ACIT, CIRCLE 3, LUCKNOW, LUCKNOW vs. ANSHUMAN SINGH, LUCKNOW

In the result, the appeal of Revenue is allowed

section 144B of the Income Tax Act, 1961 was passed by the National Faceless Assessment Centre against which the appellant is under appeal.\n\nISSUES:\nRegarding addition of Rs.1,31,63,190/-\n\nGround No. 1,2,5,6 & 7 of appeal:\n\nGround No. 1:\nThat having regard to the facts and circumstances of the case

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, BAREILLY vs. WAVE DISTILLERIES AND BREWERIES LIMITED, BAREILLY

Appeals of the Department stand dismissed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudhary

144B of Act and the additions made therein are illegal and bad in law as the alleged escaped income is not the income of the appellant at and all and as such the allegation of escapement of income is incorrect and frivolous. The notice under section 148 of the Act and the assessment order dated 29.03.2022 are liable

BHAWANI DEVELOPERS,LUCKNOW vs. INCOME TAX OFFICER-4(1), LUCKNOW-NEW, LUCKNOW-NEW

Appeal is disposed of in accordance with the aforesaid\ndirections

section 144B of the Act cannot be constituted as the\nsolitary basis for the initiation of reassessment. Section 120 of the Act empowers

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

reassessment de hors sec 144B Apart from being contrary to the intent purpose and scope of section 149 and of section

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’)

reassessment framed under section 147 read with section 144B is bad in law, void ab initio and be quashed. 3. Because

MURLIDHAR LOHIA,KANPUR vs. INCOME TAX OFFICER, KANPUR

The appeal of the assessee stands partly allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2018-19 Murlidhar Lohia V. The Income Tax Officer 106, Anand Palace Ward 1(3)(1) Allengaj, Kanpur (U.P) Kanpur Tan/Pan:Akbpl3586F (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, 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 22.04.2025, Passed By The National Faceless Appeal Centre, Delhi (Nfac) For Assessment Year 2018-19. 2.0 The Brief Facts Of The Case Are That The Assessee Filed His Return Of Income For The Year Under Consideration On 16.08.2018, Declaring A Total Income Of Rs.5,42,050/-. 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 148 Of The Act, On The Basis Of The Information That The Assessee Had Received Cash Credit Of Rs.14,21,000/- During The Year Under Consideration. The Assessing Officer (Ao) Issued Statutory Notices To The Assessee, Requiring The Assessee To Furnish Details Of The Aforesaid Cash Credit With Documentary

144B of the Act, assessing the total income of the assessee at Rs.31,97,650/-. 2.1 The AO also initiated penalty proceedings under sections 272A(1)(d) and 271AAC(1) of the Act, separately. 2.2 Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee for the reason ITA No.418//LKW/2025 Page

ARCHANA GUPTA,LUCKNOW vs. ITO-6-1, LUCKNOW

In the result, the appeal of the assessee stands allowed

Bench: Shri Subhash Malguria & Shri Nikhil Choudhary

reassessment which is bad in law.” 2. The facts of the case, in brief, are that the assessee is an individual and proprietor of M/s Anu Agencies, carrying on business of distribution of recharge coupon, cash cards and SIM cards of TATA Docomo and Airtel, and trading of hand sets of Tata Docomo during the financial year

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.

144B was invalid. Therefore, on the strength of these judgments, the ld. AR submitted that the order under section 263 was deserving of being quashed. 4. On the other hand, Sh. R.K. Agarwal, CIT DR (hereinafter referred to as the ld. DR) submitted that the aforesaid case laws could not be applied to the facts of the assessee’s case

