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944 results for “disallowance”+ Section 253(5)clear

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Key Topics

Addition to Income56Disallowance40Section 143(3)30Section 115J30Section 14A28Deduction22Section 271(1)(c)18Section 14717Section 153A17Section 43B

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

ITA 2478/DEL/2011[2005-06]Status: DisposedITAT Delhi15 Apr 2026AY 2005-06

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 14ASection 40

5% of miscellaneous expenses I. (fuel, telephone, etc., totaling Rs. 22,09,749) on the ground that company vehicles and telephones may be partly for personal use of directors/officers. Revenue's Arguments-Proposition A: Corporate Personality Does Not II. Immunize Personal-Use Disallowance The assessee and CIT(A) argued: "The assessee is a company (artificial juridical person) and therefore cannot

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

Showing 1–20 of 944 · Page 1 of 48

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17
Section 14316
Depreciation12
ITA 2480/DEL/2011[2007-08]Status: DisposedITAT Delhi15 Apr 2026AY 2007-08

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 14ASection 40

5% of miscellaneous expenses I. (fuel, telephone, etc., totaling Rs. 22,09,749) on the ground that company vehicles and telephones may be partly for personal use of directors/officers. Revenue's Arguments-Proposition A: Corporate Personality Does Not II. Immunize Personal-Use Disallowance The assessee and CIT(A) argued: "The assessee is a company (artificial juridical person) and therefore cannot

DCIT, NEW DELHI vs. M/S SAHARA INDIA MASS COMMUNICATION LTD., MUMBAI

In the result, appeals filed by the Revenue are partly allowed

ITA 2479/DEL/2011[2006-07]Status: DisposedITAT Delhi15 Apr 2026AY 2006-07

Bench: Shri S. Rifaur Rahman & Shri Vimal Kumar

For Appellant: Shri Rohit Jain, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 14ASection 40

5% of miscellaneous expenses I. (fuel, telephone, etc., totaling Rs. 22,09,749) on the ground that company vehicles and telephones may be partly for personal use of directors/officers. Revenue's Arguments-Proposition A: Corporate Personality Does Not II. Immunize Personal-Use Disallowance The assessee and CIT(A) argued: "The assessee is a company (artificial juridical person) and therefore cannot

RELIGARE FINVEST LTD,NEW DELHI vs. ADDL.CIY, RANGE-21, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

ITA 1947/DEL/2018[2007-08]Status: DisposedITAT Delhi24 Aug 2020AY 2007-08

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

Section 143(2)Section 143(3)Section 14A

5% of 7,425,241.12 Average Investment) TOTAL DISALLOWANCE U/S 119,519,888.60 14A 10.4 Before the Ld. CIT(A), the assessee filed a revised computation for disallowance of ₹ 2,77,57,100/-under section 14A of the Act read with rule 8D as under: Particulars Amount(Rs.) i) Amount of expenditure directly relating to 578,392 income which does

ACIT, CIRCLE- 21(1), NEW DELHI vs. RELIGARE FINVEST LTD., NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

ITA 2364/DEL/2018[2007-08]Status: DisposedITAT Delhi24 Aug 2020AY 2007-08

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

Section 143(2)Section 143(3)Section 14A

5% of 7,425,241.12 Average Investment) TOTAL DISALLOWANCE U/S 119,519,888.60 14A 10.4 Before the Ld. CIT(A), the assessee filed a revised computation for disallowance of ₹ 2,77,57,100/-under section 14A of the Act read with rule 8D as under: Particulars Amount(Rs.) i) Amount of expenditure directly relating to 578,392 income which does

ACIT,, NEW DELHI vs. M/S RELIGARE FINVEST LTD.,, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

ITA 5872/DEL/2016[2009-10]Status: DisposedITAT Delhi24 Aug 2020AY 2009-10

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

Section 143(2)Section 143(3)Section 14A

5% of 7,425,241.12 Average Investment) TOTAL DISALLOWANCE U/S 119,519,888.60 14A 10.4 Before the Ld. CIT(A), the assessee filed a revised computation for disallowance of ₹ 2,77,57,100/-under section 14A of the Act read with rule 8D as under: Particulars Amount(Rs.) i) Amount of expenditure directly relating to 578,392 income which does

