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Ex-Parte Order Without Hearing Violates Natural Justice: ITAT Allahabad Sets Aside CIT(A) Order under Section 250(6) — Nawab Ali Fatehpura Pakaddi Case
Facts of the
CaseThe assessee, Nawab Ali Fatehpura Pakaddi, filed an
appeal before the Income Tax Appellate Tribunal, Allahabad Bench, challenging
the order of the CIT(A)/NFAC dated 15.06.2022 for Assessment Year 2017...
Penalty u/s 271B Not Sustainable if Turnover Below ₹1 Crore After Excluding Capital Receipt — ITAT Allahabad in Mohd. Aslam vs CIT(A)
Facts of the
CaseThe assessee filed an appeal against the order of
the Commissioner of Income Tax (Appeals), NFAC, confirming penalty of ₹55,660
imposed under Section 271B for failure to obtain tax audit under Secti...
Ex-Parte Order by CIT(A) Without Reasoned Findings Violates Section 250(6): ITAT Allahabad Remands Case — Hanuman Prasad and Sons vs ITO (AY 2017-18)
Facts of the
CaseThe assessee filed an appeal against the order of
the Commissioner of Income Tax (Appeals), NFAC, which had confirmed the
assessment order ex-parte. The assessee submitted that notices were issued
du...
Penalty u/s 271(1)(b) Deleted for Belated Compliance & Ex-Parte Order Set Aside for Fresh Adjudication — ITAT Allahabad in Grijesh Tiwari v. ITO (AY 2012-13)
Facts of the
CaseThe assessee filed two appeals before the Income
Tax Appellate Tribunal, Allahabad Bench, against orders of the Commissioner of
Income Tax (Appeals)/NFAC dated 17.02.2023 for Assessment Year 2012-13.
...
Agricultural Income Claim Rejected Due to Lack of Evidence — ITAT Upholds Addition of Cash Deposits as Unexplained Income | Sec. 68, 69A, 147, 148 | Satya Prakash Gupta (Legal Heir) v. ACIT
Facts of the
CaseThe assessee’s assessment for multiple years was
reopened under Sections 147/148. During reassessment, the assessee declared
minimal taxable income but claimed substantial agricultural income as exe...
CIT(A) Order Passed Before Scheduled Hearing Date Held Invalid — ITAT Allahabad Sets Aside Ex-Parte Order for Violation of Natural Justice | Jai Prakash Singh v. Pr. CIT | AY 2014-15
Facts of the
CaseThe assessee filed an appeal
against the order of the Commissioner of Income Tax (Appeals), National
Faceless Appeal Centre, for Assessment Year 2014-15. When the matter came up
before the Tribunal, ...
ITAT Allahabad: Mandatory DVO Reference When Stamp Duty Value Disputed — Addition under Section 50C Set Aside for Denovo Assessment | Ajay Kumar Gupta v. ITO (ITA No. 19/Alld/2023)
Facts of the
CaseThe assessee filed a return declaring income of
₹4,78,720. The case was selected for limited scrutiny to examine capital gains
on sale of property.During the year, the assessee sold agricultural
la...
ITAT Allahabad: Only Peak Credit Taxable on Unexplained Cash Deposits — Matter Remanded for Verification of Third-Party Deposits | Irfan Ahmad v. ITO (ITA No. 26/ALLD/2022) | Sections 147, 148, 44AD
Facts of the CaseThe assessee had substantial cash deposits
exceeding ₹18 lakh in his bank account during the relevant assessment year. No
return of income was originally filed. Based on AIR information regarding the...
ITAT Allahabad: Auditor’s Error in Form 3CD Cannot Trigger Addition When Income Properly Disclosed — Brajesh Agrawal v. Asst. DIT (ITA No. 3/ALLD/2023) | Section 44AB & Computation of Income
Facts of the
CaseThe assessee’s accounts were subjected to tax audit
under Section 44AB, and the auditor furnished Form No. 3CD. In Clause 16(d) of
the audit report, certain income was reported in a manner suggestin...
Taxability of Capital Gain — Year of Transfer, Sale Deed Evidence, and Addition under Section 143(3) — ITAT Allahabad in Ramesh Chandra Vaish vs. ACIT (AYs 2014–15 & 2015–16)
Facts of the
CaseThe assessee filed appeals before the Income Tax
Appellate Tribunal against orders of the Commissioner of Income Tax (Appeals)
for Assessment Years 2014–15 and 2015–16. The dispute arose from addi...