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Mechanical Approval under Section 153D and Additions Based on Dumb Documents Held Invalid: ITAT Allahabad Decides Ramji Vaish vs DCIT, Central Circle (Search Assessments AYs 2005-06 to 2011-12)
Facts of the CaseA search and seizure operation under
section 132(1) of the Income-tax Act, 1961 was conducted on 03.02.2011 in the
Ramji Vaish Group, including the assessee, Shri Ramji Vaish, Allahabad.
Pursuant to t...
Ex-Parte Assessment and Appellate Order Set Aside for Lack of Reasonable Opportunity: ITAT Allahabad Restores Matter in Ram Pravesh Singh vs ACIT, Circle-3, Mirzapur (AY 2015-16)
Facts of the CaseThe assessee filed his return of
income for Assessment Year 2015-16 on 15.12.2015 declaring total income of
₹24,00,090. The Assessing Officer completed the assessment under sections
143(3) / 144 of ...
Search Assessments Vitiated by Mechanical Approval under Section 153D and Estimation Without Incriminating Material: ITAT Allahabad in Subhash Stone Product (P.) Ltd. vs ACIT, Central Circle (AYs 2005-06 to 2011-12)
Facts of the CaseA search and seizure operation under
section 132(1) of the Income-tax Act, 1961 was conducted on 03.02.2011 in the
Ramji Vaish Group, which included M/s Subhash Stone Product (P.) Ltd.,
Sonebhadra. Pu...
Mechanical Approval under Section 153D and Additions Based on Dumb Documents Set Aside: ITAT Allahabad in Jai Maa Sharda Service Station vs ACIT, Central Circle (Search Assessments AYs 2010-11 & 2011-12)
Facts of the CaseA search and seizure operation under
section 132(1) of the Income-tax Act, 1961 was conducted on 03.02.2011 in the
Ramji Vaish Group, which included M/s Jai Maa Sharda Service Station,
Sonebhadra. Pur...
Mechanical Approval under Section 153D and Additions Based on Dumb Documents Invalid: ITAT Allahabad Decides Group Search Cases in ACIT vs Vijay Stone Product, Sonebhadra (AYs 2005-06 to 2011-12)
Facts of the CaseA search and seizure operation under
section 132(1) of the Income-tax Act, 1961 was conducted on 03.02.2011 in the
Ramji Vaish Group, which included Vijay Stone Product, M/s Subhash Stone
Product (P) ...
Cash Deposits Treated as Unexplained under Section 69A Upheld: ITAT Allahabad Dismisses Appeal in Sangam Eanta Udyog vs NFAC, Delhi (AY 2015-16)
Facts of the CaseThe assessee, a partnership firm
engaged in brick kiln business, did not file its return of income for
Assessment Year 2015-16. Reassessment proceedings were initiated under section
147 of the Income-...
Addition under Section 50C/43CA Without Valuation Cell Reference Set Aside: ITAT Allahabad Restores Assessment and Penalty in H.K. Infraventure Pvt. Ltd. vs ACIT, Central Circle (AY 2015-16)
Facts of the CaseThe assessee company sold two flats
during Assessment Year 2015-16 at values lower than the circle rate. The
Assessing Officer completed the assessment under section 143(3) of the
Income-tax Act, 1961...
Addition under Section 50C Without Valuation Reference Not Sustainable: ITAT Allahabad Restores Matter in H. K. Infraventure Pvt. Ltd. vs ACIT / CIT(A), NFAC (AY 2015-16)
Facts of the CaseThe assessee company sold two flats
during Assessment Year 2015-16 at prices lower than the circle rate. The
Assessing Officer completed the assessment under section 143(3) and made an
addition of ₹...
Ex-Parte Reassessment and Penalty Orders Set Aside for Violation of Natural Justice: ITAT Allahabad Restores Quantum and Penalty Issues for Fresh Adjudication – Shervani Sugar Syndicate Ltd. (AY 2012-13)
Facts of the CaseThe
assessee, Shervani Sugar Syndicate Limited, was subjected to
reassessment proceedings for Assessment Year 2012-13. The Assessing Officer
passed an ex-parte reassessment order dated 16.12.2019 unde...
Ex-Parte Assessment and Appellate Order Set Aside for Violation of Section 250(6): ITAT Allahabad Restores Matter for De Novo Assessment – Ramanand Gupta vs ITO (AY 2017-18)
Facts of the CaseThe
assessee, an individual, was subjected to assessment proceedings for Assessment
Year 2017-18. The Assessing Officer passed an ex-parte assessment order dated
19.12.2019 under section 144 of the In...