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

section 132(4) of the Act on 3rd August, 2015 and letter dated 31st July, 2015 issued by Sh. Madho Gopal Agarwal. The case was centralised as per the orders passed under section 127 of the Act and a notice under section 153A of the Act was issued on 6th September, 2016, which was duly served. Upon receipt of notice

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

In the result, the appeal of Revenue is allowed

91,740/-.\n\n1. Thereafter, original assessment proceedings were undertaken for the assessment year 2017-18 through CASS with reason cash deposit during demonetization period, which was completed under section 143(3) of the Income Tax Act, 1961 dated 24/12/2019 (DIN: ITBA/AST/S/143(3)/2019-20/1023014004(1)). after due verification of various documents and replies submitted by the appellant.\n\n1. During

KARUNESH KUMAR SHUKLA,LUCKNOW vs. INCOME TAX OFFICER-1(1), LUCKNOW

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

91,000/- and earned interest of Rs. 4,17,667/-, the ld. AO initiated proceedings for reassessment by issue of notice under section

M/S. SAHARA CITY HOMES,BAREILLY vs. INCOME TAX OFFICER - 3(4), RANGE- 3, LUCKNOW

In the result, the appeals of the assessees are partly allowed

Bench: Shri. A. D. Jain & Shri T. S. Kapoorassessment Year: 2012-13 M/S Sahara City Homes – Bareilly V. Ito-3(4) 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2472C (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Amritsar V. Ito-3(4) 2, Sahara India Centre Lucknow Tan/Pan:Abzfs4654E (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Kanpur(I) V. Acit 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2468Q (Appellant) (Respondent) Assessment Year: 2012-13 M/S Sahara City Homes – Guwahati V. Acit 2, Sahara India Centre Range 3 Kapoorthala Complex Lucknow Aliganj, Lucknow Tan/Pan:Abzfs2462E (Appellant) (Respondent)

91,92,351/- (Rs.4,07,72,868/- + Rs.46,84,19,842/-) of WIP acquired by the assessee during Assessment Year 2011-12, ITA No.24 to 39/LKW/2019 Page 10 of 46 under section 69C of the Act, which was confirmed by the ld. CIT(A). This forms the issue in Ground No. 4. 14. The ld. CIT(A) directed the Assessing

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

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

M/S ALLIANCE BUILDERS & CONTRACTORS LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX, KANPUR

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2011-12 M/S. Alliance Builders & Asst.Commissioner Of V. Contractors Ltd Income Tax, Central Circle-2 C/O 24/4, The Mall, Kanpur. Laxmi Niwas, 10/503, Allen Ganj, Kanpur. Pan:Aaeca8217A (Appellant) (Respondent) Appellant By: Shri Shubham Rastogi, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, Addl. Cit(Dr) Date Of Hearing: 28 11 2024 O R D E R

91,960/-. 10. That the Ld. CIT(A) has erred in confirming disallowance made by AO on account of payment made to contractor by provision of section 40a(ia) of the Act. 11. That the Ld. CIT(A) has erred in confirming disallowance made by AO on account of battery and mobile of Rs.50,800/-. 12. That

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

section 147/148 of the I.T. Act and the CIT(A) wrongly set aside for reassessment which is bad in law. However the first notice u/s 148 dated 20.04.2021 is already closed by the directorate of income tax (systems) on the basis of judgment of Hon'ble Supreme Court In the case of Union of India vs Ashish Agarwal Civil Appeal

NEW SUMERPUR GOLDEN TRANSPORT,KANPUR vs. INCOME TAX OFFICER-2(3), KANPUR

In the result, the appeal of the assessee is allowed

Bench: Shri. A. D. Jainassessment Year: 2010-11 New Sumerpur Golden Transport V. Income Tax Officer 2(3) 76/164, Halsey Road Kanpur Kanpur Tan/Pan:Aagfn4235L (Appellant) (Respondent) Appellant By: Shri Rakesh Garg, Advocate Respondent By: Shri C. K. Singh, D.R. Date Of Hearing: 19 02 2019 Date Of Pronouncement: 22 02 2019

reassessment requires to be quashed. 5. On the other hand, the ld. D.R. has placed strong reliance on the impugned order. It has been contended that as correctly observed by the Assessing Officer on the basis of his reasons to believe escapement of income, since he found that the assessee had made payment in cash for Diesel expenses

DY. C.I.T., RANGE-6, LUCKNOW vs. U.P STATE FOOD & ESSENTIAL COMMODITIES LTD., LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

91,68,415/- (c) The assessment so completed by Income Tax Officer-VI(2), Lucknow was challenged before the learned CIT(A) in appeal which was dismissed. The matter went before the coordinate Bench of I.T.A.T., Lucknow wherein additional legal grounds, challenging jurisdiction, were raised and the appeal of the assessee was allowed whereby assessment order was declared annulled vide

DY. C.I.T., RANGE-6, LUCKNOW vs. U.P STATE FOOD & ESSENTIAL COMMODITIES LTD., LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

91,68,415/- (c) The assessment so completed by Income Tax Officer-VI(2), Lucknow was challenged before the learned CIT(A) in appeal which was dismissed. The matter went before the coordinate Bench of I.T.A.T., Lucknow wherein additional legal grounds, challenging jurisdiction, were raised and the appeal of the assessee was allowed whereby assessment order was declared annulled vide

DY. C.I.T., RANGE-6, LUCKNOW vs. U.P STATE FOOD & ESSENTIAL COMMODITIES LTD., LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

91,68,415/- (c) The assessment so completed by Income Tax Officer-VI(2), Lucknow was challenged before the learned CIT(A) in appeal which was dismissed. The matter went before the coordinate Bench of I.T.A.T., Lucknow wherein additional legal grounds, challenging jurisdiction, were raised and the appeal of the assessee was allowed whereby assessment order was declared annulled vide

U.P STATE FOOD & ESSENTIAL COMMODITIES LTD.,LUCKNOW vs. INCOME TAX OFFICER-VI(2), LUCKNOW

In the result, the appeal of the Revenue for assessment year 2009-10

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year:2011-12

91,68,415/- (c) The assessment so completed by Income Tax Officer-VI(2), Lucknow was challenged before the learned CIT(A) in appeal which was dismissed. The matter went before the coordinate Bench of I.T.A.T., Lucknow wherein additional legal grounds, challenging jurisdiction, were raised and the appeal of the assessee was allowed whereby assessment order was declared annulled vide

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that

ASTT. COMMISIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

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

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that