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19 results for “disallowance”+ Section 274(2)clear

Sorted by relevance

Mumbai470Delhi401Chennai107Jaipur107Ahmedabad103Raipur103Bangalore93Pune70Hyderabad56Indore49Surat48Chandigarh43Kolkata40Allahabad37Ranchi25Lucknow23Rajkot19Cuttack19Amritsar16Visakhapatnam14SC14Nagpur13Cochin11Agra10Panaji8Guwahati7Jodhpur6Dehradun3Jabalpur2Varanasi1

Key Topics

Section 801A63Section 271A49Section 274(2)14Section 44A14Section 271(1)(c)11Addition to Income11Penalty10Disallowance9Section 153A7Section 80

DEPUTY COMMISSIONER OF INCOME TAX, ODISHA vs. ODISHA STATE BEVERAGES CORPORATION LIMITED, ODISHA

In the result, appeal of the revenue stands dismissed

ITA 359/CTK/2023[2020-21]Status: HeardITAT Cuttack11 Jun 2024AY 2020-21

Bench: Before Shri George Mathan, Judicial & Manish Agarwal Manish Agarwalassessment Year : 2020-2021 2021 Dcit, Aayakar Bhavan, Main Dcit, Aayakar Bhavan, Main Vs. Odisha Odisha State State Beverages Beverages 2Nd Building, Building, Rajaswas Rajaswas Vihar, Vihar, Corporation Corporation Limited., Limited., 2 Vani Vihar, Bhubaneswar. Vani Vihar, Bhubaneswar. Floor, Floor, Fortune Fortune Towers, Towers, S.E.Rly S.E.Rly Proj. Proj. Complex, Complex, Bhubaneswar. Bhubaneswar. Pan/Gir No Pan/Gir No. (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Satyajit Mishra, Ca Satyajit Mishra, Ca Revenue By : Shri Sanjay Kumar, Cit : Shri Sanjay Kumar, Cit Dr Date Of Hearing : 11/0 06/2024 Date Of Pronouncement : 11/0 /06/2024 O R D E R Per Bench This Is An Appeal Filed By The Revenue Against The Order Of The Ld Against The Order Of The Ld Cit(A), Nfac, Delhi Dated Cit(A), Nfac, Delhi Dated 21.9.2023 Deleting The Penalty Levied U/S.270A Of 21.9.2023 Deleting The Penalty Levied U/S.270A Of The Act For The Assessment Year For The Assessment Year 2020-2021. 2. Brief Facts Of The Case Are That The Assessment In This Case Was Brief Facts Of The Case Are That The Assessment In This Case Was Brief Facts Of The Case Are That The Assessment In This Case Was Passed U/S.143(3) Of The Act On 23.9.2 Passed U/S.143(3) Of The Act On 23.9.2022 By Disallowing A Sum Of 022 By Disallowing A Sum Of Rs.3,00,00,000/ Rs.3,00,00,000/- Out Of Expenses Claimed By The Assessee On Account Of Out Of Expenses Claimed By The Assessee On Account Of License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings License Fees U/S.40(A)(Iib) Of The Act. Simultaneously, Penalty Proceedings

For Appellant: Shri Satyajit Mishra, CA Shri Sanjay Kumar, CIT
7
Section 194C7
Deduction7
For Respondent:
Section 143(3)Section 270ASection 270A(1)Section 270A(9)Section 40

2 | 12 Assessment Year : 2020-2021 4. Per contra, ld AR supported the order of the ld CIT(A) and submitted that the penalty proceedings were initiated in the assessment by observing as under: “In view of the above, the AO is satisfied that the case of assessee is fit to levy penalty u/s.270A of the Income

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 208/CTK/2022[2009-10]Status: DisposedITAT Cuttack27 Apr 2023AY 2009-10

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 209/CTK/2022[2010-11]Status: DisposedITAT Cuttack27 Apr 2023AY 2010-11

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 210/CTK/2022[2011-12]Status: DisposedITAT Cuttack27 Apr 2023AY 2011-12

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 211/CTK/2022[2012-13]Status: DisposedITAT Cuttack27 Apr 2023AY 2012-13

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 212/CTK/2022[2013-14]Status: DisposedITAT Cuttack27 Apr 2023AY 2013-14

