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42 results for “disallowance”+ Section 54clear

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Key Topics

Section 143(3)43Addition to Income33Section 37(1)28Section 5425Section 10(38)20Section 153A19Natural Justice19Section 14515Disallowance15Section 142A

ALAUDDIN,AGRA vs. ITO, WARD 1(1)(1), AGRA, AGRA

In the result, the appeal is partly allowed for statistical purposes

ITA 241/AGR/2024[2015-16]Status: DisposedITAT Agra20 Jun 2025AY 2015-16

Bench: : Shri Sunil Kumar Singh & Shri Manish Agarwalassessment Year: 2015-16

Section 142(1)Section 147Section 148Section 151Section 2(14)Section 250Section 54

section 151 of the Act. The statutory notice dated 31.03.2021 issued u/s. 148 and subsequent notice issued u/s. 142(1) with questionnaire dated 15.11.2021 stood un-responded by the assessee. The assessee, however, submitted his reply dated 20.02.2022 in response to notice u/s. 142(1) dated 24.12.2021, which as per Assessing Officer, was not found satisfactory. Thereafter, show cause notice

Showing 1–20 of 42 · Page 1 of 3

14
Bogus Purchases14
Exemption12

ANIL KUMAR GOYAL HUF,FIROZABAD vs. ITO WARD-5(1), FIROZABAD

In the result, the appeal of the assessee is allowed

ITA 189/AGR/2017[2012-13]Status: DisposedITAT Agra30 Jul 2019AY 2012-13

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year:2012-13

Section 54Section 54F

section 54 of the IT Act. The 3 authorities below were not justified is not properly appreciating the position of law and facts and have erred in not allowing exemption u/s 54 of IT Act. 5. Because the order of CIT Appeal is illegal and bad in law deserved to be cancelled.” Brief facts: 2. The assessee sold a residential

DINESH CHANDRA DUTTA,ALIGARH vs. CIT A, ALIGARH

In the result, the appeal of the assessee is allowed

ITA 786/AGR/2018[2015-16]Status: DisposedITAT Agra08 Mar 2021AY 2015-16

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2015-16

Section 54Section 54ESection 54F

54 could be allowed only in respect of one flat. 3. The assessee preferred appeal before the ld. CIT(A) who sustained the disallowance on the premise that the legal position has changed w.e.f. 01.04.2015 and in section

M/S KALYANI BUILDWELL PRIVATE LTD,AGRA vs. ACIT CIRCLE4(1), AGRA

In the result, the appeal is partly allowed for statistical purpose

ITA 292/AGR/2016[2011-12]Status: DisposedITAT Agra22 Mar 2019AY 2011-12

Bench: Shri Sudhanshu Srivastava & Dr. Mitha Lal Meenam/S Kalyani Buildwell (P) Ltd., Vs. Asstt. Commissioner Of Kalyani Point, Near Tulsi Income-Tax, Circle-4(1), Agra Cinema, Bye-Pass Road, Agra Pan No: Aacck7095G (Assessee) (Revenue)

Section 133ASection 43B

54,470/- and Difference of cash Rs. 29,63,017/- and accordingly, the total income was assessed at Rs.2,16,41,700/- 3. Aggrieved appellant, had filed appeal before the CIT(A) who vide his order dated 31.03.2016 and corrigendum thereto dated 30.09.2016 had sustained the additions/disallowances by endorsing the finding of 3 the assessing officer. Aggrieved by the order

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)

54,48,269/- being the excess shown in the 'income and expenditure' account. The authorities below have erroneously disallowed the benefit of exemption u/s 11 claimed by the appellant. The disallowance is again in utter disregard to the authoritative judicial pronouncements. The exemption u/s 11, being in accordance with report in 10B, may kindly be directed to be granted

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)

54,48,269/- being the excess shown in the 'income and expenditure' account. The authorities below have erroneously disallowed the benefit of exemption u/s 11 claimed by the appellant. The disallowance is again in utter disregard to the authoritative judicial pronouncements. The exemption u/s 11, being in accordance with report in 10B, may kindly be directed to be granted

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)

54,48,269/- being the excess shown in the 'income and expenditure' account. The authorities below have erroneously disallowed the benefit of exemption u/s 11 claimed by the appellant. The disallowance is again in utter disregard to the authoritative judicial pronouncements. The exemption u/s 11, being in accordance with report in 10B, may kindly be directed to be granted

