M/S. BARROWS BLUE BELLS SCHOOL,BAHARAICH vs. THE I.T.O. (E), LUCKNOW

exemption\nu/s.10 of the Act, 1961.\n08. Because the CIT(A) has wrongly upheld the disallowance\nof depreciation amounting to Rs.5,40,871/-, disallowed by\nthe AO, the order of the CIT(A) is contrary to facts, bad in law\nand the same be deleted.\n2.6.2 GROUNDS IN ASSESSMENT YEAR 2014-15:\n1. Because the entire reassessment

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

reassessment proceedings under section 148 of the Act was that the exemption under section 10(33) of the Act, and which

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

reassessment proceedings under section 148 of the Act was that the exemption under section 10(33) of the Act, and which

VIMAL KUMAR BANKA,KANPUR vs. ITO WARD-1(2)(1), KANPUR

The appeal of the assessee is allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Vimal Kumar Banka V. The Ito 5/P/25, Dabauli Ward 1(2)(1) Kanpur Kanpur Tan/Pan:Afzb1801J (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sunil Kumar Rajwanshi, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 24.11.2023, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That As Per The Assessing Officer (Ao), The Assessee Had Not Filed The Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Sold An Immovable Property, Jointly Held With Mrs Kanchan Talwar, During The Year Under Consideration For A Consideration Of Rs.10,00,000/- & The Value Of The Same As Per The Stamp Valuation Authority Was Rs.23,15,000/-. The Assessing Officer (Ao), Therefore, Reopened The Case Of The Assessee Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’)

exemption claimed by the co-owner had been accepted by the Revenue, then the assessee would also be entitled for similar relief. The Ld. A.R. also drew my attention to the copy of reassessment

M/S. BARROWS BLUE BELLS SCHOOL,BAHARAICH vs. THE I.T.O. (E), LUCKNOW

Accordingly, the same are being dismissed as having become academic in nature

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

exemption u/s. 10 of the Act, 1961. 08. Because the CIT(A) has wrongly upheld the disallowance of depreciation amounting to Rs.5,40,871/-, disallowed by the AO, the order of the CIT(A) is contrary to facts, bad in law and the same be deleted. 2.6.2 GROUNDS IN ASSESSMENT YEAR 2014-15: 1. Because the entire reassessment

M/S. BARROWS BLUE BELLS SCHOOL,BAHARAICH vs. THE I.T.O. (E), LUCKNOW

Accordingly, the same are being dismissed as having become academic in nature

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

exemption u/s. 10 of the Act, 1961. 08. Because the CIT(A) has wrongly upheld the disallowance of depreciation amounting to Rs.5,40,871/-, disallowed by the AO, the order of the CIT(A) is contrary to facts, bad in law and the same be deleted. 2.6.2 GROUNDS IN ASSESSMENT YEAR 2014-15: 1. Because the entire reassessment

DHARAM CHAND AGARWAL,KANPUR (UTTAR PARDESH) vs. PRINCIPAL COMMISSIONER OF INCOME TAX, KANPUR- I

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

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2016-17 Dharam Chand Agarwal, Vs. Pr. Commissioner Of Income Tax, 14/75 D Gopal Vihar Civil Lines, Kanpur-I, U.P. Kanpur, U.P. Pan: Aanpa1942L (Appellant) (Respondent) Assessee By: Sh. P.K. Kapoor, C.A. Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 07.10.2025 Date Of Pronouncement: 31.12.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Pr. Cit, Kanpur-1 On 31.03.2024 Under Section 263 Of The Income Tax Act, 1961, Wherein The Ld. Pcit Has Set Aside The Order Passed By The Ld. Ao On 28.03.2022 Under Section 147 R.W.S. 144B For The A.Y. 2016-17 & Directing Him To Pass A Fresh Assessment Order. The Grounds Of Appeal Are As Under:- “1. Because The Assessment Order U/S 147 R.W.S 144 Dated 28.03.2022, Which Has Been Set Aside U/S 263 Of The Act By The Impugned Order Passed By Pr. Cit, Itself Was Illegal & Was Not Enforceable Due To Various Infirmities In The Initiation & Conclusion Of Re-Assessment Proceedings, The Same Could Not Have Been Subjected To Revision U/S 263 Of The Act & Consequently The Impugned Order Is Bad In Law & Wholly Without Jurisdiction. Without Prejudice To The Aforesaid 2. Because The Pr. Cit Has Erred In Law & On Facts In Holding That The Assessment Order Dated 28.03.2022 Passed By The Assessing Officer, Nfac U/S 147 R.W.S 144B Of The Act Is Erroneous In So Far As It Is Prejudicial To The Interest Of Revenue & In Setting Aside The Same By Exercising His Revisionary Jurisdiction U/S 263 Of The Act.

