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Ex-Parte Appellate Orders and Additions Based on Technical Defaults and DVO Report Set Aside – ITAT Allahabad Remands Matters for Fresh Adjudication
Facts of the CaseA
search and seizure operation under section 132 of the Income-tax Act, 1961 was
conducted on 02.07.2018 in the case of the Hari Om Rastogi Group, wherein the
assessee was also covered by the warrant ...
Ex-Parte Assessment and Appellate Orders Passed Without Grant of Reasonable Opportunity Set Aside – ITAT Allahabad Restores Matter for De Novo Assessment
Facts of the CaseThe
assessee, an individual, filed his return of income for Assessment Year 2021-22
declaring total income of ₹34,55,680. The Assessing Officer completed the
assessment under section 143(3) read wit...
Unexplained Investment Admitted During Survey Taxable under Section 69/69B at Penal Rate u/s 115BBE Despite Subsequent Tax Payment – ITAT Allahabad
Facts of the CaseThe
assessee was engaged in the business of trading in liquor, Ayurvedic medicines,
kirana and other goods. A survey under section 133A was conducted on
18.01.2018, during which incriminating document...
Reassessment under Sections 147/148 Upheld but Matter Remanded for De Novo Assessment Due to Dual PAN and Bank Deposits Dispute – ITAT Allahabad in Jai Maa Durga Traders v. CIT(A) (ITA No.124/ALLD/2024, A.Y. 2012-13, Order dated 01.05.2025)
Facts of the CaseThe assessee is a partnership firm engaged in wholesale
trading of sugar. It purchases sugar bags in bulk from sugar mills and sells
them to retailers in Ballia. The assessee filed its return of income...
Suppressed Production Addition Based on Hypothetical Yield and Without Rejection of Books Held Invalid in Search Assessment – Principle of Consistency Reaffirmed | Kesarwani Zarda Bhandar v. JCIT
Facts of the CaseA
search and seizure operation under section 132 of the Income Tax Act, 1961 was
conducted on 27/08/2009 at the business and residential premises of the
assessee, a partnership firm engaged in the man...
Additions for Alleged Suppressed Production Without Incriminating Search Material Held Unsustainable – ITAT Applies Consistency and Rejects Arbitrary Yield Estimation | ACIT v. Kesarwani Zarda Bhandar
Facts of the CaseA
search under section 132 of the Income Tax Act, 1961 was conducted on
27/08/2009 at the premises of the assessee, a partnership firm engaged in the
manufacture and sale of chewing tobacco (Zarda), a...
Charitable Exemption Cannot Be Denied for Technical Errors in Return and Audit Report – ITAT Allows Exemption to Registered Society | Abhiyan International Samiti v. ITO (Exemption)
Facts of the CaseThe
assessee is a society registered under the Societies Registration Act, 1860 and
is also registered under sections 12AA and 80G of the Income Tax Act, 1961. For
the assessment year 2019-20, the ass...
Ex-Parte Assessment and Appellate Orders Passed Without Grant of Opportunity of Hearing Set Aside – Matter Remanded for De Novo Assessment | Seema Pal v. ITO
Facts of the CaseThe
assessee is an individual engaged in business as the proprietor of M/s Ashish
Khad Bhandar. For the assessment year 2017-18, the Assessing Officer completed
the assessment under section 144 of the...
Dismissal of Appeal on Limitation Without Considering “Sufficient Cause” Held Unsustainable – Delay to be Condoned Under Section 249(3) | Jan Shiksha Vikash Samiti v. ITO (Exemption)
Facts of the CaseThe
assessee is an Association of Persons (AOP) which did not file its income tax
return for the assessment year 2011-12. During the relevant year, the assessee
deposited cash amounting to ₹17,79,22...
Ex-Parte Appellate Order Passed Without Speaking Reasons Held Invalid – Violation of Section 250(6) of Income Tax Act | Israil v. Income Tax Officer
Facts of the CaseThe
assessee is an individual who did not file a return of income for the
assessment year 2017-18. Based on information obtained during online
verification relating to cash deposits during the demonet...