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Order of CIT(A) Set Aside for Violation of Rule 46A: Matter Remanded for Fresh Adjudication on Unexplained Investment under Section 69B – ITO vs. Chunakhali Samabay Krishi Unnayan Samiti Ltd. (ITAT)
Facts of the CaseThe
assessee, Chunakhali Samabay Krishi Unnayan Samiti Limited, is a primary
agricultural cooperative society registered under the West Bengal Cooperative
Societies Act. It filed its return of income ...
Addition under Section 68 Deleted for Genuine Unsecured Loans from Related Parties: Value Plus Retail Private Limited vs. DCIT, Circle-3(1), Kolkata (ITAT)
Facts of the CaseThe
assessee, Value Plus Retail Private Limited, filed its return of income for
Assessment Year 2012-13 on 28.09.2013 declaring total income of ₹1,88,54,010.
During the year, the assessee had raised...
Rejection of Approval under Section 80G Set Aside for Procedural Lapse and Delay in Form 10AB: Loksakha Welfare Society vs. CIT (Exemption), Kolkata (ITAT)
Facts of the
CaseThe assessee,
Loksakha Welfare Society, is a charitable society incorporated on 19.01.2004
with objects including relief of the poor, education, medical relief, yoga,
preservation of environment and ...
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...