Allahabad High Court Archives

Allahabad H.C : Whether on the facts and circumstances of the case, the ITAT has erred in law and fact by not setting aside the issue of addition of Rs. 3,38,72,852/-on non-genuine purchases to the file of the CIT(A) while the learned ITAT quashed the direction of CIT(A) on the same especially in view of the fact that the ITAT is the ultimate fact finding authority, it should have either settled the issue on the basis of material on record or set aside the matter to the CIT(A) for deciding within the powers vested in it?

High Court Of Allahabad Pr.CIT vs. Meerut Roller Flour Mills (P) Ltd. Section 143(3) Asst. Year 2009-10 Bharati Sapru & Piyush Agrawal, JJ. Income Tax Appeal No. -284 of 2017 17th January, 2019 Counsel Appeared: Manu Ghildyal, Counsel for the Petitioner.: Suyash Agarwal for the Respondent PIYUSH AGRAWAL, J. The present appeal has been filed under …

Allahabad H.C : the assessment proceedings under Section 153-A of the Act have not yet been finalised

High Court Of Allahabad Rich Udyog Network Ltd. & Ors. vs. Director Of Income Tax (Investgation) Ors. Section 133-A, 132(1) Bharati Sapru & Dinesh Kumar Singh, JJ. WRIT TAX No. 80 of 2017 24th July, 2018 Counsel appeared: Udit Chandra, Praveen Kumar for the Petitioner.: Manu Gildyal for the Respondent BHARATI SAPRU & DINESH KUMAR SINGH, …

Allahabad H.C : Entitlement of the assessee for deduction 80P of the Act is not relevant for charging addition Tax u/s 143(1A)

High Court Of Allahabad Fatehpur Kshetriya Gramin Bank vs. Additional Commissioner Income Tax Section : 80P, 143(1)(a) Asst. Year : 1990-91 Bharati Sapru & Dinesh Kumar Singh, JJ. Income Tax Appeal No. 581 of 2011, 580 of 2011, 582 of 2011, 583 of 2011, 574 of 2011 23rd July, 2018 Counsel appeared: Shakeel Ahmad for the …

Allahabad H.C : A.Y. 2007-08 on account of Sundry Creditory relying on the credit balances shown in A.Y. 2008-09 which were not disputed by the department ignoring the law that the principle of res judicata is not applicable in Income Tax. Further, once the addition on account of unexplained credit added in A.Y. 2007-08 the same amount could not be added in A.Y. 2008-09

High Court Of Allahabad CIT vs. Vishal Transformers And Switchgears Pvt. Ltd. Section 260-A Asst. Year 2007-08 Bharati Sapru & Harsh Kumar, JJ. Income Tax Appeal No. -224 of 2012 9th March, 2018 Counsel Appeared: S.S.C. I.T., Krishna Agarwal, Shubham Agrawal for the Appellant. : Suyash Agarwal, R.R. Agarwal for the Respondent. ORDER: Heard Shri Shubham …

Allahabad H.C : the ITAT is legally justified in allowing the claim of depreciation of Rs.59,48,096/- on Foreign Exchange Fluctuation without appreciating the provisions of Section 43A of the Act and the fact that the Foreign Exchange Fluctuation showed notional fluctuation and varied from year to year

High Court Of Allahabad CIT vs. Phonex Lamps India Ltd. Section 43A, 260-A Asst. Year 1993-94 Bharati Sapru & Neeraj Tiwari, JJ. Income Tax Appeal No. 246 of 2007 19th February, 2018 Counsel Appeared: Shubham Agarwal for the Appellant.: Sujeet Kumar, Shashwat Bajpai for the Respondent BHARATI SAPRU & NEERAJ TIWARI, JJ. Heard Sri Shubham Agrawal, …

Allahabad H.C : Whether under the facts and circumstances of the case the Income Tax Appellate Tribunal has erred in believing that the Assessing Officer has taken a view in the light of surrounding circumstances which cannot be called to be erroneous and prejudicial to the interest of Revenue and Commissioner of Income Tax has exercised his jurisdiction under section 263 of Income Tax Act without having sufficient material with him

