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38 results for “disallowance”+ Section 90clear

Sorted by relevance

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Key Topics

Addition to Income34Disallowance21Section 10(38)20Section 143(3)17Section 14712Exemption12Section 12A11Section 145(3)11Section 5410Section 143(1)

ANKITA PALIWAL,ALIGARH, UTTAR PRADESH vs. COMMISSIONER OF INCOME TAX, ALIGARH

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

ITA 195/AGR/2024[AY 2018-19]Status: DisposedITAT Agra06 Feb 2025

Bench: : Shri Ramit Kochar & Shri Sudhir Kumarassessment Year: 2018-19

Section 139(1)Section 143(1)Section 154Section 234ASection 90

90, read with section 90A, of the Income-tax Act, 1961 and ride 128 of the Income-tax Rules, 1962 Double Taxation Relief - Where agreement exists (Foreign tax credit) Assessment year 2018- 19- Assessee claimed foreign tax credit under section 90/90A Assessing Officer disallowed

MONIKA RATHORE,GWALIOR vs. INCOME TAX OFFICER WARD -1, MORENA

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

Showing 1–20 of 38 · Page 1 of 2

10
Deduction10
Section 1489
ITA 290/AGR/2024[MONIKA RATHORE]Status: DisposedITAT Agra06 Feb 2025

Bench: : Shri Ramit Kochar & Shri Sudhir Kumarassessment Year: 2023-24

Section 139(1)Section 139(4)Section 143(1)Section 90

90, read with section 90A, of the Income-tax Act, 1961 and ride 128 of the Income-tax Rules, 1962 Double Taxation Relief - Where agreement exists (Foreign tax credit) Assessment year 2018- 19- Assessee claimed foreign tax credit under section 90/90A Assessing Officer disallowed

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 when the payments for the same were made through regular banking channels. It was also submitted that these persons are not under the control of the Assessee firm. Further, the Assessee also submitted one more letter dated 5-3-2020 before the ld CITA. The ld CITA again sought for a remand report from the ld AO in respect

ACIT, CIRCLE-2(1)(1),AGRA, AGRA vs. EMCO EXPORTS, AGRA

In the result, revenue’s appeal stands dismissed

ITA 415/AGR/2025[2020-21]Status: DisposedITAT Agra15 Jan 2026AY 2020-21

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

Section 195Section 250Section 40Section 9

90, 91 as well as the provisions of DTAA are also relevant, while applying tax deduction at source provisions. Reference to ITO(TDS) under Section 195(2) or 195(3) either by the non-resident or by the resident payer is to avoid any future hassles for both resident as well as non-resident. In our view, Sections

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

ASSISTANT COMMISSIONER OF INCOME TAX, AGRA vs. CHITAVALSAH JUTE MILLS LIMITED, NEW DELHI

In the result the appeal of the revenue is dismissed

ITA 99/AGR/2025[2012-13]Status: DisposedITAT Agra04 Dec 2025AY 2012-13

Bench: Shri M. Balaganesh & Shri Sunil Kumar Singh(Through Virtual Hearing) Acit, Vs. Chitavalasah Jute Mills Ltd, Range-1, 73-74, 201, Sheetala House, Faridabad Nehru Place, New Delhi (Appellant) (Respondent) Pan: Aaccc6834D Assessee By : None Revenue By: Shri Sukesh Kumar Jain, Cit Dr Date Of Hearing 15/09/2025 Date Of Pronouncement 04/12/2025

For Appellant: NoneFor Respondent: Shri Sukesh Kumar Jain, CIT DR
Section 144Section 271D

disallowed and the addition made is sustained. The remaining component of finance charges being interest on fixed deposit to public is not covered under section 43B. Hence, the assessee gets a relief of Rs 13,90

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

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

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

Disallowance of Rs, 19,90,604/- on account of sundry creditors. The A.O. has made addition Rs.19,90,604/- on the ground that the assessee has not furnished copy of account of sundry creditors and complete address and confirmation. Your honours kind attention is drawn to the written submissions made before the A.O. vide letter dated 03.02.2014 (copy enclosed) whereby

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)

90 & 91) and according to which as per computation sheet (APB/91) it is fixed at an Annual Value of Rs. 7,22,640/- only while the actual total rent received from the property is Rs.20,25,200/- . He further drew out attention to rent agreement with Tanushaka Automobiles Pvt Ltd. (APB / 94-97) and Lease agreement with Axis Bank

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)

disallowed in the hands of the partnership firm(Section 40(b)(iv)). The assessee has charged interest @ 12% from the said partnership firm. It is also observed that the assessee has incurred interest expenditure of Rs.50,83,665/-, which is sought to be adjusted under and head profits and gains from business or profession. Said expenses of Rs.50

