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60 results for “disallowance”+ Section 5Aclear

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Key Topics

Section 3578Section 271(1)(c)53Addition to Income36Disallowance31Section 143(3)30Section 2(15)21Section 153C20Deduction18Section 153A15

R G PATIL & COMPANY,HAVERI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BELAGAVI

In the result, these 2 appeals of the assessee in ITA Nos

ITA 352/BANG/2021[2010-11]Status: DisposedITAT Bangalore31 May 2022AY 2010-11

Bench: Shri George George K & Shri Laxmi Prasad Sahu

For Appellant: Shri S.V Ravishankar, AdvocateFor Respondent: Shri Sankar Ganesh K, JCIT (DR)
Section 271(1)(c)

5A to section 271(1), which provides as follows : "(b) the due date for filing the return of income for such previous year has expired but the assessee has not filed the return ;" 6. The aforesaid clause, we are inclined to think, is not applicable to the case of the assessee for the simple reason that

SHANTHA ALIAS SHANTHAMMA,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(4), BANGALORE

ITA 465/BANG/2025[2020-21]Status: DisposedITAT Bangalore

Showing 1–20 of 60 · Page 1 of 3

Section 1114
Section 214
Penalty12
04 Sept 2025
AY 2020-21

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri Deepak, AdvocateFor Respondent: Shri Murali Mohan M, CIT (DR)
Section 143(2)Section 153C

disallowances made by the AO and confirmed by the learned CIT(A). 21. In conclusion, the AR prayed that the entire assessment be quashed as it suffers from multiple legal defects, including lack of jurisdiction, procedural irregularities, and violation of statutory safeguards and judicial precedents. 22. On the contrary, the learned DR strongly opposed the assessee's claim that notice

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3),, BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1838/BANG/2025[2016-17]Status: DisposedITAT Bangalore22 Jan 2026AY 2016-17

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Subramanian, JCIT
Section 132Section 139Section 139(1)Section 153CSection 250Section 271(1)(c)

disallowance over and above the returned income. 13.2 In identical circumstances, the Hon’ble Bombay High Court in the case of PCIT v. Rajkumar Gulab Badgujar [2019] 111 taxmann.com 256 which was subsequently upheld by the Hon’ble Supreme Court by dismissal of SLP reported in [2019] 111 taxmann.com 257 (SC), has categorically held that Explanation 5A to section

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1836/BANG/2025[2014-15]Status: DisposedITAT Bangalore22 Jan 2026AY 2014-15

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Subramanian, JCIT
Section 132Section 139Section 139(1)Section 153CSection 250Section 271(1)(c)

disallowance over and above the returned income. 13.2 In identical circumstances, the Hon’ble Bombay High Court in the case of PCIT v. Rajkumar Gulab Badgujar [2019] 111 taxmann.com 256 which was subsequently upheld by the Hon’ble Supreme Court by dismissal of SLP reported in [2019] 111 taxmann.com 257 (SC), has categorically held that Explanation 5A to section

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1840/BANG/2025[2018-19]Status: DisposedITAT Bangalore22 Jan 2026AY 2018-19

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Subramanian, JCIT
Section 132Section 139Section 139(1)Section 153CSection 250Section 271(1)(c)

disallowance over and above the returned income. 13.2 In identical circumstances, the Hon’ble Bombay High Court in the case of PCIT v. Rajkumar Gulab Badgujar [2019] 111 taxmann.com 256 which was subsequently upheld by the Hon’ble Supreme Court by dismissal of SLP reported in [2019] 111 taxmann.com 257 (SC), has categorically held that Explanation 5A to section

RAGHURAM ENTERPRISES ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1837/BANG/2025[2015-16]Status: DisposedITAT Bangalore22 Jan 2026AY 2015-16

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Subramanian, JCIT
Section 132Section 139Section 139(1)Section 153CSection 250Section 271(1)(c)

disallowance over and above the returned income. 13.2 In identical circumstances, the Hon’ble Bombay High Court in the case of PCIT v. Rajkumar Gulab Badgujar [2019] 111 taxmann.com 256 which was subsequently upheld by the Hon’ble Supreme Court by dismissal of SLP reported in [2019] 111 taxmann.com 257 (SC), has categorically held that Explanation 5A to section

RAGHURAM ENTERPRISES,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1839/BANG/2025[2017-18]Status: DisposedITAT Bangalore22 Jan 2026AY 2017-18

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Subramanian, JCIT
Section 132Section 139Section 139(1)Section 153CSection 250Section 271(1)(c)

disallowance over and above the returned income. 13.2 In identical circumstances, the Hon’ble Bombay High Court in the case of PCIT v. Rajkumar Gulab Badgujar [2019] 111 taxmann.com 256 which was subsequently upheld by the Hon’ble Supreme Court by dismissal of SLP reported in [2019] 111 taxmann.com 257 (SC), has categorically held that Explanation 5A to section

RAGHURAM ENTERPRISES ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), BANGALORE

