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ITO v. Tilak Proficient Nidhi Ltd. (ITAT Allahabad): Acceptance of Additional Evidence Without Rule 46A Compliance Invalid — Matter Restored for Fresh Adjudication
Facts of the CaseThe assessee, Tilak Proficient Nidhi Limited, filed its return
of income which was selected for scrutiny assessment. During assessment
proceedings, the Assessing Officer issued statutory notices seekin...
Hotel Kohinoor v. DCIT (CPC) (ITAT Allahabad, ITA No. 7/ALLD/2022): Scope of Adjustments under Section 143(1) — Whether Debatable Disallowances Can Be Made at Processing Stage
Facts of the CaseThe assessee, Hotel Kohinoor, filed its return of income for
the relevant assessment year. The return was processed by the Centralized
Processing Centre (CPC) under Section 143(1) of the Income-tax Act...
Indresh Kumar v. ITO (ITAT Allahabad, ITA No. 106/ALLD/2020): Assessment Framed Without Proper Opportunity — Violation of Natural Justice Leads to Remand
Facts of the CaseThe assessee, Shri Indresh Kumar, was subjected to assessment
proceedings by the Income Tax Department. During the course of the proceedings,
statutory notices were issued seeking information and expla...
Acharya Dharamchandradeo Medical College v. ITO (ITAT Allahabad, ITA No. 21/ALLD/2021): Additions in Educational/Institutional Cases — Requirement of Proper Inquiry and Evidence under the Income-tax Act, 1961
Facts of the CaseThe assessee, Acharya Dharamchandradeo Medical College (or
related institutional entity), was subjected to scrutiny assessment proceedings
by the Income Tax Department. During the course of assessment,...
Search Assessment under Sections 153A/143(3) — ITAT Allahabad in Jeevan Jyoti Charitable Trust v. ACIT (ITA No. 73/All/2019) | Validity of Post-Search Assessment and Approval Examined
Facts of the CaseA search and seizure operation under Section 132
was conducted in the Jeevan Jyoti Group on 29.05.2012. Pursuant to the search,
assessment proceedings were initiated under Section 153A.During the...
Employees’ PF/ESI Contribution Paid After Due Date — Disallowance under Section 36(1)(va) Upheld in Light of Supreme Court Ruling | ITAT Allahabad in SBW Udyog Ltd. v. DCIT
Facts of the CaseThe assessee company filed its return of income
declaring taxable income for the relevant assessment year. During
processing/assessment proceedings, it was observed that employees’
contributio...
Addition for Unexplained Investment in Cinema Business Deleted — ITAT Allahabad in K.N. International Ltd. v. ACIT | Assessment under Sections 143(3), 69 & 131
Facts of the
CaseThe assessee company was engaged in the business of
operating a cinema hall. During scrutiny assessment proceedings under Section
143(3), the Assessing Officer examined investments made in the cinema ...
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...