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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...
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...
Estimated Income under Section 145(3) Reduced by Deducting Declared Business Income: Assessee Entitled to Set-Off of Returned Profit – Ashok Prasad Gupta vs. ITO (ITAT)
Facts of the CaseThe
assessee, an individual engaged in the country liquor business, filed his
return of income for Assessment Year 2017-18 on 04.01.2017 declaring total
income of ₹3,97,510. The case was selected fo...
Addition under Section 68 Deleted Where Identity, Creditworthiness and Genuineness Established: Pancham Marketings Pvt. Ltd. vs. DCIT, Circle-5(1), Kolkata (ITAT)
Facts of the CaseThe
assessee, Pancham Marketings Pvt. Ltd., filed its return of income for
Assessment Year 2022-23 on 30.09.2022 declaring total income of ₹21,96,23,000
and book profit under Section 115JB of ₹21,...