In the result, the appeal of the assessee is allowed

ITA 1835/BANG/2025[2013-14]Status: DisposedITAT Bangalore22 Jan 2026AY 2013-14

Bench: Shri Waseem Ahmed & Shri Keshav Dubey

For Appellant: Shri V Srinivasan, AdvocateFor Respondent: Shri Subramanian, JCIT
Section 132Section 139Section 139(1)Section 153CSection 250Section 271(1)(c)

disallowance over and above the returned income. 13.2 In identical circumstances, the Hon’ble Bombay High Court in the case of PCIT v. Rajkumar Gulab Badgujar [2019] 111 taxmann.com 256 which was subsequently upheld by the Hon’ble Supreme Court by dismissal of SLP reported in [2019] 111 taxmann.com 257 (SC), has categorically held that Explanation 5A to section

SHRI. KOLA VENKAT RAMA NAIDU,BANGALORE vs. THE COMMISSIONER OF INCOME TAX (APPEALS) - 6, BANGALORE

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

ITA 206/BANG/2020[2010-11]Status: DisposedITAT Bangalore05 Aug 2022AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2010-11

For Appellant: Shri V. Srinivasan, A.RFor Respondent: Shri Sumer Singh Meena, D.R
Section 133ASection 2(47)(v)Section 250

disallowance of 25% of development expenses, he sustained the addition. Against this assessee is in appeal before us. 6. With regard to treating the date of transfer of the immovable property as on the date of entering into the JDA on 7.5.2009, and treating it as a transfer and thereafter concluding the arising of long term capital gain

M/S. MICRO LABS LIMITED,BANGALORE vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, LTU, BANGALORE

In the result, the appeal by the assessee is allowed

ITA 4/BANG/2014[2010-11]Status: DisposedITAT Bangalore04 Jan 2023AY 2010-11

Bench: Shri N.V. Vasudevan & Ms. Padmavathy Sassessment Year : 2010-11

For Appellant: Shri S. Parthasarathi, AdvocateFor Respondent: Smt. Nisha Padma, Addl. CIT(DR)(ITAT), Bengaluru
Section 115JSection 14ASection 35Section 35(2)(AB)

disallowed under Section 35 of the Act. The AO is precluded from examining the correctness or otherwise of the certificate issued by the prescribed authority on the grounds that it is either being contrary to facts or contrary to the express provisions of the Act. When the taxpayer files the report issued by the prescribed authority under Section

V.S. CHANDRA SHEKAR vs. ACIT,

In the result, appeal of the assessee is partly allowed

ITA 243/BANG/2014[2010-11]Status: DisposedITAT Bangalore25 Jun 2024AY 2010-11

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Year: 2010-11

For Appellant: Sri M.V. Sheshachala, Sr. A.RFor Respondent: Smt. Neha Sahay, D.R
Section 2(47)Section 48Section 50CSection 53A

5A). Thus, Section 50C applies only in case of a transferor of land which in the instant case is M/S Namaste Exports and not the assessee who was only a consenting party and not a transferor / co-owner of the property. Undoubtedly, the assessee had certain rights under the agreement, however, from the clear plain and unambiguous language employed

ASSISTANT COMMISSIONER OF INCOME-TAX, BANGALORE vs. M/S.EAGLETON PROPERTY HOLDINGS CIRCLE, BANGALORE

In the result, the appeal of the Revenue is dismissed

ITA 190/BANG/2017[2010-11]Status: DisposedITAT Bangalore07 Jan 2021AY 2010-11

Bench: Shri N.V. Vasudevan & Shri B. R. Baskaranassessment Year : 2010-11 The Assistant Commissioner Of Vs. M/S. Eagleton Property Holdings, Income Tax #4, Model House Street, Circle -7(2)(1), Basavanagudi, Bangalore. Bangalore – 560 004. Pan : Aabfe 9867 C Appellant Respondent Appellant By : Shri. Arun Kumar, Cit(Dr)(Itat), Bengaluru Respondent By : None Date Of Hearing : 7.1.2021 Date Of Pronouncement : 7.1.2021 O R D E R Per N.V. Vasudevan

For Appellant: Shri. Arun Kumar, CIT(DR)(ITAT), BengaluruFor Respondent: None
Section 14Section 80Section 801Section 80I

disallowance of the claims of the assessee under Section 80IB(10). The Commissioner of Income Tax (Appeals) who by an order dated 14.11.2012 allowed the claim of the assessee for deduction under Section 80IB(10) of the Act. On further appeal by the revenue the Income Tax Appellate Tribunal by an order dated 21.03.2014 upheld the order

M/S. YASHA PATTINA SOUHARDA SAHAKARI NI,RAICHUR vs. ITO, WARD-1, , RAICHUR

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1177/BANG/2022[2019-20]Status: DisposedITAT Bangalore07 Feb 2023AY 2019-20

