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54 results for “disallowance”+ Section 57clear

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Key Topics

Section 143(3)58Addition to Income48Section 37(1)28Section 5722Natural Justice21Section 10(38)20Section 153A19Disallowance17Bogus Purchases17Section 145

AKASH GOYAL,AGRA vs. ACIT CIRCLE 1(1)(1), AGRA

In the result, appeal is allowed

ITA 234/AGR/2018[2015-16]Status: DisposedITAT Agra04 Nov 2019AY 2015-16

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 143(3)Section 57

section 57(iii) is less than the quantum of interest earned by the appellant and so no disallowance out of it can be made

M/S. VENUS AUTO FIROZABAD,FIROZABAD vs. ACIT-2 RANGE-5, FIROZABAD

In the result, the appeal is allowed

ITA 64/AGR/2015[2010-11]Status: DisposedITAT Agra19 Dec 2017AY 2010-11

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenavenus Auto Vs..Dcit-Range-5, Bye Pass Road, Firozabad. Firozabad. Panno.Aacfv2616H (Assessee) (Revenue)

Showing 1–20 of 54 · Page 1 of 3

14
Section 142A14
Section 26314
Section 2Section 234BSection 36

57,35,250/-, directed the Assessing Officer to recompute the disallowance by giving benefit to the assessee of Rs. 39,45,705/-, being interest free advance available with it and of another Rs. 4 lacs advanced to one Venus Satiate Vehicle Service Pvt. Ltd. which advance has been believed to be made for business purposes.” The assessee’s appeal before

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

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)

57,000/- has been rightly deleted by the ld CITA. 19. With regard to bonus payment of Rs 1,31,750/-, the same was paid to various contractors and to various labourers and since the payment made to each labourer did not exceed Rs 10,000/-, there cannot be any disallowance under section

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 expenses of Rs.12,15,413/- by invoking the provisions of section 57(iii) and other disallowance is of Rs.56

BRIJESH PODDAR M/S KRISHAN KANHAIYA TEXTILES,HATHARS vs. ITO WARD 4(3)(4), HATHRAS

In the result, the appeal of the assessee is allowed

ITA 528/AGR/2025[2023-24]Status: DisposedITAT Agra03 Feb 2026AY 2023-24

Bench: Shri M. Balaganeshshri Brijesh Poddar (Prop), Vs. Ito, M/S. Krishna Kanhiya Ward-4(3)(4), Poddar Textile, Hanuman Hathras Gali, Hathras, Up (Appellant) (Respondent) Pan: Azgpp1350B Assessee By : Shri Pankaj Gargh, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 21/01/2026 Date Of Pronouncement 03/02/2026

For Appellant: Shri Pankaj Gargh, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 115BSection 143(1)Section 143(3)Section 57

disallowed by the learned AO under Section 57 of the Act while completing the assessment on 12-03-2025. This

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

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

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

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 the payment as deduction because TDS was not deducted. Therefore, the consequence of non-deduction of TDS when the payment is to a non-resident has an adverse consequence to the payer. Since it is mandatory in terms of Section 40 (a) (i) for the payer to deduct TDS from the payment to the non-resident, the latter

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

section 43 B is not applicable in the case of the assessee. The findings of the ld. CIT(A) on the issue of service tax are perverse to that extent and can not be sustained. 6.5.1 In the above view, the grievance of the assessee on the issue of service tax is accepted as genuine and the addition so made

SH SANJAY BANSAL ,MORENA vs. A.C.I.T (CENTRAL), GWALIOR

In the result, assessee's appeal is dismissed

ITA 31/AGR/2022[2012 - 13]Status: DisposedITAT Agra29 Apr 2025

Bench: learned CIT(Appeals) who has very exhaustively passed the impugned order in 60 pages and considered all the submissions of the assessee in the tabulated form and otherwise, which need not to be repeated again for the sake of brevity. However, learned CIT(Appeals) partly allowed assessee's appeal confirming the addition only to the extent of Rs.71,44,045/- as against addition of Rs.91,06,669/-. 4. Assessee is in appeal before the Tribunal on the following grounds : "1.Because in any view, th

Section 143(3)Section 147Section 148Section 250Section 69

57,00,000/ for so called unexplained Cash deposit in Bank Account u/s 69 of the I.T. Act Rs. 9,44,045/- for so called Cash Purchases and disallowable expenditure uls 40A(3) read with Rule 6DD of the 1.T. Act Rs. 71,44,045/ is grossily arbitrary, highly unjust, unwarranted capricious, wrong. illegal, bad in facts

