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17 results for “condonation of delay”+ Section 36(2)clear

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Key Topics

Section 253(3)31Section 143(3)12Condonation of Delay10Section 2509Section 36(1)(va)9Section 253(6)(c)8Addition to Income8Section 1476Section 139(1)

M/S UDVASIT BEROJGAR SAHAKARI SHRAM SAMVIDA SAMITI LTD.,,SONBHADRA vs. CIT (EXEMPTION), ALLAHABAD

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 27/ALLD/2021[2018-19]Status: DisposedITAT Allahabad02 Mar 2022AY 2018-19

Bench: Shri.Vijay Pal Raoassessment Year: 2018-19

For Appellant: NoneFor Respondent: Mr. A.K. Singh, Sr. DR
Section 139Section 139(1)Section 2Section 36(1)Section 43B

36(1)(va) of the Act? (b) Whether the deletion of the 2nd proviso to section 43B by way of amendment by the Finance Act, 2003 is retrospective in nature" (p. 2) 16. These questions were answered by the Division Bench in the following manner : — "7. Having heard the learned counsel for the revenue, as well as, the assessee

6
Section 43B6
Disallowance4
Cash Deposit3

SHRI NEERAJ MAHESHWARI,SONEBHADRA vs. DY. CIT, (CPC), BENGALURU

In the result, the appeal of the assessee is allowed

ITA 18/ALLD/2021[2018-19]Status: DisposedITAT Allahabad10 May 2022AY 2018-19

Bench: Shri.Vijay Pal Rao & Before Shri. Ramit Kocharassessment Year: 2018-19 Shri Neeraj Maheshwari, V. Shri Amrit Raj Singh, Bijpur Rihand Nagar, Sonebhadra- Dy. Commissioner Of Inco Tax, 2312233, U.P. Cpc Bangalore Pan- Afvpm5660E (Appellant) (Respondent) Appellant By: Sh. A.K. Pandey, Adv Respondent By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 09.05.2022 Date Of Pronouncement: 10.05.2022 O R D E R

For Appellant: Sh. A.K. Pandey, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 139(1)Section 234BSection 250Section 36Section 36(1)(va)Section 43Section 43B

36(1)(va) of the Act? 17 Neeraj Maheshwari (b) Whether the deletion of the 2nd proviso to section 43B by way of amendment by the Finance Act, 2003 is retrospective in nature" (p. 2) 16. These questions were answered by the Division Bench in the following manner : — "7. Having heard the learned counsel for the revenue, as well

COMMERCIAL AUTO SALES PVT. LTD.,,ALLAHABAD vs. ASSISTANT DIRECTOR OF INCOME TAX CENTRALIZED PROCESSING CENTRE, BENGALURU

In the result, appeal filed by the assessee is in ITA No

ITA 15/ALLD/2021[2019-20]Status: DisposedITAT Allahabad20 Jan 2022AY 2019-20

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Sh.S K Jaiswal, CAFor Respondent: Sh. A.K. Singh, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(va)Section 43B

36(1)(va) of the Act? (b) Whether the deletion of the 2nd proviso to section 43B by way of amendment by the Finance Act, 2003 is retrospective in nature" (p. 2) 16. These questions were answered by the Division Bench in the following manner : — "7. Having heard the learned counsel for the revenue, as well as, the assessee

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3), ALLAHABAD

In the result, the appeal filed by assessee in ITA no

ITA 21/ALLD/2020[2013-14]Status: DisposedITAT Allahabad14 Oct 2021AY 2013-14

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, CAFor Respondent: Shri A. K. Singh,Sr. DR
Section 143(3)Section 154Section 253(3)

condone the delay in filing of all these three appeals and proceed to adjudicate these three appeals on merits in accordance with law.We order accordingly. ITA No. 20/Alld/2020- AY 2012-13 3. First , we shall take up assessee’s appeal in ITA No. 20/Alld/2020 for ay: 2012-13 . The grounds of appeals raised by assessee in memo of appeal filed