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 213/CTK/2022[2014-15]Status: DisposedITAT Cuttack27 Apr 2023AY 2014-15

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

DEBASIS PADHI,BERHAMPUR vs. ASST.CIT CENTRAL CIRCLE-1, BHUBANESWAR

In the result, appeals filed by the assessee stand dismissed

ITA 214/CTK/2022[2015-16]Status: DisposedITAT Cuttack27 Apr 2023AY 2015-16

Bench: Before Shri George Mathan, Judicialita Nos.208 To 214/Ctk/20 /Ctk/2022 Assessment Years : 2009-10 To 2015 10 To 2015-16

For Appellant: Shri C.Parida, ARFor Respondent: Shri S.C.Mohanty, Sr DR
Section 271ASection 274(2)Section 44A

274(2) of the Act requires that if the penalty in excess of Rs.20,000/- is levied by the ACIT/DCIT, then the prior approval is to be obtained from the ACIT. Ld Sr DR has placed before me the application for the approval by the JCIT and the approval granted by the JCIT. A government document is considered

BISWAJIT NAYAK,ROURKELA, ODISHA vs. ACIT, ROURKELA CIRCLE, ROURKELA

In the result, appeal of the assessee is allowed

ITA 19/CTK/2024[2015-16]Status: HeardITAT Cuttack15 Apr 2024AY 2015-16

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.19/Ctk/2024 (ननधाारण वषा / Assessment Year : 2015-2016) Biswajit Nayak, Vs Acit, Rourkela Circle, Rourkela Qtr.No.B-174, Sector-1, Rourkela-769008 Pan No. :Aaqpn 2087 A (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.K.Sarangi, Ca राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 15/05/2024 घोषणा की तारीख/Date Of Pronouncement : 15/05/2024

For Appellant: Shri S.K.Sarangi, CAFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 143(3)Section 271(1)(c)Section 274

disallowance of interest on car loan and depreciation” in para 5.0 where no satisfaction was recorded with regard to the initiation of penalty proceedings u/s.271(1)(c) of the Act. 5 Thus, it clearly evident from the assessment order that the AO was very much clear in his mind that the penalty proceedings u/s.271(1)(c) of the Act were

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

ITA 13/CTK/2023[2018-19]Status: DisposedITAT Cuttack07 Jan 2025AY 2018-19

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

ITA 141/CTK/2023[2016-17]Status: DisposedITAT Cuttack07 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

ACIT, CENTRAL CIRCLE, SAMBALPUR, SAMBALPUR vs. M/S. SHREE BALAJI ENGICONS PVT. LTD., JHARSUGUDA

In the result, appeals of the assesee in IT(SS)A No

ITA 142/CTK/2023[2017-18]Status: DisposedITAT Cuttack07 Jan 2025AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

M/S. SHREE BAALAJI ENGICONS LIMITED,JHARSUGUDA vs. DEPUTY COMMISSIONER OF INCOME TAX ( CENTRAL CIRCLE-1(1), SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

ITA 296/CTK/2023[2013-14]Status: DisposedITAT Cuttack07 Jan 2025AY 2013-14

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

ASST. CIT, CENTRAL CIRCLE, SAMBALPUR, AAYAKAR BHAWAN, SAMBALPUR vs. SHREE BALAJI ENGICON LIMITED, BELPAHAR RS

In the result, appeals of the assesee in IT(SS)A No

ITA 320/CTK/2023[2011-12]Status: DisposedITAT Cuttack07 Jan 2025AY 2011-12

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. ACIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

ITA 88/CTK/2023[2016-17]Status: DisposedITAT Cuttack07 Jan 2025AY 2016-17

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

M/S. SHREE BALAJI ENGICONS PVT. LTD.,BELPAHAR, JHARSUGUDA vs. DCIT, CENTRAL CIRCLE-1(1), SAMBALPUR, SAMBALPUR

In the result, appeals of the assesee in IT(SS)A No

ITA 89/CTK/2023[2017-18]Status: DisposedITAT Cuttack07 Jan 2025AY 2017-18

Bench: Shri George Mathan & Shri Manish Agarwalit(Ss)A No.77/Ctk/2023

Section 153ASection 194CSection 80Section 801A

Section 80IA(4) of the Act the enterprises which is eligible for deduction is the “joint venture firm” and not any of the constituent as has been claimed by the assesee. 27. In the last, it is observed that in the case of M/s Rawat-Balaji-JV and M/s SBEPL-GRIL-JV in A.Y.2014-2015, the department proposed

