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79 results for “disallowance”+ Section 10(5)clear

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Key Topics

Section 143(3)63Section 80I56Addition to Income46Disallowance42Deduction38Section 8036Section 801A29Section 4027Section 270A25Section 263

LATE SHRI CHANDRA PRAKASH CHAUDHARY THROUGH LEAGAL HEIR MRS. ANJU CHAUDHARY,NEW DELHI vs. DCIT, CIRCLE- 1 , DEHRADUN

ITA 4258/DEL/2018[2008-09]Status: DisposedITAT Dehradun18 Dec 2023AY 2008-09
Section 143(3)Section 153A(1)(b)Section 43Section 43(5)

disallowance of set off of losses to the file of AO with the direction to determine the nature of losses on the basis of documentary evidence and in view of amended section 43(5) of the Act should allow the set off of losses incurred by the assessee from futures and options segment of stock market, if they are eligible

LATE SHRI CHANDRA PRAKASH CHAUDHARY THROUGH LEAGAL HEIR MRS. ANJU CHAUDHARY,NEW DELHI vs. DCIT, CIRCLE- 1 , DEHRADUN

ITA 4259/DEL/2018[2009-10]Status: DisposedITAT Dehradun18 Dec 2023AY 2009-10
Section 143(3)

Showing 1–20 of 79 · Page 1 of 4

21
Section 14720
Natural Justice18
Section 153A(1)(b)
Section 43
Section 43(5)

disallowance of set off of losses to the file of AO with the direction to determine the nature of losses on the basis of documentary evidence and in view of amended section 43(5) of the Act should allow the set off of losses incurred by the assessee from futures and options segment of stock market, if they are eligible

M/S THDC INDIA LIMITED, RISHIKESH,RISHIKESH vs. PCIT, DEHRADUN, DEHRADUN

In the result, appeal of the assessee is partly allowed

ITA 69/DDN/2024[2020-21]Status: DisposedITAT Dehradun24 Dec 2025AY 2020-21
Section 142(1)Section 143(2)Section 143(3)Section 234ASection 250Section 251(1)(a)Section 270ASection 80

5\nITA No.69/DDN/2024\nincome" and similarly in “Note No.34” under the head “finance cost”,\nthe fair value loss on financial assets is recorded. However, the AO has\nfailed to appreciate these facts and disallowed the deduction u/s 80 IA\nof the Act on the fair value credited to P&L A/c by ignoring the fact that\nthe corresponding entry

M/S. UTTARAKHAND PURV SAINIK KALYAN NIGAM LTD.,DEHRADUN vs. ITO, DEHRADUN

In the result, the appeal of the assessee is dismissed

ITA 725/DEL/2017[2013-14]Status: DisposedITAT Dehradun19 Mar 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Brajesh Kumar Singh[Assessment Year: 2013-14] M/S Uttrakhand Purv Ito,Ward-2(5), Sainik Kalyan Nigam Ltd. Aayakar Bhawan,13-A, Subhash (Upnl) Vs Road, Dehradun Uttrakhand- Station Sub Area, Garhi 248003 Cantt, Dehradun-248003 Pan-Aaacu7129D Assessee Revenue Assessee By Shri Tarandeep Singh, Adv. Revenue By Shri Amar Pal Singh, Sr. Dr Date Of Hearing 31.01.2025 Date Of Pronouncement 19.03.2025

Section 10Section 142(1)Section 143(3)Section 148Section 234A

section 10(26BBB) and claimed by the assessee in its return of income. Thirdly, the issue involved in the present case is whether the assessee corporation was "established by a Central, State of Provincial Act' and is eligible u/s 10(26BBB) ? which was not the subject matter of the case relied upon by the assessee. Therefore, the above cited case

INSTITUTE OF CLINICAL RESEARCH INDIA SOCIETY,DEHRADUN vs. CIT(A), DEHRADUN

Appeal is allowed

ITA 45/DDN/2024[2012-13]Status: DisposedITAT Dehradun13 Jun 2025AY 2012-13

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2012-13 Institute Of Clinical Research Vs. Commissioner Of Income India Society, Tax (Appeals), 1St Floor, Building No.1, Dehradun Treenetra Vihar, Near Kargt Chowk, Dehradun Pan :Aabai3710P (Appellant) (Respondent) Assessee By None Department By Sh. Amar Pal Singh, Sr. Dr

Section 11Section 12ASection 194Section 194JSection 2(15)Section 40

10,250/-, in the course of assessment framed on 19.11.2019 and upheld in the lower appellate discussion. 4. That being the case, the Revenue could hardly dispute the clinching fact that the assessee/appellate; who happens to be the registered trust, is already entitled for section 11 exemption; and, therefore, we are of the considered view that such a disallowance made

