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Ex-Parte Dismissal by CIT(A) Without Merits Held Invalid — ITAT Allahabad in Hari Shankar Mishra v. ACIT (AY 2006-07) | Matter Remanded under Section 250(6)
Facts of the CaseThe assessee filed a return of income for
Assessment Year 2006-07. Subsequently, reassessment proceedings were initiated
under Sections 147 and 148, culminating in an assessment under Section 147 read
...
Delayed Deposit of Employees’ PF/ESI Contribution — Deductible if Paid Before Return Filing Due Date? ITAT Allahabad in M/s Udvasit Berojgar Sahakari Shram Samvida Samiti Ltd (AY 2018-19) | Sections 36(1)(va), 43B, 2(24)(x), 143(1)
Facts of the
CaseThe assessee, a cooperative labour contract
society, filed its return of income for Assessment Year 2018-19. Employees’
contributions towards EPF/ESI were deposited after the due dates prescribed
u...
Ex-Parte Best Judgment Assessment under Section 144 Cannot Be Based Solely on Bank Deposits Without Proper Verification — ITAT Allahabad in Hotel Ajay International v. ACIT (AY 2015-16)
Facts of the
CaseThe assessee filed its return of income declaring
nil income for Assessment Year 2015-16. However, the return lacked essential
particulars and details. Despite issuance of statutory notices under Sect...
Deduction u/s 80P on Commission Income of Cane Cooperative Societies — Registration Status, Nature of Activity & Taxability of Interest Income | ITO v. Sahkari Ganna Vikas Samiti (ITAT Allahabad)
Facts of the
CaseThe assessee claimed to be a cooperative society
engaged in marketing agricultural produce (sugarcane) grown by its members and
providing agricultural inputs such as fertilizers, seeds, and equipment....
Disallowance under Section 14A Cannot Exceed Exempt Income — ITAT Allahabad in Sutluj Industries Ltd. v. DCIT (ITA No. 28/ALLD/2020)
Facts of the CaseThe assessee company earned certain exempt income
during the relevant assessment year. During scrutiny assessment under Section
143(3), the Assessing Officer invoked Section 14A read with Rule 8D...
Search Assessment under Section 153A Without Incriminating Material Held Unsustainable — ITAT Allahabad in Subhash Stone Industries Pvt. Ltd. v. DCIT (AY 2008-09)
Facts of the
CaseA search and seizure operation under Section 132
was conducted in the case of the assessee company. Pursuant to the search,
assessment proceedings were initiated under Section 153A.The Assessing Offic...
Compulsory Scrutiny Selection Without Mandatory Approval Held Invalid — ITAT Allahabad in Girdhar Gopal Rastogi v. CIT (ITA No. 162/ALLD/2019) | Assessment Quashed for Lack of Jurisdiction
Facts of the
CaseThe assessee’s case was selected for compulsory
scrutiny assessment, and notice under Section 143(2) was issued. Subsequently,
the Assessing Officer completed the assessment under Section 143(3).The...
Section 68 Addition for Cash Deposits in Bank Deleted — Source Explained as Business Receipts | ITAT Allahabad in J.P. Yadav v. ACIT (ITA No. 319A/ALLD/2018)
Facts of the
CaseDuring scrutiny assessment proceedings, the
Assessing Officer noticed substantial cash deposits in the assessee’s bank
account. The Assessing Officer treated these deposits as unexplained cash
cred...
Employees’ Contribution to PF & ESI Paid Before Return Filing Due Date Allowable — ITAT Allahabad in Vikarma Sharma v. CIT(A) (NFAC), ITA No. 22/ALLD/2021 (Sections 36(1)(va) & 43B)
Facts of the
CaseThe assessee had deposited employees’ contribution
towards Provident Fund (PF) and Employees’ State Insurance (ESI) after the due
dates prescribed under the respective welfare statutes but before ...
Addition on Gross Commission Based on Form 26AS Beyond Scope of Section 143(1) Adjustment — ITAT Allahabad in Pramod Kumar Tandon v. DCIT, ITA No. 2/ALLD/2022 (Sections 143(1), 44ADA, 194H)
Facts of the
CaseThe assessee, an individual, earned commission
income which was reflected in Form 26AS and subjected to tax deduction at
source under Section 194H. The assessee filed the return of income declaring
b...