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2,580 results for “disallowance”+ Section 148clear

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Key Topics

Section 147112Section 148107Addition to Income68Section 143(3)64Disallowance38Reassessment26Section 153C24Search & Seizure24Reopening of Assessment21Deduction

M/s JAY BHARAT MARUTI LTD vs. COMMISSIONER OF INCOME TAX

In the result the appeal is allowed and

ITA/501/2007HC Delhi20 Apr 2009
For Appellant: Mr R. Santhanam, AdvocateFor Respondent: Mr R.D. Jolly, Advocate
Section 142(1)Section 143(1)(a)Section 147Section 148Section 260ASection 43B

Section 148 of the Act, the Assessing Officer‟s belief is not one which is a fact supported by legal evidence. It was contended that once a gateway is found by the Assessing Officer to reopen the proceedings he would be well within his jurisdiction to bring within his net any item of income which had escaped assessment or disallow

Showing 1–20 of 2,580 · Page 1 of 129

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Section 14317
Section 13216

INTERNATIONAL HOSPITAL LIMITED vs. DCIT CIRCLE 12 (2)

ITA/116/2023HC Delhi26 Sept 2024

Bench: HON'BLE MR. JUSTICE RAVINDER DUDEJA,HON'BLE MR. JUSTICE YASHWANT VARMA

148 of the Income Tax Act is a condition precedent to the validity of any assessment order to be passed under section 147 of the Act and when such a notice is not issued and assessment made, such a defect cannot be treated as cured under Section 292B of the Act. The Court observed that this provisions condones the invalidity

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

ITA 5816/DEL/2012[2008-09]Status: DisposedITAT Delhi24 Oct 2016AY 2008-09

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

For Appellant: Sh. Ajay Vohra, SrFor Respondent: Sh. NC Swain, CIT DR (OSD)
Section 201Section 254Section 40

disallowance under section 40(a)(ia) r.w.s. 194H of the Act was made. In the aforesaid circumstances, the appellant, it will kindly be appreciated entertained bonafide belief that no tax was deductible under section I94H of the Act in respect of the transaction under consideration. viii. It has been the case of the appellant that tax is not deductible

MAHESH KUMAR,DELHI vs. ITO,WARD-68(6), DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

ITA 2650/DEL/2024[2012-13]Status: DisposedITAT Delhi06 Aug 2025AY 2012-13

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

Section 10(38)Section 143(3)Section 147Section 148Section 68

section 148 of 17 the Act, the AO accepted the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income, for that we rely on the judgment

INCOME TAX OFFICER, WARD 3(1), DELHI, DELHI vs. ARTISTIC FINANCE PRIVATE LIMITED, DELHI

In the result, Ground no. 3 as raised by the assessee deserves to be allowed and the impugned addition cannot be sustained

ITA 2650/DEL/2023[2014-15]Status: DisposedITAT Delhi08 May 2025AY 2014-15

Bench: Justice (Retd.) C.V. Bhadang(), Shri Mahavir Singh & Shri Brajesh Kumar Singh[Assessment Year: 2012-13] Mahesh Kumar, Vs Ito, 6/305/1A, Doonger Ward-68(6), Mohalla, Delhi-110032. Delhi. Pan-Aoopk6335A Appellant Respondent Appellant By Shri Neeraj Mangla, Ca Respondent By Shri Krishna K. Ramawat, Sr. Dr Date Of Hearing 06.08.2025 Date Of Pronouncement 06.08.2025

Section 10(38)Section 143(3)Section 147Section 148Section 68

section 148 of 17 the Act, the AO accepted the contention of the assessee and holds that the income which he has initially formed a reason to believe had escaped assessment, has as a matter of fact not escaped assessment, it is not open to him independently to assess some other income, for that we rely on the judgment

ITO, NEW DELHI vs. M/S. SUNLIGHT TOUR AND TRAVELS PVT. LTD., SAHIBABAD

In the result, the appeal filed by the Revenue in ITA No

ITA 5739/DEL/2016[2007-08]Status: DisposedITAT Delhi15 Nov 2021AY 2007-08

Bench: Shri N.K. Billaiya & Shri Sudhanshu Srivastava[A.Y 2007-08]

For Appellant: Shri S.K. Tulsian, AdvFor Respondent: Shri H.K. Chaudhary, CIT- DR
Section 133(6)Section 143(3)Section 147Section 148Section 68

disallowance in respect of the items of club fees, gifts and presents, etc., then he would have been justified as per Explanation 3 to section 147 to reduce the claim of deduction under sections 80HH and 80-I as well. [Para 20] In view of above discussion, the Tribunal was right in holding that the Assessing Officer had the jurisdiction

ITO, WARD-1(4), FARIDABAD vs. KESHAV MEDICHEM P.LTD, FARIDABAD

In the result, the appeal of the Revenue in ITA No

ITA 154/DEL/2020[2011-12]Status: DisposedITAT Delhi23 Mar 2023AY 2011-12

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri Anuj Garg, Sr. DR
Section 1Section 14Section 147Section 148Section 68

