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10 results for “disallowance”+ Section 263clear

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Key Topics

Section 80I37Section 26336Section 143(3)9Deduction7Section 806Revision u/s 2636Disallowance6Section 1474Addition to Income4Section 142(1)

M/S. ALLIED GLASSES,ROORKEE vs. PR. CIT, DEHRADUN

In the result, appeal is allowed

ITA 3204/DEL/2017[2012-13]Status: DisposedITAT Dehradun23 Jun 2023AY 2012-13

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2012-13 Allied Glasses, C/O Tilak Raj & Versus Principal Cit, Associates, Gandhi Vatika, Dehradun Roorkee. Pan: Aamfa7220L (Appellant) (Respondent) Assessee By : Sh. Tilak Raj, Advocate Revenue By : Sh. N.S. Jangpangi, Cit/Dr Date Of Hearing : 19.06.2023 Date Of Pronouncement: 23.06.2023 Order Assessee Has Filed The Present Appeal, Assailing The Order

For Appellant: Sh. Tilak Raj, AdvocateFor Respondent: Sh. N.S. Jangpangi, CIT/DR
Section 143(3)Section 263Section 80I

section 263 of the Act by submitting that the assessment order cannot be considered to be erroneous and prejudicial to the interest of revenue, however, learned PCIT was not convinced. Ultimately, he passed an order u/s. 263 of the Act setting aside the assessment order with a direction to Assessing Officer to disallow

3
Section 56(2)(vii)3
Section 1482

SHRI VIBHU GROVER,KOTDWARA vs. PCIT, DEHRADUN

In the result appeal of the assessee is allowed

ITA 110/DDN/2024[2015-16]Status: DisposedITAT Dehradun26 Sept 2025AY 2015-16

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalvibhu Grover, Pcit, M/S Grover Sales Corporation, Dehradun. Garage Road, Kotdwara, Vs. Pauri-246169 Pan:Agdpg5842R (Appellant) (Respondent) Assessee By Shri Anil Jain, Adv. Department By Shri S.K. Chaterjee, Cit-Dr

Section 142(1)Section 147Section 148Section 263

Section 263 of the Act are fulfilled in its letter and spirit. 28. Notably, the ITAT, while making a categorical finding that the CIT had failed to point out any definite or specific error in the assessment order, has satisfactorily explained both the claims in question in Paragraph 8.2 of its order, which reads as under:- "8.2 In the Impugned

PSB PAPERS PRIVATE LIMITED,U.S. NAGAR vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX , BAREILLY

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

ITA 13/DDN/2021[2016-17]Status: DisposedITAT Dehradun23 Jun 2023AY 2016-17
Section 115JSection 142(1)Section 143(3)Section 263

disallowance of packing charges (as made in the assessment) and bad debts written off (pursuant to section 263 order) that

SMT. SAPNA GUPTA,HARIDWAR vs. THE PRINCIPAL COMMISSIONER OF INCOEM TAX, DEHRADUN

In the result, the appeal of the assessee is dismissed

ITA 16/DDN/2021[2009-2010]Status: DisposedITAT Dehradun08 Jun 2023AY 2009-2010

Bench: Shri Saktijit Dey & Shri M. Balaganeshassessment Year: 2009-10 Smt. Sapna Gupta, Vs The Pr. Cit, 299, Awas Vikas Colony, Dehradun. Vivek Vihar, Haridwar – 249 407, Uttarakhand. Pan: Acspg4083D (Appellant) (Respondent) Assessee By : Shri Rohit Jain, Advocate & Ms Deepashri Rao, Ca Revenue By : Shri N.S. Jangpangi, Cit, Dr Date Of Hearing : 27.04.2023 Date Of Pronouncement : 08.06.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.16/Ddn/2021 For Ay 2009-10 Arises Out Of The Order Of The Pr. Commissioner Of Income Tax (Appeals), Dehradun, [Hereinafter Referred To As „Ld. Pcit‟, In Short] In Din & Order No. Itba/Rev/F/Rev5/2020- 21/1031815348(1) Dated 27.03.2021 Against The Order Of Assessment Passed U/S 148/147 R.W.S. 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As „The Act‟) Dated 26Th/28Th December, 2018 By The Ld. Assessing Officer, Ward 1(3)(3), Haridwar (Hereinafter Referred To As „Ld. Ao‟). 2. The Only Issue To Be Decided In This Appeal Is As To Whether The Ld. Pcit Was Justified In Invoking Revisionary Jurisdiction U/S 263 Of The Act In Respect Of Disallowance Of Purchases Of Rs 33,35,500/- In The Facts & Circumstances Of The Instant Case.

