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Rejection of Form 10AB Set Aside and Registration under Section 12A Restored: St. Thomas Syro Malabar Catholic Church vs. CIT (Exemption), Kolkata (ITAT)
Facts of the CaseThe
assessee, St. Thomas Syro Malabar Catholic Church, is a charitable institution
engaged in religious and charitable activities. It was originally registered
under Section 12AA with effect from Asse...
Revenue Appeals Dismissed as Infructuous Due to Approved Resolution Plan under IBC: Income-tax Proceedings Barred by Moratorium – ITO vs. Sarga Hotel Pvt. Ltd. (ITAT)
Facts of the CaseThe
Revenue filed appeals against separate orders passed by the CIT(A), NFAC, Delhi
under Section 250 of the Income-tax Act for Assessment Years 2013-14 and
2014-15. The assessments were originally fr...
Employees’ PF and ESI Deposit on Next Working Day Due to National Holiday Allowable: Disallowance under Section 36(1)(va) Set Aside – T P Roy Chowdhury & Company Pvt. Ltd. vs. DCIT (ITAT Kolkata)
Facts of the
CaseThe assessee, T P
Roy Chowdhury & Company Pvt. Ltd., filed its return of income for
Assessment Year 2017-18 on 30.10.2017 declaring total income of ₹6,19,94,350.
During assessment, the Assessin...
Rejection of Regular Registration under Section 12A Set Aside and Matter Restored for Fresh Consideration: SRJB Memorial Trust vs. CIT (Exemption), Kolkata (ITAT)
Facts of the CaseThe
assessee, SRJB Memorial Trust, is a charitable trust based at English Bazar,
Malda. The trust filed an application for regular registration under Section
12A(1)(ac)(vi) of the Income-tax Act for A...
Reopening Quashed for Want of Prior Sanction under Section 151(2): Notice under Section 148 Issued Before Approval Held Invalid – Anusua Ghosh vs. ACIT (ITAT Kolkata)
Facts of the
CaseThe assessee filed
her return of income for Assessment Year 2014-15, which was originally
processed. The Assessing Officer issued a notice under Section 148 dated
29.03.2019 proposing reopening of th...
Addition Based Solely on Retracted Survey Statement and Dumb Document Deleted: Revenue Appeal Dismissed – DCIT vs. Sujit Arya (ITAT Kolkata)
Facts of the CaseThe
assessee, Sujit Arya, is engaged in the business of transportation of goods. A
survey under Section 133A was conducted at his business premises on 08.11.2013
during which certain documents were im...
Delay of 909 Days Condoned and Appeal Restored for Fresh Adjudication: SD Rai Prayas Educational Trust vs. ITO, Ward-50(1), Kolkata (ITAT)
Facts of the CaseThe
assessee, SD Rai Prayas Educational Trust, filed an appeal against the
assessment order for Assessment Year 2020-21 before the CIT(A). The appeal was
dismissed in limine by the CIT(A) on account o...
Natural Justice Prevails over Procedural Formalism under GST: Ex-Parte Assessment under Section 73 Set Aside by Karnataka High Court | M/s Business Aircraft Management Services Pvt. Ltd. v. State of Karnataka
M/s Business Aircraft Management Services Pvt. Ltd. v. State of KarnatakaFacts of the CaseThe petitioner was subjected to
proceedings under Section 73 of the KGST Act, 2017, culminating in an ex-parte
assessment order ...
Addition Set Aside Due to Double PAN and Matter Restored for Fresh Verification: Sandhya Das vs. Income Tax Officer, Siliguri (ITAT)
Facts of the CaseThe
assessee, Sandhya Das, filed an appeal against the order passed by the CIT(A),
NFAC for Assessment Year 2017-18. The appeal before the Tribunal was delayed by
60 days, which was duly explained. Du...
Ad-hoc Disallowance of Business Expenses Deleted Where No Penal Action or Prohibition under Law: Self-Made Vouchers Not Sufficient Ground – Aadarsh Laddha (L/H) vs. ITO (ITAT)
Facts of the CaseThe
assessee, Aadarsh Laddha, legal heir of late Kailash Chand Laddha, filed the
return of income for Assessment Year 2016-17 on 21.09.2016 declaring total
income of ₹10,55,930. The case was selecte...