BHANIYAWALA KISAAN SEWA SAHKARI SAMITI LIMITED,DEHARADUN vs. THE INCOME TAX OFFICER, WARD-1(1)(2), DEHRADUN

In the result, appeal filed by the assessee is dismissed

ITA 12/DDN/2022[2017-18]Status: DisposedITAT Dehradun27 Mar 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 139(1)Section 142(1)Section 143(2)Section 144Section 234ASection 270A(10)(a)Section 271FSection 8Section 80ASection 80P

disallowed deduction u/s 80P of the Income Tax Act 1961 on the ground that the assessee has not filed its income return and also not considered that the assessee is co- operative society. 4. That on the facts and in circumstances of the case the Ld. CIT(A) has erred not considering Income Tax Return submitted during the assessment proceeding

ACIT, CIRCLE- 3, NAINITAL vs. KUMAON MANDAL VIKAS NIGAM LTD., NAINITAL

In the result, both appeals of the Revenue are partly allowed as above

ITA 1200/DEL/2018[2013-14]Status: DisposedITAT Dehradun09 May 2025AY 2013-14

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 142Section 143(3)Section 14ASection 36(1)(va)

5. We have heard both parties and have perused the material available on records. ITA No. 908/Del/2017, AY 2012-13 6. The first issue raised by the Revenue in the case of AY 2012-13 is that whether the loss declared in the ITR at (-) Rs.76,05,926/- should be taken as a base for computing income or the loss

ACIT, NAINITAL vs. M/S. KUMAON MANDAL VIKAS NIGAM LTD., NAINITAL

In the result, both appeals of the Revenue are partly allowed as above

ITA 908/DEL/2017[2012-13]Status: DisposedITAT Dehradun09 May 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 142Section 143(3)Section 14ASection 36(1)(va)

5. We have heard both parties and have perused the material available on records. ITA No. 908/Del/2017, AY 2012-13 6. The first issue raised by the Revenue in the case of AY 2012-13 is that whether the loss declared in the ITR at (-) Rs.76,05,926/- should be taken as a base for computing income or the loss

DCIT, CIRCLE- I, INTERNATIONAL TAXATION, DEHRADUN vs. EXPRESS DRILLING SYSTEMS LLC, DEHRADUN

In the result, cross objection filed by the assessee is partly

ITA 6114/DEL/2017[2009-10]Status: DisposedITAT Dehradun26 Sept 2023AY 2009-10

Bench: Shri Challa Nagendra Prasad & Shri M. Balaganeshआ.अ.सं/.I.T.A No.6114/Del/2017 िनधा"रणवष"/Assessment Year: 2009-10 बनाम Dcit, Express Drilling Circle-1, Vs. Systems Llc, International Taxation, C/O Nangia & Co., 1St Floor, Ida, 46, Dehradun, Uttarakhand. E.C. Road, Dehradun, Uttarakhand. Pan No.Aabce6891R अपीलाथ" Appellant ""यथ"/Respondent & Cross Objection No. 13/Del/2018 (In I.T.A No.6114/Del/2017) िनधा"रणवष"/Assessment Year: 2009-10 बनाम Express Drilling Systems Llc, Dcit, Vs. C/O Nangia & Co., Circle-1, 1St Floor, Ida, 46, International Taxation, E.C. Road, Dehradun, Dehradun, Uttarakhand. Uttarakhand. Pan No. Aabce6891R अपीलाथ" Appellant ""यथ"/Respondent

Section 143(3)Section 144CSection 234BSection 40

disallowing standby I.T.A.No.6114/Del/2017 & CO No. 13/Del/2018 charges totaling to Rs.54,600,000/- on the ground of business exigency and business prudence not proved by the appellant.” 2. In the cross objection filed by the assessee, the assessee challenged the validity of the final assessment order passed by the Assessing Officer u/s 143(3)/144C r.w.s. 254 of the Income

INCOME TAX OFFICER, WARD-1(1)(3), DEHRADUN, AAYKAR BHAWAN, SUBHASH ROAD, DEHRADUN vs. UTTARAKHAND PURV SAINIK KALYAN NIGAM LIMITED, STATION SUB AREA

In the result, appeal of the assessee is allowed

ITA 92/DDN/2024[2015-16]Status: DisposedITAT Dehradun23 Dec 2025AY 2015-16

Bench: Sh. Yogesh Kumar U.S. & Sh. Manish Agarwal

For Appellant: Sh. Tarandeep Singh, AdvFor Respondent: Sh. Amar Pal Singh, JCIT-DR
Section 10Section 139Section 139(1)Section 139(4)Section 143(3)Section 148Section 149Section 617