For Appellant: Shri Rohit Jain, Advocate &For Respondent: Shri N.S. Jangpangi, CIT, DR
Section 147Section 148Section 263Section 263(2)

disallowance of purchases of Rs 33,35,500/- in the facts and circumstances of the instant case. 3. The assessee has raised the following grounds of appeal before us :- “1. That on the facts and circumstances of the case and in law, the impugned order dated 27.03.2021 passed by the Principal Commissioner of Income-tax (PCIT), under section 263

M/S. THDC INDIA LIMITED,RISHIKESH vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DEHRADUN

In the result, appeal of the assessee is allowed

ITA 31/DDN/2022[2017-18]Status: DisposedITAT Dehradun18 Feb 2026AY 2017-18

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2017-18] M/S. Thdc India Ltd. Vs Pcit Ganga Bhawan, Aaykar Bhawan, Pragatipuram, Bye Pass 13 A, Subhash Road, Road, Rishikesh, Uttarakhand Uttarakhand-249201 Pan-Aaact7905Q Appellant Respondent Assessee By Shri Jeetan Nagpal, Ca Shri Sanjay Arora, Ca & Ms. Pallavi, Ca Revenue By Ms. Poonam Sharma, Cit Dr Date Of Hearing 08.12.2025 Date Of Pronouncement 18.02.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 27.03.2022 By Ld. Pr. Commissioner Of Income Tax, Dehradun [“Ld. Pcit”] Passed U/S 263 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 30.12.2019 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is A Joint Venture Company Of Government Of India & Government Of Uttar Pradesh & Engaged In The Business Of Generation & Supply Of Hydro- Electric As Well As Wind Power & Also Engaged In Construction Of Hydro Power Plants. The Return Of Income Was Filed On 30.10.2017, Declaring Total Income Of Inr 6,84,04,420/- After Claiming Deduction U/S 80-Ia Of The Act Of Inr 948,40,76,282/-. The Book Profits Was Shown At Inr 7,84,96,09,382/- & Mat Of Inr 1,67,52,32,236/- Was Paid. The Case Of The Assessee Was Selected For Scrutiny & After Considering The Submissions Made, Total Income Was Assessed At Inr 4,63,78,80,698/- By Making Disallowance Out Of Deduction Claimed U/S 80-Ia Of The Act To The Extent Of Inr 211,15,54,378/- & Further Making Addition Of Inr 245,79,21,900/- On Account Of Late Payment Surcharge On Outstanding Debtors For The Period Of 10 Months Holding The Same As Taxable On Accrual Basis & No Deduction U/S 80Ia Was Allowed On Such Addition.

Section 143(3)Section 263Section 80Section 80I

section 263 of the Act as the assessment order dated 30.12.2019 passed by the Ld. AO u/s 143(3) of the Act was neither erroneous nor prejudicial to the interest of revenue. 2.1. That the Hon'ble PCIT has failed to appreciate that the assessment proceedings were completed after adequate and proper enquiries were made

ITO, WARD- 2(5), DEHRADUN vs. WINDLASS ENGINEERS & SERVICES PVT. LTD., DEHRADUN

In the result, appeal is dismissed

ITA 3664/DEL/2018[2014-15]Status: DisposedITAT Dehradun23 Jun 2023AY 2014-15

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganeshassessment Year: 2014-15 Income-Tax Officer, Versus Windlass Engineers & Services Ward 2(5), Dehradun. Pvt. Ltd., 11A, Rajpur Road, Dehrdun. Pan: Aaacw6855C (Appellant) (Respondent) Assessee By : Sh. Virendra Kalra, Ca Revenue By : Smt. Poonam Sharma, Addl. Cit Date Of Hearing : 19.06.2023 Date Of Pronouncement: 23.06.2023 Order This Is An Appeal By The Revenue Against Order Dated 31.01.2018

