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Ex-Parte Assessment and Appellate Orders Without Grant of Opportunity of Hearing Held Invalid – ITAT Allahabad Remands Matter for De Novo Assessment | Harish Chandra Mishra v. ITO
Facts of the CaseThe
assessee is an individual engaged in agricultural activities. For the
assessment year 2016-17, the assessee did not file a return of income. During
the relevant period, the assessee purchased an i...
Delay in Filing Appeal Due to Medical Condition and COVID-19 Lockdown Deserves Condonation: ITAT Allahabad in Alok Rai v. ITO (NFAC)
Facts of the CaseThe
assessee, Alok Rai, filed an appeal before the Income Tax Appellate Tribunal
against the order of the Commissioner of Income Tax (Appeals), NFAC, for
Assessment Year 2014-15.The assessment was com...
Manual Filing of Appeal Within Limitation Cannot Be Ignored Due to Subsequent E-Filing: ITAT Allahabad in Aroti Ghosh v. ITO
Facts of the CaseThe
assessee, Aroti Ghosh, preferred an appeal before the Income Tax Appellate
Tribunal against the order passed by the Commissioner of Income Tax (Appeals),
NFAC, for Assessment Year 2008-09.
The CI...
Penalty under Section 270A Cannot Survive When Quantum Assessment Is Set Aside: ITAT Allahabad in Anurag Jaiswal v. ITO
Facts of the CaseThe
assessee, Anurag Jaiswal, filed an appeal before the Income Tax Appellate
Tribunal, Allahabad Bench, against the order passed by the Commissioner of
Income Tax (Appeals), which confirmed a penalty...
Derivative Loss Set-Off Requires Compliance With Section 43(5) Conditions: ITAT Allahabad in Arup Banerji vs DCIT
Facts of the CaseThe
assessee, Shri Arup Banerji, is a medical professional who was also engaged in
derivative trading. For Assessment Year 2015-16, the assessee claimed a loss of
₹1,57,21,804 from derivative tradin...
Appeals Dismissed as Not Pressed at Assessee’s Request: ITAT Allahabad in Kailash Jaiswal vs ACIT (Central Circle)
Facts of the CaseThe
assessee, Shri Kailash Jaiswal, filed two appeals before the Income Tax
Appellate Tribunal, Allahabad Bench, for Assessment Years 2008-09 and 2013-14.
The appeals were directed against separate ap...
Dismissal of Appeal for Non-Prosecution Without Speaking Order Violates Section 250(6): ITAT Allahabad in Anjanish Kumar Tiwari vs ITO
Facts of the CaseThe
assessee, Shri Anjanish Kumar Tiwari, filed his return of income for Assessment
Year 2017-18 on 17.08.2017 declaring total income of ₹10,94,454. The Assessing
Officer completed the assessment un...
Share Capital Addition Under Section 68 Deleted After Proving Identity, Creditworthiness and Genuineness: ITAT Allahabad in Prayag Capitals India Ltd. vs ITO
Facts of the CaseThe
assessee, Prayag Capitals India Limited, filed its return of income for
Assessment Year 2015-16 declaring total income of ₹11,10,050. The assessment
was completed under Section 143(3) of the Inc...
Penalty Under Section 271(1)(c) Cannot Survive When Quantum Appeal Is Pending: ITAT Allahabad in Ravindra Nath Patel vs ITO
Facts of the CaseThe
assessee, Shri Ravindra Nath Patel, is engaged in the business of wholesale
grain trading and rice manufacturing. For Assessment Year 2008-09, the
assessment was completed under Section 143(3) of ...
Ex-Parte Best Judgment Assessment and Non-Speaking Appellate Order Set Aside: ITAT Allahabad in M/s Anil Kumar Sunil Kumar vs DCIT
Facts of the CaseThe
assessee, M/s Anil Kumar Sunil Kumar, is a partnership firm engaged in
wholesale trading of hardware and sanitary fittings. For Assessment Year
2018-19, the Assessing Officer completed the assessm...