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3), ALLAHABAD

In the result, the appeal filed by assessee in ITA no

ITA 20/ALLD/2020[2012-13]Status: DisposedITAT Allahabad14 Oct 2021AY 2012-13

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, CAFor Respondent: Shri A. K. Singh,Sr. DR
Section 143(3)Section 154Section 253(3)

condone the delay in filing of all these three appeals and proceed to adjudicate these three appeals on merits in accordance with law.We order accordingly. ITA No. 20/Alld/2020- AY 2012-13 3. First , we shall take up assessee’s appeal in ITA No. 20/Alld/2020 for ay: 2012-13 . The grounds of appeals raised by assessee in memo of appeal filed

TRIVENI GLASS LIMITED,ALLAHABAD vs. INCOME TAX OFFICER WARD 2(3) , ALLAHABAD

In the result, the appeal filed by assessee in ITA no

ITA 19/ALLD/2020[2012-13]Status: DisposedITAT Allahabad14 Oct 2021AY 2012-13

Bench: Shri.Vijay Pal Rao& Shri Ramit Kochar

For Appellant: Ms. Tanu Singhal, CAFor Respondent: Shri A. K. Singh,Sr. DR
Section 143(3)Section 154Section 253(3)

condone the delay in filing of all these three appeals and proceed to adjudicate these three appeals on merits in accordance with law.We order accordingly. ITA No. 20/Alld/2020- AY 2012-13 3. First , we shall take up assessee’s appeal in ITA No. 20/Alld/2020 for ay: 2012-13 . The grounds of appeals raised by assessee in memo of appeal filed

SBW UDYOG LIMITED,,PRAYAGRAJ vs. DCIT, CIR-1,, ALLAHABAD

In the result, the appeal of the assessee is dismissed

ITA 27/ALLD/2024[2021-22]Status: DisposedITAT Allahabad13 Mar 2025AY 2021-22

Bench: Sh.Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y.2021-22 Sbw Udyog Limited, Vs. Deputy Commissioner Of Income 44, Thornhill Road, Prayagraj Tax, Circle-1, Prayagraj Pan:Aadcs2883B (Appellant) (Respondent) Assessee By: Sh. N.C. Agrawal, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 18.12.2024 Date Of Pronouncement: 13 .03.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed Against The Orders Of The Ld. Cit(A) Under Section 250 Of The Income Tax Act, 1961 On 31.01.2024, Dismissing The Appeal Of The Assessee Against The Orders Of The Cpc Bengaluru, Under Section, 143(1) Dated 17.10.2022. Subsequently, The Said Appeal Was Migrated To The Nfac & Later On, The Appeal Proceedings Were Transferred To The Additional / Jcit(A), Aurangabad, Who Has Dismissed The Appeal Of The Assessee. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because, Income Tax Department, Ministry Of Finance, Government Of India Has Observed In The Notice Under Section 250 Of The Income Tax Act, 1961, Which Reads As Under:- "The Income Tax Department Recognizes & Is Sensitive To The Hardships Being Faced By Taxpayers In Coping With The Challenges Posed By Covid-19 Pandemic." Consequently, Appeal Is Liable To Be Allowed.

For Appellant: Sh. N.C. Agrawal, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 143Section 250Section 36(1)(va)Section 43B

2,346.00 16.09.2020 Paid to Director, ESI Indore AUGUST, ESI 539.00 15.09.2020 539.00 16.09.2020 2020 Total 43,04,355.00 3. The assessee submitted before the ld. CIT(A), that section 36(1)(va) of the Act was to be read with section 43B of the Act and contribution of Provident Fund and ESI paid till the filing of the return

RAHUL SHARMA,MIRZAPUR vs. ITO, WARD 3(2), MIRZAPUR

In the result, the appeal of the assessee bearing ITA No

ITA 98/ALLD/2024[2017-18]Status: DisposedITAT Allahabad14 Nov 2024AY 2017-18

Bench: Sh. Udayan Das Gupta & Nikhil Choudharyi.T.A. No.98/Alld/2024 Assessment Year: 2017-18

Section 144Section 250Section 69A

condone the delay and admit the appeal to be heard on merits. 5. The grounds of appeal preferred by the assessee in Form 36 are as follows: “1. BECAUSE the learned Commissioner of Income Tax (Appeals) has erred in law and on facts in dismissing the appeal without giving adequate and effective opportunity of being heard. 2. BECAUSE the notices

