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

56(2)(vii)(b) of the Income Tax Act, 1961. 6. That the assessment completed by learned assessing officer is arbitrary, prejudicial and unlawful. 7. That the learned assessing officer has erred in not providing proper and adequate opportunity to the appellant.” I.T.A. No.56/Lkw/2022 “1. That the notice issued and assessment completed under section 153A of the act is invalid

NIRMAL SINGH,AYODHYA vs. ITO WARD-1,, FAIZABAD

In the result, the appeal of the assessee is allowed

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria & Sa. No. 07/Lkw/2024 (Arising Out Of Ita. No.83/Lkw/2024 (Assessment Year: 2014-15) Nirmal Singh The Income Tax Officer, V. 15/2/16, Janki Ghat, Ayodhya- Ward-1, 224123, Faizabad (Up). Cinema Road, Faizabad- New-224001. Pan:Bdsps4165C (Appellant) (Respondent) Appellant By: Shri. Rakesh Garg, Adv Respondent By: Shri. Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 24 09 2024 Date Of Pronouncement: 10 10 2024 O R D E R

56(2)(vii) and Rs. 49,11,947/- under section 50C, treated as escaped income. The reassessment, being a result of what the AO considers concealed particulars of income, led to the initiation of penalty proceedings under section 271(1

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

In the result, appeals vide I

section 14A r.w.r 8D do not draw any relation to such expenditures in relation to exempt.\n\n2.\nThe Ld. CIT (A) has erred in law and on facts as the assessee invested a substantial amount of Rs.187 Cr. in group companies/sister concerns which entail disallowances to be computed as per the provision of 14A of the I.T. Act read

ARUN KUMAR MAURYA,LUCKNOW vs. ITO-2(1), LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

56(vi) to the Valuation Officer as contemplated under Section 50C of the Act. Thus, the addition so sustained is wholly untenable in law and deserves to be deleted. An order of assessment without mandatorily referring the case to DVO is bad in law. 5. Because on the facts and in the circumstances of the case the order

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

1 to 5 raised by the revenue for all the assessment years are hereby dismissed. DCIT VS Podar Education and Sport Trust ITA Nos. 1815,1816,1864,1865 & 1890/Mum/2021 031. Further, it was contended before the learned Assessing Officer that all these persons Mr. Kiritkumarsuba, Mr. NavinNishar, Mr. N.K. Sodhani all are outside chartered accountants and them explaining the modus

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

1 to 5 raised by the revenue for all the assessment years are hereby dismissed. DCIT VS Podar Education and Sport Trust ITA Nos. 1815,1816,1864,1865 & 1890/Mum/2021 031. Further, it was contended before the learned Assessing Officer that all these persons Mr. Kiritkumarsuba, Mr. NavinNishar, Mr. N.K. Sodhani all are outside chartered accountants and them explaining the modus

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

section 251 of the IT Act, 1961 by\ndirecting the Assessing Officer to verify the claim made by the\nassessee u/s 80IA which amounts to setting aside the issue\nwhich is not permissible as per provisions of the aforesaid\nsection.\n2.\nThe Ld. CIT (A) has erred in law and on facts by deleting the\ndisallowance of Rs.2,56,56

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

section 251 of the IT Act, 1961 by\ndirecting the Assessing Officer to verify the claim made by the\nassessee u/s 80IA which amounts to setting aside the issue\nwhich is not permissible as per provisions of the aforesaid\nsection.\n\n2.\nThe Ld. CIT (A) has erred in law and on facts by deleting the\ndisallowance of Rs.2,56

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 proceedings in above captioned assessment years. 6. The Revenue has raised the following ground of appeal for assessment year 2013-14: 1. The Ld. CIT(A) has erred in (i) Deleting the addition of Rs.156,56,37,000/-, holding the same as 'distributable surplus' paid by the assessee M/s Wave Distilleries and Breweries Limited to M/s United Breweries Limited

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

In the result, the appeal of Revenue is allowed

1 (SC), CIT v. Smt. Paramjit Kaur [2009] 311 ITR 38 (Punj. & Har.), Assistant Commissioner of Income-tax v. ICICI Securities Primary Dealership Ltd. [2012] 348 ITR 299 (SUPREME COURT OF INDIA), Jagran Prakashan Allahabad High Court [2014] 367 ITR 534, Hon'ble Allahabad High Court in the case Dr. Shiva Kant Mishra [2015] 61 taxmann.com 201 (Allahabad

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’)

1. Because the reassessment framed under section 147/143(3)/144B is without jurisdiction, bad in law and be quashed. 2. Because there being no material to form reason to believe that income has escaped assessment, the reassessment framed under section 147 read with section 144B is bad in law, void ab initio and be quashed. 3. Because there being

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR., KANPUR vs. M/S. SUSHRUT INSTITUTE OF PLASTIC SURGERY PRIVATE LIMITED, LUCKNOW

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

reassessment under this Act, where an estimate of the value of any investment referred to in Section 69 or Section 69B or the value of any bullion, jewelery or other valuable article referred to in Section 69A or Section 69B or fair market value of any property referred to in sub-section (2) of Section 56 is required

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

56,300/- totalling to Rs.97,45,040/- was seized. Subsequently, locker no 309 in oriental bank of commerce, Ranjeet Nagar, Kanpur, in the name of Shri Sukhwinder Singh and Smt. Suman Preet was also operated in which jewellery amounting to Rs. 2,06,20,623/- was found but not seized, all the jewellery items were returned back at the same

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

Appeal is disposed of in accordance with the aforesaid\ndirections

56,72,702/- and added to the total\nincome of the assessee under the head Income from Business and profession.\n3.4.9 In view of above stated facts, I am satisfied that the assessee has under reported its\nincome by misreporting. Hence penalty proceedings u/s 270A are initiated separately for\nunder reporting of income in consequences of misreporting.\n3.5\nVariation

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

56,300/- totalling to Rs.97,45,040/- was seized. Subsequently, locker no 309 in oriental bank of commerce, Ranjeet Nagar, Kanpur, in the name of Shri Sukhwinder Singh and Smt. Suman Preet was also operated in which jewellery amounting to Rs.2,06,20,623/- was found but not seized, all the jewellery items were returned back at the same time

ALLIANCE NIRMAAN LIMITED,BAREILLY vs. PCIT, BAREILLY

In the result, the appeal of the assessee is allowed

reassessment proceedings, since view taken by him was\none of possible views, impugned revisional order passed under section 263 was to be set\naside\nCIT Vs. Honda Siel Power Products Ltd. [ (2010) 6 TAXMANN 15] In cases where the\nAssessing Officer adopts one of the courses permissible in law or where two views are possible\nand the Income-tax Officer

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

1)(a) of the Act regarding the application of 85% of the gross income to the objectives of the trust and accumulation of 15% of the gross income, would not apply. It was further submitted that the assessee had challenged the initiation of reassessment proceedings before the AO by filing objections to the same (placed at pages

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

1)(a) of the Act regarding the application of 85% of the gross income to the objectives of the trust and accumulation of 15% of the gross income, would not apply. It was further submitted that the assessee had challenged the initiation of reassessment proceedings before the AO by filing objections to the same (placed at pages