10(26BBB) of the Act. The A.O. completed the assessment under section 143(3)/147 of the Act on 30.03.2017, wherein the claimed exemption of Rs. 5,82,53,120/- by the appellant was disallowed

M.B. PETROLEUM SERVICES LLC,NEW DELHI vs. DCIT (INTERNATIONAL TAXATION), DEHRADUN

In the result, the appeal of the assessee is allowed

ITA 6608/DEL/2016[2012-13]Status: DisposedITAT Dehradun05 Oct 2023AY 2012-13
For Appellant: Smt. Shashi M Kapila, AdvocateFor Respondent: Shri Mayank Kumar, Addl.CIT DR
Section 143(3)Section 246ASection 271GSection 40aSection 44BSection 44D

Section 44DA of the Act. 5. Without prejudice to above and in law and circumstances of the case, the Ld. AO erred in disallowing the cost of materials of Rs. 493,200/- on the ground that the expense could not be verified. 6. Without prejudice to above and in law and circumstances of the case, the Ld. AO has erred

BHUPENDRA BORA,GHAZIABAD vs. DCIT, DEHRADUN

In the result, the appeal is allowed

ITA 230/DDN/2024[2019-20]Status: DisposedITAT Dehradun02 Apr 2025AY 2019-20

Bench: Shri M. Balaganesh & Shri Satbeer Singh Godara(Through Video Conferencing) Bhupendra Bora, Vs. Dcit, Flat No. S4, Plot No. 618A, Circle-1(1)(1), Sector-1, Vaishali, Dehradun Ghaziabad (Appellant) (Respondent) Pan: Ajkpb5486A Assessee By : None Revenue By: Shri A. S. Rana, Sr. Dr Date Of Hearing 17/03/2025 Date Of Pronouncement 02/04/2025

For Appellant: NoneFor Respondent: Shri A. S. Rana, Sr. DR
Section 139(1)Section 139(4)Section 143(1)Section 192Section 90

disallowing the claim of FTC. 5. The Assessee filed a rectification application before the AO on 15-6-2020 & 25-2-2021 and submitted that credit for FTC as claimed in the return should be given. In the rectification order dated 10-3-2021, the AO upheld the action on the ground that the Assessee has failed to furnish Form

M/S. NANAK CHAND ASSOCIATES,NEW DELHI vs. ITO, NEW DELHI

In the result appeal of the assessee is partly allowed

ITA 1419/DEL/2017[2012-13]Status: DisposedITAT Dehradun12 Mar 2025AY 2012-13

Bench: SHRI ANUBHAV SHARMA (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 143(2)Section 234ASection 250(6)Section 68Section 69C

section 269SS of the Act which prohibits any deposit or loan in cash exceeding Rs. 20,000/- from any person. Further except making claim that the amounts were received in cash, no evidence in the shape of confirmation etc. of Shri Madan Lal or Smt. Vimla Devi were produced before the lower authorities nor before us, to support the contention

RAJESH AGGARWAL ,DEHRADUN vs. THE DEPUTY COMMISSIONER OF INCOME TAX OFFICER, CENTRAL CIRCLE, DEHRADUN

In the result, all the appeals of the assessee are allowed

ITA 199/DDN/2019[2013-14]Status: DisposedITAT Dehradun23 Jun 2023AY 2013-14
Section 115BSection 132Section 132(4)Section 139(1)Section 153ASection 68

10) is decided in favour of the assessees and the orders of the Commissioner of Income- tax(Appeals) on this issue is upheld on the ground that the returns filed under section 153A are returns filed under section 139(1).” 14. On perusal of provisions of section 153A of the Act, we find that there is no statutory time limit

PURAN SINGH NEGI,HALDWANI vs. THE ASSIST COMMISSIONER OF INCOME TAX , NANITAL

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

ITA 33/DDN/2020[2016-17]Status: DisposedITAT Dehradun04 Jan 2023AY 2016-17

Bench: Dr. B. R. R. Kumar & Shri Yogesh Kumar U.S.I.T.A. No. 33/Ddn/2020 (A.Y 2016-17)

Section 2Section 28Section 56

10)C, applies to a scheme of voluntary separation. The ONE TIME SETTLEMENT was not voluntary. 3.1 That on facts and in law the AO has erred in not allowing the total deduction of Rs 9,65,429/ allows by the Ld CIT(A) and restricting the relief to Rs 5,00,000. The CIT(A) has accepted the claim

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE- 1(1)(1), DEHRADUN, DEHRADUN vs. THDC INDIA LIMITED, TEHRI

