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35 results for “disallowance”+ Section 133clear

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Key Topics

Section 143(3)48Addition to Income33Section 37(1)22Section 6821Section 14817Section 2(22)(e)17Natural Justice15Section 14714Bogus Purchases14Disallowance

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)

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 133

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

Showing 1–20 of 35 · Page 1 of 2

13
Section 153A11
Section 14511
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

disallowance of 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

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

disallowance of 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

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)

disallowance of the exemption claimed under section 11 and 13 of the Act as the activities of the assessee was in the nature of trade, commerce or business in nature. In response to that the assessee filed the reply of 7th August 2013 and in the reply it was mentioned as under. “ Before replying to specific queries, the assessee

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)

disallowance of the exemption claimed under section 11 and 13 of the Act as the activities of the assessee was in the nature of trade, commerce or business in nature. In response to that the assessee filed the reply of 7th August 2013 and in the reply it was mentioned as under. “ Before replying to specific queries, 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)

disallowance of the exemption claimed under section 11 and 13 of the Act as the activities of the assessee was in the nature of trade, commerce or business in nature. In response to that the assessee filed the reply of 7th August 2013 and in the reply it was mentioned as under. “ Before replying to specific queries, the assessee

INCOME TAX OFFICER-1, MORENA vs. SHRI AGRASEN LOGISTICS, JOTAI ROAD, PORSA,

In the result, the appeal of the Revenue is dismissed

ITA 108/AGR/2025[2022-23]Status: DisposedITAT Agra24 Jun 2025AY 2022-23

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwal

Section 143(2)Section 143(3)Section 250Section 68

133(6) of the Act. However the AO choose a simple way to rely on the surmises & suspicion and treated the entire unsecured loan as unexplained cash credits u/s 68 of the Act. 5.5 It is to be noted that the assessee firm accepted to have received unsecured loan, provided name, PAN, confirmation and bank account statement of the creditors

SUMIT KUMAR,AGRA vs. ITO 1(1)(2), AGRA

In the result, the appeal of the Assessee is allowed

ITA 155/AGR/2025[2020-21]Status: DisposedITAT Agra26 Nov 2025AY 2020-21

Bench: Shri M. Balaganesh(Through Virtual Hearing) Sumit Kumar, Vs. Ito, Village Rampura, Ward-1(1)(2), Gwalior Road, Agra Agra (Appellant) (Respondent) Pan: Buqpk7461L Assessee By : Shri Gaurav Agarwal, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 20/11/2025 Date Of Pronouncement 26/11/2025

For Appellant: Shri Gaurav Agarwal, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 133(6)Section 143(3)Section 40Section 40A(3)

section 133(6) of the Act. The Assessee had also submitted that those parties were not having taxable Sumit Kumar income and hence had not filed their income tax returns. Despite all these explanations and documentary evidences, the Learned AO proceeded to disallow

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

disallowing the claim of interest paid holding the same to be not allowable u/s 57(iii) of the Income Tax Act.” 2. Apropos Ground No.1, the assessee has objected the addition of Rs.2.00 lakhs made u/s 68 of the Act on account of unsecured loan. 3. The Assessing Officer has observed in Para 3.5 of the assessment orderas under

SH. YUGAL KISHOR AGARWAL,AGRA vs. DCIT, CIRCLE 4(3)(1), ETAH

In the result, appeal filed by the assessee is allowed

ITA 3/AGR/2023[2012-13]Status: DisposedITAT Agra15 Jan 2025AY 2012-13

Bench: : Shri Ramit Kocharassessment Year: 2012-13

Section 143(2)Section 143(3)Section 147Section 148Section 57

disallowance of speculation loss of Rs.56,407/- under the head income from business or profession claimed as deduction from interest and remuneration from Partnership Firm as claimed by the assessee in the return of income filed with the Revenue, as the assessee could not furnish any evidences in respect of this loss. 4. Aggrieved, the assessee filed first appeal with

