Blog Categories
Subscribe to Newsletter
Join our subscribers list to get the latest Tax Updates and Opportunities.
Search Assessment under Section 153A Without Incriminating Material Held Unsustainable — ITAT Allahabad in Subhash Stone Industries Pvt. Ltd. v. DCIT (AY 2008-09)
Facts of the
CaseA search and seizure operation under Section 132
was conducted in the case of the assessee company. Pursuant to the search,
assessment proceedings were initiated under Section 153A.The Assessing Offic...
Compulsory Scrutiny Selection Without Mandatory Approval Held Invalid — ITAT Allahabad in Girdhar Gopal Rastogi v. CIT (ITA No. 162/ALLD/2019) | Assessment Quashed for Lack of Jurisdiction
Facts of the
CaseThe assessee’s case was selected for compulsory
scrutiny assessment, and notice under Section 143(2) was issued. Subsequently,
the Assessing Officer completed the assessment under Section 143(3).The...
Section 68 Addition for Cash Deposits in Bank Deleted — Source Explained as Business Receipts | ITAT Allahabad in J.P. Yadav v. ACIT (ITA No. 319A/ALLD/2018)
Facts of the
CaseDuring scrutiny assessment proceedings, the
Assessing Officer noticed substantial cash deposits in the assessee’s bank
account. The Assessing Officer treated these deposits as unexplained cash
cred...
Employees’ Contribution to PF & ESI Paid Before Return Filing Due Date Allowable — ITAT Allahabad in Vikarma Sharma v. CIT(A) (NFAC), ITA No. 22/ALLD/2021 (Sections 36(1)(va) & 43B)
Facts of the
CaseThe assessee had deposited employees’ contribution
towards Provident Fund (PF) and Employees’ State Insurance (ESI) after the due
dates prescribed under the respective welfare statutes but before ...
Addition on Gross Commission Based on Form 26AS Beyond Scope of Section 143(1) Adjustment — ITAT Allahabad in Pramod Kumar Tandon v. DCIT, ITA No. 2/ALLD/2022 (Sections 143(1), 44ADA, 194H)
Facts of the
CaseThe assessee, an individual, earned commission
income which was reflected in Form 26AS and subjected to tax deduction at
source under Section 194H. The assessee filed the return of income declaring
b...
Reassessment under Section 147 Based on Bank Transactions & Commodity Trading — ITAT Allahabad in Roop Narayan Pandey vs ITO (AY 2011-12)
FACTS OF THE CASEThe assessee, Mr. Roop Narayan Pandey, was subjected to
reassessment proceedings for Assessment Year 2011-12 after the Assessing
Officer received information regarding substantial transactions in a ban...
ITAT Allahabad in Shashi Vaish v. DCIT (ITA Nos. 1–3/ALLD/2019): Deletion of Additions — Burden of Proof on AO, Sustainable Assessment Principles under the Income-tax Act
Facts of the CaseThe assessee, Shri Shashi Vaish,
was subjected to assessment proceedings wherein the Assessing Officer (AO) made
certain additions to the declared income. The additions were based on alleged
discrepan...
Vinod Kumar Tandon v. ITO (ITAT Allahabad, ITA No. 29/ALLD/2022): Deletion of Additions for Lack of Proper Inquiry — Principles Governing Unexplained Income under the Income-tax Act, 1961
Facts of the CaseThe assessee, Shri Vinod Kumar Tandon, was subjected to
scrutiny assessment by the Income Tax Department. During the assessment
proceedings, the Assessing Officer made additions to the declared income ...
Smt. Shashi Bala v. ITO (ITAT Allahabad, ITA No. 17/ALLD/2022): Deletion of Additions for Unexplained Income — Evidentiary Burden and Valid Assessment under the Income-tax Act, 1961
Facts of the CaseThe assessee, Smt. Shashi Bala, was subjected to scrutiny
assessment proceedings during which the Assessing Officer made additions to the
declared income on account of certain transactions or amounts t...
Kamdhenu Sweets v. ITO (ITAT Allahabad, ITA No. 19/ALLD/2022): Sustainable Additions in Business Income Cases — Evidentiary Standards and Burden of Proof under the Income-tax Act, 1961
Facts of the CaseThe assessee, M/s Kamdhenu Sweets, engaged in business
activities, was subjected to scrutiny assessment proceedings. During the course
of assessment, the Assessing Officer made additions to the declare...