Reassessment Based on Form 16A Discrepancy Valid, but Addition for Alleged Undisclosed Receipts Deleted — ITAT Allahabad in M/s Deora Electric Works vs. DCIT Circle-1, Allahabad (ITA Nos.99 & 101/Alld/2020, AY 2009-10)

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Facts of the CaseThe assessee filed its return declaring income of ₹17,40,230, and assessment was completed under section 143(3). Later, the Assessing Officer observed that contractual receipts shown in the accounts ...

Demonetization Cash Deposits from Petrol Pump Sales Cannot Be Treated as Unexplained Without Disproving Books — ITAT Allahabad Deletes Addition u/s 69A in Asha Tewari vs. ITO Maharajganj (ITA No.75/ALLD/2024, AY 2017-18)

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Facts of the CaseThe assessee, an authorized dealer of Indian Oil Corporation operating a petrol pump, deposited substantial cash during the demonetization period. The Assessing Officer observed deposits of ₹1.51 cro...

Profit Estimation in Survey Cases — ITAT Allahabad Fixes 3.5% Net Profit for Sub-Contractor After Rejection of Books u/s 145(3) in M/s Jyoti Erectors Pvt. Ltd. vs. DCIT Circle-2, Allahabad (ITA No.77/ALLD/2020, AY 2016-17)

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Facts of the CaseA survey under section 133A was conducted at the premises of the assessee company. During the survey, a statement of a director/partner indicated estimated turnover and income figures. Subsequently, th...

Section 44AD Not Applicable to Co-operative Society — ITAT Allahabad Sets Aside Best Judgment Assessment on Demonetization Deposits in Itaili Sadhan Sahkari Samiti Ltd. vs. ITO-2(4), Fatehpur (ITA No.58/ALLD/2024, AY 2017-18)

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Facts of the CaseThe assessee, a registered co-operative society engaged in supplying seeds and fertilizers to its members, deposited ₹16,44,100 in cash during the demonetization period and did not file a return with...

Revised Return Filed with Inflated Turnover for Tender Qualification Requires Verification — ITAT Allahabad Remands Assessment in ACIT Circle-3, Mirzapur vs. M/s N. Chaurasia Associates, Sonebhadra (ITA Nos. 41 & 29/ALLD/2019, AY 2014-15)

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Facts of the CaseThe assessee, a civil contractor, originally filed a return declaring contract receipts of ₹5,46,10,926 and income of ₹18,67,570. The return was processed under section 143(1) and refund was issued...

Accumulation of Income Without Form 10 — ITAT Allahabad Restores Matter for Verification of Compliance u/s 11(2) & 11(5) in Hindi Sahitya Sammelan vs. ITO (Exemption), Allahabad (ITA No.123/ALLD/2024, AY 2013-14)

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Facts of the CaseThe assessee, a registered educational society, reported gross receipts of ₹4,12,26,286 during the relevant assessment year. Out of this, it spent ₹3,30,91,277 on revenue expenditure, ₹19,303 on ...

Reopening Based on Form 16A–P&L Discrepancy Upheld, but Addition for Alleged Undisclosed Receipts Deleted — ITAT Allahabad in DCIT Circle-1, Allahabad vs. M/s Deora Electric Works (ITA Nos.99 & 101/Alld/2020, AY 2009-10)

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Facts of the CaseThe assessee filed its return declaring income of ₹17,40,230, and assessment was completed under section 143(3). Subsequently, the Assessing Officer observed a discrepancy between contractual receipt...

Estimation of Profit After Rejection of Books u/s 145(3) — ITAT Allahabad Reduces Net Profit Rate from 2% to 0.7% in Livestock Trading Case of Ataul Mustafa vs. DCIT Circle-2, Allahabad (ITA No.84/ALLD/2023, AY 2013-14)

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Facts of the CaseThe assessee was engaged in the wholesale business of supplying livestock (buffaloes) to export houses. He reported sales of ₹17,10,18,753 with a declared net profit of ₹8,23,712, representing app...

Additions Based on Disputed Bank Account Ownership Set Aside — ITAT Allahabad Orders Verification of Real Operator/Beneficiary in Amresh Kumar Singh vs. ITO Ward-2(1), Allahabad (ITA Nos.108 & 109/Alld/2024, AYs 2011-12 & 2012-13)

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Facts of the CaseThe Assessing Officer received information regarding substantial credits in a bank account maintained with Jammu & Kashmir Bank in the name of M/s Elina Medi Services, allegedly a proprietary conce...

Reassessment u/s 147 & Addition u/s 69 on Auto-Sweep Fixed Deposits Set Aside — ITAT Allahabad Orders De Novo Assessment in Alfalah Educational & Welfare Society vs. Assessment Unit, ITD, Delhi (ITA No.144/ALLD/2024, AY 2015-16)

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the assistance Facts of the CaseThe assessee society did not file a return of income for Assessment Year 2015-16. The Income Tax Department received information that the assessee had made time deposits amounting to ₹...