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

disallowed in quantum proceedings, was certified to be correct by the Chartered Accountant, who furnished the prescribed certificate in Form No.10CCB. The Hon'ble High Court held that mere filing of Form issued by the Chartered Accountant in order to comply with a statutory procedural requirement will not absolve the assessee of its liability, if the act of claiming deduction

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

disallowed in quantum proceedings, was certified to be correct by the Chartered Accountant, who furnished the prescribed certificate in Form No.10CCB. The Hon'ble High Court held that mere filing of Form issued by the Chartered Accountant in order to comply with a statutory procedural requirement will not absolve the assessee of its liability, if the act of claiming deduction

SHRI BASANT MAKHIJA,GWALIOR vs. A.C.I.T. CIRCLE-I, GWALIOR

In the result, the appeals and Cross objection are allowed for statistical purposes

ITA 23/AGR/2015[2008-09]Status: DisposedITAT Agra04 Jul 2019AY 2008-09

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2008-09

Section 2(14)(iii)Section 54Section 548Section 54B

54 in para 4 to the following effect : Issue of disallowing the rebate/exemption from long term capital gain: Assessee sold agriculture land for Rs. 88,38,000/- situated at Kedar Pur. This 7 bigha agriculture land was purchased on 16.09.1997 for Rs. 4,27,778/- which has the price of Rs. 7.12.102/- as per cost inflation index. After including

HARI SINGH,MATHURA vs. ITO WARD-3(2), MATHURA

In the result, the appeal of the assessee for statistical purposes treated as

ITA 440/AGR/2017[2009-10]Status: DisposedITAT Agra30 Jul 2019AY 2009-10

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

Section 144Section 54Section 54BSection 54CSection 54F

54 C at Rs 401454/-. I.T.A No.440/Agra/2017 4 2. That There after the assessee purchased agricultural land for Rs. 1,70,000/- at Bharatpur and remaining amount of sale proceeds was Incurred in making payments due for labour engaged and material purchase for construction of new residential house at village chharora post chhatikara Distt- Mathura and thus the appellant

GIRDHARI LAL KEDAR NATH SINGHAL,AGRA vs. THE INCOME TAX OFFICER 1(1)(1), AGRA

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

ITA 182/AGR/2025[2017-18]Status: DisposedITAT Agra03 Sept 2025AY 2017-18

Bench: Shri S.Rifaur Rahmangirdhari Lal Kedar Nath Singhal, Vs. Ito 1 (1)(1), Ff – 1, Bhagwati Complex, Agra. M.G. Road, Opp. Shah Cinema, Agra – 282 002 (Uttar Pradesh). (Pan : Aacfg5458N) (Appellant) (Respondent) Assessee By : Shri Naveen Garg, Advocate Revenue By : Shri Anil Kumar, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 03.09.2025

For Appellant: Shri Naveen Garg, AdvocateFor Respondent: Shri Anil Kumar, Sr. DR
Section 131Section 143(1)Section 143(2)Section 44ASection 80G

54,349/- and another receipts and declared net profit of Rs.4,94,875/-. The books of account were also audited under section 44AB of the Act. He further observed that in the immediate preceding AYs 2015-16 and 2016-17, the assessee has declared the income under the provisions of section 44AD of the Act i.e. net profit

AL HAMD AGRO FOOD PRODUCTS PVT LTD,ALIGARH vs. DC/ACIT, ALIGARH

In the result, appeal filed by assessee is allowed

ITA 63/AGR/2025[2020-21]Status: DisposedITAT Agra15 Jan 2026AY 2020-21

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

Section 143(2)Section 250(6)Section 40

disallowance of a payment made to a non-resident if TDS is not deducted, is no doubt meant to be a deterrent in order to compel the resident payer to deduct TDS while making the payment. However, that does not answer the requirement of Article 26 (3) of the DTAA that the payment to both residents and non-residents should

TOMAR BROTHERS,ETAWAH vs. ITO-2(2)(5), ETAWAH

The appeal of the assessee is allowed for statistical

ITA 255/AGR/2018[2014-15]Status: DisposedITAT Agra19 Jun 2019AY 2014-15

Bench: Shri Laliet Kumar,And Dr. Mitha Lal Meena

Section 143(2)Section 234B

disallowance @ of 20% aggregating to aggregating to Rs.10,54,363/- under the head ‘Sundry Debtors & Creditors’. Because while making the assessment ‘AO’ made various 5. observations /conclusions which are contrary to facts available on records. While making the addition submission made and evidences filed have been rejected arbitrarily. I.T.A No. 255/Agra/2018 3 6. BECAUSE, the 'appellant' denies levy of interest

