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197 results for “disallowance”+ Section 17(5)(d)clear

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Key Topics

Section 153A66Section 13(3)59Section 1155Addition to Income49Section 143(1)47Disallowance42Section 36(1)(va)30Exemption30Section 139(1)27

MESERS P.D SEKHSARIA TRADING COMPANY ,BATHINDA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, BATHINDA

In the result, the appeal of the assessee is allowed and the Stay Petition of the assessee is dismissed

ITA 331/ASR/2018[2014-15]Status: DisposedITAT Amritsar18 Mar 2019AY 2014-15

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 331/Asr./2018 : Asstt. Year : 2014-15 M/S P. D. Sekhsaria Trading Vs Dy. Commissioner Of Income Company Pvt. Ltd., 4242, Tax, Circle-I, Ground Floor, Gurudwara Singh Bathinda, Punjab Sabha Street, Bathinda, Punjab (Appellant) (Respondent) Pan No. Aabcp1720E Sa No. 03/Asr./2019 (In Ita No. 331/Asr./2018: Asstt. Year : 2014-15) M/S P. D. Sekhsaria Trading Vs Dy. Commissioner Of Income Company Pvt. Ltd., 4242, Tax, Circle-I, Ground Floor, Gurudwara Singh Bathinda, Punjab Sabha Street, Bathinda, Punjab (Appellant) (Respondent) Pan No. Aabcp1720E Assessee By : Shri. Salil Kapoor, Adv. & Shri. Sanat Kapoor, Adv. Revenue By : Shri. M. P. Singh, Cit Dr Date Of Hearing :20.02.2019 Date Of Pronouncement : 19.03.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Assessee Against The Order Of Cit(A), Bathinda Dated 26.03.2018. 2. The Assessee Has Raised Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case The Addition/Disallowance Of Rs.4,69,47,808/- Made

For Appellant: Shri. Salil Kapoor, Adv. &For Respondent: Shri. M. P. Singh, CIT DR
Section 2Section 234ASection 43(5)Section 43(5)(e)

Showing 1–20 of 197 · Page 1 of 10

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Section 14427
Section 3626
Deduction21

disallowance of loss claimed on account of trading in commodity derivative of Rs.4,69,47,808/- by treating the transactions carried on by the assessee ITA No. 331/Asr./2018 4 SA No. 03/Asr./2019 P.D. Sekhsaria Trading Company Pvt. Ltd. between the period 21.05.2013 to 22.08.2013 as speculative transaction. 4. The brief facts of the case are that the Assessing

M/S. SHREE-E-KASHMIR COLLEGE OF EDUCATIONAL,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

In the result, the captioned four appeals of the Assessee Trust are allowed

ITA 556/ASR/2011[2006-07]Status: DisposedITAT Amritsar13 Jun 2022AY 2006-07

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Manpreet Singh Duggal, Sr. DR
Section 10Section 13Section 13(2)Section 13(3)Section 234A

d)(i) exemption available u/s. 11 is denied if any property of the Trust is utilized by the persons referred in section 13(3) and if investment of the trust funds is made in the modes/ other than the modes specified under section 11(5) of the I.T. Act, 1961. The argument of assessee is that in respect of exemption

M/S. SHREE-E-KASHMIR COLLEGE OF EDUCATIONAL,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

In the result, the captioned four appeals of the Assessee Trust are allowed

ITA 555/ASR/2011[2005-06]Status: DisposedITAT Amritsar13 Jun 2022AY 2005-06

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Manpreet Singh Duggal, Sr. DR
Section 10Section 13Section 13(2)Section 13(3)Section 234A

d)(i) exemption available u/s. 11 is denied if any property of the Trust is utilized by the persons referred in section 13(3) and if investment of the trust funds is made in the modes/ other than the modes specified under section 11(5) of the I.T. Act, 1961. The argument of assessee is that in respect of exemption

M/S. SHREE-E-KASHMIR COLLEGE OF EDUCATIONAL,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

