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ITAT Allahabad

ITAT confirms addition of unexplained cash deposited in bank account

November 17, 2021 3933 Views 0 comment Print

Shaheen Khan Vs ITO (ITAT Allahabad) Facts- The main sources of income of the assessee were from interest on FDRs, interest on saving bank account and interest income of his minor son and daughter. ROI of the assessee was processed by Revenue u/s 143(1) of the Act, and later on the case of the assessee […]

Delayed employees contribution to PF/ESIC deposited before due date of filing ROI u/s 139(1) is allowed as deduction

August 12, 2021 3567 Views 0 comment Print

Main issue involved in the matter was that Employees contribution to VPF was deposited after due dates under explanation to section 36(1)(va) but before the end of relevant previous year is allowable deduction or not.

Cost of Land Conversion from Leasehold to Freehold allowable as Improvement Cost

July 9, 2021 13851 Views 0 comment Print

Sujit Majumdar Vs ITO (ITAT Allahabad) The issue before us is within narrow compass and concerns itself with the allowability of deduction u/s 48 towards cost of improvement with respect to amount paid by the assessee towards his share towards conversion of aforesaid property from leasehold to freehold. We have also carefully gone through the […]

Addition on protective basis not justified when AO already taxed on substantive basis

April 15, 2021 6132 Views 0 comment Print

Once the substantive assessment in the case of Mr. Siya Ram Gupta was confirmed , the protective assessment had no independent standing but dependent on the final outcome of the substantive assessment. CIT(A) was right for deleting the addition on protective basis on the ground that AO had already taxed the same in the hands of Mr. Siya Ram Gupta on substantive basis.

Section 68 addition justified for Bogus Unexplained Creditors

March 10, 2021 5721 Views 0 comment Print

Malay Prasad Vs ACIT (ITAT Allahabad) As could be seen from provisions of Section 68 of the 1961 Act that if any sum is found credited in the books of accounts maintained for any previous year , and the assessee offers no explanation about the nature and source thereof or the explanation offered by the […]

Section 271(1)(b) penalty not imposable when assessee finally complied with notice(s)

February 25, 2021 85539 Views 1 comment Print

Gyan Mata Radha Satyam Kriyayog Ashram Research Institute Vs ITO (ITAT Allahabad) On the one hand, the Assessing Officer has given the date of compliances in the above table whereas the penalty was imposed on the ground that the above notices were not complied by the assessee. Further, the Assessing Officer has also stated that […]

If books of Accounts are rejected than estimation of Income is justified

February 22, 2021 1614 Views 0 comment Print

Once the books of account of assessee were rejected for want of supporting vouchers and details then the income of assessee was required to be estimated thus, there were no error or illegality in the impugned order of CIT(A) in estimating the income of assessee by applying N.P. at 1% which was a reasonable and justified.

No deduction to Trust for Donation for activity which ultra vires to object clause of assessee

February 18, 2021 2874 Views 0 comment Print

Nazareth Hospital Society Vs DCIT Exemption (ITAT Allahabad) In the instant case before us, we have observed that the objects of the donor viz. assessee only permitted to engage in activities to establish and run hospitals, nursing homes, welfare homes, rest houses for the good and benefit of the people, and other objects which are […]

Receipts inextricably linked to project under implementation are capital receipt

January 29, 2021 939 Views 0 comment Print

Meja Urja Nigam Pvt. Ltd. Vs ITO (ITAT Allahabad) In this case, we have observed that there is a clear finding by ld. Assessing Officer/ld. CIT(A) that earnest money(EMD) given by contractors was forfeited by assessee on account of non completion of work and other miscellaneous recoveries were made from contractors. It is undisputed that […]

Section 272A(2)(k) Penalty based on non–existing grounds is unsustainable

December 2, 2020 1773 Views 0 comment Print

District Mining Officer Vs JCIT (TDS) (ITAT Allahabad) It is noted that the Assessing Officer has initiated the penalty proceedings u/s 272A(2)(k) of the Income Tax Act for the alleged default of delivering the statement of TDS in Form 26Q within the time specified in section 200(3) read with proviso to section 206(3). In the […]

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