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

132A of the Act, 1961. However, the completed/unabated assessments can be re-opened by the AO in exercise of powers under sections 147/148 of the Act, subject to fulfilment of the conditions as envisaged/mentioned under sections 147/148 of the Act and those powers are saved. The question involved in the present set of appeals and review petition

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)

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 under section 153A

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)

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 under section 153A

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)

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 under section 153A

DIVESH KUMAR,BAREILLY vs. ACIT CENTRAL, BAREILLY

In the result, the appeal of the assessee is dismissed

Bench: Shri Anadee Nath Misshraassessment Year: 2019-20 Divesh Kumar Shri Kharak Singh V. Rawat, 19, Shishgarh, Bareilly, Uttar Pradesh-243105. Dc/Acit-Cent, Bareilly Office Of The Acit, Central Circle Dc/Acit Cent Bareilly-1-243001 Pan:Cfdpk1712F (Appellant) (Respondent) Appellant By: None (Adj Application Filed) Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 19 11 2024

132A of the Income tax Act, 1961 was issued on 30.03.2019. Therefore the cash of Rs. 2,66,000/- was seized. During the assessment proceeding, the assessee has not submitted any reply. The assessing officer has noted that in his statement, the assessee stated that he is engaged in retail trading of fertilizers by running a shop at Girdharpur, Sheeshgarh

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

132A, or a survey is conducted under section 133A [other than under sub-section (2A) of the said section], on or after the 1st day of April, 2021 but before the 1st day of September, 2024, the provisions of sections 147 to 151 shall apply as they stood immediately before the commencement of the Finance

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

132A, or a survey is conducted under section 133A [other than under sub-section (2A) of the said section], on or after the 1st day of April, 2021 but before the 1st day of September, 2024, the provisions of sections 147 to 151 shall apply as they stood immediately before the commencement of the Finance

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

132A, or a survey is conducted under section 133A [other than under sub-section (2A) of the said section], on or after the 1st day of April, 2021 but before the 1st day of September, 2024, the provisions of sections 147 to 151 shall apply as they stood immediately before the commencement of the Finance

ADHYATM JAIN PROP. M/S JAMBU KUMAR ADHYATAM JAIN SARAF,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

68 of the I.T. Act on substantive basis; while protective additions were made in the hands of the respective lenders. The assessee filed appeal against the aforesaid assessment order in the office of the Ld. CIT(A) which was dismissed. Aggrieved, the assessee has filed the present appeal in Income Tax Appellate Tribunal (“ITAT” for short). (C) The aforesaid additions

OCEAN DREAM INFRASTRUCTURE PVT LTD,LUCKNOW vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

68 of the Income Tax Act, 1961 by treating the same as unexplained cash credit. 2.1. Because the learned CIT(A) erred in law and on facts in refusing to admit additional evidence submitted by the assessee during the appellate proceedings. 2.2 Because, without prejudice, in the interests of justice, the learned CIT(A) ought to have admitted additional evidence

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT(CENTRAL)-2, LUCKNOW

132A in\ncase of any other person on or after the 1st day of April, 2021, pertains or pertain\nto, or any information contained\ntherein, 26b[relate to, the assessee; or (Covered by said clause in\n40 \ncase of the assessee. ] (N.A.)\nExplanation.—For the purposes of this section, specified authority\nmeans the specified authority referred to in section

VINAI SHUKLA,LUCKNOW vs. ACIT-1, LUCKNOW NEW, LUCKNOW

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

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.624/Lkw/2024 ननिाारण वर्ा/ Assessment Year: 2017-18 Vinai Shukla V. Acit-1, Lucknow New 2/280, Vikas Khand Gomti Lucknow Nagar, Lucknow-226010. Pratyaksh Kar Bhawan, Lucknow-226001. Pan:Asnps3558C अपीलार्थी/(Appellant) प्रत्यर्थी/(Respondent) अपीलार्थी कक और से/Appellant By: Ms Shweta Mittal, Ca प्रत्यर्थी कक और से /Respondent By: Shri Prajesh Srivastava, Sr. Dr सुनवाई कक तारीख / Date Of Hearing: 21 08 2025 घोर्णा कक तारीख/ Date Of 12 09 2025 Pronouncement: आदेश / O R D E R

68,000/- on account of Long Term Capital Gain and assessed total income at Rs.1,41,36,990/-. Aggrieved against this, the assessee carried the matter an appeal before the Ld. CIT(A), who after considering the submissions dismissed the appeal of the assessee. Now, the assessee is in appeal before this Tribunal. 3. The assessee has taken multiples grounds

SHASHI AGARWAL,LUCKNOW vs. DCIT-1,, LUCKNOW

In the result, these two appeals are treated as allowed for statistical purposes

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

68 of the IT Act; Rs.5,57,385/- towards unexplained investment u/s 69C of the Act and Rs.33,00,000/- towards unexplained investment u/s 69 of the Act. In assessment year 2016-17, assessment order dated 31/12/2018 (DIN & Order No.ITBA/APL/S/250/2023- 24/1052325703(1) was passed u/s 153A read with section 144 of the Act wherein the assessee’s total

