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18 results for “section 68”+ Section 40A(3)clear

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Key Topics

Section 143(3)22Section 6817Section 40A(3)16Section 26316Addition to Income16Section 14813Section 271(1)(c)9Section 2507Section 1477Disallowance

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)

section 40A(3) and, thus, disallowance there-under, could only be effected in the hands of the Association of Persons (AOP) consisting of the assessee and the other purchasers (owners) of the subject land. Relying upon ITO v. Ch. Attchaiah [1996] 218 ITR 239 (SC), it was stated that the law does not give the assessing authority the option

SH. PUNEET SEHDEV PROP,JAMMU vs. THE INCOME-TAX OFFICER, JAMMU

6
Penalty5
Bogus Purchases4
ITA 305/ASR/2015[2008-09]Status: Disposed
ITAT Amritsar
30 Jun 2020
AY 2008-09

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N Arora, A.R)For Respondent: Shri M.P Singh, CIT D.R
Section 143(3)Section 271(1)(c)Section 68

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

SH. PUNEET SEHDEV PROP;,JAMMU vs. THE INCOME-TAX OFFICER,, JAMMU

ITA 5/ASR/2013[2009-10]Status: DisposedITAT Amritsar30 Jun 2020AY 2009-10

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N Arora, A.R)For Respondent: Shri M.P Singh, CIT D.R
Section 143(3)Section 271(1)(c)Section 68

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

INCOME TAX OFFICER, JAMMU vs. SH. PUNEET SEHDEV, PROP., JAMMU

ITA 547/ASR/2016[2009-10]Status: DisposedITAT Amritsar30 Jun 2020AY 2009-10

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N Arora, A.R)For Respondent: Shri M.P Singh, CIT D.R
Section 143(3)Section 271(1)(c)Section 68

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

PUNEET SAHDEV,JAMMU vs. THE INCOME TAX OFFICER, JAMMU

ITA 579/ASR/2016[2009-10]Status: DisposedITAT Amritsar30 Jun 2020AY 2009-10

Bench: Shri L. P. Sahu & Shri Ravish Sood

For Appellant: Shri P.N Arora, A.R)For Respondent: Shri M.P Singh, CIT D.R
Section 143(3)Section 271(1)(c)Section 68

section 40A(3). All the provisions were duly complied with. As such, no disallowance was called for and similarly the worthy CIT(A) was also not justified in confirming the same without appreciating the facts of the case. Alternatively, the disallowance made is very high & excessive. 8. Further, the A.O has grossly erred in not allowing the deduction claimed

THE INCOME TAX OFFICER, SAMBA vs. SH. ASHOK KUMAR SHARMA, SAMBA

In the result, the appeal of the revenue in Ground nos

ITA 475/ASR/2016[2013-14]Status: DisposedITAT Amritsar17 Jul 2023AY 2013-14

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjeei.T.A. No.475/Asr/2016 Assessment Year: 2013-14

Section 143(3)Section 250(6)Section 40Section 80I

40A(3) amount to Rs. 8,38,000/-.Being aggrieved the assessee filed the appeal before the ld. CIT(A). The CIT(A) allowed the appeal of the assessee. Being aggrieved revenue filed an appeal before us. Ground No.1 4. In the ground no. 1 of the revenue, the DR vehemently argued and contended that

PANKAJ JINDAL CONTRACTOR,MANSA vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-I, BATHINDA, BATHINDA

In the result the appeal of the assessee is allowed

ITA 695/ASR/2024[2014-15]Status: DisposedITAT Amritsar05 Jan 2026AY 2014-15

Bench: Sh. Manoj Kumar Aggarwal & Sh. Udayan Dasgupta(Physical Hearing) I.T.A. No. 695/Asr/2024 Assessment Year: 2014-15 M/S Pankaj Jindal Contractor, Vs. Dcit-Circle-1, Near Vidya Bharti School, Bathinda. Mansa. [Pan:-Aajfp8008L] (Appellant) (Respondent) Appellant By Sh. Sudhir Sehgal, Adv. Respondent By Sh. Charan Dass, Sr. Dr

Section 139(1)Section 143(3)Section 147Section 148Section 148aSection 250Section 282Section 40A(3)Section 68

Section 40A(3) of the Act by making payment exceeding Rs. 20,000/- in cash without appreciating the submissions of the assessee. 8. The Ld. CIT(A) NFAC has erred on facts and lawwhile confirming the action of the AO of making the addition of Rs. 16,76,426/ on account of alleged difference in the account

SHRI SURINDER KUMAR ,MANSA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, BATHINDA

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

ITA 238/ASR/2018[2014-15]Status: DisposedITAT Amritsar07 Jul 2022AY 2014-15

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

For Appellant: Sh. P. N. Arora, AdvFor Respondent: Sh. S. M. Surendranath, Sr. DR
Section 40ASection 40A(3)Section 68

