ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.181 & 182/Lkw/2024 A.Ys.2017-18 & 2018-19 Rohilkhand Educational Vs. Dcit, Charitable Trust, Bareilly Central Circle, Bareilly Pan: Aaatr6902J (Appellant) (Respondent) Assesseeby: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 22.09.2025 O R D E R Per Bench: [ These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A)-3, Lucknow Dated 19.03.2024 & 22.03.2024, Passed Under Section 250 Of The Income Tax Act, 1961, For The A.Ys. 2017-18 & 2018-19, Dismissing The Appeals Of The Assessee Against Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “(1).That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Not Considering The Fact That In The Alleged Assessment Order, The Columns Of Name Of Assessee, Pan, Asst Year, Date Of Assessment & Section Under Which Passed, Are Blank. (2)That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Treating The Demand As Valid Which Was Not Computed On The Basis Of Orderthat May Not Be Termed To Be An Order Under Section 143(3). (3) That A Demand Of Tax As Computed In The Computation Sheet Is Without Jurisdiction Void-Ab-Inito & Is Liable To Be Annulled. (4) That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Confirming The Addition Of Rs. 736591857/-Comprising  Corpus Donation Aggregating To Rs 7,68,95,000/-, A.Ys. 2017-18 & 2018-19

68,95,000/-, A.Ys. 2017-18 & 2018-19  Accumulation of Rs 22,00,00,000/- u/s 11(2),  Excess of income over expenditure upto 15% of gross receipts at Rs 18,18,45,924/- claimed as exempt u/s 11(1) of the Act  purchase cost of Fixed Assets, during the year under consideration, aggregating

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

68 and application of section 115BBE, as above, the tax is once charged as per the normal provisions of the Act and again u/s 115BBE. Thus, the same income is taxed twice which is not permissible under law. 3.3.1 Even if hypothetically it is assumed that the donations to the corpus were received against payment of cash

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

68 and application of section 115BBE, as above, the tax is once charged as per the normal provisions of the Act and again u/s 115BBE. Thus, the same income is taxed twice which is not permissible under law. 3.3.1 Even if hypothetically it is assumed that the donations to the corpus were received against payment of cash

SKYHIGH INFRAPROJECTS PRIVATE LTD.,LUCKNOW vs. INCOME TAX OFFICER-6(1), LUCKNOW

In the result, the appeal of the assessee is allowed for\nstatistical purposes

Bench: Shri Sudhanshu Srivastavaand\Nshri, Nikhil Choudhary\Nita No. 242/Lkw/2025\N Assessment Year: 2017-18\Nskyhigh Infrastructures Pvt\Nltd\Nv.\Ncp-2 Ii Floor, Gomti Plaza,\Nvikas Khand, Gomti Nagar,\Nlucknow-226010.\Nincome Tax Officer-6(1)\Npratyaksh Kar Bhawan,\Nlucknow-226001.\Npan:Aatcs1687B\N(Appellant)\N(Respondent)\Nappellant By:\Nshri P. K. Kapoor, Ca\Nrespondent By:\Nshri Amit Kumar, Dr\Ndate Of Hearing:\N10 06 2025\Ndate Of Pronouncement:\N31 07 2025\Norder\Nper Nikhil Choudhary.:\Nthis Is An Appeal Filed By The Assessee Against The Order Of\Nthe Learned Commissioner Income Tax (Appeals)/Nfac, Delhi\Nu/S 250 Of The Income Tax Act, 1961 (“Act”, For Short) Dated\N17.01.2025 Wherein The Ld. Cit(A) Has Dismissed The Appeal Of\Nthe Assessee That Was Filed Against The Order Of The Assessing\Nofficer U/S 143(3) Of The Act On 28.12.2019. The Grounds Of\Nappeal Are As Under: -\N“1.

sections": [ "250", "143(3)", "143(2)", "68", "133(6)", "272A(1)(d)", "270A", "271AAC(1)", "115BBE", "234B" ], "issues": "Whether

INCOME TAX OFFICER-2(3), LUCKNOW vs. U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11.\nWe notice that even while the Assessing Officer was primarily focused on trying to\ndemonstrate that the activities of the assessee parishad were not charitable, he still\nfound time to go through the accounts to observe that the assessee had applied less\nthan 85% of its receipts during the year and was therefore required to file

INCOME TAX OFFICER-2(3), LUCKNOW vs. U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