148. 19. In the present case, as is noted above, the Assessing Officer was satisfied with the justifications given by the assessee regarding the items, viz., club fees, gifts and presents and provision for leave encashment, but, however, during the assessment proceedings, he found the deduction under sections 80HH and 80-I as claimed by the assessee

DEVKI NANDAN BINDAL,NEW DELHI vs. ITO, WARD- 46(3), NEW DELHI

In the result, appeal of the Assessee allowed

ITA 4271/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Dec 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri B.R.R. Kumar

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT-DR
Section 131Section 144Section 147Section 148

148 was issued to the assessee, but, same was not complied with. The show cause notice Dated 11th December, 2017 was also served through affixture on 11th December, 2017. Since no compliance was made, A.O. proceeded under section 144 of the Income Tax Act, 1961. The A.O. noted that there are deposits in Bank from M/s. JMD International

COMMISSIONER OF INCOME TAX, DELHI VIII vs. INDIAN FARMERS FERTILIZERS CO-OP. LTD.

The appeal stands disposed of accordingly

ITA-740/2008HC Delhi24 Dec 2010
Section 143(3)Section 147Section 148Section 154Section 250Section 80

disallowances of ` 33,06,68,598/- under Section 80-I of the Act. Aggrieved, the assessee preferred further appeal before the ITAT. The ITAT vide its order dated 17.02.2006 allowed the assessee full deduction under Section 80-I, as claimed by the assessee. 10. Now we advert to the second re-assessment proceedings initiated on the ground that the carried

M/S. INDIA EXPOSITION MART LTD.,NEW DELHI vs. DCIT, NEW DELHI

ITA 1079/DEL/2016[2009-10]Status: DisposedITAT Delhi12 Aug 2025AY 2009-10
Section 139(1)Section 147Section 148

Section ('U/s' for short) 143(3) of Income\nTax Act ('IT Act' for short) was passed on 09.02.2011 wherein the only addition made\nby the Assessing Officer ('AO', for short) to the return income (Rs.11,15,33,024/-)\nwas disallowance of Rs.1,06,500/- out of guest house rent amounting to Rs.\n4,26,000/-. Thereafter, Asstt. Commissioner of Income

UJJWAL MICROFINANCE PVT LTD,NEW DELHI vs. ITO WARD - 27(2), NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 3877/DEL/2019[2011-12]Status: DisposedITAT Delhi09 Jun 2023AY 2011-12

Bench: Shri N.K. Billaiya & Shri Anubhav Sharma

For Appellant: Dr. Rakesh Gupta, AdvFor Respondent: Shri Rajendra Jha, Sr. DR
Section 142Section 144Section 147Section 148Section 151(1)

148. 19. In the present case, as is noted above, the Assessing Officer was satisfied with the justifications given by the assessee regarding the items, viz., club fees, gifts and presents and provision for leave encashment, but, however, during the assessment proceedings, he found the deduction under sections 80HH and 80-I as claimed by the assessee

ACIT, CENTRAL CIRCLE-19, NEW DELHI vs. M/S K.R. PULP & PAPERS LTD,, NEW DELHI

In the result, the appeal of the Revenue is

ITA 5064/DEL/2017[2009-10]Status: DisposedITAT Delhi31 Mar 2022AY 2009-10

Bench: Shri R.K. Panda & Shri N.K. Choudhry

For Appellant: Ms. Monika Aggarwal, AdvocateFor Respondent: Smt. Sunita Singh, CIT-DR
Section 132Section 143(3)Section 147Section 80I

disallowance of Rs.3,88,42,025/- by rejecting the claim of deduction under section 80IA made by the assessee. 2.1. The Assessee challenged the order of the Ld. CIT(A) who allowed the claim of deduction under section 80IA. On appeal by the Revenue the Tribunal vide ITA.No.1920/Del./2013 order dated 13.01.2016 dismissed the appeal filed by the Revenue

CHARBUJA MARMO (INDIA) PVT. LTD.,DELHI vs. PR.CIT- 2 , NEW DELHI

In the result, appeal of Assessee allowed

ITA 4749/DEL/2019[2010-11]Status: DisposedITAT Delhi31 Dec 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri B.R.R. Kumar

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT-DR
Section 143(1)Section 147Section 148Section 151Section 263

148.” Similarly, the PCIT, while giving approval has also simply mentioned: “I am satisfied that it is a fit case for issue of notice u/s 148 of the IT Act.” From the above, it is clear that none of the supervisory authorities have applied their mind. I find, the Hon'ble Delhi High Court in the case

DCIT,C-11(1), NEW DELHI vs. HERO MOTOCORP LTD.,, NEW DELHI

Appeal of the Revenue is dismissed

ITA 1982/DEL/2019[2014-15]Status: DisposedITAT Delhi03 Feb 2023AY 2014-15

Bench: Shri Narendra Kumar Billaiya & Shri Kul Bharat

Section 14ASection 2(22)(e)Section 40Section 40a

148 TTJ 73 (Mum.)] 13 In view thereof, it is submitted that the provision for increase in price of material being an ascertained liability made on an actual and scientific basis for the reasons submitted above would also be allowable while computing book profits under section 115JB of the Act. The Hon’ble Tribunal in appeal