M/S RELIGARE FINVEST LTD.,,NEW DELHI vs. DCIT, NEW DELHI

In the result, for assessment year 2007-08 the appeal of the assessee as well as Revenue are dismissed

ITA 6474/DEL/2016[2009-10]Status: DisposedITAT Delhi24 Aug 2020AY 2009-10

Bench: Shri O.P. Kant & Shri Kuldip Singh, Judicialmember

Section 143(2)Section 143(3)Section 14A

5% of 7,425,241.12 Average Investment) TOTAL DISALLOWANCE U/S 119,519,888.60 14A 10.4 Before the Ld. CIT(A), the assessee filed a revised computation for disallowance of ₹ 2,77,57,100/-under section 14A of the Act read with rule 8D as under: Particulars Amount(Rs.) i) Amount of expenditure directly relating to 578,392 income which does

M/S. BOUTIQUE HOTELS INDIA (P) LTD.,NEW DELHI vs. ACIT, NEW DELHI

In the result, appeal of the assessee is dismissed

ITA 7042/DEL/2014[2009-10]Status: DisposedITAT Delhi31 Oct 2019AY 2009-10

Bench: Shri H.S. Sidhu & Shri Anadee Nath Misshra

For Appellant: Shri Neel Kanth Khandelwal, AdvFor Respondent: Shri Sanjog Kapoor, Sr. DR
Section 253(3)Section 80I

disallowance of netting off of interest of Rs. 19,39,562/-. 4. That the impugned appellate order is arbitrary, illegal, bad in law and in violation of rudimentary principles of contemporary jurisprudence. 5. That the Appellant craves leave to add/alter any /all grounds of appeal before or at the time of hearing of the Appeal.” (B) Admittedly, this appeal

HERO MOTOCORP LIMITED,NEW DELHI vs. JCIT, NEW DELHI

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

disallowed on the ground of the same being contingent in nature. He further submitted that similar provision for increase in prices as at the end of the year was accepted and allowed in Hero MotoCorp Limited Vs. JCIT & DCIT Vs. Hero MotoCorp Ltd. ITA Nos. 1545/Del/2015 and 2424/Del/2015 (AY 2010-11) ITA No. 1609/Del/2016 and 914/Del/2016 (AY 2011-12) Page

M/S. BECHTEL INDIA PVT. LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

ITA 882/DEL/2014[2009-10]Status: DisposedITAT Delhi14 Oct 2015AY 2009-10

Bench: Shri S.V. Mehrotra & Shri Chandra Mohan Garg

For Appellant: S/Shri S.D. Kalipa, R.R.Maurya, Praveen SharmaFor Respondent: S/Shri Ravi Jain, CIT DR, Subhakant Sahoo, Sr. DR
Section 119Section 143(3)Section 144CSection 144C(5)Section 234BSection 271(1)(c)Section 92

5 to 5.4 33. On the issue of Mark to Market losses, the ld. counsel reiterating its written submissions dated 17.6.2015 pointed out that the assessee claimed mark 34 Asstt.Year: 2009-10 to market losses of Rs.21.80 crore on foreign exchange forward contracts as on 31.3.09 which was wrongly disallowed. Ld. Counsel of the assessee further pointed out that

GE CAPITAL SERVICES INDIA,NEW DELHI vs. DCIT, NEW DELHI

In the result, appeal filed by the learned assessing officer is dismissed

ITA 479/DEL/2011[2007-08]Status: DisposedITAT Delhi18 Feb 2020AY 2007-08

Bench: Shri Prashant Maharishia N D Shri K. Narasimha Chary

For Appellant: Shri Rohit Garg, AdvFor Respondent: Ms. Sushma Singh, [CIT] – DR
Section 143(3)Section 14ASection 45J

5. That on the facts and in the circumstances of the case, the learned CIT(A) has erred in not adjudicating on the appellant’s claim, amounting to Rs. 18,79,669/-, for consequential depreciation on software expenses capitalized in earlier years and referring back the matter to the Assessing officer for verification.” 77. Ground number one of the appeal

