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Suppressed Production Addition Based on Hypothetical Yield and Without Rejection of Books Held Invalid in Search Assessment – Principle of Consistency Reaffirmed | Kesarwani Zarda Bhandar v. JCIT
Facts of the CaseA
search and seizure operation under section 132 of the Income Tax Act, 1961 was
conducted on 27/08/2009 at the business and residential premises of the
assessee, a partnership firm engaged in the man...
Additions for Alleged Suppressed Production Without Incriminating Search Material Held Unsustainable – ITAT Applies Consistency and Rejects Arbitrary Yield Estimation | ACIT v. Kesarwani Zarda Bhandar
Facts of the CaseA
search under section 132 of the Income Tax Act, 1961 was conducted on
27/08/2009 at the premises of the assessee, a partnership firm engaged in the
manufacture and sale of chewing tobacco (Zarda), a...
Charitable Exemption Cannot Be Denied for Technical Errors in Return and Audit Report – ITAT Allows Exemption to Registered Society | Abhiyan International Samiti v. ITO (Exemption)
Facts of the CaseThe
assessee is a society registered under the Societies Registration Act, 1860 and
is also registered under sections 12AA and 80G of the Income Tax Act, 1961. For
the assessment year 2019-20, the ass...
Ex-Parte Assessment and Appellate Orders Passed Without Grant of Opportunity of Hearing Set Aside – Matter Remanded for De Novo Assessment | Seema Pal v. ITO
Facts of the CaseThe
assessee is an individual engaged in business as the proprietor of M/s Ashish
Khad Bhandar. For the assessment year 2017-18, the Assessing Officer completed
the assessment under section 144 of the...
Dismissal of Appeal on Limitation Without Considering “Sufficient Cause” Held Unsustainable – Delay to be Condoned Under Section 249(3) | Jan Shiksha Vikash Samiti v. ITO (Exemption)
Facts of the CaseThe
assessee is an Association of Persons (AOP) which did not file its income tax
return for the assessment year 2011-12. During the relevant year, the assessee
deposited cash amounting to ₹17,79,22...
Ex-Parte Appellate Order Passed Without Speaking Reasons Held Invalid – Violation of Section 250(6) of Income Tax Act | Israil v. Income Tax Officer
Facts of the CaseThe
assessee is an individual who did not file a return of income for the
assessment year 2017-18. Based on information obtained during online
verification relating to cash deposits during the demonet...
Ex-Parte Assessment and Appellate Orders Without Grant of Opportunity of Hearing Held Invalid – ITAT Allahabad Remands Matter for De Novo Assessment | Harish Chandra Mishra v. ITO
Facts of the CaseThe
assessee is an individual engaged in agricultural activities. For the
assessment year 2016-17, the assessee did not file a return of income. During
the relevant period, the assessee purchased an i...
Delay in Filing Appeal Due to Medical Condition and COVID-19 Lockdown Deserves Condonation: ITAT Allahabad in Alok Rai v. ITO (NFAC)
Facts of the CaseThe
assessee, Alok Rai, filed an appeal before the Income Tax Appellate Tribunal
against the order of the Commissioner of Income Tax (Appeals), NFAC, for
Assessment Year 2014-15.The assessment was com...
Manual Filing of Appeal Within Limitation Cannot Be Ignored Due to Subsequent E-Filing: ITAT Allahabad in Aroti Ghosh v. ITO
Facts of the CaseThe
assessee, Aroti Ghosh, preferred an appeal before the Income Tax Appellate
Tribunal against the order passed by the Commissioner of Income Tax (Appeals),
NFAC, for Assessment Year 2008-09.
The CI...
Penalty under Section 270A Cannot Survive When Quantum Assessment Is Set Aside: ITAT Allahabad in Anurag Jaiswal v. ITO
Facts of the CaseThe
assessee, Anurag Jaiswal, filed an appeal before the Income Tax Appellate
Tribunal, Allahabad Bench, against the order passed by the Commissioner of
Income Tax (Appeals), which confirmed a penalty...