68. 2. That the Ld. CIT(A), Bathinda erred on facts and law in confirming the disallowance of Rs. 505000/- made by the AO by invoking the provisions of section 40A(3

SH. BASANT KUMAR,FAZILKA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-II, BATHINDA

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

ITA 514/ASR/2017[2014-15]Status: DisposedITAT Amritsar25 May 2018AY 2014-15

Bench: Sh. Sanjay Arora & Sh. N. K. Choudhryi.T.A. No. 514/(Asr)/2017 Assessment Year: 2014-15

For Appellant: Sh. P. N. Arora (Adv.)For Respondent: Sh. Charan Dass (D.R.)
Section 143(3)Section 28Section 40A(3)

40A(3) per se, stating that no substantial question arose for being answered by it, the decision by the tribunal, challenged before it, in which one of the pleas was the deposit of cash in the payee’s bank account, was found by it as not perverse or erroneous. The disallowance in respect of expenditure incurred on account of Dada

POONAM MARWAHA,AMRITSAR vs. ACIT DCIT CEN CIR, AMRITSAR

In the result, the appeal filed by assessee is allowed

ITA 306/ASR/2024[2019-20]Status: DisposedITAT Amritsar09 Jan 2025AY 2019-20
Section 115BSection 143(3)Section 263Section 263(1)Section 69

40A(3), read with section 263, of the Income-tax Act, 1961 and rule 6DD of\nIncome-tax Rules, 1962 - Business disallowance - Cash payment exceeding prescribed limit\n(Rule 6DD) - Assessment year 2013-14 - Assessee-company was engaged in business of\nmanufacturing of dairy products Assessee filed return and Assessing Officer passed\nassessment order after making certain additions - Principal

M/S. GRAND LILLY MOTELS LTD,,JALANDHAR vs. THE ADDITIONAL COMMISSIONER OF INCOME-TAX, RANGE-3, JALANDHAR

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

ITA 669/ASR/2017[2012-13]Status: DisposedITAT Amritsar19 Dec 2019AY 2012-13

Bench: Shri N.K. Choudhry & Shri O.P.Meenaआ.अ.संसंसंसं././././I.T.A Nos.667 To 669 /Asr/2017 िनधा"रणवष"/A.Ys.:2010-11, 2011-12 & 2012-13 िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" M/S. Grand Lilly Motels Limited, Vs. Assistant Commissioner Of 4, Model Town, Jalandhar Income Tax, Pan: Aabcj 4527 E Circle- Iii, Jalandhar अपीलाथ" अपीलाथ"Appellant अपीलाथ" अपीलाथ" ""यथ" ""यथ"/Respondent ""यथ" ""यथ"

68 days in filing of the appeal. The learned Lilly Motels Limited v. ACIT-Circle-Jalandhar /I.T.A. No. 667,668& 669/ASR/2017/A.Y.:10-11- 11-12& 12-13Page 2 of 6 counsel for the assessee filed an affidavit that he was fallen sick due to which he was admitted in hospital and therefore, the delay was caused in filing

M/S GRAND LILLY LIMITED ,JALANDHAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, JALANDHAR

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

ITA 667/ASR/2017[2010-11]Status: DisposedITAT Amritsar19 Dec 2019AY 2010-11

Bench: Shri N.K. Choudhry & Shri O.P.Meenaआ.अ.संसंसंसं././././I.T.A Nos.667 To 669 /Asr/2017 िनधा"रणवष"/A.Ys.:2010-11, 2011-12 & 2012-13 िनधा"रणवष" िनधा"रणवष" िनधा"रणवष" M/S. Grand Lilly Motels Limited, Vs. Assistant Commissioner Of 4, Model Town, Jalandhar Income Tax, Pan: Aabcj 4527 E Circle- Iii, Jalandhar अपीलाथ" अपीलाथ"Appellant अपीलाथ" अपीलाथ" ""यथ" ""यथ"/Respondent ""यथ" ""यथ"

68 days in filing of the appeal. The learned Lilly Motels Limited v. ACIT-Circle-Jalandhar /I.T.A. No. 667,668& 669/ASR/2017/A.Y.:10-11- 11-12& 12-13Page 2 of 6 counsel for the assessee filed an affidavit that he was fallen sick due to which he was admitted in hospital and therefore, the delay was caused in filing

M/S PARADIES MULTIPLEXS CUM VILLAS PVT LTD ,ABHOAR vs. INCOME TAX OFFICER WARD 2(3) , ABOHAR

In the result, the appeals of assessee bearing ITA No

ITA 628/ASR/2018[2008-09]Status: DisposedITAT Amritsar28 Apr 2023AY 2008-09

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

Section 143(3)Section 148Section 250(6)

