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15 results for “section 68”+ Section 96clear

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Key Topics

Section 44B14Section 914Addition to Income13Section 143(3)9Section 153A7Section 2637Section 132(4)4Section 1474Section 683Limitation/Time-bar

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

96,096/- offered by the assessee in assessment year 2017-18 in the returns filed on 13.06.2018 shall have to be sustained and added. This would meet the ends of justice and avoid double taxation. This would also be in consonance with the search statement given under section 132(4) of the Act. 17. We find that the assessee

DEPUTY COMISSIONER OF INCOME TAX, CENTRAL CIRCLE, DEHRADUN, DEHRADUN vs. KAMAL JEWELLERS, DEHRADUN

3
Business Income2
Natural Justice2

In the result, Appeal of the Revenue in ITA

ITA 161/DDN/2025[2017-18]Status: DisposedITAT Dehradun14 Jan 2026AY 2017-18

Bench: Sh. Yogesh Kumar Us & Sh. Manish Agarwal

For Appellant: Sh. Rajiv Sahini, CAFor Respondent: Ms. Poonam Sharma, CIT-DR
Section 139(4)Section 143(3)Section 68

96,586/- against cash sales of Rs. 8,85,99,875/- in November, 2016. As per AR, the increase in cash sales over the same month of said year is only 19.7%. 11. The availability of stock was submitted to the AO vide submissions dated 26.12.2016 and cash bills & vouchers relating to sales were submitted to the AO on 20.12.2016

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

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

ITA 205/DDN/2019[2017-18]Status: HeardITAT Dehradun15 Sept 2023AY 2017-18

Bench: Sh. C. N. Prasad & Shri M. Balaganesh(Through Video Conferencing) Rajesh Aggarwal, Vs. Dcit, B-4, New Sabzi Mandi, Vikash Central Circle, Nagar, Distti. Dehradun Dehradun (Appellant) (Respondent) Pan: Aanpa7592E Assessee By : Shri Rajiv Sahni, Ca Revenue By: Shri A. S. Rana, Sr. Dr Date Of Hearing 24/08/2023 Date Of Pronouncement 15/09/2023

For Appellant: Shri Rajiv Sahni, CAFor Respondent: Shri A. S. Rana, Sr. DR
Section 115BSection 132Section 132(4)Section 143(3)Section 153ASection 69A

96,096/- was surrendered by the assessee on 01.12.2016 itself, whereas section 115BBE as amended by the Second Amendment Act, 2016 prescribing tax rate @60% got notified only on 15.12.2016. This goes to prove that for income earned up to 14.12.2016, even if the said income is unexplained falling within the nature of income referred to section 68

BG EXPLORATION & PRODUCTION INDIA LIMITED,MUMBAI vs. THE DEPUTY COMMISSIONER OF INCOME TAX DDIT/ADIT (INTERNATIONAL TAXATION ) CIRCLE-1, DEHRADUN

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

ITA 7/DDN/2021[2016-17]Status: DisposedITAT Dehradun14 Dec 2021AY 2016-17

Bench: Shri R.K. Panda & Shri V.P. Raoassessment Years: 2016-17

For Appellant: Sh. Ajay Vohra, Sr. AdvocateFor Respondent: Sh. N.S. Jangpangi, CIT/DR
Section 143(3)Section 144C(13)Section 144C(5)Section 44C

68. The ld. CIT DR has no objection for the above issue to be set aside to ld. AO/TPO. 69. After hearing both the sides and considering the totality of the facts of the case, we deem it proper to restore the issue to the file of the Assessing Officer with a direction to give an opportunity to the assessee

METRO FROZEN FRUIT & VEGETABLES PVT. LTD.,ROORKEE vs. DCIT, CIRCLE, HARIDWAR

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

ITA 1555/DEL/2019[2009-10]Status: DisposedITAT Dehradun08 Mar 2022AY 2009-10

Bench: Shri R.K. Panda & Shri N. K. Choudhry[Assessment Year: 2009-10] Metro Frozen Fruits & Dcit, Vegetables Pvt. Ltd. Circle Haridwar, Plot No.22, Rajpur, Vs Uttarakhan Bhagwanpur, Roorkee, Uttrakhand Pan-Aaecm4521F Assessee Revenue Assessee By Sh. Piyush Kuchhal, Fca Revenue By Ms. Poonam Sharma Cit-Dr Date Of Hearing 23.02.2022 Date Of Pronouncement 08.03.2022 Order Per R.K. Panda, Am, This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.01.2019 Of The Learned Cit(A), Dehradun, Relating To Assessment Year 2009-10. 2. The Grounds Raised By The Assessee Are As Under:-

Section 143(3)Section 147Section 148

96,389/- 1,18,73,198/- Office 10% 90,97,325/- 1,24,163/- 18,85,296/- 0 1,11,06,784/- 10,16,413/- 1,00,90,371/- Equipments Others 51,24,453/- 0 27,63,811 /- 27,76,846/ 65,76,110/- 0 65,76,110/- Total 2,69,46,861/ 1,68

