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Rajendra Prasad Gupta vs DCIT, Allahabad — ITAT Allahabad: Appeal Dismissed as Withdrawn After Opting for Vivad Se Vishwas Scheme; Department Directed to Consider Issuance of Form-5
Facts of the
CaseThe assessee filed an appeal
against the order of the CIT(A) for Assessment Year 1993-94. During the
hearing, the assessee informed the Tribunal that he had opted for settlement
under the Vivad Se Vi...
M/s Commercial Auto Sales Pvt. Ltd. vs ADIT (CPC), Bengaluru — ITAT Allahabad: Delayed Employees’ PF/ESI Contribution Allowed if Paid Before Return Due Date (Pre-FA 2021) u/s 36(1)(va)
Facts of the
CaseThe assessee company filed its
return declaring income of ₹6.98 crore. The return was processed under Section
143(1), wherein the CPC made an adjustment of ₹11,20,461 by disallowing
employees’ ...
Kalyan Ji Mishra vs ITO, Mirzapur — ITAT Allahabad: Penalty u/s 271(1)(c) Set Aside as Quantum Addition Remanded; Matter Restored to CIT(A)
Facts of the
CaseThe assessee filed an appeal
against the order of the CIT(A) confirming penalty imposed under Section
271(1)(c) for Assessment Year 2009-10. The penalty arose from additions made
during assessment un...
Unexplained Share Capital & Share Premium u/s 68 — ITAT Allahabad in Govind Stone Pvt. Ltd. vs ITO (AY 2013-14): Failure to Prove Identity, Creditworthiness &
Facts of the CaseThe assessee company received substantial share
capital along with a high share premium from several investor companies
allegedly based in Kolkata. The Assessing Officer (AO) observed that:
The...
Best Judgment Assessment u/s 144 Without Rejection of Books u/s 145(3) Invalid — ITAT Allahabad in Monad Infrasolution Ltd. vs ITO (AY 2015-16): Violation of Natural Justice
Facts of the
CaseThe assessee company, engaged in real estate
development, filed its return declaring a modest income for Assessment Year
2015-16. The case was selected for limited scrutiny regarding:
Correct report...
Penalty u/s 271D for Cash Loans from Director Upheld: ITAT Allahabad in H.K. Infraventure Pvt. Ltd. v. JCIT (Violation of Section 269SS)
Facts of the
CaseThe assessee, a private limited company, was
subjected to search-related assessment proceedings. During examination of
financial transactions, it was found that the company had received a
substantial...
Disallowance of Employees’ PF/ESI Contribution u/s 36(1)(va) Confirmed: ITAT Allahabad in SBW Udyog Ltd. v. DCIT Following Supreme Court Ruling in Checkmate Services Pvt. Ltd.
Facts of the CaseThe assessee, SBW Udyog Ltd., filed appeals against
orders of the Commissioner of Income Tax (Appeals), National Faceless Appeal
Centre, for Assessment Years 2017-18 and 2019-20. The Assessing Officer ...
ACIT, Central Circle, Allahabad vs M/s Subhash Stone Products — ITAT Allahabad: CIT(A) Order Set Aside for Rule 46A Violation; Fresh Adjudication Directed in Search Assessment u/s 153C
Facts of the
CaseThe Revenue conducted search and
seizure operations under Section 132 on the Vaish Group on 3 February 2011,
along with survey proceedings under Section 133A. Based on seized material,
proceedings un...
Shri Gaus Mohammad vs ITO, Ambedkar Nagar — ITAT Allahabad: Addition on Cash Deposits Set Aside for Verification of Will; Matter Remanded to AO
Facts of the
CaseThe assessee, an individual, had
not filed a return of income for the relevant assessment year. Based on AIR
information regarding cash deposits of ₹19,01,000 in his savings bank account,
the Asses...
Ghaus Memorial Sahkari Awas Samiti Ltd. vs ACIT (ITAT Allahabad)
Facts of the
CaseThe assessee, a cooperative housing society,
received advances from members towards land purchase. During assessment
proceedings for Assessment Year 2001-02, the Assessing Officer (AO) treated
certai...