FRESENIUS KABI ONCOLOGY LTD,NEW DELHI vs. ITO, WARD-9(3), NEW DELHI

In the result appeal of the assessee is allowed

ITA 605/DEL/2020[2015-16]Status: DisposedITAT Delhi31 Jul 2025AY 2015-16

Bench: Shri Prakash Chand Yadav & Shri Manish Agarwalfresenius Kabi Oncology Ltd. Income Tax Officer, B-310, Som Dutt Chamber, Ward-9(3), Bhikaji Cama Place, Vs. New Delhi. New Delhi-110066. Pan-Aabcd7720L (Appellant) (Respondent)

Section 143(3)Section 144CSection 92C

disallowing Rs.8,97,377 on the ground that capital investment subsidy received by the Appellant from the State Government was towards cost of plant and machinery, thereby, reducing the Written Down Value of plant and machinery and consequently, depreciation claimed thereon. 6.1 That the AO erred on facts and in law in not appreciating that subsidy received from the State

DCIT, NEW DELHI vs. M/S. GUJARAT GUARDIAN LTD., NEW DELHI

In the result, appeal filed by the revenue against the direction of the Ld

ITA 1106/DEL/2015[2010-11]Status: DisposedITAT Delhi16 Aug 2018AY 2010-11

Bench: Shri S.K.Yadav & Shri Prashant Maharishim/S. Guajarat Guardian Ltd, Vs. Dcit, 4-7/C, Dda Shopping Centre, Circle-12(1), (Now Circle- New Friends Colony, 10(2), New Delhi Cr Building, Ip Estate, Pan: Aaacg1622K New Delhi (Appellant) (Respondent) Dcit, Vs. M/S. Guajarat Guardian Ltd, Circle-12(1), (Now Circle-10(2), 4-7/C, Dda Shopping Cr Building, Ip Estate, Centre, New Delhi New Friends Colony, New Delhi Pan: Aaacg1622K (Appellant) (Respondent)

For Appellant: Shri Neeraj Jain, AdvFor Respondent: Smt Meeta Singh CIT DR
Section 144Section 144CSection 14A

disallowed the same treating the same as capital expenditure. The Ld. DRP also held that entire amount of Rs. 5 853 5098 to be capital in nature and observed that the appellant had claimed depreciation at the rate of 15% amounting to Rs. 81,94,914/– on the said expenditure. The Ld. DRP did not noticed that assessee had bifurcated

JINDAL STEEL & POWER LTD.,NEW DELHI vs. ACIT, HISAR

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

ITA 893/DEL/2014[2009-10]Status: DisposedITAT Delhi29 Apr 2019AY 2009-10

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 893/Del/2014 : Asstt. Year : 2009-10 Jindal Steel & Power Ltd., Vs Asstt. Commissioner Of Jindal Centre, 12, Bhikaji Cama Income Tax, Hisar Circle, Place, New Delhi-110066 Hisar (Appellant) (Respondent) Pan No. Aaacj7079D Assessee By : Sh. Salil Kapoor, Adv., Sh. Sumit Lal Chandani, Adv., Ms. Ananya Kapoor, Adv. & Ms. Pallavi Saigal, Adv. Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing :05.03.2019 Date Of Pronouncement : 29.04.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer U/S 143(3)/144C(13) Of The Income Tax Act, 1961 Dated 29.10.2018 For Assessment Years 2013-14

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)Section 144CSection 80Section 80I

Section 14A of the Act r.w.r. 8D of the Income-tax Rules, 1962. 71. Further, the Assessing Officer observed that the assessee has made investment in shares and has earned dividend income of Rs.90.14 crore which is exempt. The assessee has not given any basis as to suo moto disallowance of Rs.2,65,715/- made by the assessee

DCIT, NEW DELHI vs. M/S. MARUTI SUZUKI INDIA LTD., NEW DELHI

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

ITA 1507/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Feb 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

Section 143(3)Section 144CSection 144C(5)Section 43Section 43B

disallowance made by the assessee u/s 43B of the Act was denied by the AO. The AO computed the disallowance out of R&D cess amounting to Rs.33.89 crores. Ld. Counsel for the assessee submitted that at the outset, it may be noted that as per the provision of Land Research and Development, cess is imposed on import of technology