MARUTI TRADING CO,JAGAATSINGHPUR vs. ITO WARD PARADEEP, PARADEEP

In the result, appeal of the assessee stands allowed

ITA 213/CTK/2023[2015-16]Status: HeardITAT Cuttack16 Aug 2023AY 2015-16

Bench: Before Shri George Mathan, Judicialassessment Year : 2015-16 Maruti Trading Co., Maruti Trading Co., Panisalia, Vs. Ito, Ward, Paradeep. Ito, Ward, Paradeep. Jagatsinghpur. Jagatsinghpur. Pan/Gir No. Pan/Gir No.Aalfm 3677 L (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri P.R.Mohanty P.R.Mohanty, Ar Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 16/08 8/2023 Date Of Pronouncement : 16/0 /08/2023 O R D E R

For Appellant: Shri P.R.MohantyFor Respondent: Shri S.C.Mohanty
Section 143(3)Section 148Section 271(1)(c)

2 | 7 Assessment Year : 2015-16 penalty. It was the further submission that the amount of Rs.1,04,912/- received from Hindustan Unilever Ltd., had also been reflected in the profit and loss account and TDS had also been given effect in the return of income. It was the submission that just because the assessee has not filed appeal against

SHRI SANTOSH KUMAR AGARWALA,CUTTACK vs. ACIT, CIRCLE- 2(1), CUTTACK

In the result, appeal of the assessee stands allowed

ITA 189/CTK/2023[2009-10]Status: HeardITAT Cuttack13 Jul 2023AY 2009-10

Bench: Before Shri George Mathan, Judicialita Nos.189 & 190/Ctk/20 /Ctk/2023 Assessment Year : 2009-10 Santosh Kumar Santosh Kumar Agarwala, Vs. Acit, Circle Acit, Circle-2(1), Sector-6, Cda, Cuttack 6, Cda, Cuttack Cuttack Pan/Gir No. Pan/Gir No.Aaspa 3698Q (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Mohit Sheth Mohit Sheth, Ar Revenue By : Shri S.C.Mohanty, Sr , Sr. Dr Date Of Hearing : 13/07 7/2023 Date Of Pronouncement : 13/0 /07/2023 O R D E R

For Appellant: Shri Mohit ShethFor Respondent: Shri S.C.Mohanty, Sr
Section 148

disallowance only on the ground that it is a fresh claim and as it is noticed that the assessee has filed return in respect to notice u/s.148 and therefore, the return filed is deemed to be filed under section 139 of the Act and the assessee is entitled to claim deduction of interest on housing loan paid to the extent

SHRI SANTOSH KUMAR AGARWALA,CUTTACK vs. ACIT, CIRCLE- 2(1), CUTTACK

In the result, appeal of the assessee stands allowed

ITA 190/CTK/2023[2009-10]Status: HeardITAT Cuttack13 Jul 2023AY 2009-10

Bench: Before Shri George Mathan, Judicialita Nos.189 & 190/Ctk/20 /Ctk/2023 Assessment Year : 2009-10 Santosh Kumar Santosh Kumar Agarwala, Vs. Acit, Circle Acit, Circle-2(1), Sector-6, Cda, Cuttack 6, Cda, Cuttack Cuttack Pan/Gir No. Pan/Gir No.Aaspa 3698Q (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Mohit Sheth Mohit Sheth, Ar Revenue By : Shri S.C.Mohanty, Sr , Sr. Dr Date Of Hearing : 13/07 7/2023 Date Of Pronouncement : 13/0 /07/2023 O R D E R

For Appellant: Shri Mohit ShethFor Respondent: Shri S.C.Mohanty, Sr
Section 148

disallowance only on the ground that it is a fresh claim and as it is noticed that the assessee has filed return in respect to notice u/s.148 and therefore, the return filed is deemed to be filed under section 139 of the Act and the assessee is entitled to claim deduction of interest on housing loan paid to the extent