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6 results for “depreciation”+ Section 254(2)clear

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Key Topics

Depreciation6Addition to Income6Section 14A5Section 260A4Section 32(1)(ii)4Deduction4Section 153C3Section 2542Section 32(1)(iia)2Section 37(1)

COMMISSIONER OF INCOME TAX, KOL-I, KOL vs. M/S. JINDAL INDIA LTD.

In the result, the appeal filed by the revenue

ITA/95/2011HC Calcutta16 Mar 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 16Th March, 2023 Appearance : Mr. Smarajit Roychowdhury, Adv. ...For The Appellant. Mr. J. P. Khaitan, Sr. Adv. Mr. Sanjoy Bhowmick, Adv. Ms. Swapna Das, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 30Th November, 2010 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In Ita No.368 & 369/Kol/2010 Years 2005- 06 & 2006-07. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:

Section 2(18)(b)Section 2(22)(e)Section 260ASection 31

Section 2(22)(e) of the Income Tax Act ? We have heard Mr. Smarajit Roychowdhury, learned standing counsel appearing for the appellant/revenue and Mr. J. P. Khaitan, learner Senior Counsel assisted by Mr. Sanjoy Bhowmick and Ms. Swapna Das, learned Advocates for the respondent/assessee. It is not in dispute that the tax effect for the assessment year

2
Section 312
Condonation of Delay2

PRINCIPAL COMMISSIONER OF INCOME TAX ,CENTRAL-2,KOLKATA vs. M/S. DHANSAR ENGINEERING CO.PVT LTD.

In the result, we find that question no

ITAT/343/2017HC Calcutta14 Dec 2021

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE HIRANMAY BHATTACHARYYA

Section 14ASection 153CSection 260ASection 32(1)(iia)Section 32A(2)(b)

depreciation under Section 32(1)(iia). The Tribunal had taken note of the decision of this Court in the case of CIT Vs. G. S. Atwal & Company in 254 ITR 592 for the proposition that mining of coal is production. Applying the said decision the Tribunal granted relief to the assessee. This issue has also been settled

M/S. DEVELOPMENT CONSULTANTS PVT. LTD. vs. COMMISSIONER OF INCOME TAX, KOLKATA-IV, & ANR.

The appeal is allowed

ITA/845/2008HC Calcutta09 Feb 2023

Bench: :

Section 254Section 260A

2 account as a credit entry, the omission to deduct the same while computing the taxable income is a mistake apparent from the record and the Commissioner of Income Tax (Appeals) having held that the Assessing Officer should have done it himself and as such the amount of excess depreciation debited earlier to the profit and loss account and written

PRINCIPAL COMMISSIONER OF INCOME TAX-4, KOLKATA vs. HINDUSTAN GUM AND CHEMICALS LTD

ITAT/40/2020HC Calcutta13 Jan 2021

Bench: HON'BLE JUSTICE RAJESH BINDAL, CHIEF JUSTICE (ACTING),HON'BLE JUSTICE ANIRUDDHA ROY

Section 14ASection 32(1)(ii)Section 37(1)

depreciation without considering the third proviso to section 32(1)(ii) which came into effect on 1st April, 2016 by virtue of the Finance Act, 2016 without retrospective effect ? (iv) Whether on the facts and circumstances of the case the Learned Income Tax Appellate Tribunal is justified in law in properly not applying the test of application of ITAT/40/2020

PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA-5, KOLKATA vs. M/S MERLIN RESOURCES PRIVATE LIMITED

ITA/40/2020HC Calcutta10 Dec 2020

Bench: HON'BLE JUSTICE I. P. MUKERJI,HON'BLE JUSTICE MD. NIZAMUDDIN

Section 14ASection 32(1)(ii)Section 37(1)

depreciation without considering the third proviso to section 32(1)(ii) which came into effect on 1st April, 2016 by virtue of the Finance Act, 2016 without retrospective effect ? (iv) Whether on the facts and circumstances of the case the Learned Income Tax Appellate Tribunal is justified in law in properly not applying the test of application of ITAT/40/2020

PRINCIPAL COMMISSIONER OF INCOME TAX CENTRAL 1 KOLKATA vs. M/S RAMKRISHNA FORGINGS LTD

In the result the appeal is partly allowed

ITAT/258/2022HC Calcutta08 Feb 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 8Th February, 2023 Appearance : Mr. Tilak Mitra, Adv. …For Appellant Mr. S.M. Surana, Adv. Ms. Sapna Das, Adv. Mr. S. Das, Adv. …For Respondent

Section 260ASection 36Section 37Section 43(5)Section 43B

depreciation was claimed in preceding assessment year on new plant and machinery which was put to use for less than 180 days, ignoring the reasoned order of the A.O. and relying on the assessee’s submission ? ii) WHETHER the Learned Tribunal has erred in law in holding that forex loss is allowance as expenditure under section