High Court Of Allahabad CIT & Ors. vs. The Upper India Couper Paper Mills Co. Pvt. Limited & Ors. Section 260A, 263, 154 Asst. Year 2007-08, 2008-09, 2009-10 Sudhir Agarwal & Virendra Kumar, JJ. Income Tax Appeal No. 24 of 2012, 25 of 2014, 120 of 2015, 121 of 2015, MISC. BENCH No. 1812 of 2014 …

Allahabad H.C : Whether the Income Tax Appellate Tribunal was justified in deleting the penalty under Section 271(1)

High Court Of Allahabad Pr.CIT vs. Prakash Chandra Sharma Section 54F, 260-A, 271(1)(c) Asst. Year 2012-13 Bharati Sapru & Saumitra Dayal Singh, JJ. Income Tax Appeal No. 111 of 2017 19th December, 2017 Counsel Appeared: Shubham Agrawal for the Appellant.: Rahul Agrawal for the Respondent BHARATI SAPRU & SAUMITRA DAYAL SINGH, JJ. Heard Sri Subham Agrawal, …

Kerala H.C : There is no “manufacture” in the production of Ready Mix Concrete when the RMC itself is an excisable commodity/goods on which credit is also available for inputs

High Court Of Kerala Cherian Varkey Construction Co. (P) Ltd. vs. Union Of India Section 32(1)(iia) Asst. Year 2006-07 K.Vinod Chandran & Ashok Menon, JJ. ITA No. 15 of 2016 19th December, 2017 Counsel Appeared: A. Kumar, P.J. Anilkumar & G. Mini (1748) for the Appellant. : P.K.R. Menon, Sr. Counsel, GOI (TAXES) & Jose Joseph, …

Allahabad H.C : The amount of 1 crore was never shown in the profit and loss account, hence assessee is entitle to relief without examining the fact that the assessee had suppressed the sales intentionally by not revising the price per unit fixed in the year, 2011

High Court Of Allahabad CIT vs. Indo Widecom International Ltd. Section 260-A Asst. Year 2007-08 Bharati Sapru & Saumitra Dayal Singh, JJ. ITA No. -715 of 2012 7th December, 2017 Counsel appeared: C.S.C., Gaurav Mahajan for the Appellant. : R.K. Srivastava, Amitabh Agarwal for the Respondent. ORDER: Heard Sri Gaurav Mahajan, learned counsel for the appellant …

Allahabad H.C : The Hon’ble ITAT has not expressed any opinion or given any finding in respect of the written submissions filed before the Bench through the DR drawing attention to the amended provisions of section 2(15) and 13(8)

High Court Of Allahabad ACIT vs. Agra Development Authority Bharati Sapru & Saumitra Dayal Singh, JJ. ITA No. – 134 of 2013 Section : 260-A Shambhu Chopra, S.C.,Gaurav Mahajan,S.S.C. I.T. for the Appellant. : Rahul Agarwal for the Respondent. 7th December, 2017 S.D. SINGH, J: 1. Heard Sri Shubham Agrawal, learned counsel for the revenue and …

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Allahabad H.C : the assessment proceedings under Section 153-A of the Act have not yet been finalised

Allahabad H.C : Entitlement of the assessee for deduction 80P of the Act is not relevant for charging addition Tax u/s 143(1A)

Allahabad H.C : Whether the Income Tax Appellate Tribunal was justified in deleting the penalty under Section 271(1)

Kerala H.C : There is no “manufacture” in the production of Ready Mix Concrete when the RMC itself is an excisable commodity/goods on which credit is also available for inputs

Allahabad H.C : The amount of 1 crore was never shown in the profit and loss account, hence assessee is entitle to relief without examining the fact that the assessee had suppressed the sales intentionally by not revising the price per unit fixed in the year, 2011

Allahabad H.C : The Hon’ble ITAT has not expressed any opinion or given any finding in respect of the written submissions filed before the Bench through the DR drawing attention to the amended provisions of section 2(15) and 13(8)