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17 results for “depreciation”+ Natural Justiceclear

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Key Topics

Section 14415Addition to Income14Section 145(3)10Section 688Depreciation8Natural Justice8Section 234C7Disallowance7Section 406Section 143(3)

SMT. SARLA DEVI,ALIGARH vs. ITO WARD 1(1), ALIGARH

In the result, the appeal is allowed

ITA 70/AGR/2017[2007-08]Status: DisposedITAT Agra17 May 2018AY 2007-08

Bench: Shri A. D. Jain

Section 271Section 271(1)(c)Section 68Section 69Section 69C

depreciation of Plant & Machinery, as the claim was debatable. No issue of notice u/s 274 was before the Hon’ble High Court for its consideration. The case of ‘Manjunatha’ (supra) was not even referred before the Hon’ble High Court. In the case of “B.A. Balasubramaniam” (supra), no issue 25. of validity of penalty notice was under consideration. I.T.A

SH. SACHIN ARORA,MATHURA vs. I.T.O.-3(4), MATHURA

In the result, all the appeals are allowed

5
Section 234B5
Section 143(1)5
ITA 118/AGR/2015[2008-09]Status: DisposedITAT Agra19 Dec 2017AY 2008-09

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

depreciation of Plant & Machinery, as the claim was debatable. No issue of notice u/s 274 was before the Hon’ble High Court for its consideration. The case of ‘Manjunatha’ (supra) was not even referred before the Hon’ble High Court. In the case of “B.A. Balasubramaniam” (supra), no issue of validity of 25. penalty notice was under consideration

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

In the result, the appeal preferred by the assessee is partly

ITA 342/AGR/2025[2013-14]Status: DisposedITAT Agra29 Dec 2025AY 2013-14

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2013-14

Section 143(2)Section 145(3)

natural justice. The learned CIT(A) erred in dismissing the appeal without duly appreciating the partial submissions made by the appellant and without affording a reasonable opportunity for further submission. 3. That on the facts and in the circumstances of the case and in law, the learned CIT(A) erred in confirming the action of the Assessing Officer in invoking

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

In the result, both the appeals filed by assessee are allowed

ITA 343/AGR/2025[2013-14]Status: DisposedITAT Agra29 Dec 2025AY 2013-14

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 143(3)Section 145(3)Section 147Section 148Section 151Section 250Section 68

depreciation claimed on fixed assets. In first appeal preferred against the above said assessment order dated 31.03.2016, learned CIT(A) vide order dated 25.06.2025 affirmed the rejection of accounts and sustained the addition made by AO on account of low profit rate. Aggrieved, assessee preferred an appeal in ITA No.342/Agr/2025 before the ITAT, which has been partly allowed by this

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

In the result, both the appeals filed by assessee are allowed

ITA 344/AGR/2025[2013-14]Status: DisposedITAT Agra29 Dec 2025AY 2013-14

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singh

Section 143(3)Section 145(3)Section 147Section 148Section 151Section 250Section 68

depreciation claimed on fixed assets. In first appeal preferred against the above said assessment order dated 31.03.2016, learned CIT(A) vide order dated 25.06.2025 affirmed the rejection of accounts and sustained the addition made by AO on account of low profit rate. Aggrieved, assessee preferred an appeal in ITA No.342/Agr/2025 before the ITAT, which has been partly allowed by this

HARDAYAL MILK PRODUCTS PRIVATE LIMITED,SHIKOHABAD vs. DCIT, CIRCLE-2(2)(1), FIROZABAD, FIROZABAD

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

ITA 81/AGR/2025[2015-16]Status: DisposedITAT Agra03 Apr 2025AY 2015-16

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2015-16]

Section 142(1)Section 143(2)Section 143(3)Section 145(3)

depreciation and passed the assessment order u/s 143(3) of the Act on 30.12.2017 accordingly. 4. Aggrieved with the said order, the assessee filed an appeal before the Ld. CIT(A). The ld. CIT(A) dismissed the appeal of the assessee by observing that the assessee miserably failed to file any compliance and neither the assessee nor its AR filed