MARUTI SUZUKI INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI

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

ITA 961/DEL/2015[2010-11]Status: DisposedITAT Delhi09 Feb 2023AY 2010-11

Bench: Shri Shamim Yahya & Shri Kul Bharat[Assessment Year : 2010-11] Maruti Suzuki India Ltd., Vs Dcit, Plot No.1, Nelson Mandela Road, Circle-16(1), Vasant Kunj, New Delhi-110070. New Delhi. Pan-Aaacm0829Q Appellant Respondent [Assessment Year : 2010-11] Dcit, Vs Maruti Suzuki India Ltd., Circle-16(1), Plot No.1, Nelson Mandela Road, New Delhi. Vasant Kunj, New Delhi-110070. Pan-Aaacm0829Q Appellant Respondent Appellant By Shri Ajay Vohra, Sr.Adv., Shri Neeraj Jain, Adv. & Ms. Tejasvi Jain & Ms. Somya Jain, Ca Respondent By Shri G.C.Srivastava, Adv., Shri Kalrav Mehrotra, Adv. & Shri Mayank Patawari, Ca Date Of Hearing 11.11.2022 Date Of Pronouncement 09.02.2023

Section 143(3)Section 144CSection 144C(5)Section 43Section 43B

disallowance made by the assessee u/s 43B of the Act was denied by the AO. The AO computed the disallowance out of R&D cess amounting to Rs.33.89 crores. Ld. Counsel for the assessee submitted that at the outset, it may be noted that as per the provision of Land Research and Development, cess is imposed on import of technology

VIKAS GLOBALONE LTD.,NEW DELHI vs. DCIT, CIRCLE- 26(2), NEW DELHI

In the result, appeal of Assessee is partly allowed

ITA 2498/DEL/2018[2012-13]Status: DisposedITAT Delhi08 Mar 2019AY 2012-13

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

For Appellant: Shri Piyush KamalFor Respondent: Shri S.S. Rana, CIT-D.R
Section 115JSection 37Section 80I

disallowed the same under section 37 of the Income Tax Act, 1961 and made the addition of Rs.7,55,414/-. 5. The addition was challenged before the Ld. CIT(A) and assessee explained that all the details along with vouchers were produced before assessing officer, which have been examined by the A.O. but treated the same as capital expenditure instead

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

ITA 4662/DEL/2014[2005-06]Status: DisposedITAT Delhi04 Apr 2019AY 2005-06

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

Section 154Section 271Section 271(1)(c)Section 35Section 36

5. The expression 'concealment of income' implies that an income is being hidden, camouflaged or covered up so as it cannot be seen, found, observed or discovered. The expression 'furnishing of inaccurate particulars of income' implies furnishing of details or information about income which are not in conformity with the facts or truth, it does not extend to subjective areas

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

ITA 4664/DEL/2014[2007-08]Status: DisposedITAT Delhi04 Apr 2019AY 2007-08

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

Section 154Section 271Section 271(1)(c)Section 35Section 36

5. The expression 'concealment of income' implies that an income is being hidden, camouflaged or covered up so as it cannot be seen, found, observed or discovered. The expression 'furnishing of inaccurate particulars of income' implies furnishing of details or information about income which are not in conformity with the facts or truth, it does not extend to subjective areas

M/S. OIL INDUSTRY DEVELOPMENT BOARD,NEW DELHI vs. DCIT, NEW DELHI

In the result, all the three appeals filed by the assessee are allowed

ITA 4663/DEL/2014[2006-07]Status: DisposedITAT Delhi04 Apr 2019AY 2006-07

Bench: Shri Bhavnesh Saini & Shri O.P. Kant

Section 154Section 271Section 271(1)(c)Section 35Section 36

5. The expression 'concealment of income' implies that an income is being hidden, camouflaged or covered up so as it cannot be seen, found, observed or discovered. The expression 'furnishing of inaccurate particulars of income' implies furnishing of details or information about income which are not in conformity with the facts or truth, it does not extend to subjective areas