DCIT, RANGE-3, LUCKNOW vs. M/S WELLDONE INFRASTRUCTURE PVT. LTD., LUCKNOW

In the result, the appeal of the Revenue is dismissed

Bench: Sh.Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.2017-18 Dy. Commissioner Of Income Tax, Vs. M/S Welldone Infrastructure Range-3, Lucknow Private Limited, Lucknow Pan:Aaacw6354Q (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Advocate Revenue By: Sh. Amit Singh Chauhan, Addl (Cit) & Sh. Sunil Kumar Rajwanshi, Addl Cit (Dr) Date Of Hearing: 10.02.2025 Date Of Pronouncement: 22.04.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A)-2, Lucknow Under Section 250 Of The Income Tax Act, 1961 Allowing The Appeal Of The Assessee Against The Order Passed By The Ld. Ao Under Section 143(3) On 19.12.2019. The Grounds Of Appeal Are As Under:- “1. That The Ld. Cit(A)-2, Lucknow Has Erred In Law & On Facts In Deleting The Addition Of Rs.2,26,72,571/- Without Appreciate The Fact That The Assessee Is Involved In The Business Of Developing Properties & Selling It & Is Earning Rental Income Which Is Incidental To The "Revenue From Business Operations" Of The Assessee. 2. Ld. Cit(A) Had Erred In Law & On Facts Ignoring The Fact That The Assessee, While Filing Original Return Of Income Had Itself Considered That Rental Are In The Nature Of Revenue From Business Operations.

Section 23(5) of the I.T. Act provides no difference in Residential and commercial properties and incomes from both type of properties are taxed as Income from House property. (Pl refer page 4 of the CIT-A Order) (Pl refer page 4 of the CIT-A Order) 8 A.Y. 2017-17 M/s Welldone Infrastructure Pvt. Ltd. D Before

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

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)

VII of paragraph 9.1 recorded the fact of the U.P. Government order dated 17.12.1999 regarding the reservation of 2% for employees of development authorities in respect to the allotment of residential and commercial properties and the fact that the ld. AO had recorded his satisfaction that the employees of the development authorities also included persons specified in 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)

VII of paragraph 9.1 recorded the fact of the U.P. Government order dated 17.12.1999 regarding the reservation of 2% for employees of development authorities in respect to the allotment of residential and commercial properties and the fact that the ld. AO had recorded his satisfaction that the employees of the development authorities also included persons specified in section

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)

VII of paragraph 9.1 recorded the fact of the U.P. Government order dated 17.12.1999 regarding the reservation of 2% for employees of development authorities in respect to the allotment of residential and commercial properties and the fact that the ld. AO had recorded his satisfaction that the employees of the development authorities also included persons specified in 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)

VII of paragraph 9.1 recorded the fact of the U.P. Government order dated 17.12.1999 regarding the reservation of 2% for employees of development authorities in respect to the allotment of residential and commercial properties and the fact that the ld. AO had recorded his satisfaction that the employees of the development authorities also included persons specified in section

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

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

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

56(2)(vii)(b) of the Act, without appreciating that the \nassessee had owned property more than three houses prior to the new \ninvestment in house property donated by violation of provisions of section

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

2. In this regard reliance has been placed on the statement of Sh. Madho Gopal Agarwal recorded on oath under 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

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

2. In this regard reliance has been placed on the statement of Sh. Madho Gopal Agarwal recorded on oath under 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

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

2. In this regard reliance has been placed on the statement of Sh. Madho Gopal Agarwal recorded on oath under 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

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

house property\nsituated at 57, Laxmanpuri, Indira Nagar, Lucknow. However, Ld. AO\nrejected the claim of assessee on following ground being details filed in ITR\nin AL schedule:-\ni. opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda\nii. Balrampur\niii. Poly opp. VikasBhawan, Pant Nagar, Civil Lines, Gonda\niv. 57, Laxmanpuri, Indira Nagar, Lucknow\n37\nIgnoring the submission of assessee

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

56(2)(vii)(b) may kindly be deleted. Issue No. 3 – AY 2015-16 Ld. CIT(A)-3 sustained the addition Rs. 4738700/- (Rs. 7738700- 3000000) That assessee has acquired lease hold plot measuring at 1279.06 sqm. situated at Khata no. 192/2,Gata no. 447/2, (Part) Civil line, Gonda for consideration of Rs. 30,00,000/- against value for stamp

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

56(2)(vii)(b) may kindly be deleted. Issue No. 3 – AY 2015-16 Ld. CIT(A)-3 sustained the addition Rs. 4738700/- (Rs. 7738700- 3000000) That assessee has acquired lease hold plot measuring at 1279.06 sqm. situated at Khata no. 192/2,Gata no. 447/2, (Part) Civil line, Gonda for consideration of Rs. 30,00,000/- against value for stamp

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

56(2)(vii)(b) may kindly be deleted. Issue No. 3 – AY 2015-16 Ld. CIT(A)-3 sustained the addition Rs. 4738700/- (Rs. 7738700- 3000000) That assessee has acquired lease hold plot measuring at 1279.06 sqm. situated at Khata no. 192/2,Gata no. 447/2, (Part) Civil line, Gonda for consideration of Rs. 30,00,000/- against value for stamp

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

house under construction and native place Gonda\nconsidering the supporting documents placed on record and genuineness of\ntransaction.\n9. Whether on facts and circumstances of the case and in law, the CIT(A) erred in\ndeleting the addition of Rs.68,98,817/- claimed deduction u/s 54F of the Act – Rs.\n68,98,817/-.\n10. Whether on facts and circumstances

ALLIANCE NIRMAAN LIMITED,BAREILLY vs. PCIT, BAREILLY

In the result, the appeal of the assessee is allowed

2) to section 36(1)(vii); payment towards\ncontribution to gratuity fund and deduction claimed u/s 43B, amount paid to RBI towards\npenalty for violation of KYC norms and deduction claimed towards provision for wage arrears.\nAccording to PCIT, AO had not conducted required enquiries to be conducted under respective\nprovisions of the Act, which rendered the assessment order erroneous

ANKITA BHARTIA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, KANPUR

In the result, the appeal of the assessee stands allowed

Bench: Shri Anadee Nath Misshra

house property and income from other sources. During the course of search in the case of another assessee, a valuation report related to the assessee was found, wherein the jewellery possessed by the assessee was found and the valuation of the jewellery was determined at Rs.15,95,965/-. In response to noticed u/s 148 of the Act, the assessee filed