M/S SHIVANSH INFRAESTATE PVT.LTD.,LUCKNOW vs. DY. CIT RANGE-6, LUCKNOW
What did the Tribunal hold?
The Tribunal restored certain matters to the file of the AO for fresh examination, allowing the assessee to produce now-furnished evidence. The appeal was allowed for statistical purposes.
What were the facts?
The assessee, a real estate company, failed to produce complete books of accounts, bills, and vouchers during the assessment proceedings. The Assessing Officer (AO) invoked Section 145(3) and made several additions and disallowances based on the lack of verifiable expenses.
What were the issues?
Whether the AO's disallowances and additions were justified due to the assessee's failure to produce supporting documents, and whether the matter should be remanded for further examination.
Which sections of the Income-tax Act were involved?
Section 145(3),Section 143(2),Section 68,Section 115BBE,Section 37(1),Section 142(1),Section 69A
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Cases cited in this judgment(8)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Kachwala Gems v. JCIT332 citing288 ITR 10 · 2007 · SC · Read judgment
- CIT v. Walchand & Co.314 citing65 ITR 381 · 1967 · SC
- PCIT v. R.G. Buildwell Engineers Ltd.71 citing99 Taxmann.com 284 · 2018 · SC
- CIT v. Koshika Telecom Ltd.32 citing106 TTJ 616 · 2006 · ITAT
- Seasons Catering Services (P) Ltd. v. DCIT10 citing43 DTR 397 · 2010 · HC
- Ashok Surana v. CIT5 citing384 ITR 267 · 2016 · HC
- Abdul Khadar (P.) v. CIT3 citing36 ITR 341
- Food and Essential Commodities (2014) 221 Taxman 16 (Allahabad HC) (ii). CIT v. Poonam Rani3 citing58 SOT 122 · 2013 · ITAT
Income Tax Appellate Tribunal, LUCKNOW ‘B’ BENCH, LUCKNOW
PER NIKHIL CHOUDHARY, A.M.: This is an appeal filed by the assessee against the orders of the ld. CIT(A), NFAC passed under section 250 of the Income Tax Act, 1961 on 18.01.2024 wherein the ld. CIT(A) has partly allowed the appeals of the assessee against the orders of the ld. Assessing Officer dated 30.12.2017. The grounds of appeal are as under:- “1- The Ld. CIT (A) NFAC erred on facts and in law in dismissing the Ground that Notice u/s 143(2) was issued by ITO-6(1) Lucknow on 01.04.2016 without appreciating that Juri iction of case lies with DCIT, Range-6, Lucknow, hence the notice issued by ITO-6(1) is
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More judgments on Section 145(3)
- M/S. Sarvesh Mercantile Private Limited… vs DCIT Central Circle 2(1), MumbaiITA 1952/MUM/2026[2015-16]Status: Disposed15 Oct 2026AY 2015-16
- M/S. Sarvesh Mercantile Private Limited… vs Deputy Commissioner of Income Tax, Central…ITA 1951/MUM/2026[2014-15]Status: Disposed15 Oct 2026AY 2014-15
- M/S. Sarvesh Mercantile Private Limited… vs Deputy Commissioner of Income Tax, Central…ITA 1950/MUM/2026[2013-14]Status: Disposed15 Oct 2026AY 2013-14
- Assistant Commissioner of Income-Tax… vs Pacifica India Projects Private Limited…ITA 2336/AHD/2026[2020-21]Status: Disposed13 Oct 2026AY 2020-21
- Assistant Commissioner of Income-Tax… vs Pacifica Builders Private Limited, AhmedabadITA 2335/AHD/2026[2020-21]Status: Disposed13 Oct 2026AY 2020-21
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