For Appellant: Sh. Virendra Kalra, CAFor Respondent: Smt. Poonam Sharma, Addl. CIT
Section 80I

disallowance made by the Assessing Officer. 4. Before us, learned Departmental Representative strongly relied upon the observations of the Assessing Officer. She submitted, as per the provisions contained u/s. 80IC of the Act, the assessee can have only one assessment year. She submitted, since the assessee has availed deduction u/s. 80IC of the Act by treating the assessment year

M/S. UJVN LIMITED,DEHRADUN vs. THE PRINCIPAL COMMISSIONER OF INCOME TAX, DEHRADUN

In the result, the appeal of the Assessee is allowed

ITA 25/DDN/2022[2017-18]Status: DisposedITAT Dehradun15 Sept 2023AY 2017-18

Bench: Sh. C. N. Prasad & Shri M. Balaganesh(Through Video Conferencing) M/S. Ujvn Limited, Vs. The Principal Commissioner C/O. Mn/S. Rra Taxindia, Of Income, D-28, South Extension, Aayakar Bhawan, 13A, Part-I, Subhash Road, Dehradun New Delhi (Appellant) (Respondent) Pan: Aaacu6672R Assessee By : Dr. Rakesh Gupta, Adv Shri Somil Aggarwal, Adv Revenue By: Shri N. S. Jangpangi, Cit Dr Date Of Hearing 24/08/2023 Date Of Pronouncement 15/09/2023

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri N. S. Jangpangi, CIT DR
Section 143(3)Section 263Section 801ASection 80I

section 80IA of the Income Tax Act, 1961. 4. That having regard to facts & circumstances of the case, Ld. PCIT has erred in law and on facts in holding that the appellant has inflated its income eligible for deduction u/s 801A by charging total quantity of energy exported @ 1.029/unit as against the approved rate of Rs. 0.805/unit

BHAWANA AGRWAL,DEHRADUN vs. NFAC-DELHI, DELHI

Appeal is partly allowed

ITA 174/DDN/2024[2016-17]Status: DisposedITAT Dehradun21 Mar 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri M. Balaganesh(Through Video Conferencing) Assessment Year: 2016-17 Bhawana Agarwal, Vs. Nfac-Delhi 3/3, Race Course, Dehradun Pan :Aazpa2029C (Appellant) (Respondent) Assessee By None Department By Sh. A.S. Rana, Sr. Dr

Section 56(2)(vii)

263 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). 2. Case called twice. None appears at the assessee’s behest. She is accordingly proceeded ex-parte. 3. We next note with the able assistance coming from the Revenue side that the learned Assessing Officer had in fact framed his assessment on 25th March, 2022, inter alia

CONVENTIONAL FASTNERS,HARIDWAR vs. ITO, HARIDWAR

In the result, appeal is dismissed

ITA 6686/DEL/2015[2012-13]Status: DisposedITAT Dehradun20 Jun 2023AY 2012-13

Bench: Shri Saktijit Dey, Vice- & Shri M. Balaganesh

For Appellant: NoneFor Respondent: Sh. A.S. Rana, Sr. DR
Section 263Section 80I

section 80IC of the Act can be claimed on interest income, as, it is not derived from business. In response to the query raised by the Assessing Officer, the assessee furnished its reply justifying the claim. However, ultimately, the Assessing Officer rejecting assessee’s claim, disallowed the deduction claimed u/s. 80IC of the Act in respect of interest income. While

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

disallowance u/s 80 IA, the same\nis taxed without any real income. Ld. AR thus, requests that deduction\nu/s 80IA of the Act on these items of income deserves to be allowed.\n11. On the other hand, Ld.Sr.DR vehemently supported the orders of\nthe lower authorities and submits that Ld.CIT(A) has passed a reasoned\norder wherein items on which