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23 results for “disallowance”+ Section 73(1)clear

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Key Topics

Addition to Income18Section 12A11Section 271(1)(c)10Section 143(3)9Section 1479Disallowance9Section 143(1)8Section 145(3)7Section 2746Section 2(15)

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)

Section 2Section 234BSection 36

73,38,986/- to his family members, that by itself could not be put to doubt and on which the interest was disallowed under Section 36 (1

DIXIT RICE MILL ,AURAIYA vs. DCIT, BENGALURU

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

ITA 373/AGR/2018[2016-17]Status: DisposedITAT Agra

Showing 1–20 of 23 · Page 1 of 2

6
Natural Justice5
Penalty4
10 Jan 2020
AY 2016-17

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 143(1)Section 246Section 246ASection 36

1) being bad in law is liable to be quashed. 4. Because in any view of the matter, no opportunity was provided to the assessee, by the CPC, before making such disallowance and therefore the disallowance being made is against the principle of natural justice and bad in law and hence liable to be deleted. 5. Because the additional grounds

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

TAHIR KHAN,JHANSI vs. INCOME TAX OFFICER-2(3)(1), JHANSI

In the result, assessee’s appeal is allowed

ITA 468/AGR/2025[2014-15]Status: DisposedITAT Agra15 Jan 2026AY 2014-15

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

Section 143(3)Section 250Section 271(1)(c)Section 274Section 292BSection 56(2)(vii)

disallowance of various other expenses amounting to Rs.50,000/- and addition of Rs.97,31,000/- u/s. 56(2)(vii) of the Act. Based on the above additions, the Assessing Officer initiated penalty proceedings and imposed penalty of Rs.83,45,158/- u/s. 271(1)(c) of the Act. The aforesaid additions made by the Assessing Officer stood confirmed by learned

M/S NAVADA EDUCATIONAL TRUST,AGRA vs. ITO 4(3), AGRA

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

ITA 296/AGR/2016[2011-12]Status: DisposedITAT Agra21 Nov 2017AY 2011-12

Bench: Shri A. D. Jain & Dr. Mitha Lal Meena

Section 12A

1. That the CIT(A) has erred on facts and in law to hold that the appellant did not file details of sundry creditors at the assessment stage. 2. That the learned C1T(A) has erred on facts and in law to deny the admission^ of additional supplementary evidence in support of the primary evidence produced at the assessment stage

VECTUS INDUSTRIES LTD.,,GWALIOR vs. DCIT/ACIT 1(1), GWALIOR

In the result, the appeal of the assessee is allowed

ITA 8/AGR/2023[2018-19]Status: DisposedITAT Agra06 Feb 2025AY 2018-19

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Shailender Shrivastava, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

73 taxmann.com 241, the appeal against which was dismissed by the Supreme Court of India in SLP No. 11485 of 2016 by order dated 5th August, 2016. 22. On this issue again this Court is unable to find any error having been committed by the ITAT. No substantial question of law arises. 23. The appeals are accordingly dismissed

VECTUS INDUSTRIES LTD.,,GWALIOR vs. DCIT/ACIT 1(1) , GWALIOR

In the result, the appeal of the assessee is allowed

ITA 7/AGR/2023[2017-18]Status: DisposedITAT Agra06 Feb 2025AY 2017-18

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Shailender Shrivastava, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

73 taxmann.com 241, the appeal against which was dismissed by the Supreme Court of India in SLP No. 11485 of 2016 by order dated 5th August, 2016. 22. On this issue again this Court is unable to find any error having been committed by the ITAT. No substantial question of law arises. 23. The appeals are accordingly dismissed

VECTUS INDUSTRIES LTD.,GWALIOR vs. DCIT/ACIT 1(1), GWALIOR

In the result, the appeal of the assessee is allowed

ITA 6/AGR/2023[2012-13]Status: DisposedITAT Agra06 Feb 2025AY 2012-13

Bench: Shri M. Balaganesh(Through Virtual Hearing)

For Appellant: Shri K. Sampath, AdvFor Respondent: Shri Shailender Shrivastava, Sr. DR
Section 271(1)Section 271(1)(c)Section 274

73 taxmann.com 241, the appeal against which was dismissed by the Supreme Court of India in SLP No. 11485 of 2016 by order dated 5th August, 2016. 22. On this issue again this Court is unable to find any error having been committed by the ITAT. No substantial question of law arises. 23. The appeals are accordingly dismissed

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

SURESH CHAND GUPTA,JHANSI vs. DCIT-6, JHANSI

In the result, the assessee’s appeal is dismissed

ITA 284/AGR/2017[2010-11]Status: DisposedITAT Agra03 Sept 2019AY 2010-11

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

Section 143(3)Section 147Section 148

73,46,630/-. From the perusal of Balance sheet, Profit and loss account, assessment order and other documents placed on record, it is noticed that the Assessing Officer has rejected the books of accounts of the assessee u/s 145(3) of the Income Tax Act and assessed income of the assessee only on total contract receipt (on percentage basis