ROHIT,FAIZABAD vs. INCOME TAX OFFICER, AMBEDKAR NAGAR, AMBEDKAR NAGAR

In the result, the appeal of the assessee bearing ITA No

ITA 102/ALLD/2024[2012-13]Status: DisposedITAT Allahabad14 Nov 2024AY 2012-13

Bench: Sh. Udayan Das Gupta & Nikhil Choudharyi.T.A. No.102/Alld/2024 Assessment Year: 2012-13

Section 144Section 250

delay may please be condoned and the appeal may be admitted to be heard on merits. 2.4 Considering the condonation application, and the contents of the affidavit we find that the assessee has stated sufficient cause for filing the appeal belated by 692 days and we find that in absence of any willful or intentional neglect on the part

MAA SHARDA COLD STORAGE,KAUSHAMBI vs. ITO WARD- 2(5), ALLAHABAD

In the result, the appeal of the assessee bearing ITA No

ITA 4/ALLD/2024[2017-18]Status: DisposedITAT Allahabad22 Nov 2024AY 2017-18

Bench: Sh. Udayan Das Gupta & Nikhil Choudharyi.T.A. No.04/Alld/2024 Assessment Year: 2017-18

Section 143(2)Section 143(3)Section 234BSection 250Section 69A

condone the delay of 32 days and admit the appeal to be heard on merits. 3. The grounds of appeal preferred by the assessee in Form 36 are as follows: 1. BECAUSE the National Faceless Appeal Centre (NFAC) has erred in law and on facts in dismissing the appeal without affording adequate and effective opportunity of being heard. 2. BECAUSE

GULAB SINGH,ALLAHABAD vs. INCOME TAX OFFICER, RANGE-1(2), ALLAHABAD

In the result, the appeal of the assessee is partly allowed

ITA 2/ALLD/2021[2014-15]Status: DisposedITAT Allahabad03 Sept 2021AY 2014-15

Bench: Shri.Vijay Pal Raoassessment Year: 2014-15 Gulab Singh V. Income Tax Officer, 36-B, M.G. Marg, Civil Lines, Range-1(2), 38 M.G. Marg, Allahabad- 211001 Civil Lines, Allahabad, U.P. Pan-Aikps9389J (Appellant) (Respondent) Appellant By: Mr. S.K. Yogeshwar Adv. Respondent By: Mr. A.K. Singh, Sr. Dr Date Of Hearing: 06.09.2021 Date Of Pronouncement: 06.09.2021

For Appellant: Mr. S.K. Yogeshwar AdvFor Respondent: Mr. A.K. Singh, Sr. DR
Section 133A

36-B, M.G. Marg, Civil Lines, Range-1(2), 38 M.G. Marg, Allahabad- 211001 Civil lines, Allahabad, U.P. PAN-AIKPS9389J (Appellant) (Respondent) Appellant by: Mr. S.K. Yogeshwar Adv. Respondent by: Mr. A.K. Singh, Sr. DR Date of hearing: 06.09.2021 Date of pronouncement: 06.09.2021 O R D E R PER SHRI VIJAY PAL RAO, JUDICIAL MEMBER: This appeal by the assessee

SANKAR LAL JAISWAL,,ALLAHABAD vs. ITO- 1(5), ALLAHABAD

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 80/ALLD/2025[2017-18]Status: DisposedITAT Allahabad28 Aug 2025AY 2017-18

Bench: SH. SUBHASH MALGURIA, JUDICIAL MEMBER AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 144Section 250

condone the delay and admit the appeal for hearing. 4. The facts of the case are that the Department received an information that during the demonetization period, the assessee had deposited a cash amounting to Rs.14,02,000/- in the assessee’s bank account at Bank of Baroda, Koraon, Allahabad, but no ITR had been filed by the assessee

