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 ₹...

ITAT Allahabad Remands Additions for Capital Gains, Donation, and Cash Deposits: Smt. Ranjana Bajpai vs. DCIT — Fresh Opportunity to Explain Source of Funds

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Facts of the CaseThe appeal arose from an order dated 22.12.2023 passed by the Commissioner of Income Tax (Appeals), NFAC, for Assessment Year 2009-10.The Assessing Officer had reopened the assessment under Section 147...