ASSISTANT COMMISSIONER OF INCOME TAX, LUCKNOW vs. SUDHANSHU TRIVEDI, LUCKNOW

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2015-16 The Acit V. Sudhanshu Trivedi Lucknow 21/1013, Sector 21 Indira Nagar, Lucknow (U.P) Tan/Pan:Ackpt4164G (Appellant) (Respondent) Appellant By: Shri Amit Singh Chouhan, D.R. Respondent By: S/Shri Rajat Jain & Akshat Jain, Cas O R D E R

reassessment proceedings initiated by the AO under section 147 of the Act. The Ld. First Appellate Authority passed a detailed order and after placing reliance on various judicial precedents, he held that the notice issued by the AO under section 148 of the Act dated 26.07.2022 was barred by limitation as per the provisions of section

SHASHI INFRA CONSTRUCTION PVT. LTD.,LUCKNOW vs. ITO, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 Shashi Infra V. The Constructions Pvt Ltd Addl/Joint/Deputy/Asstt/Income 328B, 5Th Lane Rajendra Tax Officer, Lucknow Nagar, Lucknow-226004. National Faceless Assessment Centre Delhi Tan/Pan:Aaucs5802M (Appellant) (Respondent) Appellant By: Shri Saurabh Gupta, C.A. Respondent By: Shri R. K. Agarwal, Cit(Dr) O R D E R

144B of the Act. The assessee’s appeal against the aforesaid assessment order was dismissed by the Ld. CIT(A) vide impugned appellate order dated 17.10.2023 of the Ld. CIT(A). The relevant portion of the impugned order of the Ld. CIT(A) is reproduced as under: - “3. Statement of Facts as submitted by the Appellant The appellant Company

INCOME TAX OFFICER 1(1)(1), KANPUR, KANPUR vs. AJAY KUMAR GUPTA, KANPUR

In the result, ITA No.427/LKW/2024 is allowed for statistical purposes while CO No

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Income Tax Officer-1(1)(1), Vs. Ajay Kumar Gupta, Kanpur, U.P. 51/92C, Naya Ganj, Kanpur Pan: Abkpg5651J (Appellant) (Respondent) C.O. No.26/Lkw/2024 In A.Y. 2017-18 Ajay Kumar Gupta, Vs. Income Tax Officer-1(1)(1), 51/92C, Naya Ganj, Kanpur Kanpur, U.P. Pan: Abkpg5651J (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 04.09.2025 Date Of Pronouncement: 25.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Appeal & Cross Objection Have Been Filed By The Revenue & The Assessee Respectively, Against The Orders Of The Ld. Cit, Nfac Passed Under Section 250 Of The Income Tax Act, 1961 On 10.05.2024, Wherein The Ld. Cit(A) Has Allowed The Appeal Of The Assessee Against The Orders Of The Ao Under Section 147 R.W.S. 144 Passed On 30.03.2022. The Grounds Of Appeal Are As Under:- “1. Ld. Commissioner Of Income Tax (Appeal) Has Erred In Law & On Facts In Accepting The Contention Of The Assessee That The Proceedings Made U/S 147 Is Not In Accordance With Law. 2. Ld. Commissioner Of Income Tax (Appeal) Has Erred In Law & On Facts In Deleting The Addition Made By The Ao On Account Of Unexplained Money U/S 69A Of Income Tax Act, 1961 Deposited During The F.Y.2016-17 Without Appreciating That The Ao Has 1 Co No.26/Lkw/2024 Ajay Kumar Gupta A.Y. 2017-18

144B of Income Tax Act, 1961 by the Assessing Officer be restored. 6. That the appellant craves leave to modify any of the grounds of appeal mentioned above and/or to add any fresh grounds as and when it is required to do so. 2. The grounds of appeal in Cross Objection are as under:- “1. That the L.D A.O Erred

RAJEEV KUMAR SEHGAL,LAKHIMPUR KHERI vs. ITO-3(4), LAKHIMPUR KHERI-2

The appeal of the assessee stands partly allowed

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2014-15 Rajeev Kumar Sehgal V. The Income Tax Officer 3(4) Punjab Colony Lakhimpur Kheri - 2 Lakhimpur Kheri Tan/Pan:Asbps5131M (Appellant) (Respondent) Appellant By: Shri Saurabh Gupta, C.A. Respondent By: Shri Sanjeev Krishna Sharma, D.R. O R D E R