RAJESH KUMAR,MIRZAPUR vs. NFAC,, DELHI

In the result, the appeal is allowed for statistical purposes

ITA 143/ALLD/2024[2017-18]Status: DisposedITAT Allahabad27 Dec 2024AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Rajesh Kumar, Vs. Nfac, Delhi Tarkapur, Mirzapur-231001 Pan:Aoopk0542B (Appellant) (Respondent) Assessee By: Sh. Praveen Godbole, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 25.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A), Nfac Under Section 250 Of The Act, 1961 Passed On 7.03.2024. The Grounds Of Appeal Preferred Are As Under:- “1. That In Any View Of The Matter Assessment Made On Income Of Rs.1,53,13,406/ U/S 147 R.W.S. 144B Is Highly Unjustified. 2. That In Any View Of The Matter Proceeding U/S 147 Was Initiated Is Not Correct As There Was No Proper Satisfaction Nor Information With The Assessing Officer That Assessee Has Escaped Assessment Hence The Entire Proceeding Is Bad In Law. 3. That In Any View Of The Matter Addition Of Rs. 1,53, 13,406/- (1,36,16,605/- + 16,96,801/-) As Added Us/ 69A R.W.S. 115Bbe Of The Act By Alleging Unexplained Money By The Assessing As Per Para 8 Of The Assessment Order Is Highly Unjustified. 4. That In Any View Of The Matter The Assessing Officer Was Wrong In Adding Only Credit Entries In Bank Account Without Considering The Debit Entries When The Law Is Settled That Document Should Be Considered As Whole & Not A Piece- Meal Hence The Addition Made Is Highly Unjustified.

For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142(1)Section 147Section 148Section 234ASection 250

section 250 of the Act, 1961 passed on 7.03.2024. The grounds of appeal preferred are as under:- “1. That in any view of the matter assessment made on income of Rs.1,53,13,406/ u/s 147 r.w.s. 144B is highly unjustified. 2. That in any view of the matter proceeding u/s 147 was initiated is not correct as there

SATYA PRAKASH GUPTA,ALLAHABAD vs. ACIT, ALLAHABAD

ITA 3/ALLD/2022[2006-07]Status: DisposedITAT Allahabad15 Mar 2023AY 2006-07

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri S.K. Yogeshwar, AdvFor Respondent: Shri A.K. Singh ,Sr. D.R
Section 143(3)Section 147Section 253(3)Section 253(6)(c)

Section 253(3) of the Income-tax Act, 1961. The separate Appellate Order(s) passed by Ld. CIT(A) for all the four assessment years are all dated 18th September, 2019, which are stated to have been received by assessee on 29th October, 2019 , and hence these appeals were ought to have been filed by assessee with Income-Tax Appellate

SATYA PRAKASH GUPTA,ALLAHABAD vs. ACIT, ALLAHABAD

ITA 6/ALLD/2022[2009-10]Status: DisposedITAT Allahabad15 Mar 2023AY 2009-10

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri S.K. Yogeshwar, AdvFor Respondent: Shri A.K. Singh ,Sr. D.R
Section 143(3)Section 147Section 253(3)Section 253(6)(c)

Section 253(3) of the Income-tax Act, 1961. The separate Appellate Order(s) passed by Ld. CIT(A) for all the four assessment years are all dated 18th September, 2019, which are stated to have been received by assessee on 29th October, 2019 , and hence these appeals were ought to have been filed by assessee with Income-Tax Appellate

SATYA PRAKASH GUPTA,ALLAHABAD vs. ACIT, ALLAHABAD

ITA 5/ALLD/2022[2008-09]Status: DisposedITAT Allahabad15 Mar 2023AY 2008-09

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri S.K. Yogeshwar, AdvFor Respondent: Shri A.K. Singh ,Sr. D.R
Section 143(3)Section 147Section 253(3)Section 253(6)(c)

Section 253(3) of the Income-tax Act, 1961. The separate Appellate Order(s) passed by Ld. CIT(A) for all the four assessment years are all dated 18th September, 2019, which are stated to have been received by assessee on 29th October, 2019 , and hence these appeals were ought to have been filed by assessee with Income-Tax Appellate

SATYA PRAKASH GUPTA,ALLAHABAD vs. ACIT, ALLAHABAD

ITA 4/ALLD/2022[2007-08]Status: DisposedITAT Allahabad15 Mar 2023AY 2007-08

Bench: Shri Vijay Pal Rao & Shri Ramit Kochar

For Appellant: Shri S.K. Yogeshwar, AdvFor Respondent: Shri A.K. Singh ,Sr. D.R
Section 143(3)Section 147Section 253(3)Section 253(6)(c)

Section 253(3) of the Income-tax Act, 1961. The separate Appellate Order(s) passed by Ld. CIT(A) for all the four assessment years are all dated 18th September, 2019, which are stated to have been received by assessee on 29th October, 2019 , and hence these appeals were ought to have been filed by assessee with Income-Tax Appellate