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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...
Jagdish Bahadur Educational Society vs ITO (Exemption), Allahabad — ITAT Allahabad: New Exemption Claim u/s 10(23C)(iiiad) Not Permissible via Rectification u/s 154
Facts of the
CaseThe assessee society filed its
return declaring NIL income and claimed exemption under Sections 11 and 12,
despite not having registration under Section 12A at the relevant time. The
return was proce...
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...
Shri Neeraj Maheshwari v. ITO — ITAT Allahabad on Assessment Additions & Evidentiary Burden under the Income-tax Act (ITA No. 18/A/2021)
Facts of the
CaseThe assessee, Shri Neeraj
Maheshwari, filed his return of income which was subsequently selected for
scrutiny by the Assessing Officer (AO). During the assessment proceedings, the
AO examined certain...
Section 68 & 153A — No Addition Without Incriminating Material in Search Assessments: ITAT Allahabad (Dissenting Order) in ACIT vs. Sunshine Infraestate Pvt. Ltd., AY 2011-12
Facts of the
CaseThe assessee, a real estate
company, was subjected to search and seizure proceedings under Section 132 on
05.12.2013 as part of a group search. Pursuant thereto, notice under Section
153A was issued ...