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Mahendra Singh Rathore vs. Income Tax Officer, Ward-III(2), Mirzapur — ITAT Allahabad on Applicability of Section 50C to Sale of Land Alleged as Tenancy (Bhumidari) Rights
Facts of the
CaseThe assessees, being co-owners,
sold immovable property for a consideration significantly lower than the stamp
duty valuation adopted by the authorities. The Assessing Officer invoked
Section 50C of ...
ASHOK KUMAR SINGH,MIRZAPUR VS. JOINT DIRECTOR OF INCOME TAX (I & CI), LUCKNOW
Facts of the CaseThe assessee filed an appeal before the
Commissioner of Income Tax (Appeals) [CIT(A)] against the assessment order
beyond the prescribed limitation period. The delay extended substantially
beyond the ...
Addition under Section 69A Based Solely on Suspicion Deleted — ITAT Allahabad in Laxmi Rathaur v. ITO (ITA No. 12/ALLD/2021) Clarifies Burden of Proof in Unexplained Money Cases
Facts of the
CaseThe assessee, an individual, was subjected to
scrutiny assessment wherein the Assessing Officer noticed cash deposits in the
bank account during the relevant financial year. The Assessing Officer trea...
Ram Manohar Kesarwani vs ITO, Allahabad — ITAT Allahabad Sets Aside Ex-Parte CIT(A) Order for Violation of Natural Justice; Matter Remanded for Fresh Adjudication
Facts of the
CaseThe assessee filed an appeal
before the Tribunal against the order of the CIT(A) relating to Assessment Year
2012-13. The assessment had been completed under Section 143(3), resulting in
various addi...
Opting for Vivad Se Vishwas Scheme Leads to Withdrawal of Appeal — ITAT Allahabad in Jagdish Housing Company vs DCIT (ITA No. 381/ALLD/2014, AY 1994-95)
Facts of the
CaseThe assessee, Jagdish Housing Company, filed an
appeal before the Income Tax Appellate Tribunal (ITAT), Allahabad Bench against
the order of the Commissioner of Income Tax (Appeals) dated 11.03.2014 f...
High Court Bar Association, Allahabad vs CIT (Exemptions), Lucknow — ITAT Allahabad: Rejection of Registration u/s 12AA Set Aside; Matter Remanded for Fresh Decision on Merits
Facts of the
CaseThe assessee, High Court Bar
Association, Allahabad, filed an application seeking registration under Section
12AA. The Association, established in 1958, claimed to function as a mutual
body of practi...
Rajendra Prasad Gupta vs DCIT, Allahabad — ITAT Allahabad: Appeal Dismissed as Withdrawn After Opting for Vivad Se Vishwas Scheme; Department Directed to Consider Issuance of Form-5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...