In the result, the captioned four appeals of the Assessee Trust are allowed

ITA 558/ASR/2011[2008-09]Status: DisposedITAT Amritsar13 Jun 2022AY 2008-09

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Manpreet Singh Duggal, Sr. DR
Section 10Section 13Section 13(2)Section 13(3)Section 234A

d)(i) exemption available u/s. 11 is denied if any property of the Trust is utilized by the persons referred in section 13(3) and if investment of the trust funds is made in the modes/ other than the modes specified under section 11(5) of the I.T. Act, 1961. The argument of assessee is that in respect of exemption

M/S. SHREE-E-KASHMIR COLLEGE OF EDUCATIONAL,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

In the result, the captioned four appeals of the Assessee Trust are allowed

ITA 557/ASR/2011[2007-08]Status: DisposedITAT Amritsar13 Jun 2022AY 2007-08

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. Manpreet Singh Duggal, Sr. DR
Section 10Section 13Section 13(2)Section 13(3)Section 234A

d)(i) exemption available u/s. 11 is denied if any property of the Trust is utilized by the persons referred in section 13(3) and if investment of the trust funds is made in the modes/ other than the modes specified under section 11(5) of the I.T. Act, 1961. The argument of assessee is that in respect of exemption

KHALSA BAKERY ,KAPUTHALA vs. INCOME TAX OFFICER WARD -4 (2), JALANDHAR

In the result, the disallowances confirmed by the NFAC/CIT(A) related to ITA No

ITA 20/ASR/2022[2019-20]Status: DisposedITAT Amritsar24 Feb 2022AY 2019-20

Bench: Sh. N. K. Saini & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. S. M. Surendranath, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

d) M/s Mohan Bekary Vs DCIT, ITA:- 273/Chd/2021 order dated 2.12.2021 e) Nipun Jain Vs. DCIT, ITA:- 71&72/Asr/2021 order dated 09.11.2021 f) M/s New Light Facility Management Vs. DCIT ITA:- 176&177/Asr/2021 order dated 22.12.2021 The counsel also submitted that all the payments have been made before the due date of filing of return of income

M/S DIAMOND RED TANNERIES,KAPURTHALA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1, JALANDHAR

In the result, the disallowances confirmed by the NFAC/CIT(A) related to ITA No

ITA 21/ASR/2022[2019-20]Status: DisposedITAT Amritsar24 Feb 2022AY 2019-20

Bench: Sh. N. K. Saini & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. S. M. Surendranath, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

d) M/s Mohan Bekary Vs DCIT, ITA:- 273/Chd/2021 order dated 2.12.2021 e) Nipun Jain Vs. DCIT, ITA:- 71&72/Asr/2021 order dated 09.11.2021 f) M/s New Light Facility Management Vs. DCIT ITA:- 176&177/Asr/2021 order dated 22.12.2021 The counsel also submitted that all the payments have been made before the due date of filing of return of income

J.M.C PLYWOOD,GORAYA vs. INCOME TAX OFFICER WARD-3, PHAGWARA

In the result, the disallowances confirmed by the NFAC/CIT(A) related to ITA No

ITA 4/ASR/2022[2018-19]Status: DisposedITAT Amritsar24 Feb 2022AY 2018-19

Bench: Sh. N. K. Saini & Sh. Anikesh Banerjee

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. S. M. Surendranath, Sr. DR
Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

d) M/s Mohan Bekary Vs DCIT, ITA:- 273/Chd/2021 order dated 2.12.2021 e) Nipun Jain Vs. DCIT, ITA:- 71&72/Asr/2021 order dated 09.11.2021 f) M/s New Light Facility Management Vs. DCIT ITA:- 176&177/Asr/2021 order dated 22.12.2021 The counsel also submitted that all the payments have been made before the due date of filing of return of income

