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Penalty u/s 272A(1)(d) Cannot Be Levied for Belated Compliance When Assessment Completed After Considering Reply — ITAT Allahabad in Suresh Kumar vs ACIT
Facts of the
CaseThe assessee, an individual, filed his return
declaring total income of ₹2,69,820 for AY 2017-18. The case was selected for
scrutiny, and notices under Sections 143(2) and 142(1) were issued
electr...
ITAT Allahabad: Jewellery of Married Women Presumed Explained under CBDT Instruction 1916 — Additions on Search Cash and Stock Partly Deleted | Sheo Chandra Gupta v. ACIT (ITAT Allahabad, 2023)
FACTS OF THE
CASEA search and seizure operation under Section 132
was conducted at the residential and business premises of the assessee engaged
in saree trading. During the search, jewellery, cash, and stock were fou...
Invalid Penalty Notice under Section 271(1)(c): ITAT Allahabad Deletes Penalty for Vague Show-Cause Notice — Bal Bharti Nursery School Case
Facts of the
CaseThe assessee, Bal Bharti Nursery School, filed
appeals before the Income Tax Appellate Tribunal, Allahabad Bench, challenging
orders of the CIT(A)/NFAC confirming penalties imposed by the Assessing Of...
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...