Blog Categories
Subscribe to Newsletter
Join our subscribers list to get the latest Tax Updates and Opportunities.
Non-Speaking Ex-Parte CIT(A) Order Set Aside — ITAT Allahabad Directs Fresh Decision with Reasons u/s 250(6) | Sant Sharan Upadhyaya v. ITO (ITA No. 56/Alld/2023)
Facts of the CaseThe assessee filed an appeal before the CIT(A) against the
assessment order. The CIT(A) dismissed the appeal ex-parte without hearing the
assessee and without examining the merits of the grounds raised...
Ex-Parte CIT(A) Order Set Aside for Violation of Natural Justice — ITAT Allahabad Restores Appeal for Fresh Adjudication u/s 250(6) | Keshav Deo Tripathi v. ITO (ITA No. 14/Alld/2023)
Facts of the CaseThe assessee filed an appeal before the CIT(A) against the
assessment order. The CIT(A) issued multiple notices but, due to absence of
response, proceeded to pass an ex-parte order confirming the actio...
Addition for Excess Stock Based Solely on Survey Statement Unsustainable — ITAT Allahabad Deletes Addition u/s 133A Relying on S. Khader Khan Son | Shambhu Prasad Rastogi v. ITO (ITA No. 66/Alld/2023)
Facts of the CaseA survey under Section 133A was conducted at the assessee’s
jewellery shop on 06.01.2012. During the survey, the assessee allegedly
admitted that the stock of silver was approximately 200 kilograms. ...
Salary & Interest to Partners Cannot Be Disallowed If Authorized by Valid Rectified Partnership Deed — ITAT Allahabad Remands Matter for Verification | Neeraj Gas Movers v. ITO (ITA No. 55/Alld/2023)
Facts of
the CaseThe assessee, a partnership firm engaged in the business of
plying vehicles, filed its return declaring income and claimed deduction for
salary and interest on capital paid to partners. During s...
Reference to DVO Mandatory When Stamp Value is Disputed — ITAT Allahabad Remands Capital Gains Assessment u/s 50C(2) | Mohammad Nazim v. ITO (ITA No. 30/Alld/2023)
Facts of the CaseThe assessee filed his return declaring income including
capital gains from sale of land. The case was selected for limited scrutiny due
to mismatch between sale consideration reported in the return an...
Unpaid Service Tax Not Disallowable u/s 43B If No Deduction Claimed — ITAT Allahabad Deletes Addition; Partial Relief on Ad-hoc Expense Disallowances | Anil Kumar Gupta v. DCIT (ITA No. 18/Alld/2023)
Facts of the CaseThe assessee, an individual engaged in providing security
guard and manpower services, followed the mercantile system of accounting and
was registered under service tax laws. During scrutiny assessment...
Ex-Parte Dismissal by CIT(A) Without Speaking Order Set Aside — ITAT Allahabad Remands Matter for Fresh Adjudication under Section 250(6) | Denial of Section 11 Exemption Due to Form 10B Issue | Acharya Dharamchandradeo Medical & Research Trust v. DCIT (CPC), ITA No. 58/Alld/2023
Facts of the CaseThe assessee, a charitable trust registered under Sections 12A
and 80G of the Income-tax Act, filed its return of income for Assessment Year
2016-17 on 15.10.2016. The return was processed under Sectio...
Ex-Parte Dismissal Without Merits Invalid under Section 250(6): ITAT Allahabad Restores Appeal in Syed Shoeb Ashraf v. ITO
Facts of the CaseThe Assessing Officer received specific CIB information that
the assessee had deposited cash amounting to ₹82,60,000 in a business bank
account with Bank of Baroda during the relevant year. The asses...
CIT(A) Cannot Confirm Additions Ex-Parte Without Independent Findings: ITAT Allahabad Restores Case for Fresh Adjudication — Smt. Swatantra Mishra v. ITO
Facts of the CaseThe assessee filed a return declaring business income of
₹4,27,350. Based on AIR information, the Assessing Officer found that the
assessee had deposited cash of ₹46,18,300 in multiple bank account...
Rectification under Section 154 Permissible for Exemption Claim u/s 10(38): ITAT Allahabad Restores LTCG Taxation Dispute for Fresh Examination — Dr. Aroti Ghosh v. ITO
Facts of the CaseThe assessee’s case was selected for scrutiny based on AIR
information regarding share transactions amounting to ₹59,84,641. The return of
income for AY 2008-09 was filed declaring total income of ...