ITAT Allahabad

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

Shakun Devi Vs JCIT (ITAT Allahabad)

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....

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

Savla Agencies Vs JCIT (ITAT Allahabad)

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....

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Order recalled as crucial facts not produced before earlier authorities

Roop Narayan Pandey Vs ITO (ITAT Allahabad)

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...

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

Pramod Kumar Tiwari Vs DCIT (ITAT Allahabad)

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 […]...

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

Hanuman Prasad & Sons Vs DCIT/ACIT/ITO (ITAT Allahabad)

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 thoug...

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

Hindi Sahitya Sammelan Vs Chief Commissioner of Income Tax (ITAT Allahabad)

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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No addition for cash deposit during demonetization out of duly explained past saving

Sudhir Kumar Tiwari Vs ITO (ITAT Allahabad)

Sudhir Kumar Tiwari Vs ITO (ITAT Allahabad) It is apparent that the Assessing Officer initially initiated the scrutiny proceedings to examine the cash deposit of Rs. 18,00,000/- during the demonetization period. However, on verification of the bank account as well as the reply of the assessee as well as bank, the Assessing Officer found t...

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Income from funds diverted at source under liquidation not taxable

JCIT Vs General Co. Op Bank Ltd (ITAT Ahmedabad)

Held that as per section 21(2) of Deposit, Insurance and Credit Guarantee Corporation of India all the funds realized by Bank under liquidation are diverted at source. Such funds are not available to the assessee as income and hence such income is not taxable in the hands of the assessee....

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Genuineness of Will cannot be doubted without proper enquiry

Gaus Mohammad Vs ITO (ITAT Allahabad)

Gaus Mohammad Vs ITO (ITAT Allahabad) Assessing Officer as well as the CIT(A) doubted the genuineness of the Will in question without conducting any enquiry or examination of the genuineness. The assessee has produced the affidavit of one of the attesting witness of the Will to prove the Will executed by his father. Therefore, it [&hellip...

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Addition u/s 68 sustained as onus to prove identity & creditworthiness of creditors not discharged

Ghaus Memorial Sahkari Awas Samiti Ltd. Vs ACIT (ITAT Allahabad)

Held that assessee failed to explain identity and creditworthiness of the creditors and genuineness of the transaction. Accordingly, addition u/s 68 sustained....

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