Bench: Shri Chandra Poojariassessment Year: 2019-20

For Appellant: Shri Channamalikarjuna Gowda, A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Revenue
Section 154Section 253(3)Section 80PSection 80P(2)Section 80P(2)(a)

disallowance made u/s 80P of the Act is bad in law. M/s. Yaksh Pattina Souharda Sahakari Ni, Raichur Page 3 of 13 3. At the outset, it is observed that there was a delay of 363 days in filing the appeal before this Tribunal. The CIT(A) order has been served to the assessee on 30.10.2021. As per section

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1, SHIVAMOGGA vs. SMT. JAYALAKSHMI K T, SHIVAMOGGA

In the result, the Revenue’s appeal is dismissed

ITA 1298/BANG/2019[2012-13]Status: DisposedITAT Bangalore24 Feb 2020AY 2012-13

Bench: Shri A.K. Garodia & Shri Pavan Kumar Gadaleassistant Commissioner Of Income Tax, Circle 1, Shivamogga. ….Appellant Pan Vs. Smt. Jayalakshmi K T, Sri Krishna Transport, Savarkar Nagar, Shivamogga. ……Respondent.

For Appellant: Shri Rakesh, C.AFor Respondent: Smt. R. Premi, JCIT (D.R)
Section 143(2)Section 143(3)Section 194CSection 194C(6)Section 40

disallowance under Section 40(a)(ia) of the Act, as the judicial decision relied on by the CIT(Appeals) are challenged by the revenue and filed SLP before the Hon'ble Supreme Court. Contra, the learned Authorized Representative supported the orders of CIT(Appeals). 5. We heard the rival contentions and perused the material on record. The sole matrix

SRI. REDDY VEERANNA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

ITA 1146/BANG/2022[2015-16]Status: DisposedITAT Bangalore30 Nov 2023AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Shri Nischal B., D.R
Section 132(1)Section 139Section 143(3)Section 144Section 153A

5A of the Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn form the re-extended to such area or any part thereof the provisions of such Act or Regulations shall be deemed to have been repealed and re-enacted in such area

SRI. REDDY VEERANNA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

ITA 1112/BANG/2022[2012-13]Status: DisposedITAT Bangalore30 Nov 2023AY 2012-13

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Shri Nischal B., D.R
Section 132(1)Section 139Section 143(3)Section 144Section 153A

5A of the Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn form the re-extended to such area or any part thereof the provisions of such Act or Regulations shall be deemed to have been repealed and re-enacted in such area

SRI. REDDY VEERANNA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

ITA 1113/BANG/2022[2014-15]Status: DisposedITAT Bangalore30 Nov 2023AY 2014-15

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Shri Nischal B., D.R
Section 132(1)Section 139Section 143(3)Section 144Section 153A

5A of the Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn form the re-extended to such area or any part thereof the provisions of such Act or Regulations shall be deemed to have been repealed and re-enacted in such area

SRI. REDDY VEERANNA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

ITA 1145/BANG/2022[2010-11]Status: DisposedITAT Bangalore30 Nov 2023AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Shri Nischal B., D.R
Section 132(1)Section 139Section 143(3)Section 144Section 153A

5A of the Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn form the re-extended to such area or any part thereof the provisions of such Act or Regulations shall be deemed to have been repealed and re-enacted in such area

SMT. REDDY SANGEETHA,BENGALURU vs. DEPUTY COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-1(3), BENGALURU

ITA 1111/BANG/2022[2015-16]Status: DisposedITAT Bangalore30 Nov 2023AY 2015-16

Bench: Shri Chandra Poojari & Smt. Beena Pillai

For Appellant: Shri Narendra Sharma, A.RFor Respondent: Shri Nischal B., D.R
Section 132(1)Section 139Section 143(3)Section 144Section 153A

5A of the Scheduled Districts Act, 1874, (14 of 1874) or any like law, has been extended to any local area, has, by a subsequent notification, been withdrawn form the re-extended to such area or any part thereof the provisions of such Act or Regulations shall be deemed to have been repealed and re-enacted in such area

SMT NAGAMANI K T,BANGALORE vs. INCOME TAX OFFICER, WARD-6(2), BANGALORE

In the result, the assessee's appeal for Assessment Year 2007-08 is allowed

ITA 1202/BANG/2014[2007-08]Status: DisposedITAT Bangalore08 Apr 2015AY 2007-08

Bench: Shri Rajpal Yadav & Shri Jason P. Boaz

For Appellant: Smt. Prathibha R, AdvocateFor Respondent: Dr. P.K. Srihari, Addl. CIT (D.R)
Section 133ASection 143(1)Section 143(3)Section 271(1)(c)Section 274Section 40A(3)

disallowance of Rs.48,672 under Section 40A(3) of the Act. While passing the order of assessment, the Assessing Officer simultaneously initiated penalty proceedings under Section 271(1)(c) of the Act by issue of notice under Section 274 rws 271 of the Act dt.18.12.2009. 2.2 From the details on record, it transpires that in the course of survey proceedings