144B of the Act, assessing the total income of the assessee at Rs.20,44,685/-. 2.1 Aggrieved, the Assessee preferred an appeal before the NFAC, which dismissed the appeal of the assessee on merits. 2.2 Now, the assessee has approached this Tribunal challenging the dismissal of his appeal by the NFAC by raising the following grounds of appeal: 1. That

ATUL KISHORE TRIVEDI,LUCKNOW vs. INCOME TAX OFFICER-4(1), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.13/Lkw/2025 ननिाारण वर्ा/ Assessment Year: 2014-15 Atul Kishore Trivedi V. Income Tax Officer -4(1) Sultanpur Road, Katra Bakkas, Income Tax Appellate Arjunganj, Lucknow-226002. Tribunal Building, Lucknow-226002. Pan:Aodpt5131L अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Shri Rohit Bhalla, C.A. प्रत्यर्थी कक और से /Respondent By: Shri Amit Kumar, Cit(Dr) सुनवाई कक तारीख / Date Of Hearing: 18 11 2025 घोर्णा कक तारीख/ Date Of 11 12 2025 Pronouncement: आदेश / O R D E R

section 144B of the ITA dtd 31.03.2022 has been set aside for fresh Page 2 of 4 reassessment vide appeal

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

reassessment order impugned in this appeal was liable to be quashed. 1.4 BECAUSE the re-assessment proceedings were initiated only with a view to verify the nature of receipt of Rs.1,25,00,000/- in the bank account of the assessee by way of transfer from the bank account of Shri Zafar Hasan Kazmi which narration does not constitute valid

OPG SONS PROPERTIES PVT. LTD.,SITAPUR vs. INCOME TAX OFFICER, SITAPUR

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

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

section 147 r.w.s. 144B of the Income Tax Act, 1961 for the A.Y. 2013-14 on 26.03.2022. The grounds of appeal are as under:- “1. Because the Notice issued u/s 148, the reasons as recorded and the material/ information as relied upon all being self-contradictory, contrary to facts, without verification, the re-assessment framed thereafter is all without jurisdiction

DEVENDRA PRATAP SINGH,KUMARGANJ FAIZABAD vs. ITO-1, FAIZABAD-NEW, FAIZABAD

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

Bench: SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

reassessment was initiated without reference to 1 A/w S.A. No.1/LKW/2025 Devendra Pratap Singh A.Y. 2017-18 CBDT Instruction No. 03/2017 dated 21.02.2017, which provides guidelines for verifying cash transactions during demonetization. 3. The Ld. Assessing Officer may not have fully reconciled the cash deposits with the appellant's financial statements, including the Profit & Loss Account and Audit Report, which were

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

section 149 of the Act. The assessment based on illegal proceedings initiated u/s 148 is liable to be quashed. 4. Because the assessment order passed by AO, after prior approval of Range Head dated 21.03.2024 (AY 2019-20 – 22.03.2024) is not accordance with law and peculiar facts of the case and ratio laid down by Hon’ble Courts. LdCIT

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

section 149 of the Act. The assessment based on illegal proceedings initiated u/s 148 is liable to be quashed. 4. Because the assessment order passed by AO, after prior approval of Range Head dated 21.03.2024 (AY 2019-20 – 22.03.2024) is not accordance with law and peculiar facts of the case and ratio laid down by Hon’ble Courts. LdCIT

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

section 149 of the Act. The assessment based on illegal proceedings initiated u/s 148 is liable to be quashed. 4. Because the assessment order passed by AO, after prior approval of Range Head dated 21.03.2024 (AY 2019-20 – 22.03.2024) is not accordance with law and peculiar facts of the case and ratio laid down by Hon’ble Courts. LdCIT