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Truck Freight Payments Not Liable for TDS When Covered by Section 44AE — Disallowance u/s 40(a)(ia) Deleted | M/s J.B. Transport vs ACIT Range-3, Mirzapur (ITAT Allahabad)
Facts of the CaseM/s J.B. Transport, engaged in the transport
business, was subjected to scrutiny assessment under Section 143(3) of the
Income-tax Act. During assessment proceedings, the Assessing Officer noticed
tha...
Addition for Unexplained Cash Credits Upheld Due to Failure to Prove Identity, Creditworthiness & Genuineness — M/s Dharmendar Pratap Singh vs ACIT Circle-1, Allahabad (ITAT Allahabad) | Section 68 of Income-tax Act
Facts of the CaseThe assessee, M/s Dharmendar Pratap Singh, was
subjected to scrutiny assessment under Section 143(3) of the Income-tax Act.
During assessment proceedings, certain amounts were found credited in the boo...
Ex-Parte Order of CIT(A) Set Aside for Violation of Natural Justice — Ram Babu Kesarwani vs ITO, Allahabad (ITAT Allahabad) | Opportunity of Hearing Mandatory under Income-tax Act
Facts of the CaseThe assessee filed an appeal before the Income Tax
Appellate Tribunal against the order of the Commissioner of Income Tax
(Appeals) relating to the relevant assessment year. The assessment had been
co...
Smt. Kavita Tulsiani vs. JCIT (ITAT Allahabad): Appeal Dismissed as Withdrawn After Settlement under Vivad Se Vishwas Scheme, 2020 — AY 2010-11
Facts of the CaseThe assessee filed an appeal before the Income Tax
Appellate Tribunal against the order of the Commissioner of Income Tax
(Appeals), Allahabad relating to Assessment Year 2010-11.During the pendency of...
Shri Anurag Chandel vs. ITO (ITAT Allahabad): Addition for Unexplained Cash Deposits Deleted — No Independent Evidence under Sections 68/69A
Facts of the CaseDuring scrutiny assessment proceedings, the
Assessing Officer observed substantial cash deposits in the assessee’s bank
account. The AO treated these deposits as unexplained money and added the
amou...
M/s J.B. Transport vs. ACIT (ITAT Allahabad): Disallowance of Freight / Transport Expenses Deleted — No Evidence of Bogus Payments or Violation of TDS Provisions
Facts of the CaseThe assessee, engaged in the transport business,
claimed freight and transportation expenses as business expenditure in its
return of income. During scrutiny assessment under Section 143(3), the
Asses...
Yogesh Kumar Pandey (Prop. M/s Pawan Traders) vs ITO, Mirzapur — ITAT Allahabad Remands Additions u/s 69 for Unexplained Investment & Cash Deposits; Opportunity to Furnish Evidence — AY 2009-10
Facts of the CaseThe assessee, proprietor of M/s Pawan Traders, was engaged
in the business of coal, liquor, and truck plying. During assessment
proceedings under Section 143(3), the Assessing Officer (AO) noted that i...
Shashi Vaish vs. DCIT (ITAT Allahabad): Addition for Alleged Bogus Capital Gain from Penny Stock Deleted — Conditions of Section 68 Not Satisfied
Facts of the CaseThe assessee declared Long-Term Capital Gain (LTCG)
arising from the sale of listed equity shares and claimed exemption under
Section 10(38) of the Income-tax Act, 1961. The shares were stated to have ...
Umesh Kumar Sindhi vs CIT (Central), Allahabad — ITAT Allahabad on Revision u/s 263: Scope of Commissioner’s Powers in Search/Assessment Cases
Facts of the CaseThe assessee’s case was assessed by the Assessing
Officer, who passed an assessment order after examining the relevant material
and details furnished.Subsequently, the Commissioner of Income Tax
(Ce...
Shri Rama Pati Gupta vs ITO, Pratapgarh — ITAT Allahabad on Addition for Unexplained Cash Deposits u/s 68/69A and Burden of Proof on Assessee
Facts of the CaseDuring scrutiny assessment, the Assessing Officer
observed substantial cash deposits in the assessee’s bank account. The assessee
was required to explain the source of these deposits.Not being satisf...