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

90,000/- in another flat in Desire Residency, Khasra No. 520, Mohiuddinpur, Kanawani, Noida. The Assessing Officer observed that deduction u/s. 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 BHOLE BABA MILK FOOD INDUSTRIES DHOLPUR,AGRA vs. J.C.I.T., RANGE -4, AGRA

In the result appeal is dismissed

ITA 242/AGR/2014[2010-11]Status: DisposedITAT Agra11 Sept 2019AY 2010-11

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

Section 80Section 80I

section 80IB of the Income Tax Act, 1961 because it was part of profit earned from Dholpur Unit and was not liable to be disallowed for the purpose of calculating the deduction u/s 80IB of the Income Tax Act, 1961. 7. It may further be submitted that the assessee company had purchased the aforesaid items of the goods from other

RANJANA CHATURVEDI,MATHURA vs. INCOME TAX OFFICER 1(3)(1), MATHURA

In the result, the appeal of the assessee is allowed

ITA 152/AGR/2025[2017-18]Status: DisposedITAT Agra24 Jun 2025AY 2017-18

Bench: Shri Sunil Kumar Singh & Shri Manish Agarwalito-1(3)(1), Ranjna Chaturvedi Ayakar Bhawan, 9A, T Point, Behind Back Vs. Radhika Vihar, Gate Skjs, Govind Nagar, Phase-Ii, Mathura-281001 (U.P.) Mathura-281004 (U.P.) Pan-Afopc4950N (Appellant) (Respondent) Assessee By Shri M.M. Agarwal, Ca Department By Shri Shailendra Srivastava. Sr. Dr Date Of Hearing 22/05/2025 Date Of Pronouncement 24/06/2025

Section 115BSection 143(3)Section 69A

disallowance of Rs.115,296 towards interest ignoring that appellate had sufficient interest free funds for withdrawal of Rs.10,00,000. 3. Because in the facts and circumstances of the case, learned appellate authority has erred in confirming addition of Rs.1,90,000 towards cash deposited in saving bank account during demonetization period under section

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

M/S SHIVHARE ROADLINES,GWALIOR vs. JT. C.I.T., RANGE-2, GWALIOR

In the result, the appeal is partly allowed

ITA 313/AGR/2014[2010-11]Status: DisposedITAT Agra31 May 2019AY 2010-11

Bench: Shri C.M. Garg & Dr. Mitha Lal Meena

Section 139(1)Section 37(1)Section 43B

90,253/- and that out of 12 I.T.A No.313/Agra/2014 ASSESSMENT YEAR: 2010-11 this so payable amount, an amount of Rs.37,19,883/- was not deposited before the due date of filing of return which was disallowed by the Ld. AO u/s 43B of the act. The Ld. A.R. has submitted provision of section

SMT ARCHANA DUTTA,MATHURA vs. ACIT CIRCLE-3, MATHURA

In the result, the appeal is partly allowed

ITA 330/AGR/2016[2011-12]Status: DisposedITAT Agra14 May 2018AY 2011-12

Bench: Shri A. D. Jain & Dr. Mitha Lal Meenasmt. Archana Dutta, Prop. M/S Vs..Acit,Circle-3, Dutta & Dutta Construction, Co., Mathura. 77E Dutta & Dutta Construction, Govind Nagar, Mathura. Panno.Afxpd7557B (Assessee) (Revenue)

Section 144Section 145(3)Section 234BSection 43BSection 44ASection 68

disallowance of Rs. 6,00,000/- on account of unexplained capital introduction and addition of Rs. 9,157/- under section 43B of the Income Tax Act, 1961. 3. Apropos Ground Nos. 1 to 3, the AO has made this addition, observing as the following:- “The assessee created as situation where by the assessment u/s 144 to the best

SMT. GARIMA MEHTA,GWALIOR vs. I.T.O., WARD-1(2), GWALIOR

In the result, the appeal is partly allowed

ITA 343/AGR/2013[2009-10]Status: DisposedITAT Agra11 Jul 2018AY 2009-10

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

Section 10ASection 69

section 69 are attracted only when the assessee has made investments which are not recorded in the books of account. In the present case, as rightly contended, no actual investment stands proved by either of the Authorities below as having been made by the assessee. In this regard, in ‘Ashok Kumar Rastogi vs. CIT’, 59 Taxman

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

90,52,820/- Total income 13. On perusal of the computation of original assessment order passed u/s 143(3) of the Act, as above, we find that there was no reference made regarding the other income earned by the assessee on account of interest on FDR’s either in the notices issued by the AO or the compliance and written