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21 results for “disallowance”+ Section 191clear

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Key Topics

Section 80I20Section 40A(3)19Deduction15Section 14414Section 41(1)8Section 687Section 143(3)7Addition to Income7Disallowance7Section 154

THE INCOME TAX OFFICER, AMRITSAR. vs. SH. SHIV RAJ SINGH BAWA, AMRITSAR.

In the result, the Revenue’s appeal is allowed and the assessee’s CO, dismissed

ITA 407/ASR/2016[2012-13]Status: DisposedITAT Amritsar30 Jan 2019AY 2012-13

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 407/Asr/2016 Assessment Year: 2012-13

For Appellant: Sh. Charan Dass (D.R.)For Respondent: Sh. Tarun Bansal (Adv.)
Section 143(3)Section 40A(3)

191 ITR 667 (SC), wherein a similar argument, i.e., of the relevant good having not been sold during the year of purchase, so that no claim for expenditure could be regarded as having been made in the year of purchase, being held in stock, for section 40A(3), where the payment for purchase is made in violation of the said

THE ASSISTANT COMMISSIONER OF INCOME TAX, JAMMU vs. SH. DARSHAN KUMAR MAHAJAN, PATHANKOT

In the result, the Revenue’s appeal is partly allowed and partly allowed for statistical purposes

Showing 1–20 of 21 · Page 1 of 2

6
Section 184(5)6
Natural Justice3
ITA 566/ASR/2016[2013-14]Status: DisposedITAT Amritsar18 Apr 2018AY 2013-14

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 566(Asr)/2016 Assessment Year: 2013-14 Pan: Adjpm7623B

For Appellant: Sh. A. N. Mishra (D. R.)For Respondent: Sh. J. S. Bhasin (Adv.)
Section 143(3)Section 28Section 40A(3)

disallowance u/s. 40A(3) was effected accordingly. In first appeal, the assessee found favour with the ld. CIT(A) on the basis that section 40A(3) is not absolute in its terms, and that considerations of business expediency and relevant factors are not excluded. It was thus open for the assessee to justify the circumstances under which the payment

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH. CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

ITA 346/ASR/2024[2014-15]Status: DisposedITAT Amritsar30 Oct 2025AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashray Sarna, C. A
Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

section 101 of the Evidence Act 1872, the onus is on the appellant to prove that the LTCG is genuine. However, the appellant has not been able to discharge the onus cast on it. The findings of the AO are based on strong surrounding circumstances, preponderance of probability and human conduct in light of analysis of modus 8 I.T.A

SMT. SATYAWATI MARWAHA THROUGH LEGAL HEIR SH, CHANDER SHEIKHAR MARWAHA,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

In the result, the appeal for Asstt

ITA 347/ASR/2024[2015-16]Status: DisposedITAT Amritsar30 Oct 2025AY 2015-16

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Ashray Sarna, C. A
Section 10(38)Section 132Section 144Section 144rSection 147Section 148Section 151Section 250(6)Section 68

section 101 of the Evidence Act 1872, the onus is on the appellant to prove that the LTCG is genuine. However, the appellant has not been able to discharge the onus cast on it. The findings of the AO are based on strong surrounding circumstances, preponderance of probability and human conduct in light of analysis of modus 8 I.T.A

VARINDERA OVERSEAS (P) LTD,LUDHIANA vs. DEPUTY COMMISSIONER OF INCOME TAX, RANGE-1, JALANDHAR

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

ITA 713/ASR/2017[2006-07]Status: DisposedITAT Amritsar17 May 2022AY 2006-07

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

For Appellant: NoneFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 40ASection 40A(3)

191 ITR 667 and Amritsar Tribunal in ITA Appeal No. 53/ASR/2015 in the “Royal Wood Furniture, the authorities below have failed to established with documentary evidences any violation of provisions of section 40A(3) of the act by the assessee. In our view, such an addition is required to be deleted. 7. Accordingly, we set aside the order

SMT. AVTAR KAUR,JALANDHAR vs. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE - II, JALANDHAR

In the result, the assessee’s appeal is partly allowed

ITA 216/ASR/2017[2013-14]Status: DisposedITAT Amritsar01 Jan 2019AY 2013-14

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 216/(Asr)/2017 Assessment Year: 2013-14