SHRI SUMAN SHARMA PROP. M/S LAXMI ENTERPRISES,KAPUTHALA vs. ASST. CPC/ INCOME TAX OFFCIER WARD-2, KAPUTHALA

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

ITA 111/ASR/2021[2019-20]Status: DisposedITAT Amritsar11 Nov 2021AY 2019-20
For Appellant: Shri Surinder Mahajan, CAFor Respondent: Shri S.M Surendranath, Sr. DR
Section 139(1)Section 36(1)(va)Section 43B

d), (e) and (f), are omitted from the above proviso and, further more second proviso was removed by Finance Act, 2003 therefore, the deduction towards the employer's contribution, if paid, prior to due date of filing of return can be claimed by the assessee. In our view, the explanation appended to Section 36(1)(va) of the Act further

LAKSHMI HANDICRAFTS,JALANDHAR CITY vs. ASST. CPC / INCOME TAX OFFICER WARD-3 (4), JALANDHAR

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

ITA 112/ASR/2021[2018-19]Status: DisposedITAT Amritsar11 Nov 2021AY 2018-19
For Appellant: Shri Surinder Mahajan, CAFor Respondent: Shri S.M Surendranath, Sr. DR
Section 139(1)Section 36(1)(va)Section 43B

d), (e) and (f), are omitted from the above proviso and, further more second proviso was removed by Finance Act, 2003 therefore, the deduction towards the employer's contribution, if paid, prior to due date of filing of return can be claimed by the assessee. In our view, the explanation appended to Section 36(1)(va) of the Act further

M/S PARAS VALVES PRIVATE LIMITED,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE.II, JALANDHAR

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

ITA 102/ASR/2021[2019-20]Status: DisposedITAT Amritsar11 Nov 2021AY 2019-20
For Appellant: Shri Surinder Mahajan, CAFor Respondent: Shri S.M Surendranath, Sr. DR
Section 139(1)Section 36(1)(va)Section 43B

d), (e) and (f), are omitted from the above proviso and, further more second proviso was removed by Finance Act, 2003 therefore, the deduction towards the employer's contribution, if paid, prior to due date of filing of return can be claimed by the assessee. In our view, the explanation appended to Section 36(1)(va) of the Act further

M/S NAGORY INDIA ,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-II, JALANADHAR

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

ITA 103/ASR/2021[2019-20]Status: DisposedITAT Amritsar11 Nov 2021AY 2019-20
For Appellant: Shri Surinder Mahajan, CAFor Respondent: Shri S.M Surendranath, Sr. DR
Section 139(1)Section 36(1)(va)Section 43B

d), (e) and (f), are omitted from the above proviso and, further more second proviso was removed by Finance Act, 2003 therefore, the deduction towards the employer's contribution, if paid, prior to due date of filing of return can be claimed by the assessee. In our view, the explanation appended to Section 36(1)(va) of the Act further

GENESIS TROT ,JALANDHAR vs. INCOME TAX OFFICER WARD -1 (1) , JALANDHAR

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

ITA 91/ASR/2021[2019-20]Status: DisposedITAT Amritsar11 Nov 2021AY 2019-20
For Appellant: Shri Surinder Mahajan, CAFor Respondent: Shri S.M Surendranath, Sr. DR
Section 139(1)Section 36(1)(va)Section 43B

d), (e) and (f), are omitted from the above proviso and, further more second proviso was removed by Finance Act, 2003 therefore, the deduction towards the employer's contribution, if paid, prior to due date of filing of return can be claimed by the assessee. In our view, the explanation appended to Section 36(1)(va) of the Act further

SHRI VIJAY KUMAR AGGARWAL,JALANDHAR vs. INCOME TAX OFICER,WARD II(4), JALANDHAR

In the result, the appeals of the assessee are dismissed

ITA 119/ASR/2018[2014-15]Status: DisposedITAT Amritsar18 Mar 2019AY 2014-15

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 38/Asr./2017 : Asstt. Year : 2013-14 Ita No. 77/Asr./2017 : Asstt. Year : 2012-13