ACIT CIRCLE-2, GWALIOR vs. SHARMA & ASSOCIATES FIRETECH PVT LTD, GWALIOR

In the result, we do not find any error as the assessee has failed to establish the

ITA 352/AGR/2015[2010-11]Status: DisposedITAT Agra19 Aug 2019AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2010-11

disallowance made by the assessing officer for than amount of Rs.131,91,325/-. 17. Further from the perusal of the order of the assessing officer it is amply clear that the notices issued under section 133

SMT. BINA WADHWA,AGRA vs. ITO WARD 1(1)(1), AGRA

In the result, the appeal is allowed for statistical purposes

ITA 147/AGR/2018[2010-11]Status: DisposedITAT Agra18 Sept 2019AY 2010-11

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2010-11

Section 133(6)Section 143(3)Section 147Section 148Section 151Section 16ASection 23ASection 24Section 34ASection 35

133(6), evident from the Assessing Order, and no approval has been taken for issue of notice under section 148 of the Income Tax Act, hence reopening of case without valid approval of Joint Commissioner is bad in law. 2- Because as per sub section (2) of section 151 no notice shall be issued under section 148 by Assessing officer

VIMAL KUMAR,MAINPURI vs. INCOEM TAX OFFICER, WARD-4(2)(4), MAINPURI

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

ITA 39/AGR/2026[2018-19]Status: DisposedITAT Agra02 Apr 2026AY 2018-19

Bench: Shri M. Balaganeshvimal Kumar, Vs. Income Tax Officer, Ramnagar, Halpur, Ward-4(2)(2), Agra, Up Agra (Appellant) (Respondent) Pan: Assessee By : Shri Harsh Agarwal, Ca Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 17/03/2026 Date Of Pronouncement 17/03/2026

For Appellant: Shri Harsh Agarwal, CAFor Respondent: Shri Anil Kumar, Sr. DR
Section 133(6)Section 142(1)Section 147Section 148Section 69C

section 133(6) of the Act by the Learned AO. From the replies furnished by the farmers, the Learned AO tabulated as under:- Sl No. Name of Farmers in the Gross value of Gross payments Difference in amounts list provided by the purchased and made through actually paid to the assessee as well as same amount paid to the bearers

D.C.I.T., CIRCLE-2, GWALIOR vs. M/S PREM MOTORS PVT LTD., GWALIOR

The appeals of the department are dismissed

ITA 327/AGR/2014[2010-11]Status: DisposedITAT Agra16 Nov 2017AY 2010-11
Section 2(22)(e)Section 22Section 40A(2)(b)

133 ITD 1 and decision of various courts as under, have been cited by the appellant - CIT VsAnkitechPvt Ltd and others 340 ITR 14 (Del) CIT Vs AR Magnetics (P) Ltd (2014) 220 Taxman 209 (Del. HC) CIT Vs Daisy Packers (P) Ltd. (2014) 220 Taxman 331 (Guj. HC) CIT VsSuram Holdings (P) Ltd. (2014) 220 Taxman

HARI OM AGARWAL,KOLARAS vs. ITO SHIVPURI, ASHOK NAGAR

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

ITA 91/AGR/2024[2017-18]Status: DisposedITAT Agra17 Jan 2025AY 2017-18

Bench: : Shri Ramit Kocharassessment Year: 2017-18

Section 133(6)Section 143(2)Section 143(3)Section 145(3)Section 250Section 270ASection 37

disallowance is called for being , books of accounts maintained by the assessee are duly accepted, provisions of Section 145(3) are not invoked. The addition made by the AO , sustained by the National Faceless Appeal Centre is liable to be deleted.” 3. Brief facts of the case are that the assessee filed return of income for the impugned assessment year

SATISH PRAKASH AGARWAL,AGRA vs. THE ACIT, CIRCLE 1(2)(1), AGRA, AGRA

In the result, appeal of the assessee is allowed

ITA 113/AGR/2021[2016-17]Status: DisposedITAT Agra07 Feb 2025AY 2016-17

Bench: : Shri Ramit Kocharassessment Year: 2016-17

Section 143(2)Section 143(3)Section 36(1)(iii)

section 36(1)(iii) of the Income-Tax Act, 1961 since the unsecured loans were utilized for making investment in the partnership firm from where income in the form of interest and remuneration was earned and offered for tax in the income-tax return. 4. That on the facts and in the circumstances of the case