234B and 234C, holding that\nthe charging of interest was mandatory, he rejected the plea of the assessee but\ndirected the ld. AO to allow the consequential relief that would arise as a result of\nthe decisions made in the appeal. In this manner, both the appeals of the assessee\nwere partly allowed.\n\n10.\nAggrieved by these orders

RAVI KANT SHARMA,BAREILLY vs. INCOME TAX OFFICER -2 (3), BAREILLY

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

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2017-18 Ravi Kant Sharma V. Income Tax Officer 2(3) 45, Athayen Faridpur Bareilly Athana Bareilly Tan/Pan:Bcfps0514M (Appellant) (Respondent) Appellant By: Shri P. K. Kapoor, C.A. Respondent By: Shri Sunil Kumar Rajwanshi, D.R. Date Of Hearing: 05 03 2025 Date Of Pronouncement: 11 03 2025 O R D E R

68,530/-. The case of the assessee was selected for scrutiny under CASS. The Income Tax Department was in possession of information that the assessee had deposited cash amounting to Rs.24,44,100/- in his Bank Account No.26730400007999 maintained with Bank of Baroda, Beharipur, Chhahal, Bihari Kapoor Marg, Bareilly during ITA No.62/LKW/2025 Page 2 of 8 the period

M/S FIVE ROSES,KANPUR vs. DY, CIT-CC-1, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

section 234B of the Act. 14. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 15. BECAUSE each ground taken in appeal is mutually exclusive and without prejudice to each other. 16. The "appellant" craves leave, to add, delete or modify any of the grounds before hearing of appeal. ITA No.272/LKW/2024: 1.1. BECAUSE

M/S FIVE ROSES,KANPUR vs. J/DCIT-CC,, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

section 234B of the Act. 14. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 15. BECAUSE each ground taken in appeal is mutually exclusive and without prejudice to each other. 16. The "appellant" craves leave, to add, delete or modify any of the grounds before hearing of appeal. ITA No.272/LKW/2024: 1.1. BECAUSE

M/S FIVE ROSES,KANPUR vs. DY, CIT-CC-1, KANPUR

In the result, all the three appeals are partly allowed for statistical purposes

Bench: Shri. Sudhanshu Srivastava & Shri Anadee Nath Misshra

section 234B of the Act. 14. BECAUSE the order appealed against is contrary to facts, law and principles of natural justice. 15. BECAUSE each ground taken in appeal is mutually exclusive and without prejudice to each other. 16. The "appellant" craves leave, to add, delete or modify any of the grounds before hearing of appeal. ITA No.272/LKW/2024: 1.1. BECAUSE

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

section 11, did not consider the findings of the AO with\nrespect to section 11(2), section 13(1)(d) and section 13(3). He has pointed out that\nonce the ld. CIT(A) had held that the income of the assessee should be computed in\nthe manner specified in section 11, taking into account

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

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11. Accordingly, additional ground number 2 does not seem\nto fit with the facts of the case and therefore it is also dismissed. This brings us to\nadditional ground number 3 ie that the Ld CIT(A) has not considered whether the\nmoney of the parishad was being invested in the specified modes or not. In this\ncontext

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

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11, declined to allow the assessee the benefit of\naccumulation under section 11(2) in either assessment year because of (i) its failure\nto specify the purpose for accumulation in assessment year 2007-08 and (ii) its\nfailure to file Form No.10 before the completion before the completion of\nassessment and also to specify purpose of accumulation

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

section 11(2), while directing the ld. AO to compute the income in the manner provided under section 11. Accordingly, additional ground number 2 does not seem to fit with the facts of the case and therefore it is also dismissed. This brings us to additional ground number 3 ie that the Ld CIT(A) has not considered

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

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

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

234B and 234C, if applicable. Give credit to prepaid issues.” 20. We further find that with the insertion of section 10(46) of the Act, introduced by the statute by the Finance Act 2011, the specified income arising to a body or trust or Board or Trust or Commission, which has been established or constituted by a Central

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

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

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

234B and 234C, if applicable. Give credit to prepaid issues.” 20. We further find that with the insertion of section 10(46) of the Act, introduced by the statute by the Finance Act 2011, the specified income arising to a body or trust or Board or Trust or Commission, which has been established or constituted by a Central

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

In the result, the appeals of the assessee are partly allowed whereas the Cross Objections of the Revenue are partly allowed for statistical purposes

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

234B and 234C, if applicable. Give credit to prepaid issues.” 20. We further find that with the insertion of section 10(46) of the Act, introduced by the statute by the Finance Act 2011, the specified income arising to a body or trust or Board or Trust or Commission, which has been established or constituted by a Central

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