ABHILASHA CONSTRUCTION,JHANSI vs. JCIT RANGE-6 , JHANSI

In the result appeal filed by the assessee is allowed

ITA 314/AGR/2015[2010-11]Status: DisposedITAT Agra11 Sept 2018AY 2010-11
Section 145(3)Section 234BSection 40

Depreciation and deductions under section 40(b) of the Act even after application of profit rate. BECAUSE, the ‘appellant’ denies liability of interest 6. under section 234B of the ‘Act’. 7. BECAUSE, while making and sustaining the assessment the ‘AO’ and ‘CIT(A)’ has made various observations which are contrary to facts on records. ITA 314/Agr/2015 3 8. BECAUSE, assessment

AGRA DEVELOPMENT AUTHORITY,AGRA vs. DCIT., CIRCLE-1, AGRA

The appeals of the assessee are allowed and the appeal of the revenue is dismissed

ITA 216/AGR/2016[2011-12]Status: DisposedITAT Agra17 May 2021AY 2011-12
Section 124Section 142Section 153

natural justice. (15) The appellant craves leave to add, delete, modify or substitute any or all the grounds of appeal at any appropriate time.” ITA No.216/Agr/2016, 183/Agr/2014,439/Agr/2015 & ITA No. 177/Agr/2014 4 Grounds “1. Because the Ld. Commissioner of Income Tax (Appeals)-I, Agra, hereinafter referred to as 'CIT(A)' erred, both in law and on facts, in holding that

MARSHAL SECURITY SERVICES,AGRA vs. ASSISTANT COMMISSIONER OF INCOME TAX, AGRA

ITA 131/AGR/2025[2016-17]Status: DisposedITAT Agra28 Oct 2025AY 2016-17

Bench: : Shri M. Balaganesh & Shri Sunil Kumar Singh

Section 143(1)Section 143(2)Section 144Section 250

natural justice and therefore, the additions made deserves to be quashed. 5. Perused the records. Heard learned representative for assessee and learned Sr. DR for revenue. 6. Learned representative for assessee has submitted that the assessee's case was selected only for ‘limited scrutiny' to verify the issue “whether contract receipts/fees have been correctly offered to tax”. Further that

SANTLAL INDUSTRIES LIMITED,MAINPURI vs. WARD 2(1)(2) AGRA, AGRA

In the result, the appeal is allowed for statistical purposes

ITA 269/AGR/2025[2018-2019]Status: DisposedITAT Agra30 Jul 2025AY 2018-2019

Bench: :Shri Sunil Kumar Singh & Shri Brajesh Kumar Singhassessment Year: 2018-19

Section 143(3)Section 250Section 250(6)

depreciation, made by the Assessing Officer vide assessment order dated 25.02.2021 passed u/s. 143(3) r.w.s. 143(3A) & 143(3B) of the Act. 2. This appeal has been preferred on the ground, in addition to other grounds, that the ld. CIT(Appeals) has erred in confirming the assessment order ex parte, without affording proper opportunity of hearing to the appellant

M/S GINNI FILAMENTS LTD.,MATHURA vs. A.C.I.T., RANGE-3, MATHURA

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

ITA 173/AGR/2013[2008-09]Status: DisposedITAT Agra02 Sept 2019AY 2008-09

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 234BSection 44A

justice.” 2. Effectively ground No. 2(a) to 2(c) pertain to rejection of books of account and estimation of gross profit @ 16% as against 13.96% disclosed by the assessee. 3. Apropos these grounds ld. AR for the assessee has drawn our attention to page 7 of the assessment order to the following effect : Perusal of above mentioned table reveals

