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Abhay Narayan Pandey v. The ACIT

Case No: ITA Nos.42 & 43/ALLD/2024
Court: Income Tax Appellate Tribunal, Allahabad Bench
Date: 30 Sep 2024

Parties Involved

appellantAbhay Narayan Pandey
respondentThe ACIT

Facts Summary

The assessee filed appeals against orders passed by the Commissioner of Income Tax (Appeal) for Assessment Years 2012-13 and 2017-18. For AY 2012-13, the assessee declared a total income of Rs.16,00,650/- and later disclosed a long-term capital gain of Rs.1,65,44,423/- on the sale of a property. For AY 2017-18, the assessee declared a total income of Rs.26,17,560/-. The Commissioner of Income Tax assessed additional income of Rs.2,87,99,824/- for AY 2012-13 and Rs.57,04,354/- for AY 2017-18. The assessee challenged these assessments, claiming errors in the Commissioner's decisions.

Decision in favour of

Assessee

Legal Issues

  • 1. Error in not allowing land leveling expenses for AY 2012-13.
  • 2. Error in disallowing land developing expenses for AY 2012-13.
  • 3. Failure to appreciate the appellant's submission on development costs for AY 2012-13.
  • 4. Failure to give an opportunity of being heard for AY 2012-13.
  • 5. Error in not allowing land leveling expenses for AY 2012-13.
  • 6. Error in capital gain calculation for AY 2012-13.

9 further legal issues analysed in the full judgement.

Judgment Outcome

Decided in favour of Assessee.

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Abhay Narayan Pandey v. The ACIT | ITA Nos.42 & 43/ALLD/2024 | 2024 | Opakhya