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ITAT Allahabad

Latest Posts in ITAT Allahabad

ITAT upheld validity of rectified partnership deed

October 25, 2023 441 Views 0 comment Print

Neeraj Gas Movers successfully argues for the validity of a rectified partnership deed, leading to the approval of salary and interest claims by ITAT.

Additions on the basis of incriminating material obtained during survey is justified

April 24, 2023 1266 Views 0 comment Print

ITAT Allahabad held that additions made based on the incriminating material (being excess stock) found during survey conducted u/s 133A of the Income Tax Act is justifiable.

ITAT dismisses appeal filed for non-payment of appeal fee

April 18, 2023 432 Views 0 comment Print

Society for Welfare and Advancement of Rural Generation (SWARG) Vs DCIT (ITAT Allahabad) Assessee was required to pay the appeal fee of Rs. 10,000/- as per section 253(6)(c) of the Income Tax Act but despite repeated defect notices issued to the assessee as per the directions of this Bench, neither the assessee has made up […]

Ex-parte appellate order without providing opportunity under faceless scheme is unjustified

March 30, 2023 1164 Views 0 comment Print

ITAT Allahabad held that passing an ex-parte appellate order without providing any opportunity even in case of faceless assessment proceedings unjustified as adherence to Principles of natural justice is one of the most important pillar of the effective judicial delivery system.

Addition upto limit of gold jewellery/ ornaments allowed as per CBDT Circular dated 11th May 1994 is unsustainable

February 18, 2023 7872 Views 0 comment Print

ITAT Allahabad held that allowable limit as CBDT circular dated 11th May 1994 is the gold jewellery and ornaments to the extent of 500 grams per married lady, 250 grams per unmarried lady and 100 grams per male member of the family. Accordingly, no addition to that extent on account of unexplained investment in jewellery can be sustained.

Interest on capital accounts of partners to be calculated on actual duration basis

January 16, 2023 13383 Views 0 comment Print

ITAT Allahabad held that the interests on the credit balance in the capital account of the partners of the firms has to be calculated on the actual duration of the credit remains in the capital account and not on opening or closing day of financial year.

Order recalled as crucial facts not produced before earlier authorities

December 26, 2022 426 Views 0 comment Print

ITAT Allahabad held that facts brought to the notice of this Tribunal are relevant and very crucial for deciding the issue under consideration. Since the facts were not produced before earlier authorities impugned order is recalled

Declaration of commission income under presumptive provisions & Double addition by CPC- ITAT refers matter back to AO

December 26, 2022 7746 Views 0 comment Print

Pramod Kumar Tiwari Vs DCIT (ITAT Allahabad) in the case in hand, the assessee has admittedly filed the return under wrong provisions of presumptive tax under section 44ADA whereas the commission income as reflected in Form 26AS is subjected to TDS under section 194H and is required to be declared in Form ITR 3 as […]

No penalty for non-compliance when Assessment was made after considering reply of assessee

December 1, 2022 4134 Views 0 comment Print

Hanuman Prasad & Sons Vs DCIT/ACIT/ITO (ITAT Allahabad) In this case assessee has not only replied the notice but also replied to the letter issued by AO. After considering the reply of the assessee, the Assessing Officer framed the assessment under section 143(3) on 28th December, 2019. Once the assessee has made the compliance though […]

Rejection of application for grant of approval u/s 10(23C)(vi) needs detailed analysis

October 11, 2022 1419 Views 0 comment Print

ITAT Allahabad held that while rejecting the application for grant of approval u/s 10(23C)(vi) CCIT has not dealt with all the aspects in a comprehensive manner and hence the matter restored back for passing detailed and exhaustive order.

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