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17 results for “depreciation”+ Section 40clear

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Key Topics

Section 145(3)15Addition to Income13Section 12A11Section 234C7Section 407Section 2(15)6Section 2715Disallowance5Section 1444Section 234B

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

40(a)(ia) of the Income Tax Act, 1961 in view of SLP Granted by the Hon'ble I.T.A No. 146/Agra/2019 2 Supreme court in the case of CIT V/s Ansal Land Mark Township (P) Ltd. taxmann. Com63(SC)." 2. "Whether on the facts and circumstances of the case, Rule 31 AC A of the IT Rules 1962, and Board

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
4
Exemption4
Depreciation3
Section 124
Section 142
Section 153

Section 10(23C) on the requirement that a college must maintain the status- quo, as it were, in regard to its knowledge based infrastructure. Nor for that matter is an educational institution prohibited from upgrading its infrastructure on educational facilities save on the pain of losing the benefit of the exemption under Section 10(23C). Imposing such a condition which

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

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

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, it is considered expedient to invite the kind 2 attention ofthe Hon'ble Bench to the sequence of events which are tabulated below of PBP Date

DCIT, CENTRAL CIRCLE, AGRA, AGRA vs. ALNOOR EXPORTS, NEW DELHI

In the result, both the appeals of the revenue are dismissed

ITA 274/AGR/2024[2018-19]Status: DisposedITAT Agra03 Feb 2025AY 2018-19

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: NoneFor Respondent: Shri Sukesh Kumar Jain, CIT DR
Section 133(6)Section 143(3)

40 degrees temperature. Then they are packed in corrugated cartons and stored in a cold storage till dispatch for exports. The inedible portion is sent to rendering unit for manufacturing poultry feed and tallow. The hide is sold separately. 4. The Assessee has made total purchase of Rs 242 crores during the year. All the manufacturing process of the Assessee

JHANSI DEVELOPMENT AUTHORITY,JHANSI vs. ACIT CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

ITA 149/AGR/2017[2011-12]Status: DisposedITAT Agra13 Jan 2021AY 2011-12

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

Section 2(15) of the said Act would be that it carves out an exception from the charitable purpose of advancement of any other object of general public utility and that exception is limited to activities in the nature of trade, commerce or business or any activity of rendering any service in relation to any trade, commerce or business

JHASI DEVELOPMENT AUTHORITY,JHANSI vs. DY. C.I.T., CIRCLE-4, AGRA

In the result the appeal of the assessee is allowed and the appeal

ITA 256/AGR/2014[2010-11]Status: DisposedITAT Agra13 Jan 2021AY 2010-11

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

Section 2(15) of the said Act would be that it carves out an exception from the charitable purpose of advancement of any other object of general public utility and that exception is limited to activities in the nature of trade, commerce or business or any activity of rendering any service in relation to any trade, commerce or business

ACIT CIRCLE-4, AGRA vs. JHANSI DEVELOPMENT AUTHORITY, JHANSI

In the result the appeal of the assessee is allowed and the appeal

ITA 355/AGR/2014[2010-11]Status: DisposedITAT Agra13 Jan 2021AY 2010-11

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meenajhansi Development Authority Vs..Dcit Circle-4, Commissionerycompus, Agra. Jhansi. (Now The Dy. Cit Panno.Aaalj0068K (Exemption) Ghaziabad. (Assessee) (Revenue) Acit, 4(1), Vs..Jhansi Development Agra. Authority (Now The Dy. Cit Commissionerycompus, Jhansi. (Exemption) Ghaziabad. Panno.Aaalj0068K (Revenue) (Assessee)

Section 12ASection 145(3)Section 2(15)

Section 2(15) of the said Act would be that it carves out an exception from the charitable purpose of advancement of any other object of general public utility and that exception is limited to activities in the nature of trade, commerce or business or any activity of rendering any service in relation to any trade, commerce or business

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)

40 Audit Report under section 44AB in Form No. 3CA & 3CD 41 – 50 Comparative position of Gross Profit & Net Profit margins 59 Month wise detail of various expenses 60 – 65 Detail of sundry creditors in excess of Rs. 1 lac 66 Month wise detail of Raw Milk Purchase 67 Month wise Consumption of Raw Milk & Other Ingredients 68 Month wise

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

40 lakhs for both AYs, which meant, Section 44 AD had no relevance—Assessee had not filed any P&L or balance sheet for relevant AYs along with returns—Even vouchers given by assessee were defective—CIT (A) mainly scaled down such estimate for reason that in earlier AY 3.69% of turnover was considered to be appropriate for assessment—Assessee

