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

Assessing Officer is too high when appellant has shown comparatively higher profit margin of 10.13% and 9.68% in subsequent years i.e. A.Y. 2021-22 and A.Y. 2022- 23 to cover up the deficiencies of unproved sundry creditors/remission of liabilities found during search proceeding. Therefore, I am of the considered view that it would be justified to apply net profit rate

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

Assessing Officer is too high when appellant has shown comparatively higher profit margin of 10.13% and 9.68% in subsequent years i.e. A.Y. 2021-22 and A.Y. 2022- 23 to cover up the deficiencies of unproved sundry creditors/remission of liabilities found during search proceeding. Therefore, I am of the considered view that it would be justified to apply net profit rate

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

Assessing Officer is too high when appellant has shown comparatively higher profit margin of 10.13% and 9.68% in subsequent years i.e. A.Y. 2021-22 and A.Y. 2022- 23 to cover up the deficiencies of unproved sundry creditors/remission of liabilities found during search proceeding. Therefore, I am of the considered view that it would be justified to apply net profit rate

SMT. UMA DEVI (DECEASED) THROUGH DEVENDRA KUMAR (SON),BAREILLY vs. INCOME TAX OFFICER-2(3), BAREILLY

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

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Year:2008-2009

reopened u/s 147 of the Act and assessment proceedings were completed ex-parte qua assessee as none of the notices, issued by the Assessing Officer, were received by the assessee. Learned counsel for the assessee submitted that the fact of having passed the order by the Assessing Officer came to the notice of the assessee only when the penalty order

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

assessment proceedings. We find that in the order dated 06/04/2022, in the case of the assessee itself for earlier years, similar findings of learned CIT(A) were upheld and the appeals filed by the Revenue were dismissed. For the sake of completeness, the detailed findings of the Tribunal contained in para 9 and 10 are reproduced below: 9. Now coming

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

assessment proceedings. We find that in the order dated 06/04/2022, in the case of the assessee itself for earlier years, similar findings of learned CIT(A) were upheld and the appeals filed by the Revenue were dismissed. For the sake of completeness, the detailed findings of the Tribunal contained in para 9 and 10 are reproduced below: 9. Now coming

M/S FIVE ROSES,KANPUR vs. J/DCIT-CC,, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

reopened on the ITA Nos.271 to 273/LKW/2024 Page 3 of 16 basis of change of opinion which is not permissible as per the law well settled consequently the Id. "CIT(A)" should have held the re- assessment order as illegal, bad in law and without jurisdiction. 8. BECAUSE the sanction for initiation of proceedings u/s

M/S FIVE ROSES,KANPUR vs. DY, CIT-CC-1, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

reopened on the ITA Nos.271 to 273/LKW/2024 Page 3 of 16 basis of change of opinion which is not permissible as per the law well settled consequently the Id. "CIT(A)" should have held the re- assessment order as illegal, bad in law and without jurisdiction. 8. BECAUSE the sanction for initiation of proceedings u/s

M/S FIVE ROSES,KANPUR vs. DY, CIT-CC-1, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

reopened on the ITA Nos.271 to 273/LKW/2024 Page 3 of 16 basis of change of opinion which is not permissible as per the law well settled consequently the Id. "CIT(A)" should have held the re- assessment order as illegal, bad in law and without jurisdiction. 8. BECAUSE the sanction for initiation of proceedings u/s

NISHA FAZAL,GAUTAM BUDH NAGAR vs. ITO-4(3), KANPUR-01

In the result, appeal of the assessee is allowed

penalty u/s 271(1)(b) of IT Act, 1961\npassed the order is clear cut violation of settled principle of law\nand against the principle of natural justice.\n6.\nBecause the Id. AO issued notice u/s 142(1) in the correct\naddress of the Appellant i.e. from Kanpur to Noida through\nspeed post and fixing the hearing date

SHRI DEVENDRA KUMAR SHAH,KANPUR vs. INCOME TAX OFFICER- 3(5), KANPUR

In the result, the appeal filed by the assessee is partly allowed

Bench: Shri T.S. Kapoorassessment Year 2013-14 Devendra Kumar Shah, Ito -3(5), Vs. Kanpur - 208001 701 Urvashi Apartment, 7/292, Tilak Nagar, Kapur - 208002 Pan – Abmps 9132J (Appellant) (Respondent)

u/s 143(2) by DCIT, Kanpur-2 beyond the statutory period of time is without jurisdiction and therefore, any order passed in consequence of such notice is also liable to be quashed. Therefore, we are in agreement with the argument of Ld. AR. Accordingly, additional grounds of appeal 5 to 8 are allowed. Since we have decided the legal issues