Exemption) vs. Monarch Educational Society (2017) 79 taxman.com 43 (Delhi), to mean that if item of escaped income on the basis of which reasons were recorded for issue of notice under section 148 was not added in the assessment, then addition in respect of, “other item of income” discovered during reassessment

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

exemption of LTCG available under the Act and therefore, while examining such evidences, surrounding circumstances also has to be taken into account in order to unravel the true nature of the transactions. 6. Whether on the facts and circumstances of the case and in law, the CIT(A) erred in ignoring the decision of the Hon hie High Court

ASSISTANT COMMISIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. MOHIT ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

exemption of LTCG available under the Act and therefore, while examining such evidences, surrounding circumstances also has to be taken into account in order to unravel the true nature of the transactions. 6. Whether on the facts and circumstances of the case and in law, the CIT(A) erred in ignoring the decision of the Hon hie High Court

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. ANKUR ANAND, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri Sudhanshu Srivastava & Shri Nikhil Choudharyit(Ss) A Nos.336 & 337/Lkw/2025 Assessment Years: 2014-15 & 2015-16 Acit, Central Circle, Bareilly Vs. Ankur Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Agppa4219C (Appellant) (Respondent) It(Ss)A No.334/Lkw/2025 Assessment Year:2015-16 Acit, Central Circle, Bareilly Vs. Mohit Anand Kamla Nehru Marg, Civil Lines, 148 Civil Lines, Bareilly, Bareilly, Bareilly-243001. Bareilly-243001. Tan/Pan:Abupa3002H (Appellant) (Respondent)

exemption of LTCG available under the Act and therefore, while examining such evidences, surrounding circumstances also has to be taken into account in order to unravel the true nature of the transactions. 6. Whether on the facts and circumstances of the case and in law, the CIT(A) erred in ignoring the decision of the Hon hie High Court

ACIT, RANGE-I, LUCKNOW vs. M/S APCO INFRATECH PVT. LTD.,, LUCKNOW

exempt income and\nrelied\non Principal\nCommissioner of Income-tax v.\nGVK Project and Technical\nServices Ltd. [2019] 106\ntaxmann.com 181 (SC),\nCheminvest Ltd. v. CIT [2015]\n61 taxmann.com 118/234\nTaxman 761/378 ITR 33\n(Delhi), Dy. Commissioner Of\nIncome Tax v. M/S U.P Power\nCorp. Ltd., Lucknow, ITA\nNo.152/LKW/2017, dated 4th\nOctober, 2019, CIT Vs M/S\nShivam Motors

M/S. APCO INFRATECH PVT. LTD.,,LUCKNOW vs. ACIT-I, LUCKNOW

In the result, appeals vide I

exempt income and\nrelied\non\nPrincipal\nCommissioner of Income-tax v.\nGVK Project and Technical\nServices Ltd. [2019] 106\ntaxmann.com 181 (SC),\nCheminvest Ltd. v. CIT [2015]\n61 taxmann.com 118/234\nTaxman 761/378 ITR 33\n(Delhi), Dy. Commissioner Of\nIncome Tax v. M/S U.P Power\nCorp. Ltd., Lucknow, ITA\nNo.152/LKW/2017, dated 4th\nOctober, 2019, CIT Vs M/S\nShivam Motors

ACIT, RANGE-I, LUCKNOW vs. M/S APCO INFRATECH PVT. LTD., LUCKNOW

exempt income and\nrelied\non\nPrincipal\nCommissioner of Income-tax v.\nGVK Project and Technical\nServices Ltd. [2019] 106\ntaxmann.com 181 (SC),\nCheminvest Ltd. v. CIT [2015]\n61 taxmann.com 118/234\nTaxman 761/378 ITR 33\n(Delhi), Dy. Commissioner Of\nIncome Tax v. M/S U.P Power\nCorp. Ltd., Lucknow, ITA\nNo.152/LKW/2017, dated 4th\nOctober, 2019, CIT Vs M/S\nShivam Motors

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

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

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

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

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

reassess taking into consideration the other material in respect of completed assessments/unabated assessments. Meaning thereby, in respect of completed/unabated assessments, no addition can be made by the AO in absence of any incriminating material found during the course of search under section 132 or requisition under section 132A of the Act, 1961. However, the completed/unabated assessments can be re-opened

SHIV ASREY SINGH,KANPUR vs. DY.CIT-2, KANPUR

The appeal of the assessee stands partly allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Shiv Asrey Singh V. The Dcit-2 Sb-17, Sbi Colony Kanpur Ratanlal Nagar Kanpur Tan/Pan:Aizps6999M (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R

exemption under section 10(38) of the Act and treated the same as assessee’s own money introduced by him through various ITA No.579/LKW/2024 Page 3 of 10 channels. The AO was of the opinion that while arranging the alleged accommodation entries, assessee might have paid commission @ 2.5%, which came to Rs.67,391/-. He, accordingly, added the amount of alleged

RAGHAV AGARWAL (HUF),KANPUR vs. ITO WARD 1(1)(3), KANPUR

In the result, the appeal of the assessee is dismissed as withdrawn

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraraghav Agarwal (Huf) The Income Tax Officer V. 563, Muir Road, Cantt., Ward-1(1)(3) Kanpur-208004. Aayakar Bhawan, 16/69, Civil Lines, Kanpur- 208001. Pan:Aanhr2365C (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Adv Respondent By: Shri. Sanjeev Krishna Sharma, Addl Cit(Dr) Date Of Hearing: 22 01 2025 Date Of Pronouncement: 06 02 2025 O R D E R

reassessment void-ab-initio, bad in law, the Same be quashed. Page 2 of 3 4. Because the entire re-opening of assessment is based on borrowed satisfaction, applying incorrect provisions of law, without making any independent enquiry which the AO himself has admitted in the reasons recorded, putting the cart before the horse, reopening on such borrowed satisfaction without