For Appellant: Sh. J. S. Bhasin, AdvFor Respondent: Ms. Shivani Bansal, DR
Section 43B

d) to sec 43B, assessee has the window within the IT Act to claim this expense as and when interest is paid to the Bank. ITA Nos.38 & 77/Asr./2017 5 ITA No. 119/Asr./2018 Vijay Kumar Aggarwal 17. I therefore have no hesitation in holding that the Assessing Officer has correctly disallowed interest debited as expenditure by the assessee when

SH. VIJAY KUMAR AGGARWAL, PROP.,JALANDHAR vs. INCOME TAX OFFICER, JALANDHAR

In the result, the appeals of the assessee are dismissed

ITA 38/ASR/2017[2013-14]Status: DisposedITAT Amritsar18 Mar 2019AY 2013-14

Bench: Sh. N. S. Saini & Sh. N. K. Choudhryita No. 38/Asr./2017 : Asstt. Year : 2013-14 Ita No. 77/Asr./2017 : Asstt. Year : 2012-13

For Appellant: Sh. J. S. Bhasin, AdvFor Respondent: Ms. Shivani Bansal, DR
Section 43B

d) to sec 43B, assessee has the window within the IT Act to claim this expense as and when interest is paid to the Bank. ITA Nos.38 & 77/Asr./2017 5 ITA No. 119/Asr./2018 Vijay Kumar Aggarwal 17. I therefore have no hesitation in holding that the Assessing Officer has correctly disallowed interest debited as expenditure by the assessee when

PUNJ MOTORS PRIVATE LIMITED,JALANDHAR vs. CPC/INCOME TAX OFFICER WARD-3 (3), JALANDHAR

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

ITA 129/ASR/2021[2018-19]Status: HeardITAT Amritsar18 Jan 2022AY 2018-19
For Appellant: Shri Ashwani Kalia, CA
Section 143(1)Section 36(1)Section 36(1)(va)

17,287/- made by the A.O. on account of late payments towards EPF and ESI under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance was sustained. 5

M/S SHREE GANESH KNITTERS,AMRITSAR vs. ASSESSING OFFICER WARD -5 ( 5 ), AMRITSAR

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

ITA 101/ASR/2021[2019-20]Status: HeardITAT Amritsar18 Jan 2022AY 2019-20
For Appellant: Shri Ashwani Kalia, CA
Section 143(1)Section 36(1)Section 36(1)(va)

17,287/- made by the A.O. on account of late payments towards EPF and ESI under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance was sustained. 5

PUNJ MOTORS PRIVATE LIMITED,JALANDHAR vs. CPC/INCOME TAX OFFICER WARD-3 (3), JALANDHAR

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

ITA 130/ASR/2021[2019-20]Status: HeardITAT Amritsar18 Jan 2022AY 2019-20
For Appellant: Shri Ashwani Kalia, CA
Section 143(1)Section 36(1)Section 36(1)(va)

17,287/- made by the A.O. on account of late payments towards EPF and ESI under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance was sustained. 5

VARIETY ENTERPRISES,JALANDHAR vs. DEPUTY/ ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1, JALANDHAR

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

ITA 149/ASR/2021[2019-20]Status: DisposedITAT Amritsar18 Jan 2022AY 2019-20
For Appellant: Shri Ashwani Kalia, CA
Section 143(1)Section 36(1)Section 36(1)(va)

17,287/- made by the A.O. on account of late payments towards EPF and ESI under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance was sustained. 5

M/S CEELA SPORTS ,JALANDHAR vs. DEPUTY/ ASSISTANT COMISSIONER OF INCOME TAX CIRCLE-1, JALANDHAR

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

ITA 140/ASR/2021[2019-20]Status: DisposedITAT Amritsar18 Jan 2022AY 2019-20
For Appellant: Shri Ashwani Kalia, CA
Section 143(1)Section 36(1)Section 36(1)(va)

17,287/- made by the A.O. on account of late payments towards EPF and ESI under section 36(1)(va) of the Income Tax Act, 1961 (for short the ‘Act’), however, before furnishing the return of income under section 139(1) of the Act. When the matter was taken to the Ld. CIT(A) the said disallowance was sustained. 5