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38 results for “disallowance”+ Section 36(1)clear

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Key Topics

Section 143(3)59Addition to Income32Section 37(1)25Bogus Purchases19Section 153A16Section 26315Natural Justice15Section 14514Section 142A14Section 153D

DEPUTY COMMISSIONER OF INCOME TAX, AGRA vs. MAHESH EDIBLE OIL INDUSTRIES LTD, DELHI

ITA 162/AGR/2023[2017-18]Status: DisposedITAT Agra25 Apr 2025AY 2017-18
Section 142ASection 143(3)Section 145Section 153ASection 37(1)

section 132A. Similar is the\ndecision of Hon'ble Bombay High Court in the case of CIT vs.\nContinental Warehousing Corporation [2015; 374 ITR 645] which has\nbeen followed in subsequent decision in CIT V/s Gurinder Singh Bawa\n(79 Taxmann.com 398 05/10/2015) which deals with a situation where\nin the original return of income was processed u/s 143(1

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

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

ITA 273/AGR/2024[2015-16]Status: Disposed

Showing 1–20 of 38 · Page 1 of 2

14
Section 143(1)11
Disallowance10
ITAT Agra
03 Feb 2025
AY 2015-16
For Appellant: NoneFor Respondent: \nShri Sukesh Kumar Jain, CIT DR
Section 133(6)Section 143(3)

1 to 3 raised by the assessee are challenging the confirmation of disallowance of purchases made by the assessee.\n3. We have heard the Id DR and perused the materials available on record. The return of income for the assessment year 2015-16 was filed by the Assessee declaring total income of Rs 8,68,68,625/-. During the course

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)

1 to 3 raised by the assessee are challenging the confirmation of disallowance of purchases made by the assessee. 3. We have heard the ld DR and perused the materials available on record. The return of income for the assessment year 2015-16 was filed by the Assessee declaring total income of Rs 8,68,68,625/-. During the course

GOVIND AGARWAL, GWALIOR,GWALIOR vs. DCIT- CIRCLE 2(1), GWALIOR, GWALIOR

In the result, the appeal of the assessee is allowed

ITA 65/AGR/2022[2018-19]Status: DisposedITAT Agra29 May 2025AY 2018-19

Bench: SHRI SUNIL KUMAR SINGH (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 143Section 143(1)Section 143(3)Section 2(24)(x)Section 36(1)(va)

1) in terms of impugned order dated 26.04.2019 has made disallowance of delayed payment of employees’s contribution towards PF/ESI by invoking the provisions of section 36

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)

disallowance of Rs. 34,38,533/ made by the Ld. Assessing Officer even when the entire amount of interest expense on unsecured loans was allowable as deduction under section 36(1

ASHOK AUTO SALES LTD.,AGRA vs. DCITCIRCLE-2(1)(1), AGRA

In the result, the appeal of the assessee stands dismissed

ITA 80/AGR/2021[2018-19]Status: DisposedITAT Agra16 Oct 2023AY 2018-19

Bench: Shri Shamim Yahya & Shri Anubhav Sharma[Assessment Year: 2018-19] Ashok Auto Sales Limited, Dcit, 12/146, Nunhai, Agra, Circle-2(1)(1), Uttar Pradesh-282005 Vs Agra Pan-Aabca3711C Assessee Revenue

Section 143(1)Section 143(1)(a)Section 36(1)(v)

36(1)(v)(a) r.w.s. 2(24)(x) leading to disallowance of the sum to the extent not credited to the employee's account on or before the due date stipulated in the respective PF Act and ESI Act. Therefore, in view of the remarks in the audit report, adjustments can be made in terms of section

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

In the result, appeal filed by the assessee for AY 2019-20 is\nallowed and appeals filed by the Revenue in AYs 2021-22, 2022-23 and\n2023-24 are dismissed

ITA 302/AGR/2025[2022-23]Status: DisposedITAT Agra04 Dec 2025AY 2022-23
Section 143(3)Section 147Section 148Section 263Section 40ASection 68

36 to page 40\nof the order of CIT(A), further stated that there was no basis of making\nthe disallowance of 109,94,70,000/- out of the total purchases of alive\nanimals to the tune of Rs. 170,70,52,786/- without pointing out\nspecific purchases to be bogus, and it was only on the basis of doubt

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

In the result, the appeal is allowed

ITA 131/AGR/2025[2016-17]Status: DisposedITAT Agra28 Oct 2025AY 2016-17
Section 143(1)Section 143(2)Section 144Section 250

36,484/-\n2.\nConveyance Expenses\n1,26,809/-\n31,702/-\n3.\nDepreciation Expenses\n2,44,778/-\n61,195/-\n4.\nDress Expenses\n1,99,408/-\n49,852/-\n5.\nEmployee Provident Fund\n81,22,815/-\n20,30,704/-\n6.\nEmployee State Insurance\n15,29,419/-\n3,82,355/-\n7.\nRebate & discount\n2,35,195/-\n58,799/-\n8.\nRent Expenses

DEEPAK POPTANI,AGRA vs. J.A.O CIRCLE 1(1)(1), AGRA

In the result, assessee’s appeal is partly allowed for statistical

ITA 42/AGR/2022[2019-2020]Status: DisposedITAT Agra26 Nov 2025AY 2019-2020

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2019-20

Section 143(1)Section 250Section 254(2)Section 36(1)(iv)Section 43B

1, the Tribunal seems to have lost sight of bifurcation provided by assessee in his written submissions dated 09.02.2024 and treated the entire amount of Rs.1,30,583/- as employees’ contribution liable for disallowance as per order dated 12.10.2022 passed by Hon’ble Supreme Court in Checkmate Services P. Ltd. v. CIT. Learned AR has drawn attention of the Bench