M/S RAJEEV KUMAR CONTRACTOR PVT.LTD.,FIROZABAD vs. ACIT., CIRCLE-2(2)(1), FIROZABAD

Appeal is allowed in above terms

ITA 744/AGR/2018[2015-16]Status: DisposedITAT Agra03 Feb 2025AY 2015-16

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganesh

For Appellant: Sh. Rajendra Sharma, AdvFor Respondent: Sh. Sukesh Kumar Jain, CIT-DR
Section 263Section 57Section 57(3)

section 57(3) interest deduction against interest income from other sources could not be accepted in the assessee’s favour. 4. Both the learned representative reiterate their respective stand against and in support of correctness of the impugned revision directions. We first of all not in this factual backdrop that the assessee has filed his paper book running into

SHRI PUNEET BANGLA,AGRA vs. ITO 1(3), AGRA

In the result, the appeal is partly allowed

ITA 141/AGR/2017[2012-13]Status: DisposedITAT Agra30 Jul 2018AY 2012-13

Bench: Shri A. D. Jain

Section 36Section 57

disallowed by the AO as well as the ld. CIT(A). 8. Heard. A reading of the order under appeal, at first blush, does not evince this factual position, as contended by the assessee, to have been so shown before the Authorities below. However, we have been taken through the copies of the documents certified to have been furnished before

M/S AGRA CINEMA EXHIBITORS P LTD,AGRA vs. ITO 4(1), AGRA

In the result, the appeal is allowed

ITA 43/AGR/2017[2012-13]Status: DisposedITAT Agra29 Sept 2017AY 2012-13

Bench: Shri A. D. Jain

Section 56Section 57

disallowance made is wrong, illegal and liable to be deleted. Reliance placed: - 65ITR381 (SC) CIT vs. Walchand And Co. Private Ltd (Copy enclosed Pg. 3/1 to 3/7) In applying the test of commercial For determining whether an expenditure was wholly and exclusively laid out for the purpose of the business, reasonableness of the expenditure has to be adjudged from

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)

57,600/- being equivalent to six month’s rent. As regards M/s TAPL it was noted that assessee had rented out to them 100% of Basement, 50% of ground floor, 50% of Mezzanine and 100% of first floor of its property aggregating to 12600 Sq Ft @ 10,000/- per month and they had made a deposit of ITA 322 & 327/Agra/2015

MAYA SHIKSHAN PASHISHAN SANSTHAN,HATHRAS vs. ASSESSING OFFICER, WARD-4(3)(4), HATHRAS

In the result, appeal is allowed for statistical purposes

ITA 235/AGR/2025[2018-19]Status: DisposedITAT Agra26 Sept 2025AY 2018-19

Bench: : Shri S. Rifaur Rahman & Shri Sunil Kumar Singhassessment Year: 2018-19

Section 143(1)Section 249(2)Section 250

57,348/- were disallowed and tax was imposed on the entire gross receipts vide order dated 31.01.2020 u/s. 143(1) of the Act. 3. Aggrieved assessee preferred an appeal before learned CIT(Appeals), who dismissed assessee’s first appeal in limine, being beyond the period of limitation as provided u/s. 249(2) of the Act. 4. This second appeal

NAVIN CHAND,AGRA vs. ACIT CIRCLE-2(1), AGRA

In the result the appeal of the assessee is allowed our direction

ITA 357/AGR/2018[2008-09]Status: DisposedITAT Agra15 Oct 2019AY 2008-09
Section 143Section 143(1)Section 154

section 154 of the Income Tax Act, 1961 about the income tax demand raised through a letter dated 07.11.2013 which had also been never received by the appellant and the same had been send at the old address of the appellant. 3) That the learned Commissioner of Income Tax (Appeals)-I has erred in law and on facts in sustaining

SNEHA PANDEY,ETAWAH vs. INCOME TAX OFFICER 2(2)(5) ETAWAH, ETAWAH

In the result, the appeal is allowed for statistical purposes

ITA 138/AGR/2025[2020-21]Status: DisposedITAT Agra30 Jul 2025AY 2020-21

Bench: : Shri Sunil Kumar Singh & Shri Brajesh Kumar Singh

Section 143(3)Section 250Section 250(6)

57,000/- on account of disallowance of indexed cost of improvement as LTCG, made by the Assessing Officer vide assessment order dated 23.09.2022 passed u/s. 143(3) r.w.s. 144B of the Act. 2. At the very outset, we notice that the assessee filed this second appeal on 12.03.2025 against the impugned order passed on 15.05.2024. The reasons mentioned

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