DCIT, CENTRAL CIRCLE, DEHRADUN vs. GOLDEN MANOR, DEHRADUN

Appeals of the Revenue are dismissed

ITA 103/DDN/2019[2015-16]Status: DisposedITAT Dehradun21 Feb 2025AY 2015-16

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.103 &104/देहरादून/2019(िन.व. 2015-16 & 2016-17)

For Appellant: Shri S.K Chaterjee, CIT-DR(Through VC)For Respondent: Shri S.K. Matta, Chartered Accountant
Section 132(4)Section 44A

68,97,657/- from the business of Real Estate for AY 2015-16 and Rs.2,92,02,474/- for AY 2016-17. The assessee being in the business of Real Estate Development was required to adopt Percentage Completion Method as per Accounting Standard-7 (AS-7). The Assessing Officer (AO) computed the gross profit as per norms laid down

DCIT, CENTRAL CIRCLE, DEHRADUN vs. GOLDEN MANOR, DEHRADUN

Appeals of the Revenue are dismissed

ITA 104/DDN/2019[2016-17]Status: DisposedITAT Dehradun21 Feb 2025AY 2016-17

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.103 &104/देहरादून/2019(िन.व. 2015-16 & 2016-17)

For Appellant: Shri S.K Chaterjee, CIT-DR(Through VC)For Respondent: Shri S.K. Matta, Chartered Accountant
Section 132(4)Section 44A

68,97,657/- from the business of Real Estate for AY 2015-16 and Rs.2,92,02,474/- for AY 2016-17. The assessee being in the business of Real Estate Development was required to adopt Percentage Completion Method as per Accounting Standard-7 (AS-7). The Assessing Officer (AO) computed the gross profit as per norms laid down

ACIT, UTTRAKHAND vs. M/S. UTTARANCHAL JAL VIDYUT NIGAM LTD., DEHRADUN

In the result, the appeal filed by the Revenue is dismissed

ITA 736/DEL/2017[2012-13]Status: DisposedITAT Dehradun24 Dec 2021AY 2012-13

Bench: Shri R.K. Panda & Shri Challa Nagendra Prasadassessment Year: 2012-13 Acit, Vs. Uttaranchal Jal Vidyut Circle-2, Nigam Ltd., 13-A, Subhash Road, Ujjwal, Maharani Bagh, Uttarakhand. Gms Road, Dehradun. Pan: Aaacu6672R (Appellant) (Respondent) Assessee By : Dr. Rakesh Gupta, Advocate & Shri Somil Aggarwal, Advocate Revenue By : Smt. Poonam Sharma, Sr. Dr Date Of Hearing : 22.12.2021 Date Of Pronouncement : 24.12.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 29Th December, 2016 Of The Cit(A), Dehradun, Relating To Assessment Year 2012-13. 2. The Only Effective Ground Raised By The Revenue Reads As Under:- “1. The Ld.Cit(A) Has Erred In Law & On Facts By Allowing Depreciation On Assets For Which The Actual Cost As Per Section 43(1) Of The Income Tax Act, 1961 Was Nil. 2. The Order Of The Ld.Cit(Appeals) Be Set Aside & That Of The Assessing Officer Be Restored.”

For Appellant: Dr. Rakesh Gupta, Advocate &For Respondent: Smt. Poonam Sharma, Sr. DR
Section 143(3)Section 2Section 32Section 43Section 43(1)

96,37,032/- which was stated to be the equal to the difference of assets liabilities including capital reserves. On being asked about the same and after discussion with the A.R. for the assessee, it was found that the 2 liability side of the Balance Sheet of the assessee was still not settled, i.e. the loan amount transferred by UPJVNL

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5584/DEL/2013[2010-11]Status: DisposedITAT Dehradun08 Jun 2021AY 2010-11

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise

MI OVERSEAS LTD.,NEW DELHI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 3072/DEL/2012[2009-10]Status: DisposedITAT Dehradun08 Jun 2021AY 2009-10

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise

ADIT, DEHRADUN vs. M/S. M.I. OVERSEAS LTD., NOIDA

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 3045/DEL/2013[2006-07]Status: DisposedITAT Dehradun08 Jun 2021AY 2006-07

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 2956/DEL/2013[2006-07]Status: DisposedITAT Dehradun08 Jun 2021AY 2006-07

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5565/DEL/2013[2010-11]Status: DisposedITAT Dehradun08 Jun 2021AY 2010-11

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise

MI OVERSEAS LTD.,MUMBAI vs. ADIT, DEHRADUN

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5583/DEL/2013[2007-08]Status: DisposedITAT Dehradun08 Jun 2021AY 2007-08

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise

ADIT (INTERNATIONAL TAXATION), DEHRADUN vs. M/S. M.I, OVERSEAS LTD., MUMBAI

In the result ITA number 5584/Del/2013 filed by the assessee for assessment year

ITA 5564/DEL/2013[2007-08]Status: DisposedITAT Dehradun08 Jun 2021AY 2007-08

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Thakur Singh Mapwal, JCIT DR
Section 263Section 44BSection 9

96,69,43,294/–. The learned Sr Advocate referred to the contracts placed in the paper book and submitted that the contracts entered with various parties are not in the nature of composite contracts and clearly distinguishable of goods/materials and rendering of services. Therefore he submitted that income on account of supply of imported material does not accrue or arise