DILSHAD HUSAIN,ALLAHABAD vs. ACIT CIRCLE-1, ALLAHABAD

ITA 53/ALLD/2024Status: DisposedITAT Allahabad25 October 2024AY 2009-1013 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the matters to the AO for fresh examination. The assessee is directed to produce bank accounts and explain deposits related to his truck business under Section 44AE. For transport commission, the existence of business needs to be established.

What were the facts?

The assessee's appeals against assessment and penalty orders were dismissed by the CIT(A) for non-compliance and lack of evidence. The assessee had deposited a significant amount in his bank account, which the AO treated as income, and also claimed transport commission.

What were the issues?

Whether the assessee provided sufficient evidence for his income from truck freight and transport commission, and whether the AO and CIT(A) correctly assessed the income in the absence of proper documentation.

Which sections of the Income-tax Act were involved?

Section 144,Section 143(3),Section 271(1)(c),Section 44AE,Section 44AB,Section 44AA,Section 271B

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD

Before: SH. SUDHANSHU SRIVASTAVA & SH. NIKHIL CHOUDHARY

Hearing: 22.08.2024Pronounced: 25.10.2024

PER SH. NIKHIL CHOUDHARY, ACCOUNTANT MEMBER:

These appeals have been filed against the orders of the ld. CIT(A), NFAC under section 250 r.w.s. 254 of the Income Tax Act on 22.09.2022, wherein the ld. CIT(A), upon restoration of the appeals against assessments orders under section 144 for the A.Y. 2009-10, 143(3) for the A.Y. 2011-12 and the penalty order under section 271(1)(c) for the A.Y. 2009-10, has dismissed the appeals filed by the assessee.

2.

Aggrieved with the dismissal of the said appeals, the assessee has come before us in appeal yet again. The grounds of appeal preferred by the assessee are as under:- A.Ys. 2009-10 & 2011-12 Dilshad Husain

A.Y. 2009-10; ITA

The order continues below.

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