RAMJI DAS GUPTA,GWALIOR vs. ACIT CIRCLE-2, GWALIOR

In the result, the appeal is allowed

ITA 152/AGR/2016[2010-11]Status: DisposedITAT Agra05 Oct 2018AY 2010-11

Bench: Shri A. D. Jaina.Y.: 2010-11 Shri Ramji Das Gupta, Vs. Acit, Circle-2, 247, Madhav Nagar, Gwalior. Gwalior Pan Acopg5414C (Appellant) (Respondent)

Section 36Section 57

disallowed. Hence the addition of Rs. 11,69,841/- may kindly be deleted or in the alternative deduction of interest payment to the bank was clearly allowable under law as section 57(lll) of the Income tax Act and may allowed." 2. The facts are that addition of Rs.11,69,841/- was made by the AO out of interest paid

GRAM VIKAS KALYAN SANSTHAN,MATHURA vs. I.T.O. (TDS), AGRA

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

ITA 30/AGR/2016[2010-11]Status: DisposedITAT Agra28 Oct 2025AY 2010-11

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhgram Vikas Kalyan Sansthan, Vs. Income Tax Officer (Tds), Nagla Aklha, Sonkh – Goverdhan Road, Agra. Mathura – 281 123 (Uttar Pradesh). (Pan : Aaatg3272E) (Appellant) (Respondent) Assessee By : Shri Rajan Gupta, Ca Revenue By : Shri Shalenndra Shrivastava, Sr. Dr Date Of Hearing : 13.10.2025 Date Of Order : 28.10.2025

For Appellant: Shri Rajan Gupta, CAFor Respondent: Shri Shalenndra Shrivastava, Sr. DR
Section 194CSection 201Section 201(1)

section 201/201(1A) of the Act. In case, the payee declares the abovesaid income in their return of income and pays the due tax, the liability of the assessee is discharged and before making the disallowance, the Assessing Officer has to determine whether the assessee is in default or not u/s 201/201(1A). In 7 case, it is found that

ANUPAM MITTAL,AGRA vs. ITO WARD 2(1)(1), AGRA, AGRA

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

ITA 233/AGR/2024[2018-19]Status: DisposedITAT Agra18 Jul 2025AY 2018-19

Bench: Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh[Assessment Year: 2018-19]

Section 133(6)Section 143(3)Section 68

disallowance of payment of interest) without properly appreciating the facts brought on record by the Appellant during the course of assessment and appellate proceedings. 2. That the learned Commissioner of Income tax (Appeals) (NFAC) has grossly misconceived the provisions of section 68 of the Income tax Act, 1961 through which the onus automatically shifts upon the Assessing Officer to make

ACIT, CC, AGRA, AGRA vs. HMA AGRO INDUSTRIES LIMITED,, AGRA

In the result, ground no.1 raised by the Revenue is accordingly dismissed

ITA 303/AGR/2025[2023-24]Status: DisposedITAT Agra04 Dec 2025AY 2023-24

Bench: Shris.Rifaur Rahman & Shri Sunil Kumar Singhhma Agro Industries Limited, Vs. Dcit, Central Circle, 2/220, 2Nd Floor, Glory Plaza, Agra. Opp. Soor Sadan, M.G. Road, Agra – 282 002. (Pan :Aacch0450J)

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Arun Kumar Yadav, CIT DR
Section 143(3)Section 147Section 148Section 263Section 40ASection 68

disallowances. However, Ld PCIT was of the opinion that the AO had not verified the above issues by overlooking the immediate cash withdrawals by Mr. Irfan or transfers to other accounts, may be dummy accounts maintained by him. The nature of cash withdrawals indicates modus operandi for providing accommodation entries, the immediate cash withdrawal and transfer of funds to other