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20 results for “depreciation”+ Section 35(2)(iv)clear

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Key Topics

Section 153C29Addition to Income19Section 25017Disallowance16Depreciation14Section 143(3)9Section 689Section 40A(3)9Section 369Section 147

INCOME TAX OFFICER, WARD-3(1), GUWAHATI vs. M/S.ASSAM CARBON PRODUCTS LIMITED, GUWAHATI

In the result, the revenue’s appeal for the AY 2014-15 is dismissed and that of assessee’s appeal for the AY 2012-13 is allowed

ITA 211/GTY/2019[2014-15]Status: DisposedITAT Guwahati30 Nov 2022AY 2014-15
Section 143(2)Section 250Section 43A

depreciation [Sections 32 and 43(1), and also as regards capital assets for scientific research [Section 35{1}{iv}} and also regarding patent rights or copyrights [Section 35A]. 31. As held in Arvind Mills case (supra) increase or decrease in liability in the repayment of foreign loan should be taken into account to modify the figure of actual cost

M/S. ASSAM CARBON PRODUCTS LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, the revenue’s appeal for the AY 2014-15 is dismissed and that of assessee’s appeal for the AY 2012-13 is allowed

6
Section 44A5
Reassessment2
ITA 463/GTY/2019[2012-13]Status: Disposed
ITAT Guwahati
30 Nov 2022
AY 2012-13
Section 143(2)Section 250Section 43A

depreciation [Sections 32 and 43(1), and also as regards capital assets for scientific research [Section 35{1}{iv}} and also regarding patent rights or copyrights [Section 35A]. 31. As held in Arvind Mills case (supra) increase or decrease in liability in the repayment of foreign loan should be taken into account to modify the figure of actual cost

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 114/GTY/2024[2017-18]Status: DisposedITAT Guwahati29 May 2025AY 2017-18

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 112/GTY/2024[2015-16]Status: DisposedITAT Guwahati29 May 2025AY 2015-16

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 117/GTY/2024[2020-21]Status: DisposedITAT Guwahati29 May 2025AY 2020-21

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 116/GTY/2024[2019-20]Status: DisposedITAT Guwahati29 May 2025AY 2019-20

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 115/GTY/2024[2018-19]Status: DisposedITAT Guwahati29 May 2025AY 2018-19

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 113/GTY/2024[2017-18]Status: DisposedITAT Guwahati29 May 2025AY 2017-18

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 118/GTY/2024[2021-22]Status: DisposedITAT Guwahati29 May 2025AY 2021-22

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 110/GTY/2024[2014-15]Status: DisposedITAT Guwahati29 May 2025AY 2014-15

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 111/GTY/2024[2016-17]Status: DisposedITAT Guwahati29 May 2025AY 2016-17

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

35,700/- should not be taxed in your hand under section 56(2)(X) of IT Act. Ans: That the property purchased by Greenwood Resorts Pvt Ltd on the value mentioned in sale deeds. The reason for purchase of property at value lesser that stamp value is that the resort was under heavy financial crunch and the properties were attached

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

ITA 1/GTY/2023[2013-14]Status: HeardITAT Guwahati03 Apr 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

For Appellant: (1) That on the facts and in the circumstances of the case
Section 143(3)Section 147Section 148Section 153Section 153C

2.—For the purposes of the fourth proviso, "asset" shall include immovable property being land or building or both, shares and securities, loans and advances, deposits in bank account. 13. A perusal of this section would indicate that where a search has been conducted under section 132 of the Income Tax Act upon the assessee, then the assessment

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee is allowed, whereas the appeal of the Revenue is dismissed

ITA 40/GTY/2022[2013-14]Status: HeardITAT Guwahati03 Apr 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

For Appellant: (1) That on the facts and in the circumstances of the case
Section 143(3)Section 147Section 148Section 153Section 153C