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

ABC PAPER PRODUCTS,AGRA vs. INCOME TAX OFFICER 1(1)(1) AGRA, AGRA

In the result, the appeal of the assessee is dismissed

ITA 146/AGR/2025[2018-19]Status: DisposedITAT Agra24 Jun 2025AY 2018-19
Section 10(37)Section 143(3)Section 250Section 250(4)Section 250(6)

1).\nTherefore, in cases other than those covered by Section 46 of the 2013 Land\nAcquisition Act, the levy of income-tax is barred by Section 96 and as a\nconsequence, the deduction or collection under Section 194LA of the Income Tax Act,\n1961, is impermissible\".\nIt is further seen that according to section 96 of the said

HYDRISE FOODS PRIVATE LIMITED,NOIDA, UTTAR PRADESH, INDIA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AGRA, AGRA, UTTAR PRADESH, INDIA

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

ITA 86/AGR/2024[2017-18]Status: DisposedITAT Agra04 Dec 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing)

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Sukesh Kumar Jain, CIT DR
Section 132(1)Section 143(3)Section 153ASection 153D

36. Since, this issue go to the root of the matter, we deem it fit and appropriate to address this preliminary ground first. 3. We have heard the rival submissions and perused the materials available from record. The name of the assessee company was changed from Shree Basant Exim Pvt Ltd to Hydrise Foods Pvt. Ltd. A search and seizure

HYDRISE FOODS PRIVATE LIMITED,UTTAR PRADESH, INDIA vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, AGRA, AGRA, UTTAR PRADESH, INDIA

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

ITA 87/AGR/2024[2018-19]Status: DisposedITAT Agra04 Dec 2025AY 2018-19

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing)

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Sukesh Kumar Jain, CIT DR
Section 132(1)Section 143(3)Section 153ASection 153D

36. Since, this issue go to the root of the matter, we deem it fit and appropriate to address this preliminary ground first. 3. We have heard the rival submissions and perused the materials available from record. The name of the assessee company was changed from Shree Basant Exim Pvt Ltd to Hydrise Foods Pvt. Ltd. A search and seizure

K P ENTERPRISES,ETAWAH vs. ASSISTANT COMMISSIONER OF INCOME TAX , FIROZABAD

In the result, the appeal filed by the assessee is allowed

ITA 341/AGR/2025[2014-15]Status: DisposedITAT Agra28 Oct 2025AY 2014-15

Bench: SHRIS.RIFAUR RAHMAN (Accountant Member), SHRI SUNIL KUMAR SINGH (Judicial Member)

For Appellant: Shri Rajesh Malhotra, CAFor Respondent: Shri Shailendra Srivastava, Sr.DR
Section 143(3)Section 145(3)Section 154Section 271(1)(c)

section 271(1)(c) the Act. In the penalty order, the AO observed that the assessee firm was in the business of civil contracts and working for Government department during the period relevant to the AY 2014-15 and it filed its return of income on 26.11.2014 for the year under consideration declaring total income at Rs.41,98,630/-. Subsequently

ASHOKA GENERAL INDUSTRIES,MATHURA vs. JURISDICTIONAL A.O., WARD-1(3)(1), MATHURA

In the result, appeal filed by the assessee is dismissed

ITA 25/AGR/2022[2019]Status: HeardITAT Agra09 Nov 2023

Bench: Due Date Of Filing Of Return. The Impugned Order Is Grossly Arbitrary, Highly Unjust, Unwarranted, Perverse, Wrong, Illegal & Bad In Law.

Section 143(1)Section 36Section 438

1. BECAUSE, upon due consideration of facts and in the overall circumstances of the case the NFAC was highly unjustified in confirming disallowance of Rs.6,14,929/- in respect of payment against Employees Contribution to Provident Fund/ ESI deposited during the Financial Year itself before due date of filing of Return. The impugned order is grossly arbitrary, highly unjust, unwarranted

MAHESH EDIBLE OIL INDUSTRIES LIMITED,DELHI vs. ASSTT. COMMISSIONER OF INCOME TAX, AGRA

ITA 117/AGR/2023[2017-18]Status: DisposedITAT Agra25 Apr 2025AY 2017-18
Section 142ASection 143(3)Section 145Section 153ASection 37(1)

section 132A. Similar is the\ndecision of Hon'ble Bombay High Court in the case of CIT vs.\nContinental Warehousing Corporation [2015; 374 ITR 645] which has\nbeen followed in subsequent decision in CIT V/s Gurinder Singh Bawa\n(79 Taxmann.com 398 05/10/2015) which deals with a situation where\nin the original return of income was processed u/s 143(1

DEPUTY COMMISSIONER OF INCOME TAX, AGRA vs. MAHESH EDIBLE OIL INDUSTRIES LTD, DELHI

ITA 157/AGR/2023[2013-14]Status: DisposedITAT Agra25 Apr 2025AY 2013-14
Section 142ASection 143(3)Section 145Section 153ASection 37(1)

section 132A. Similar is the\ndecision of Hon'ble Bombay High Court in the case of CIT vs.\nContinental Warehousing Corporation [2015; 374 ITR 645] which has\nbeen followed in subsequent decision in CIT V/s Gurinder Singh Bawa\n(79 Taxmann.com 398 05/10/2015) which deals with a situation where\nin the original return of income was processed u/s 143(1

HMA AGRO INDUSTRIES LIMITED,AGRA vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE, AGRA, AGRA

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

ITA 251/AGR/2025[2018-2019]Status: DisposedITAT Agra04 Dec 2025AY 2018-2019

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

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

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

ITA 301/AGR/2025[2021-22]Status: DisposedITAT Agra04 Dec 2025AY 2021-22

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

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