SHRI OM PRAKASH SINGH,MATHURA vs. ACIT CIRCLE-3, AGRA

In the result appeal is partly allowed

ITA 331/AGR/2016[2011-12]Status: DisposedITAT Agra22 Mar 2019AY 2011-12

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meena

Section 144Section 234BSection 44ASection 68

natural justice. The ‘appellant’ reserves his right to add, delete, modify, alter or substitute any or all the grounds of appeal. 3 I.T.A No. 331/Agra/2016 (ASSESSMENT YEAR: 2011-12) 2. Vide Grounds No. 1 to 4 assessee has challenged the action of the authorities below in making trading addition by application of N.P rate @8% on contract receipts ignoring

RISHAV SHELTERS P LTD,AGRA vs. JCIT RANGE-4 , AGRA

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

ITA 108/AGR/2015[2011-12]Status: DisposedITAT Agra08 Aug 2018AY 2011-12
Section 144Section 145(3)Section 44A

justice and deserves to be cancelled. Ground No. 2 (i) Because the Ld. ClT(Appeals) has wrongly, illegally and arbitrarily confirmed the action of the Assessing Officer in rejecting the books of accounts by invoking the provisions of section 145(3) of the Income Tax Act. (ii) Because considering the facts of the case and the legal position the invoking

AARA AGRO PVT. LTD.,AGRA vs. DY.CIT., CIRCLE-2(1)(1), AGRA

The appeal is allowed for statistical purposes

ITA 54/AGR/2021[2018-19]Status: DisposedITAT Agra23 Nov 2021AY 2018-19

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meenalt.A No. 54/Agr/2021 (Assessment Year: 2018-19) Vs. Cit Circle-2 (1)(1) Agra Agro Private Limited Agra U.P. Anjana Cinema, 3/2 D.M.G. Road Agra U.P. 282007 Pan: Aagca8595F (Revenue) (Assessee)

Section 115JSection 143(1)Section 207Section 234BSection 234C

Nature of asset Machinery sold 31,17,40,000 Non Depreciable 31,17,40,000 3,97,60,000 10,00,000 4,07,60,000 Depreciable Assets 10,00,000 35,25,00,000| B1,17,40,000 3,97,60,000 Total I.T.A No. 54/AGR/2021 12 On Condonation of Delay (Ground No.1) For the disposal of Ground No.1

DCIT CIRCLE 1(1), GWALIOR vs. SWASTIK ROADLINES P LTD, GWALIOR

In the result, the appeal of Revenue is treated as partly allowed for

ITA 146/AGR/2019[2010-11]Status: DisposedITAT Agra08 Jan 2020AY 2010-11

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 201(1)Section 40

depreciation." 6. "Whether on the facts and in the circumstances of the case, the order of the Ld. CIT(A) is perverse to the facts." 7. "Any other ground that may be adduced at the time of hearing." 2. Brief facts of the case are that, the assessee is a Private Limited Company, registered under the provisions of The Companies

ACIT CIRCLE-3, MATHURA vs. SHOBHA RAM SHARMA CONTRACTOR, MATHURA

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

ITA 306/AGR/2017[2012-13]Status: DisposedITAT Agra04 Sept 2019AY 2012-13
Section 144Section 44

justice has observed that “The taxing authorities exercise quasi-judicial. In doing so they must act in a fair and not a partisan manner. Although it is a part of their duty to ensure that no tax legitimately due form an appellant should remain un-recovered, they must also at the same time not act in a manner as might

ACIT CIRCLE-3, MATHURA vs. SHOBHA RAM SHARMA CONTRACTOR, MATHURA

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

ITA 296/AGR/2017[2012-13]Status: DisposedITAT Agra04 Sept 2019AY 2012-13
Section 144Section 44

justice has observed that “The taxing authorities exercise quasi-judicial. In doing so they must act in a fair and not a partisan manner. Although it is a part of their duty to ensure that no tax legitimately due form an appellant should remain un-recovered, they must also at the same time not act in a manner as might