2.—For the purposes of the fourth proviso, "asset" shall include immovable property being land or building or both, shares and securities, loans and advances, deposits in bank account. 13. A perusal of this section would indicate that where a search has been conducted under section 132 of the Income Tax Act upon the assessee, then the assessment

PLASCOM INDUSTRIES LLP,KOLKATA vs. THE INCOME TAX OFFICER, WARD-1(3), GUWAHATI

In the result, appeal of the assessee is allowed

ITA 280/GTY/2025[2023-24]Status: DisposedITAT Guwahati02 Mar 2026AY 2023-24

Bench: SHRI GEORGE MATHAN, JUDICIAL MEMBER SHRI LAXMI PRASAD SAHU (Accountant Member)

For Appellant: S.M. Surana, AdvocateFor Respondent: Sanjay Jha, JCIT
Section 133(6)Section 142(1)Section 250Section 801ESection 801E(3)Section 801E(4)Section 801E(5)Section 801E(6)Section 80I

35,087/- should not be rejected and brought to tax. Please ensure that your reply should be presented systematically and with supporting documentary evidence b) The assessee has submitted statement of purchase and sale of goods to related parties in given format. However, the assessee has not submitted any justification to show that said transactions are comparable with similar transactions

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 2/GTY/2023[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

depreciation amounting to Rs. 3,23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 37/GTY/2022[2017-18]Status: HeardITAT Guwahati05 Apr 2023AY 2017-18

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

depreciation amounting to Rs. 3,23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 38/GTY/2022[2018-19]Status: HeardITAT Guwahati05 Apr 2023AY 2018-19

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

depreciation amounting to Rs. 3,23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI vs. ABCI INFRASTRUCTURES PRIVATE LIMITED, KOLKATA

In the result, the appeal of the assessee for Assessment Year

ITA 39/GTY/2022[2019-20]Status: HeardITAT Guwahati05 Apr 2023AY 2019-20

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

depreciation amounting to Rs. 3,23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated

ABCI INFRASTRUCTURES PRIVATE LIMITED,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, GUWAHATI

In the result, the appeal of the assessee for Assessment Year

ITA 43/GTY/2022[2014-15]Status: HeardITAT Guwahati05 Apr 2023AY 2014-15

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 143(3)Section 250Section 44A

depreciation amounting to Rs. 3,23,72,494/- Deduction amounting to Rs. 78,01,892/- Disallowance u/s 14A Rs. 3,05,471/- 7. Being aggrieved, both the assessee and the revenue are now in appeal before the Tribunal. Ld. Counsel for the assessee referred to the detailed written submission and placed reliance on judgment’s mentioned therein and also stated

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, DIBRUGARH vs. GREENPLY INDUSTRIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 140/GTY/2024[2013-14]Status: DisposedITAT Guwahati15 Dec 2025AY 2013-14

Bench: Shri Rajesh Kumar, Am & Shrimanomohan Das, Jm Greenply Industries Ltd Acit, Circle-1 Madgul Lounge, 5 Th Floor, 23 Aaykar Bhawan, Milan Nagar, Chetiacental Road, Kolkata- Vs. Dibrugarh-786001, Assam 700027, West Bengal (Appellant) (Respondent) Pan No. Aaacg7284R Assessee By : Shri Ashok Tulsyan, Ar Revenue By : Shri Sanjay Jha, Dr Date Of Hearing: 02.12.2025 Date Of Pronouncement: 15.12.2025

For Appellant: Shri Ashok Tulsyan, ARFor Respondent: Shri Sanjay Jha, DR
Section 115J

2 raised by the assessee is allowed." 32. Dr. Saraf, learned senior counsel for the sole respondent, in this connection, has relied upon the decision of the High Court of Judicature of Bombay in the case of Commissioner of Income Tax-IV v. Harinagar Sugar Mills Ltd. [order, dated 04.01.2017, in Income Tax Appeal No. 1132/2014]. The High Court