40A(3). The assessee claimed that the cash payment is exempted U/R 6DD(e) of the Income Tax Rule, 1962 ( in short Rule). The ld. CIT(A) in its order specifically mentioned that the Rule 6DD(e) is not applicable for the assessee’s transaction. The Rule 6DD(e) is extracted as below. “6DD(e) where the payment is made

M/S PARADISE MULTIPLEX CUM VILLAS. PVT. LTD,ABOHAR vs. INCOME TAX OFFICER WARD-II(3), ABOHAR

In the result, the appeals of assessee bearing ITA No

ITA 138/ASR/2019[2009-10]Status: DisposedITAT Amritsar28 Apr 2023AY 2009-10

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

Section 143(3)Section 148Section 250(6)

40A(3). The assessee claimed that the cash payment is exempted U/R 6DD(e) of the Income Tax Rule, 1962 ( in short Rule). The ld. CIT(A) in its order specifically mentioned that the Rule 6DD(e) is not applicable for the assessee’s transaction. The Rule 6DD(e) is extracted as below. “6DD(e) where the payment is made

THE DY. COMMISSIONER OF INCOME-TAX,, JAMMU vs. M/S. CONTINENTAL CONSTRUCTION CO,, JAMMU ( J&K)

In the result, the appeal filed by the assessee is allowed as well as the appeal filed the Revenue Department is dismissed and Cross Objection also stands disposed off

ITA 27/ASR/2013[2009-10]Status: DisposedITAT Amritsar18 Jan 2019AY 2009-10

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.38(Asr)/2013 Assessment Year:2009-10

For Appellant: Sh. R.L. Gupta (Ld. Adv.)For Respondent: Sh. Charan Dass (Ld. DR)
Section 142(1)Section 250(6)Section 32(1)Section 36(1)(iii)Section 40Section 40A(3)Section 68

40A(3) and 40(a)(ia) of the Act respectively. Recently, the ITAT Amritsar Bench, at Amritsar, in the case of ITO v. Nikhil Infra-Tech Ltd. in ITA No.272(Asr)/2017, in the similar and identical circumstances estimated the Net profit rate @ 5% of the turn over and further affirmed the deletion of disallowance on account of depreciation

M/S. CONTINENTAL CONSTRUCTION CO.,,JAMMU vs. THE DY. COMMISSIONER OF INCOME-TAX (HQRS), JAMMU

In the result, the appeal filed by the assessee is allowed as well as the appeal filed the Revenue Department is dismissed and Cross Objection also stands disposed off

ITA 38/ASR/2013[2009-10]Status: DisposedITAT Amritsar15 Jan 2019AY 2009-10

Bench: Sh. Sanjay Arora & Sh. N.K.Choudhryita No.38(Asr)/2013 Assessment Year:2009-10

For Appellant: Sh. R.L. Gupta (Ld. Adv.)For Respondent: Sh. Charan Dass (Ld. DR)
Section 142(1)Section 250(6)Section 32(1)Section 36(1)(iii)Section 40Section 40A(3)Section 68

40A(3) and 40(a)(ia) of the Act respectively. Recently, the ITAT Amritsar Bench, at Amritsar, in the case of ITO v. Nikhil Infra-Tech Ltd. in ITA No.272(Asr)/2017, in the similar and identical circumstances estimated the Net profit rate @ 5% of the turn over and further affirmed the deletion of disallowance on account of depreciation

MEASAGE. HARYANA PLAST PRIVATE LIMITED,HOSHIARPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -1, JALANDHAR

In the result, appeal of the assessee is allowed

ITA 299/ASR/2019[2014-15]Status: HeardITAT Amritsar14 Jun 2023AY 2014-15

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

Section 143(3)Section 263Section 40A(2)(b)Section 68

40A(2)(b) reported in the audit report and ITR. Accordingly, the assessment was completed by the ld. AO. The notice u/s 263 was issued by the ld. PCIT and called the assessment erroneous and prejudicial to the interest of the revenue related to unsecured loan received by the assessee from Sh. Satya Pal Kumar amount of Rs.45

V R A COTTON MILLS.,ABOHAR vs. DY.COMMISSIONER OF INCOME TAX , BATHINDA

In the result, appeal filed by the assessee stands allowed

ITA 10/ASR/2019[2008-09]Status: DisposedITAT Amritsar09 Oct 2019AY 2008-09

Bench: Sh. B.R. Baskaran & Sh. N.K.Choudhry

For Appellant: Sh. P. N. Arora (Ld. Adv.)For Respondent: Sh. Charan Dass (Ld. DR)
Section 194CSection 250(6)Section 271(1)(c)Section 40Section 40ASection 80I

68,975/- made to M/s. Narendra Logistic Pvt. Ltd. does not come within the purview of the provisions of Sec.40(a)(ia) on account of the fact that the payment is in the nature of reimbursement of expenses as held in the case of CIT v. Gujarat Narmada Valley Fertilizers