MODERN AGENCIES,JHANSI vs. ACIT CIRCLE-6, JHANSI

In the result, both the appeals of the assessee are partly

ITA 438/AGR/2015[2010-11]Status: DisposedITAT Agra05 Oct 2018AY 2010-11
Section 145(3)

Depreciation 29,159.30 To Electricity Expenses 18,360.00 To General Expenses 13,350.00 To Goods Expenses 67,027.00 To Labour Expenses 40,200.00 To Legal Expenses 8,000.00 To Misc Expenses 378.40 To Printing & Stationery 14,804.00 To Rent 90,000.00 To Round off 30.87 To Salary 1,82,400.00 To Sales promotion 23,450.00 To Shop Expenses

ASSISTANT COMMISSIONER OF INCOME TAX, AGRA vs. CHITAVALSAH JUTE MILLS LIMITED, NEW DELHI

In the result the appeal of the revenue is dismissed

ITA 99/AGR/2025[2012-13]Status: DisposedITAT Agra04 Dec 2025AY 2012-13

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing) Acit, Vs. Chitavalasah Jute Mills Ltd, Range-1, 73-74, 201, Sheetala House, Faridabad Nehru Place, New Delhi (Appellant) (Respondent) Pan: Aaccc6834D Assessee By : None Revenue By: Shri Sukesh Kumar Jain, Cit Dr Date Of Hearing 15/09/2025 Date Of Pronouncement 04/12/2025

For Appellant: NoneFor Respondent: Shri Sukesh Kumar Jain, CIT DR
Section 144Section 271D

40% of this amount being Rs 11,90,27,242. I am in agreement with the submissions of the assessee that most of the amounts of sundry creditor balance has remained unchanged as compared to the last year, However, in the first round before the learned Commissioner, the learned CIT(A) sustained the addition of Rs 49,72,098, Chitavalasah

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

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

M/S SHRI KAILA DEVI ICE & COLD STORAGE,AGRA vs. I.T.O.-4(4), AGRA

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

ITA 181/AGR/2016[2011-12]Status: DisposedITAT Agra03 Feb 2026AY 2011-12

Bench: Shri M. Balaganeshm/S Shri Kaila Devi Ice & Cold Vs. Income Tax Officer, Storage Ward-4(4), 19-20, Adesh Nagar, Sheetla Agra Road, Khandari, Agra. (Appellant) (Respondent) Pan: Aazfs2787H Assessee By : Shri Rajesh Malhotra, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 22/01/2026 Date Of Pronouncement 03/02/2026

For Appellant: Shri Rajesh Malhotra, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 143(3)Section 145(3)Section 40Section 40A(3)

Section 145(3) of the Act and proceeded to estimate the net profit rate by taking the average of last two preceding years as declared by the assessee which is around 25% and worked out the profit as under:- Total bags unloaded 1,85,788/- Hire charges per bag of 50kg=Rs 70/-per bag Amount received for hire charges

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

40 taxmann.com 284 (Gujarat)Dhiraj R Rungta* wherein it was held that the rejected books of account can not form basis of addition , similar view was taken in the matter of U. P State Food and Essential Commodities. 221 Taxman 16 (All). 10.4 In the present case, basis of rejection of rejection of accounts by the Assessing Officer was totally

OMKAR MEMORIAL CHARITABLE SOCIETY ,GWALIOR vs. CIT[EXEMPTION], BHOPAL

In the result, the appeal of the assessee is allowed

ITA 160/AGR/2024[00]Status: DisposedITAT Agra27 Feb 2025

Bench: Shri M. Balaganesh(Through Virtual Hearing) Omkar Memorial Vs. Cit(E), Charitable Society, Bhopal Room No. 201, Ii Floor, Reac, Bhopal (Appellant) (Respondent) Pan: Aaaa08054B Assessee By : Shri K. Sampath, Adv Revenue By: Shri Sukesh Kumar Jain, Cit Dr Date Of Hearing 05/02/2025 Date Of Pronouncement 27/02/2025

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Sukesh Kumar Jain, CIT DR
Section 11(2)Section 12ASection 12A(1)(ac)

Section 11(2) of the Act to be applied in future. The various receipts derived by the assessee in the form of dialysis receipts, xray receipts, interest receipts etc were applied for meeting out the charitable activities and all these facts are evidenced from audited balance sheet as well as income and expenditure account for the years ended