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

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

71 TTJ 343, the Calcutta Bench of the Tribunal followed Smt. Prabhavati S Shah's case (supra) to reject the technical objection of the revenue and held that CIT(A) could consider the necessary evidence in exercise of his powers under section 250(4) if ITA No.400/LKW/2025 Page 12 of 26 prima facie an information is necessary to examine

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

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

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)

71,99,707 10,70,40,500 2017-18 13,14,39,408 10,42,74,000 2018-19 11,44,49,581 10,30,34,000 Total 38,30,88,696 31,43,48,500 4.1 The Ld. A.R. submitted that the AO had made the impugned addition purely on the basis of presumption and that he had failed

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

properties, with regard to reserve price and price\nfetched, the ld. AO observed that the land had been sold to private builders/real\nestate developers and therefore, this activity went to show that the sales were not\nfor any charitable consideration, but rather the utility had been extended to those\npersons who could afford it. He also observed that the assessee

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

71,973\n28,50,48,173\n11%\n9.68%\nAddition on extra profit\ndeleted.\nThat during the course of search proceeding in statement recorded u/s \n132(4), dated 05/06.02.2022 assessee admitted following –\nThat percentage of net profit shown of M/s Alok Construction is \napproximately 6% of its turnover. However, usual profit shown by other \nbusiness entities of similar business is approximately

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

section 50C of the Act, I find no reason to interfere with the decision of the AO, which is as per law. Further even in this case, the appellant has in his submission made a cryptic reference to some purported lesser receipt of sale consideration, which are not as per his grounds nor are backed by any evidences

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

properties, with regard to reserve price and price\nfetched, the ld. AO observed that the land had been sold to private builders/real\nestate developers and therefore, this activity went to show that the sales were not\nfor any charitable consideration, but rather the utility had been extended to those\npersons who could afford it. He also observed that the assessee

LUCKNOW EDUCATIONAL AND SOCIAL WELFARE SOCIETY,LUCKNOW vs. ASSESSMENT UNIT, NFAC, DELHI

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

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2012-13 Shri Brahma Prakash Singh, Vs. Principal Commissioner Of 94, Vaishali Enclave, Sector-9, Indira Income Tax-2, Lucknow Nagar, Lucknow Pan: Ajmps4451L (Appellant) (Respondent) Assessee By: Sh. Dharmendra Kumar, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 28.08.2025 Date Of Pronouncement: 20.11.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Pcit-2, Lucknow Passed Under Section 263 Of The Income Tax Act On 14.03.2018. The Grounds Of Appeal Are As Under: - “1. That Revision Proceeding Initiated U/S 263 Of Income-Tax Act, 1961 By Learned Pr. Cit-2. Lucknow Is Illegal & Without Jurisdiction. 2. That Since Assessment Order Passed By The Ao Was Not Erroneous In So Far As It Is Prejudicial To The Interests Of The Revenue, Hence Revision Order Passed By Ld. Pr. Cit-2, Lucknow Is Illegal & Without Jurisdiction. 3. That Ld.Ao Had Examined The Issue & After Being Satisfied By The Documentary Evidences & Explanations Furnished By Appellant, Passed Assessment Order, Hence Revision Order, Cancelling The Assessment Order Is Illegal & Without Jurisdiction. 4. That Where An Order Passed By Ao Is Subject To An Appeal That Had Been Filed, Then Commissioner Cannot Invoke Power Under Section 263 In Such Matters, Which Are Agitated In Such Appeal. Since Issue Under Appeal Before Commissioner (Appeals) & Revision Order Passed Under Section 263 Is Same, Hence, Revision Order Passed By Commissioner Is Illegal & Without Jurisdiction. 5. That The Appellant Seeks Permission To Modify And/Or Add Any Other Ground Or Grounds Of Appeal As The Circumstances Of The Case Might Require Or Justify.”

71 documents in proof of the fact that the AO had raised all queries and the assessee had submitted responses to all the queries that have been raised. 4. However, the ld. PCIT was not convinced by the replies submitted by the assessee. He noted that initially the assessee had stated the investment had been made according to his receipt

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

71,75,436/- (excluding depreciation), as expenses\nin its income and expenditure account, the ld. AO asked the assessee to furnish\ncopies of bills and vouchers related to such expenses, but the assessee furnished\nonly the ledger accounts. Therefore, the ld. AO held, that as the genuineness of the\nexpenses could not be verified, leakages could not be ruled

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11 was also liable to be dismissed on account of inadequate application of receipts.\n\n3.2 In both assessment years, the ld. Assessing Officer observed that certain receipts under the head, “infrastructure Fund” (Schedule 9A), Vambay Scheme fund and revolving fund (Schedule 9B) had not been included in the income and expenditure accounts prepared for the year. He asked

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

properties, with regard to reserve price and price\nfetched, the ld. AO observed that the land had been sold to private builders/real\nestate developers and therefore, this activity went to show that the sales were not\nfor any charitable consideration, but rather the utility had been extended to those\npersons who could afford it. He also observed that the assessee

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

properties, with regard to reserve price and price\nfetched, the ld. AO observed that the land had been sold to private builders/real\nestate developers and therefore, this activity went to show that the sales were not\nfor any charitable consideration, but rather the utility had been extended to those\npersons who could afford it. He also observed that the assessee

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

properties, with regard to reserve price and price\nfetched, the ld. AO observed that the land had been sold to private builders/real\nestate developers and therefore, this activity went to show that the sales were not\nfor any charitable consideration, but rather the utility had been extended to those\npersons who could afford it. He also observed that the assessee

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.181 & 182/Lkw/2024 A.Ys.2017-18 & 2018-19 Rohilkhand Educational Vs. Dcit, Charitable Trust, Bareilly Central Circle, Bareilly Pan: Aaatr6902J (Appellant) (Respondent) Assesseeby: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 22.09.2025 O R D E R Per Bench: [ These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A)-3, Lucknow Dated 19.03.2024 & 22.03.2024, Passed Under Section 250 Of The Income Tax Act, 1961, For The A.Ys. 2017-18 & 2018-19, Dismissing The Appeals Of The Assessee Against Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “(1).That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Not Considering The Fact That In The Alleged Assessment Order, The Columns Of Name Of Assessee, Pan, Asst Year, Date Of Assessment & Section Under Which Passed, Are Blank. (2)That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Treating The Demand As Valid Which Was Not Computed On The Basis Of Orderthat May Not Be Termed To Be An Order Under Section 143(3). (3) That A Demand Of Tax As Computed In The Computation Sheet Is Without Jurisdiction Void-Ab-Inito & Is Liable To Be Annulled. (4) That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Confirming The Addition Of Rs. 736591857/-Comprising  Corpus Donation Aggregating To Rs 7,68,95,000/-, A.Ys. 2017-18 & 2018-19

71,75,436/- (excluding depreciation), as expenses in its income and expenditure account, the ld. AO asked the assessee to furnish copies of bills and vouchers related to such expenses, but the assessee furnished only the ledger accounts. Therefore, the ld. AO held, that as the genuineness of the expenses could not be verified, leakages could not be ruled

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

property; if the assessee had not\nattended to them in the charged and desperate atmosphere prevailing after\nannouncement of demonetization. He further submitted that some\ncustomers had made cash purchases exceeding Rs.2,00,000/-, making them\nliable for penalty u/s 271DA of the Act (for contravention of section 269ST\nof the Act), as pointed out by the learned D.R. from

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