In the result, the appeal of the Revenue is dismissed as above

ITA 120/DDN/2024[2020-21]Status: DisposedITAT Dehradun31 Jul 2025AY 2020-21

Bench: Shri Challa Nagendra Prasad & Shri Avdhesh Kumar Mishra

Section 115JSection 7Section 80I

5. That, the appellant craves leave to add or amend any other more ground of appeal as stated above as and when needs for doing so may arise.” 2.1 The sole substantial issue raised in this appeal is that whether the Ld. CIT(A) is justified in deleting the disallowance of deduction made under section 80IB of the Income

NORMAN GORGE WILSON,NOIDA vs. ITO(INTERNATIONAL TAXATION),WARD-1, DEHRADUN

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

ITA 5667/DEL/2018[23015-16]Status: DisposedITAT Dehradun18 Jan 2023

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 5667/Del/2018 : Asstt. Year : 2015-16 Norman George Wilson, Vs Income Tax Officer, C/O Nangia & Co. Llp, A-109, Sector- Ward-1(Intl. Taxation), 136, Noida, Uttar Pradesh-201301 Dehradun-248001 (Appellant) (Respondent) Pan No. Abopw3343B Assessee By : Sh. Amit Arora, Adv. Revenue By : Sh. Sudhir Kr. Sharma, Cit Dr Date Of Hearing: 16.12.2022 Date Of Pronouncement: 18.01.2023

For Appellant: Sh. Amit Arora, AdvFor Respondent: Sh. Sudhir Kr. Sharma, CIT DR
Section 10Section 17(2)

disallowing the exemption under section 10(10CC) of the I.T. Act, 1961. Ground No. 5 On the facts and circumstances

JERRY KEMP KARTAR,NOIDA vs. ITO, WARD-1 (INTERNATIONAL TAXATION), DEHRADUN

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

ITA 5668/DEL/2018[2015-16]Status: DisposedITAT Dehradun18 Jan 2023AY 2015-16

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 5668/Del/2018 : Asstt. Year : 2015-16 Jerry Kemp Kartar, Vs Income Tax Officer, C/O Nangia & Co. Llp, A-109, Sector- Ward-1(Intl. Taxation), 136, Noida, Uttar Pradesh-201301 Dehradun-248001 (Appellant) (Respondent) Pan No. Ajzpc0774D Assessee By : Sh. Amit Arora, Adv. Revenue By : Sh. Sudhir Kr. Sharma, Cit Dr Date Of Hearing: 16.12.2022 Date Of Pronouncement: 18.01.2023

For Appellant: Sh. Amit Arora, AdvFor Respondent: Sh. Sudhir Kr. Sharma, CIT DR
Section 10Section 17(2)

disallowing the exemption under section 10(10CC) of the I.T. Act, 1961. Ground No. 5 On the facts and circumstances

PAUL GERARD JENNER,NOIDA vs. ITO, WARD-1 (INTERNATIONAL TAXATION), DEEHRTADUN

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

ITA 5669/DEL/2018[2015-16]Status: DisposedITAT Dehradun18 Jan 2023AY 2015-16

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Usita No. 5669/Ddn/2018 : Asstt. Year : 2015-16 Paul Gerard Jenner, Vs Income Tax Officer, C/O Nangia & Co. Llp, A-109, Sector- Ward-1(Intl. Taxation), 136, Noida, Uttar Pradesh-201301 Dehradun-248001 (Appellant) (Respondent) Pan No. Anwpj5878L Assessee By : Sh. Amit Arora, Adv. Revenue By : Sh. Sudhir Kr. Sharma, Cit Dr Date Of Hearing: 16.12.2022 Date Of Pronouncement: 18.01.2023

For Appellant: Sh. Amit Arora, AdvFor Respondent: Sh. Sudhir Kr. Sharma, CIT DR
Section 10Section 17(2)

disallowing the exemption under section 10(10CC) of the I.T. Act, 1961. Ground No. 5 On the facts and circumstances

MUSSOORIE DEHRADUN DEVELOPMENT AUTHORITY,MDDA, TRANSPORT NAGAR DEHRADUN vs. ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX DEPARTMENT DEHRADUN

In the result, both appeals of the assessee are dismissed as above

ITA 95/DDN/2023[2017-18]Status: DisposedITAT Dehradun21 Feb 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishra

Section 43B

disallowance of Rs.28,080/- under section 43B r.w.s. 36(1)(va) of the Act is concerned, the Ld. AR submitted that the amount of Rs.28,080/- had been paid after the due date specified in the said Provident Act. However, the same had been paid before filing of the ITR. The Ld. AR submitted that the issue involved in this