GAGAN PREET KAUR VIRDI,LUCKNOW vs. ITO-6(2), LUCKNOW-NEW

In the result, the appeal is partly allowed for statistical purposes and the Stay Application is dismissed as infructuous

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Assessing Officer to drop the penalty proceedings illegally and unjustifiably initiated u/s 271(1)(c) of the Act. 12. BECAUSE on the facts and circumstances the assessee is not liable for interest u/s 234B of the Act and consequently the ld. "CIT(A)" ought to have directed the ld. AO to delete the interest charged under this section. 13. BECAUSE

SANT HARAJINDAR SINGH,PILIBHIT vs. INCOME TAX OFFICERITO-2(4), PILIBHIT-1, PILIBHIT

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshrasant Harajindar Singh V. Income Tax Officer-2(4), Trilok Singh Santpipariya Pilibhit-1 Karam Puranpur, Pilibhit, Uttar Income Tax Office, Near Pradesh-262122. Lic Office, Awas Vikas Colony, Pilibhit, Uttar Pradesh-262001. Pan:Dlmps4218F (Appellant) (Respondent) Appellant By: None Respondent By: Shri Amit Singh Chauhan, Cit(Dr) Date Of Hearing: 04 08 2025 Date Of Pronouncement: 07 08 2025 O R D E R

271(1) (C) of the Act. 3. The learned income tax officer has erred in law and on facts in charging interest u/s-234A, 234B and 234C of the Act. 4. Appellant craves leave to add, amend, and modify any or all grounds of appeal. 5. Submission of appellant: During the appellate proceedings, appellant has made submissions, which are reproduced

GOPAL JI MISHRA,LUCKNOW vs. ITO-6(5), LUCKNOW

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

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2013-14 Gopal Ji Mishra V. The Income Tax Officer 6(5) K-1218, Ashiana Lucknow - New Kanpur Road, Lucknow Tan/Pan:Akjpm8317M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 18 03 2025 Date Of Pronouncement: 20 03 2025 O R D E R

reopened the assessment under section 147 of the Income Tax Act, 1961 (hereinafter called “the Act’) and issued notice under section 148 of the Act to the assessee. The AO also issued notice under ITA No.349/LKW/2024 Page 2 of 9 section 142(1) of the Act to the assessee. However, the assessee, in response to notice under section

M/S. BIG BROKERS HOUSE STOCK LIMITED,KANPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,C.C-II, KANPUR

In the result, both the appeals of the assessee are allowed

Bench: Shri A.D Jain & Shri T.S. Kapoor

reopening was specifically raised by the assessee before the ld. CIT(A) by way of Ground No.6, the ld. CIT(A) has erred in not deciding the same. For ready reference, these objections are reproduced hereunder: 6 6. On the other hand, the ld. DR has contended that the aforesaid objections were raised before AO as part of the assessee

M/S. BIG BROKERS HOUSE STOCK LIMITED,KANPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX,C.C-II, KANPUR

In the result, both the appeals of the assessee are allowed

Bench: Shri A.D Jain & Shri T.S. Kapoor

reopening was specifically raised by the assessee before the ld. CIT(A) by way of Ground No.6, the ld. CIT(A) has erred in not deciding the same. For ready reference, these objections are reproduced hereunder: 6 6. On the other hand, the ld. DR has contended that the aforesaid objections were raised before AO as part of the assessee

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

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

Bench: Shri A. D. Jain & Shri T. S. Kapoor

u/s 12A/12AA of the Act to the assessee. Thus, on this issue, we affirm the stand taken by the Id. first appellate authority. Page 48 of 242 (UP AWAS EVAM VIKAS PARISHAD) 12. It may thus be appreciated that the coordinate benches of the Hon'ble ITAT at Amritsar, Cochin, Indore and Allahabad hold the view that the activities

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

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

Bench: Shri A. D. Jain & Shri T. S. Kapoor

u/s 12A/12AA of the Act to the assessee. Thus, on this issue, we affirm the stand taken by the Id. first appellate authority. Page 48 of 242 (UP AWAS EVAM VIKAS PARISHAD) 12. It may thus be appreciated that the coordinate benches of the Hon'ble ITAT at Amritsar, Cochin, Indore and Allahabad hold the view that the activities

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

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

Bench: Shri A. D. Jain & Shri T. S. Kapoor

u/s 12A/12AA of the Act to the assessee. Thus, on this issue, we affirm the stand taken by the Id. first appellate authority. Page 48 of 242 (UP AWAS EVAM VIKAS PARISHAD) 12. It may thus be appreciated that the coordinate benches of the Hon'ble ITAT at Amritsar, Cochin, Indore and Allahabad hold the view that the activities