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Reference to DVO Mandatory When Stamp Value is Disputed — ITAT Allahabad Remands Capital Gains Assessment u/s 50C(2) | Mohammad Nazim v. ITO (ITA No. 30/Alld/2023)
Facts of the CaseThe assessee filed his return declaring income including
capital gains from sale of land. The case was selected for limited scrutiny due
to mismatch between sale consideration reported in the return an...
Unpaid Service Tax Not Disallowable u/s 43B If No Deduction Claimed — ITAT Allahabad Deletes Addition; Partial Relief on Ad-hoc Expense Disallowances | Anil Kumar Gupta v. DCIT (ITA No. 18/Alld/2023)
Facts of the CaseThe assessee, an individual engaged in providing security
guard and manpower services, followed the mercantile system of accounting and
was registered under service tax laws. During scrutiny assessment...
Ex-Parte Dismissal by CIT(A) Without Speaking Order Set Aside — ITAT Allahabad Remands Matter for Fresh Adjudication under Section 250(6) | Denial of Section 11 Exemption Due to Form 10B Issue | Acharya Dharamchandradeo Medical & Research Trust v. DCIT (CPC), ITA No. 58/Alld/2023
Facts of the CaseThe assessee, a charitable trust registered under Sections 12A
and 80G of the Income-tax Act, filed its return of income for Assessment Year
2016-17 on 15.10.2016. The return was processed under Sectio...
Ex-Parte Dismissal Without Merits Invalid under Section 250(6): ITAT Allahabad Restores Appeal in Syed Shoeb Ashraf v. ITO
Facts of the CaseThe Assessing Officer received specific CIB information that
the assessee had deposited cash amounting to ₹82,60,000 in a business bank
account with Bank of Baroda during the relevant year. The asses...
CIT(A) Cannot Confirm Additions Ex-Parte Without Independent Findings: ITAT Allahabad Restores Case for Fresh Adjudication — Smt. Swatantra Mishra v. ITO
Facts of the CaseThe assessee filed a return declaring business income of
₹4,27,350. Based on AIR information, the Assessing Officer found that the
assessee had deposited cash of ₹46,18,300 in multiple bank account...
Rectification under Section 154 Permissible for Exemption Claim u/s 10(38): ITAT Allahabad Restores LTCG Taxation Dispute for Fresh Examination — Dr. Aroti Ghosh v. ITO
Facts of the CaseThe assessee’s case was selected for scrutiny based on AIR
information regarding share transactions amounting to ₹59,84,641. The return of
income for AY 2008-09 was filed declaring total income of ...
Ex-Parte CIT(A) Order & Best-Judgment Assessment u/s 144 Set Aside for Lack of Proper Opportunity — ITAT Allahabad Remands Matter for De-Novo Assessment | Sanjay Kesarwani v. ITO (ITAT)
Facts of the CaseThe assessee, an individual trader, filed appeals against the
orders of the Commissioner of Income Tax (Appeals) for Assessment Years 2008-09
and 2009-10, as well as against the confirmation of penalty...
Unexplained Cash Credit on Cash Deposits from Dairy Business – ITAT Delhi Partly Sustains Addition under Section 68 in Vinay Kumar vs ITO (AY 2006-07)
Facts of the Case
The assessee, Vinay Kumar, proprietor of M/s Sunshine Enterprises, carrying on
the business of sale of dairy products, had deposited cash of Rs. 12.50 lakh in
his bank account during Assessment Year ...
ITAT Allahabad: Ex-Parte NFAC Order Set Aside — Matter Remanded Where Legal Grounds on Reassessment, Limitation and Section 69A Addition Not Examined | Jitendra Kesarwani vs ITO (AY 2010-11)
Facts of the
CaseThe assessee, Jitendra Kesarwani, was subjected to
reassessment proceedings after information was received regarding a cash
deposit of Rs. 10,00,000 in his bank account during Financial Year 2010-11. ...
ITAT Allahabad Remands Section 69A Addition on Demonetization Cash Deposits — Agricultural Income & KCC Source to Be Verified | Mohammad Irfan Jafri vs ITO (AY 2017-18)
Facts of the
CaseThe assessee, Mohammad Irfan Jafri, did not file a
return of income for Assessment Year 2017-18. During verification under
“Operation Clean Money”, the Department found that the assessee had depos...