SHASHI AGARWAL,LUCKNOW vs. DCIT, CENTRAL CIRCLE-1, LUCKNOW, LUCKNOW

In the result, these two appeals are treated as allowed for statistical purposes

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

68 of the IT Act; Rs.5,57,385/- towards unexplained investment u/s 69C of the Act and Rs.33,00,000/- towards unexplained investment u/s 69 of the Act. In assessment year 2016-17, assessment order dated 31/12/2018 (DIN & Order No.ITBA/APL/S/250/2023- 24/1052325703(1) was passed u/s 153A read with section 144 of the Act wherein the assessee’s total

UNIVERSAL WATCH HOUSE,LUCKNOW vs. INCOME TAX OFFICER, NFAC

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

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2020-21 Universal Watch House V. The Ito 30, M.G. Marg Faceless Assessment Hazratganj, Lucknow Delhi Tan/Pan:Aabfu0924G (Appellant) (Respondent) Appellant By: Shri Akshay Agarwal, Advocate Respondent By: Shri Prajesh Srivastava, D.R. O R D E R

132A of the Income Tax Act, 1961 (hereinafter called “the Act’) based on the interception of cash of Rs.23.00 lakhs from Mr. Mohd. Suhail, the partner of the firm by the Aurangabad Police in Bihar and also in respect of suppression of sales. 2.1 During the course of assessment proceedings, the Assessing Officer (AO) issued statutory notices dated

ASSTT. COMMISSIONER OF INCOME TAX, RANGE-V, LUCKNOW vs. PATEL PAN PRODUCTS LTD., LUCKNOW

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

Bench: Shri Gd Padmahshali & Shri Subhash Malguriaassessment Year: 2009-10 Acit, Range-V M/S. Patel Pan Products V. Aayakar Bhawan, Ashok Marg, Ltd. Lucknow-226001. 37-38, Gaurabagh, Kursi Road, Lucknow-226002. Pan: Adypa2513M (Appellant) (Respondent) C. O. No. 09/Lkw/2019 (In Arising Out Of Ita. No. 736/Lkw/2017) Assessment Year: 2009-10 M/S. Patel Pan Products Ltd. V. Acit, Range-V 37-38, Gaurabagh, Kursi Road, Aayakar Bhawan, Ashok Lucknow-226002. Marg, Lucknow-226001. Pan:Aaecp0472C (Appellant) (Respondent) Appellant By: Shri P. K. Kappor, Ca Respondent By: Shri Manu Chaurasia, Cit(Dr) Date Of Hearing: 10 07 2024 Date Of Pronouncement: 30 09 2024 O R D E R

section 275(2) is not applicable.” 2. The brief facts of the case are that a search & seizure operation u/s 132A of the Income Tax Act,1961 was carried out on the Harsingar Gutkha/Patel Group of cases. Simultaneously, a survey proceeding u/s 133A of the Act was also carried out at many premises regarding to the assessee group

SUNEEL KUMAR AGRAWAL,LAKHIMPUR KHERI vs. INCOME TAX OFFICER 3(5), LAKHIMPUR

In the result, the appeal of the assessee stands allowed

Bench: Shri Sudhanshu Srivastavaa.Ys. 2017-18 Suneel Kumar Agarwal, Vs. Income Tax Officer-3(5), Old Galla Mandi, Lakhimpur - Kheri Lakhimpur Kheri-262701 Pan Agfpa 3061J (Appellant) (Respondent) Appellant By Shri P.K. Kapoor, Ca Respondent By Shri Sanjeev Krishna Sharma, Addl. Cit( Dr) Date Of Hearing 20/03/2024 Date Of Pronouncement 13/06/2024 O R D E R This Appeal Has Been Preferred By The Assessee Against Order Dated 10.02.2023 Passed By The Ld. Commissioner Of The Income Tax (Appeal) [Hereinafter Called The ‘Cit(A)’], Lucknow-3 For Assessment Year (Ay) 2017-18. 2.0 The Brief Facts Of The Case, As Appearing From The Assessment Order, Are That The Assessee Is Engaged In Trading Of Edible Oil, Food Grains, Khandsari, Sugar, Atta, Maida & Suji Etc. A Warrant U/S. 132A Of The Income Tax Act, 1961 (Hereinafter Called The ‘Act’) Was Served On The Assessee On 02.02.2017 & A Sum Of Rs.14,64,000/- Was Seized From The Possession Of The Assessee.

132A of the Income Tax Act, 1961 (hereinafter called the ‘Act’) was served on the assessee on 02.02.2017 and a sum of Rs.14,64,000/- was seized from the possession of the assessee. 2 Earlier, the assessee was intercepted by the Flying Squad and surveillance team at District Amethi, Pratapgarh Road, near Sahjipur crossing on 27.01.2017 during the Assembly Elections