/2013 at Rs. 43,46,000/- against actual consideration of Rs. 31,45,000/- vide valuation

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

property was converted into freehold through registered deed on 24/10/2017. During the assessment proceeding of AY 2014-15, AO has referred the valuation of said property u/s 50C/142A in response to which Valuation Officer, Allahabad has estimated the FMV of lease property as on 04/10/2013 at Rs. 43,46,000/- against actual consideration of Rs. 31,45,000/- vide valuation

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

house property donated by \nviolation of provisions of section 54F of Income Tax Act, 1961. \nI.T.A. No.608/Lkw/2024, A.Y. 2020-21 (Revenue’s Appeal) \n4 \n1. Whether on facts and circumstances of the case and in law, the CIT(A) erred in \ndeleting the addition of Rs.93,05,097/- on account of applying NP rate @ 11% on \ntotal turnover, after rejecting

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

3. BECAUSE the "CIT(A)" has erred in law and on facts in upholding the addition of Rs. 16,75,288/- on the ground that the said amount was neither utilized for the purchase or the construction of new assets nor deposited in the Capital Gains Account. 4. BECAUSE on the facts and in the circumstances of the case

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

3)/2023-24/1063757561(1), dt31.03.2024 did not draw\nadverse inference on investment in above said property however on identical\n35\nfacts in AY 2020-21 & AY 2021-22, he made addition of Rs.174492/- and\nRs.749062/- which itself is below 10% of value estimated by VO in respective\nyears, which is against the facts of the case and related law. Further

DCIT, CENTRAL CIRCLE-2, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA UP

house property situated at\nLucknow without appreciating the fact that the assessee had owned property more than\n10 years, property other than giving new investment in the property suted at\nLucknow at the time of transfer of property that violates the provisions of section 54F\nof Income Tax Act, 1961.\nI.T.A. No.608/Lkw/2024, A.Y. 2020-21 (Revenue’s Appeal)\n1. Whether

KARUNESH KUMAR SHUKLA,LUCKNOW vs. INCOME TAX OFFICER-1(1), LUCKNOW

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

house property under section 54F of the Income Tax Act and the same was liable to be allowed. However, the ld. CIT(A) had not considered any of these issues and had dismissed the case of the assessee without assigning any reasons thereof. Accordingly, it was prayed that the matter should be restored back to the file of the lower

AYYUB JAFRI,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX-6, LUCKNOW

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

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

3 Ayyub Jafri A.Y. 2016-17 i. Cash deposit for demonetization period (9th November to 30th December) as reported as per SFT reporting ii. Large deduction claimed under section 54B/54C/54D/54E/54F/54G/54GA (Schedule – CG of ITR). 6. The ld. AO records that several notices were issued to the assessee to make compliance with regard to the reasons for the selection for scrutiny

SMT. SITA KHANDELWAL,BAREILLY vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, BAREILLY

In the result, the appeal of the assessee stands dismissed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

section 54F on the unutilized amount as the said amount has not been invested by the appellant in purchase/construction of new residential house till the due date of filing of return u/s 139(1) of the Act nor the same has been deposited by the appellant in Capital Gain Account with Bank as stipulated u/s 54F(4) before

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

3. Aggrieved, the assessee preferred an appeal before the ld. CIT(A). The Addl./JCIT(A)-2, Coimbatore partly allowed the appeal of the assessee, observing that “…..1/4th of the expenses (appellant’s share in the property) is allowed for the purpose of ITA No.293/LKW/2024 Page 2 of 5 deduction under section 54F. The Assessing Officer is directed to allow

AVNEEDRA SINGH RATHORE,KANPUR vs. ITO-1(1), KANPUR, KANPUR

In the result, the appeal of the assessee stands partly allowed

Bench: Shri T. S. Kapoor

section 151(2) of the Income Tax Act from the JCIT, the entire assessment are void-abinito and be quashed. 2. Because there being no reason to believe nor there being any material assessment proceeding initiated are bad in law and be quashed. 3. Because the AO as well as CIT(A) has failed to appreciate the fact