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7 results for “disallowance”+ Permanent Establishmentclear

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Key Topics

Section 686Section 1955Section 94Disallowance4Addition to Income4Section 143(3)3Section 403Section 693TDS3Section 263

ACIT., CIRCLE-1, AGRA vs. M/S DAWAR FOODWEAR INDUSTRIES, , AGRA

The appeal stands dismissed

ITA 433/AGR/2015[2010-11]Status: DisposedITAT Agra22 Apr 2025AY 2010-11

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 433/Agr/2015 (िनधा"रणवष" / Assessment Year:2010-11) बनाम/ Acit-Circle-1, M/S. Dawar Footwear Industries Agra. 53, T.P. Nagar, Agra. Vs. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaafd-6003-E (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Dr. Arun Kumar Yadav – Ld. Cit-Dr " थ"कीओरसे/Respondent By : Sh. Rajendra Sharma, Adv. – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 19-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 22.04.2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Year (Ay) 2010-11 Arises Out Of An Order Passed By Learned Commissioner Of Income Tax (Appeals)-I, Agra [Cit(A)] On 31-03-2015 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) Of The Act On 18-03- 2013. Both Sides Made Vehement Arguments. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed- Off As Under. The Sole Grievance Of The Revenue Is Deletion Of Disallowance U/S 40(A)(I) Against Foreign Commission Payments & Sample & Development Charges As Paid By The Assessee To Non- Resident Entities. The Assessee Derived Income From Manufacturing & Trading Of Footwear.

For Appellant: Dr. Arun Kumar Yadav – Ld. CIT-DRFor Respondent: Sh. Rajendra Sharma, Adv. – Ld. AR
Section 143(3)Section 195Section 40
2
Section 199(1)2
Permanent Establishment2
Section 9

permanent establishment in India. However, Ld. AO made disallowance u/s 40(a)(i) for Rs.288.47 Lacs. The assessee also paid

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)

established by the Assessee thereon. Accordingly, the Learned AO in the remand report justified the disallowance made in the assessment. ITA Nos. 273 & 274/AGR/2024 Alnoor Exports 6. The Assessee filed another written submission dated 26-02-2018 before the ld CITA stating that the time provided to the parties for responding to the notice under section

ACIT, CIRCLE-2(1)(1),AGRA, AGRA vs. EMCO EXPORTS, AGRA

In the result, revenue’s appeal stands dismissed

ITA 415/AGR/2025[2020-21]Status: DisposedITAT Agra15 Jan 2026AY 2020-21

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2020-21

Section 195Section 250Section 40Section 9

permanent establishment) in India, as there is no office or any staff in India. Copy of Italian citizenship of foreign agent and copy of Income-tax declaration of foreign agent was also filed. This apart, the 2 | P a g e copy of agreement executed between the foreign agent Pro-Moda Srl Italy and assessee, M/s. Emco Exports for calendar

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

disallowed / added such expenditure / receipts in the assessee's income and Expenditure Account. Since the exemption to the assessee (appellant) u/s 11 has been denied by the AO in view of proviso to section 2(15) read with section 13(8), therefore the assessee's income has been assessed under the head income from Business or Profession' and such total

MANISH MAHESHWARI,GWALIOR vs. JCIT RANGE-2, GWALIOR

In the result, appeal of the assessee is partly allowed

ITA 308/AGR/2015[2010-11]Status: DisposedITAT Agra26 Sept 2018AY 2010-11

Bench: Him Though Specific Request Was Made To Admit The Same. Ground No. 2 (I) Because The Ld. Cit(A) Has Wrongly, Illegally & Arbitrarily Confirmed Theaddition Of Rs. 67,530/- Made By The Assessing Officer U/S 40A(3) Of The Income Tax Act. (Ii) Because The Ld. Cit(A) Has Legally Erred In Rejecting The Appellant'Sspecificsubmissionand The Unavoidable Circumstances Under Which The Payment Wasmade. Ground No. 3 (I) Because The Ld. Cit(A) Has Wrongly, Illegally & Arbitrarily Confirmed An Addition Of Rs. 1,11,038/- Made By The Assessing Officer By Disallowing The Claim Of Interest Paid Holding The Same To Be Not Allowable U/S 57(Iii) Of The Income Tax Act.”

Section 133Section 40A(3)Section 57Section 68

establish and the creditor has confirmed the loan, addition was not justify. Reliance is placed on following cases: DCIT V/s Rohini Builders 256 ITR 360 (Gujrat) CIT V/s HeeralalChaganlal 257 ITR 281 (Rajasthan) NemichandKothar V/s CIT 264 ITR 254 (Gawhati)" 6. The Ld. DR placed reliance on the impugned order. 7. Heard. It is undisputed fact that the assessee

MAHIM PATRAN P. LTD,NEW DELHI vs. PR. CIT -2, AGRA

In the result, the appeals are dismissed

ITA 195/AGR/2015[2010-11]Status: DisposedITAT Agra02 Sept 2019AY 2010-11

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

Section 143(3)Section 199(1)Section 205Section 263

permanent addresses, amount given to them, name of work entrusted to them, nature of such work and statements recorded by the AO, etc. These details reveal that during the course of examination under s. 131, no question was put to many of these sub- contractors as to the variation in their signatures. Similarly, no question was put to them

SHRI SHYAM SUNDER GAUTAM,MATHURA vs. ITO 3(4), MATHURA

In the result, the appeal is partly allowed

ITA 295/AGR/2016[2006-07]Status: DisposedITAT Agra27 Oct 2017AY 2006-07

Bench: Shri A. D. Jain

Section 69

established that the entire deposits made in the bank account were either from sale proceeds of agricultural land, or from the agricultural income earned, and the deposits in the bank account were fully explained within the meaning of section 69 of the I.T. Act. I.T.A No. 295/Agra/2016 4 7. The ld. CIT(A) called for a remand report, which