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

M/S BLUE LOTUS DEVELOPERS ,GWALIOR vs. DCIT CIRCLE 2(1), GWALIOR

Appeal is partly allowed

ITA 26/AGR/2023[2011-12]Status: DisposedITAT Agra10 Feb 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwalm/S Blue Lotus Developers Vs. Cit(A)/Nfac, 101, The Empire, 33, City Delhi Center, Gwalior M.P.-474011 "ायीलेखासं./जीआइआरसं./Pan/Gir No.Aaifb4692D Appellant .. Respondent

For Appellant: Sh. Rajendra Sharma, advFor Respondent: Sh. Shalender Shrivastava, Sr. DR
Section 143(3)Section 40A(3)

1) dated 30.12.2022, in proceedings u/s 143(3) r.w.s. 147 of the Income-tax Act, 1961, (hereinafter referred to as the ‘Act’). 2. Heard both the parties at length. Case file perused. P a g e | 2 M/s Blue Lotus Developers 3. Learned counsel submits at the outset that the assessee does not wish to press for its former substantive

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

73 of paper book) and sale bills (page no. 74 to 82 of paper book). On perusal of purchase bills, it has been found that various purchases of grains were made in cash. The appellant vide this office letter date 24.11.2021 was asked to submit the explanation that why such purchases should not be disallowed as per the provisions

BHARTI BANSAL,AGRA vs. DCIT-1, AGRA

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

ITA 304/AGR/2016[2010-11]Status: DisposedITAT Agra27 Jan 2025AY 2010-11

Bench: : Shri Ramit Kocharassessment Year: 2010-11

Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 44A

73,972/- being interest earned by the assessee from JSPL by including the same separately as income under the head ‘income from other sources’ 4. Aggrieved, the assessee filed first appeal with the ld. CIT(Appeals). Learned CIT(Appeals) dismissed the appeal of the assesseewith respect to chargeability of profit of 8% byrejecting the contentions

DCIT CIRCLE 1(1), GWALIOR vs. SWASTIK ROADLINES P LTD, GWALIOR

In the result, the appeal of Revenue is treated as partly allowed for

ITA 146/AGR/2019[2010-11]Status: DisposedITAT Agra08 Jan 2020AY 2010-11

Bench: Shri Laliet Kumar & Dr. Mitha Lal Meena

Section 201(1)Section 40

73 taxmann.com 63] (SC). Further, in this regard, our attention was drawn by the Ld.DR to Pgs.21-22 of the CIT(A)’s order, wherein the CIT(A) has held has under: “………….Subsequently, appellant furnished certificate of Chartered Accountant (Annexure ‘A’) under first proviso to Section 201(1) of the Act certifying that payee M/s Tata Motors Finance Ltd. has furnished

SMT. NEETA SHARMA,AGRA vs. A.C.I.T., CIRCLE-2, AGRA

In the result, appeal of the Revenue is dismissed and the appeal of the assessee is partly allowed

ITA 299/AGR/2013[2007-08]Status: DisposedITAT Agra19 Aug 2019AY 2007-08

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2007-08

Section 234ASection 40A(2)(b)Section 40A(3)Section 46A

disallowable interest amount by taking the rate of interest @ 3%, without appreciating the facts that the relatives or family members of the assessee ITA No.299 & 286 /Agr/2013 3 are claiming 15% rate of interest while unrelated parties are charging @8% to 6% . 3. That the Ld. CIT(A)-I, Agra has erred in law and on facts by restricting

A.C.I.T.-2, AGRA vs. SMT. NEETA SHARMA PROP., AGRA

In the result, appeal of the Revenue is dismissed and the appeal of the assessee is partly allowed

ITA 286/AGR/2013[2007-08]Status: DisposedITAT Agra19 Aug 2019AY 2007-08

Bench: : Shri Laliet Kumar & Dr. Mitha Lal Meenaassessment Year: 2007-08

Section 234ASection 40A(2)(b)Section 40A(3)Section 46A

disallowable interest amount by taking the rate of interest @ 3%, without appreciating the facts that the relatives or family members of the assessee ITA No.299 & 286 /Agr/2013 3 are claiming 15% rate of interest while unrelated parties are charging @8% to 6% . 3. That the Ld. CIT(A)-I, Agra has erred in law and on facts by restricting

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

1. That the Commissioner of Income Tax (Appeals) (NFAC) has erred in law and on facts in sustaining the additions amounting to Rs. 71,08,000/- made u/s 68 of the Income Tax Act, 1961 on account of alleged unexplained unsecured loan (including addition of Rs.2,40,000/- made on account of disallowance of payment of interest) without properly appreciating