VIPIN GUPTA,ALLAHABAD vs. ITO, WARD-2(3), ALLAHABAD
In the result, the appeal is allowed for statistical purposes
ITA 88/ALLD/2024[2017-18]Status: DisposedITAT Allahabad27 Dec 2024AY 2017-18
Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Vipin Gupta, Vs. Income Tax Officer, Lal Bihara, G.T. Road, Bamrauli, Ward-2(3), Allahabad Allahabad, U.P. Pan:Anapg6886D (Appellant) (Respondent) Assessee By: Sh. S.K. Jaiswal, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 22.10.2024 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 Passed Under Section 250 Of The Income Tax Act, 1961 On 16.05.2024. The Appeal Was Originally Filed Before The Ld. Cit(A), Allahabad & Was Subsequently Migrated To The National Faceless Appeal Centre. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Dismissing Appeal In Limine Without Affording Adequate & Effective Opportunity Of Being Head. 2. Because The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & On Facts In Sustaining Addition Of Rs. 5,68,500/- Made On Account Of Initial Capital Introduced To Start New Business By Invoking The Provision Of Section 68 Of The Income Tax Act, 1961 As Unexplained Credit.
For Appellant: Sh. S.K. Jaiswal, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 250Section 68Section 69A
section 68 of the Income Tax Act,
1961. 5. BECAUSE the appellant has discharged his primary onus to establish the identity of the depositors, their credit worthiness as well the genuineness of the transaction by furnishing their identity proof, assessment particulars, bank account statement and their confirmation.
6. BECAUSE the learned Commissioner of Income Tax (Appeals) has erred