For Appellant: Sh. S. S. Kalra (C.A.)For Respondent: Sh. Charan Das (D.R.)
Section 143(3)Section 145(3)

191 (SC); CIT v. R. Venkataswamy Naidu [1956] 29 ITR 529 (SC)). Where, therefore, the loss as claimed is not reasonably proved, a disallowance in its respect shall ensue irrespective of whether substantial doubts have been raised qua the reliability of the assessee’s accounts in general. In fact, no such doubts have indeed been raised. The ‘rejection’ of accounts

M/S. GULZAR SINGH GURBACHAN SINGH,DISTT.BATHINDA vs. THE INCOME-TAX OFFICER, BATHINDA

In the result, the assessee’s appeals are dismissed

ITA 147/ASR/2014[2008-09]Status: DisposedITAT Amritsar15 Feb 2019AY 2008-09

Bench: Sh. Sanjay Arorai.T.A. Nos. 146&147/Asr/2014 Assessment Years: 2007-08&2008-09

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 139Section 142Section 143Section 144Section 184(5)Section 28Section 36(1)(iii)Section 40Section 5

section 184(5), confirmed the (AYs 2007-08 & 2008-09) Gulzar Singh Gurbachan Singh v. CIT disallowance, finding the assessee’s case as covered u/ss. 144(1)(b) and 144(1)(c), with there being no issue as regards the service of the notices u/ss. 142(1) and 143(2) (paras 2.6 & 2.7 of the impugned order (IO)). After meeting

M/S. GULZAR SINGH GURBACHAN SINGH,DISTT.BATHINDA vs. THE INCOME-TAX OFFICER, BATHINDA

In the result, the assessee’s appeals are dismissed

ITA 146/ASR/2014[2007-08]Status: DisposedITAT Amritsar15 Feb 2019AY 2007-08

Bench: Sh. Sanjay Arorai.T.A. Nos. 146&147/Asr/2014 Assessment Years: 2007-08&2008-09

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 139Section 142Section 143Section 144Section 184(5)Section 28Section 36(1)(iii)Section 40Section 5

section 184(5), confirmed the (AYs 2007-08 & 2008-09) Gulzar Singh Gurbachan Singh v. CIT disallowance, finding the assessee’s case as covered u/ss. 144(1)(b) and 144(1)(c), with there being no issue as regards the service of the notices u/ss. 142(1) and 143(2) (paras 2.6 & 2.7 of the impugned order (IO)). After meeting

SHRI OM PARKASH LEGAL HEIAR SMT PUSHPA VERMA,JALANDHAR vs. INCOME TAX OFFICER WARD-1(3), JALANDHAR

In the result, the assessee’s appeal is dismissed

ITA 756/ASR/2017[2014-15]Status: DisposedITAT Amritsar31 Oct 2018AY 2014-15

Bench: Sh. Sanjay Arorai.T.A. No. 756/Asr/2017 Assessment Year: 2014-15

For Appellant: Sh. Ashray Sarna (C.A.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(3)Section 145(3)Section 41(1)Section 41(1)(a)Section 68

191 (SC); CIT v. R. Venkata Swamy Naidu [1956] 29 ITR 529 (SC)). An absence of it leading evidence, which it has or is expected to be in possession of, or otherwise accessible to it, would lead to an adverse inference. This is well-settle. Apart from being part of the evidence law, stands clarified by the Hon’ble Courts

OSAKA ALLOYS & STEEL PRIVATE LIMITED,JALANDHAR vs. DCIT/ACIT, CIRCLE-1, JLD, JALANDHAR

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

ITA 60/ASR/2025[2012-13]Status: DisposedITAT Amritsar07 Aug 2025AY 2012-13

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta

For Appellant: Sh. Rohit Kapoor, Adv. &
Section 115Section 115JSection 143(1)Section 154Section 154oSection 2(24)Section 250Section 250oSection 80I

191 (Calcutta) HIGH COURT OF CALCUTTA Principal Commissioner of Income-tax v. Krishi Rasayan Exports (P.) Ltd [Refer Page no. 45-47 of Case Law PB] Section 4, read with section 115JB, of the Income-tax Act, 1961-Income - Capital or revenue receipts (Subsidy and excise refund) - Assessment year 2012-13-Whether interest subsidy and excise refund should be treated