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

ITA 2935/DEL/2023[2014-15]Status: DisposedITAT Delhi30 Aug 2024AY 2014-15

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms. Amisha Gupt, CIT DR
Section 127Section 143(2)Section 153ASection 153CSection 153DSection 69C

148 TTJ 517 (Hyd) Smt. K.V. Lakshmi Savitri Devi vs. ACIT xi) ITA No. 208 of 2011 dated 12.09.2012 Commissioner of Income Tax vs. M/s Khosla Ice & General Mills xii) ITA No. 507/2009 dated 27.04.2010 CIT vs. Samrat Builders xiii) 52 TTJ 533 (Ahd) ACIT vs. Prabhat Oil Mills xiv) 63 ITD 203 (TM) (Mad) ITO vs. M. A. Chidambaram

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

ITA 2937/DEL/2023[2016-17]Status: DisposedITAT Delhi30 Aug 2024AY 2016-17

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms. Amisha Gupt, CIT DR
Section 127Section 143(2)Section 153ASection 153CSection 153DSection 69C

148 TTJ 517 (Hyd) Smt. K.V. Lakshmi Savitri Devi vs. ACIT xi) ITA No. 208 of 2011 dated 12.09.2012 Commissioner of Income Tax vs. M/s Khosla Ice & General Mills xii) ITA No. 507/2009 dated 27.04.2010 CIT vs. Samrat Builders xiii) 52 TTJ 533 (Ahd) ACIT vs. Prabhat Oil Mills xiv) 63 ITD 203 (TM) (Mad) ITO vs. M. A. Chidambaram

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

ITA 2936/DEL/2023[2015-16]Status: DisposedITAT Delhi30 Aug 2024AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms. Amisha Gupt, CIT DR
Section 127Section 143(2)Section 153ASection 153CSection 153DSection 69C

148 TTJ 517 (Hyd) Smt. K.V. Lakshmi Savitri Devi vs. ACIT xi) ITA No. 208 of 2011 dated 12.09.2012 Commissioner of Income Tax vs. M/s Khosla Ice & General Mills xii) ITA No. 507/2009 dated 27.04.2010 CIT vs. Samrat Builders xiii) 52 TTJ 533 (Ahd) ACIT vs. Prabhat Oil Mills xiv) 63 ITD 203 (TM) (Mad) ITO vs. M. A. Chidambaram

ANIL CHAUDHARY,NEW DELHI vs. ACIT CENTRAL CIRCLE-17, NEW DELHI

In the result, appeals filed by the assessee are allowed

ITA 2938/DEL/2023[2017-18]Status: DisposedITAT Delhi30 Aug 2024AY 2017-18

Bench: Shri S.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Gautam Jain, AdvocateFor Respondent: Ms. Amisha Gupt, CIT DR
Section 127Section 143(2)Section 153ASection 153CSection 153DSection 69C

148 TTJ 517 (Hyd) Smt. K.V. Lakshmi Savitri Devi vs. ACIT xi) ITA No. 208 of 2011 dated 12.09.2012 Commissioner of Income Tax vs. M/s Khosla Ice & General Mills xii) ITA No. 507/2009 dated 27.04.2010 CIT vs. Samrat Builders xiii) 52 TTJ 533 (Ahd) ACIT vs. Prabhat Oil Mills xiv) 63 ITD 203 (TM) (Mad) ITO vs. M. A. Chidambaram

PR. COMMISSIONER OF INCOME TAX-1, DELHI vs. M/S DART INFRABUILD (P) LTD.

ITA/10/2022HC Delhi17 Nov 2023

Bench: HON'BLE MR. JUSTICE RAJIV SHAKDHER,HON'BLE MR. JUSTICE GIRISH KATHPALIA

Section 142(1)Section 143(1)Section 143(2)Section 146Section 147Section 148

148 of the Act, it was not obliged to issue a notice under Section 143(2) of the Act before passing the assessment order. 9. On merits, the record reveals that the AO has made an addition under Section 68 and disallowance

ACIT, CENTRAL CRCLE-18, NEW DELHI vs. SHIMMER DEVELOPERS P.LTD, NEW DELHI

In the result, appeal of the Revenue is dismissed

ITA 1497/DEL/2018[2011-12]Status: DisposedITAT Delhi21 Oct 2024AY 2011-12

Bench: Pradip Kumar Kedia & Shri Anubhav Sharma

Section 132Section 143(3)Section 147Section 150Section 68

Section 147 and 148 of the Act. ” 6.3.4 Similar issue was before Hon'ble Delhi High Court in the case of Pr. CIT VS Tupperware India (P) Ltd., reported as 236 Taxman 494 (Delhi), date of order 10.08.2015. It has been held in paras 5 till 9, as follows: *5. Apparently, the Assessee did raise an objection to the order