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

23. Copy tabular chart containing details of share application in the case of Standard Agro Vet Pvt. Ltd. along with supporting documents 24. Copy of Form No. PAS-3 return of share allotment in the case of Standard Agro Vet Pvt. Ltd. (B.1) Moreover, written submissions in two parts were filed from the assessee’s side which are reproduced below

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

23. Copy tabular chart containing details of share application in the case of Standard Agro Vet Pvt. Ltd. along with supporting documents 24. Copy of Form No. PAS-3 return of share allotment in the case of Standard Agro Vet Pvt. Ltd. (B.1) Moreover, written submissions in two parts were filed from the assessee’s side which are reproduced below

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)

23,13,046/- made under section 68 of the Income - tax Act, 1961 without appreciating the fact that the scrip of Premier Capital Services Limited was a penny stock company. 2. Whether on the facts and circumstances of the case and in law. the CIT(A) has erred in not appreciating the fact that there is no bar in proceedings

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)

23,13,046/- made under section 68 of the Income - tax Act, 1961 without appreciating the fact that the scrip of Premier Capital Services Limited was a penny stock company. 2. Whether on the facts and circumstances of the case and in law. the CIT(A) has erred in not appreciating the fact that there is no bar in proceedings

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)

23,13,046/- made under section 68 of the Income - tax Act, 1961 without appreciating the fact that the scrip of Premier Capital Services Limited was a penny stock company. 2. Whether on the facts and circumstances of the case and in law. the CIT(A) has erred in not appreciating the fact that there is no bar in proceedings

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)

23. Where a person fails to file Return voluntarily or after service of notice, A.O. may proceed to make a best judgment assessment after taking into account all relevant materials which A.O. has gathered. 24. Sections 147 and 148 relates to procedure for reassessment

SHIMLA PROPERTIES,LUCKNOW vs. PR. COMMISSIONER OF INCOME TAX, LUCKNOW

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

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2012-13 Shimla Properties V. The Pcit 30C, Datiya House Lucknow Khursheed Bagh Lucknow Tan/Pan:Ablfs9732M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Neeraj Kumar, Cit (Dr) Date Of Hearing: 16 08 2022 Date Of Pronouncement: 01 09 2022 O R D E R

reassessment. The revisional jurisdiction having, thus, been invoked by the Commissioner of Income-tax beyond the period of limitation, it was wholly without jurisdiction rendering the entire proceeding a nullity”. 22. In ‘CIT vs. Alagendran Finance Ltd.’ (supra), the assessment order under consideration was passed in scrutiny proceedings under section 143(3), whereas the one passed in the present case

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 necessary information being bank account, identity of donors their PAN and other information was provided to Ld. AO. When all the evidences and supportive documents were submitted to substantiate the facts then it is Page 15 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 duty of the assessing office to make proper enquiry

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 necessary information being bank account, identity of donors their PAN and other information was provided to Ld. AO. When all the evidences and supportive documents were submitted to substantiate the facts then it is Page 15 of 87 I.T.A. No.619 & 620/Lkw/2024 Assessment year:2015-16 & 16-17 duty of the assessing office to make proper enquiry

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

reassessment ITA Nos.153 to 157/LKW/2023 C.O. Nos.23, 24, 21,22 and 25/LKW/2023 Page 22 of 61 proceedings on the very same set of facts. It was further submitted that thereafter, the Ld. Pr. CIT, through JCIT, issued another letter dated 13.11.2020, directing the AO to take suitable action with regard to initiation of proceedings under section

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

In the result, the appeal of Revenue is allowed

23-03-2022 the assessee was asked why the assessment should not be made on the above lines by 26-03-2022. However, as there is no response till date, the assessment is concluded in the above manner.\n\n6. The total income and tax thereon is worked out as under:\n\nIncome admitted by the assessee

SHRI SUBODH AGARWAL,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1, KANPUR

In the result, the appeal of the assessee stands allowed

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

reassessment order in search cases, then, it is the duty of the JCIT to exercise such powers by applying his judicious mind. We are of the view that the obligation of the approval of the Approving Authority is of two folds ; on one hand, he has to apply his mind to secure in build for the Department against any omission

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

23,022/- and, therefore, in this year also, the assessee was\nentitled to benefit of exemption under Section 10(23C)(iiiad) of the\nAct. It was submitted that in this year also, the assessee had\nobjected to the reopening, but the objections were not accepted\nby the AO and the challenge to reassessment

SMT. NIRMALA NIGAM,KANPUR vs. INCOME TAX OFFICER-3(5), KANPUR

In the result, the appeal is allowed

Bench: Shri. A. D. Jainassessment Year: 2009-10 Smt. Nirmala Nigam V. Income Tax Officer 3(5) 104/102, P. Road Kanpur Kanpur Tan/Pan:Afcpn4993C (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri C. K. Singh, D.R. Date Of Hearing: 20 02 2019 Date Of Pronouncement: 22 02 2019

reassessment. 23. In K.S. Rashid & Son v. ITO [1964] 52 ITR 355 (SC) a Constitutional Bench of the Supreme Court held: “The second point which is very important is that in regard to the cases falling under section

INCOME TAX OFFICER-6(4), LUCKNOW vs. SHRI ZARRAR HUSSAIN, LUCKNOW

In the result, the appeal of the Revenue and the Cross Objections of the assessee are dismissed

Bench: Shri A. D. Jain & Shri T. S. Kapoorassessment Years:2011-12

reassessment proceedings of stood vitiated. Failure by the Assessing Officer to provide the assessee the reasons recorded for reopening the assessment could not be treated as a mere procedural lapse. The assessments for the assessment years 1999-2000 onwards for five years sought to be reopened. Having contested those proceedings for merely two decades, the Department was not fair

HARE KIRSHNA FOOD PRODUCTS,MORADABAD vs. PR.COMMISSIONER OF INCOME TAX, BAREILLY

In the result, the appeal of the assessee in ITA no

Bench: Shri Vijay Pal Rao & Shri Ramit Kocharassessment Year:2011-12

23[4] and 29A of the Arbitration and Conciliation Act, 1996 section 12A of the Commercial Courts Act, 2015 and provisos [b] and [c] of section 138 of the Negotiable Instruments Act, 1881 and other laws, which prescribe period[s] of limitation for instituting proceedings, outer limits [within which the court or tribunal can condone] and termination of proceedings.” Thus

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 148A r/w sec 148. 12. That the CIT Appeals Faceless has erred in law and on facts by invoking sec 69A ignoring the fact that the assessment was completed by addition of amount not belonging to Appellant

PUTUL CHOUBEY vs. DY. COMMISSIONER OF INCOME TAX,

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

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

23. The provisions of section 158BD being in pari materia with the provisions of section 153C, the ratio of the aforesaid judgment clearly applies to the present case also. 24. The reference to the assessment proceedings under section 158BC by the Supreme Court in the extracts quoted above is with regard to the "assessment proceedings" in relation to the "searched