SMT. HARVINDER KAUR,KAPURTHALA vs. A.C.I.T, CENTRAL CIRCLE-I,, JALANDHAR

In the result, the assessee’s appeal is partly allowed for statistical purposes

ITA 328/ASR/2017[2008-09]Status: DisposedITAT Amritsar29 Oct 2018AY 2008-09

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi. T. A. No. 328/(Asr)/2017 Assessment Year: 2008-09

For Appellant: Sh. Surinder Mahajan (C.A.)For Respondent: Sh. Alok Kumar, CIT-DR
Section 143(3)Section 36(1)(iii)

191 (SC); CIT v. R. Venkata Swamy Naidu [1956] 29 ITR 529 (SC)]. There is, accordingly, on the basis of the material on record, nothing amiss in the impugned disallowance. So, however, and only in the interest of justice, we consider it proper to restore the matter back to the file of the AO to allow a final opportunity

INDIAN TOOL TECHNOLOGY CENTRE,JALANDHAR vs. ITO, WARD 1(1) , JALANDHAR

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

ITA 262/ASR/2024[2014-15]Status: DisposedITAT Amritsar18 Nov 2025AY 2014-15

Bench: Sh. Udayan Dasgupta & Sh. Khettra Mohan Roy

For Appellant: Sh. Ashray Sarna, C.A
Section 250Section 271Section 271(1)(c)Section 274Section 56

disallowed the deduction claimed u/s 57 of the Act and the Ld. first appellate authority sustained the same and the matter travelled to the Hon’ble Tribunal and the tribunal vide order dated 21st February, 2022, has decided the issue against 5 I.T.A. No. 262/Asr/2024 Assessment Year: 2014-15 the assessee on the ground that no expenditure has been incurred

M/S. MBD PRINTOGRAPHICS PVT LTD,JALANDHAR vs. THE DY. COMMISSIONER OF INCOME-TAX, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 534/ASR/2014[2010-11]Status: DisposedITAT Amritsar02 Aug 2021AY 2010-11

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DY. COMMISSIONER OF INCOME-TAX,, JALANDHAR vs. M/S. MBD. PRINTOGRAPHICS P.LTD,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 506/ASR/2011[2005-06]Status: DisposedITAT Amritsar02 Aug 2021AY 2005-06

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DEPUTY COMMISSIONER OF INCOME TAX, JALANDHAR vs. M/S. MBD PRINTOGRAPHICS P.LTD.,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 27/ASR/2010[2006-07]Status: DisposedITAT Amritsar02 Aug 2021AY 2006-07

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DY. COMMISSIONER OF INCOME-TAX, JALANDHAR vs. M/S. MBD PRINTOGRAPHICS PVT. LTD,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 621/ASR/2014[2010-11]Status: DisposedITAT Amritsar02 Aug 2021AY 2010-11

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DY. COMMISSIONER OF INCOME-TAX, JALANDHAR vs. M/S. MBD. PRINTOGRAPHICS P.LTD,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 507/ASR/2011[2006-07]Status: DisposedITAT Amritsar02 Aug 2021AY 2006-07

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DY. COMMISSIONER OF INCOME-TAX, JALANDHAR vs. M/S. MBD PRINTOGRAPHICS P.LTD,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 533/ASR/2011[2008-09]Status: DisposedITAT Amritsar02 Aug 2021AY 2008-09

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DY. COMMISSIONER OF INCOME-TAX, JALANDHAR vs. M/S. MBD. PRINTOGRAPHICS P.LTD,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 508/ASR/2011[2007-08]Status: DisposedITAT Amritsar02 Aug 2021AY 2007-08

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years

THE DY. COMMISSIONER OF INCOME-TAX, JALANDHAR vs. M/S. MBD PRINTOGRAPHICS PVT. LTD,, JALANDHAR

In the result, all the appeals of department and that of assessee stand dismissed

ITA 534/ASR/2011[2009-1]Status: DisposedITAT Amritsar02 Aug 2021

Bench: Sh. Laliet Kumar & Dr. M. L. Meena

Section 80I

disallowed 80% of the claim made by the assessee u/s 80IC and relied upon the arguments as advanced by the Ld. CIT (DR) in the original proceedings before 17 I.T.A. No. 506/Asr/2011 and others the Hon’ble ITAT at the time of hearing of the appeal, which was decided by the Tribunal on 28.12.2012 for the same years