REETA DEVI,BANNA MAU LALGANJ RAEBARELI vs. COMMISSIONER OF INCOME TAX(APPEALS) INCOME TAX DEPARTMENT, RAEBARELI

In the result, both the appeals are treated as allowed, for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

u/s. 69C of the Act. : Rs.8,41,179/- Total income determined : Rs.99,18,131/- ITA No.440 & 439/LKW/2024 Page 3 of 12 4. The AO also initiated penalty proceedings under section 271

REETA DEVI,BANNAMAU LALGANJ RAEBARELI vs. COMMISSIONER OF INCOME TAX (APPEALS) INCOME TAX DEPARTMENT, RAEBARELI

In the result, both the appeals are treated as allowed, for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

u/s. 69C of the Act. : Rs.8,41,179/- Total income determined : Rs.99,18,131/- ITA No.440 & 439/LKW/2024 Page 3 of 12 4. The AO also initiated penalty proceedings under section 271

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

u/s 148 of the Act on the basis of survey carried out on assessee. In these two years, there is no issue of commission on sales and the only issue involved in these two years, the addition made by the Assessing Officer on the basis of same statement, which has been recorded u/s 133A of the Act. During assessment year

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

u/s 148 of the Act on the basis of survey carried out on assessee. In these two years, there is no issue of commission on sales and the only issue involved in these two years, the addition made by the Assessing Officer on the basis of same statement, which has been recorded u/s 133A of the Act. During assessment year

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

69C of the Act on account of commission alleged to have been paid for obtaining the unsecured loans of Rs.2,24,00,000/-; and ITA Nos.271 to 273/LKW/2024 Page 4 of 16 (iii) Addition of Rs.12,72,887/ made u/s 37 of the Act on account of disallowance of claim of interest on unsecured loans. 12. BECAUSE on the facts

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

69C of the Act on account of commission alleged to have been paid for obtaining the unsecured loans of Rs.2,24,00,000/-; and ITA Nos.271 to 273/LKW/2024 Page 4 of 16 (iii) Addition of Rs.12,72,887/ made u/s 37 of the Act on account of disallowance of claim of interest on unsecured loans. 12. BECAUSE on the facts

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

69C of the Act on account of commission alleged to have been paid for obtaining the unsecured loans of Rs.2,24,00,000/-; and ITA Nos.271 to 273/LKW/2024 Page 4 of 16 (iii) Addition of Rs.12,72,887/ made u/s 37 of the Act on account of disallowance of claim of interest on unsecured loans. 12. BECAUSE on the facts

DY. COMMISSIONER OF INCOME TAX-6, KANPUR vs. M/S NARAIN INSTITUTE OF MANAGEMENT STUDIES PVT. LTD., KANPUR

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

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

u/s 69 of the Act. Ld. CIT(A) has totally ignored the fact that the balance sheet showing creditors of Rs.3,34,87,504/- is matched in totality. If the error is termed as typographical error, then the balance sheet can not be matched. Ld. CIT(A) has also ignored the fact that in tax audit report of the company

ASSTT. COMMISSIONER OF INCOME TAX, LUCKNOW vs. SHRI BHUPINDER SINGH TALWAR, LUCKNOW

In the result, the appeal of the assessee is partly allowed\nfor statistical purposes

penalty proceeding u/s 271(1)(c) is also\nbeing initiated separately.\n(2.1) The assessee filed appeal against the aforesaid assessment\norder vide impugned appellate order dated 17.11.2014, the Ld.\nCIT(A) deleted both the aforesaid additions. The relevant portion\nof the impugned appellate order dated 17.11.2014 of the Ld.\nCIT(A) is reproduced as under: -\n\"FINDING for ground