DCIT EXMP.CIRCLE, BHOPAL vs. BIRLA JAN SEWA TRUST, GWALIOR

In the result, appeal filed by the Revenue is dismissed

ITA 147/AGR/2017[2012-13]Status: DisposedITAT Agra20 Sept 2019AY 2012-13

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2012-13

Section 10Section 11Section 12ASection 13Section 13(3)

section 13(3) of the Act, The AO has made the disallowance because he was of the opinion that excessive payment has been made by the appellant to these persons. (ii) Payment to Dr. RavishankarDalmia- Dr. Dalmia is DM Cardiology and HOD of DMBIMR Heart Center. The gross receipts of this heart center in the financial year

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

section 199. It therefore applies to pending proceedings. As observed in State of Madras v. Lateef Hamid & Co. AIR 1972 SC 1781, where a new procedure is prescribed by law, it governs all pending cases. ITA Nos. 195 & 196/Agr/2015 11 19. In Tikaram & Sons v. Commissioner of Sales Tax AIR 1968 SC 1286 it was held that alterations

TOMAR & BROTHERS,ETAWAH vs. INCOME TAX OFFICER 2(2)(5) ETAWAH, ETAWAH

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

ITA 440/AGR/2025[2014-15]Status: DisposedITAT Agra15 Jan 2026AY 2014-15

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2014-15

Section 271(1)(c)Section 40Section 41(1)Section 68

disallowance of expenses u/s. 40(a)(ia) of the Act. (C) Addition of Rs.10,54,363/- of sundry creditors/debtors. In this regard, he submitted that the addition was made u/s. 41(1) and not u/s. 68 of the Act to invoke the provisions of section

MOHD NAYEEM,JHANSI vs. ITO WARD 2(3)(5), JHANSI, JHANSI

In the result, grounds raised by the assessee including additional ground are remitted to the file of the Assessing Officer

ITA 36/AGR/2025[2020-2021]Status: DisposedITAT Agra18 Feb 2026AY 2020-2021

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2020-21 Mohd Nayeem Vs. Income-Tax Officer, 74, Sadar Bazar Ward 2(3)(5), Jhanshi Jhansi Pan : Acfpn3382F (Appellant) (Respondent) Assessee By Sh. Nitin Goyal, Advocate & Sh. Amit Goyal, Advocate Department By Sh. Anil Kumar, Sr. Dr Date Of Hearing 16.02.2026 Date Of Pronouncement 18.02.2026 Order Per : S. Rifaur Rahman: The Assessee Has Preferred This Appeal Against The Order Of Learned Cit(Appeals) -2, Chennai Dated 05.12.2024 U/S. 250 Of The Income-Tax Act, 1961 (“The Act” For Short) For The Assessment Year 2020- 21. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice, Brief Facts Of The Case Relating To The Issues Are, Ld. Ar Submitted That The Assessee In Summary Assessment U/S 143(1) Of The Act Based On The Audit Report Disallowed The Amount Wherein The Auditor Has Declared In Form No. 3Cd That There Is Outstanding Payment Due Of Rs. 81,08,561/- To Gst, Based On The Above Audit Report,Cpc Has Disallowed The Above Said Outstanding U/S 43B Of The Act.

Section 143(1)Section 145Section 250Section 43B

Section Nature of liability Amount Tax, Duty, Cess, Fee GST 8108561 etc (State No whether sales tax, goods & service Tax, customs duty, excise duty or any other indirect tax, levy, cess, impost, etc., is passed through the profit and loss account.) That at the outset there had been no requirement of such remark in the audit report if all such

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

A.C.I.T., CIRCLE-2,, AGRA vs. M/S SAKSHI TAIRI & CHHAYA BATTAD, MORENA

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

ITA 170/AGR/2014[2005-06]Status: DisposedITAT Agra19 Aug 2019AY 2005-06

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

Section 10(38)Section 153A

Disallowance of exemption u/s 10(38) of the IT Act claimed for Long Term Capital Gain of Rs. 4,99,59,467 on sale of shares are hereby deleted and these grounds of appeal are allowed." 26. It was submitted that on the basis of the above that once the submission has been accepted by the Settlement Commission then