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192 results for “disallowance”+ Section 10(3)clear

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Key Topics

Addition to Income73Section 25068Section 143(3)51Disallowance48Section 80I36Section 4030Section 143(2)29Section 153A28Deduction27Section 68

JYOTI PRAKASH DAS,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 102/GTY/2020[2017-18]Status: DisposedITAT Guwahati31 Aug 2023AY 2017-18

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Jyoti Prakash Das Dcit, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. Pan: Ajipd 5193 Q (Appellant) (Respondent) Present For: Appellant By : Shri Ramesh Goenka, Advocate Respondent By : Shri Arun Bhowmick, Jcit Date Of Hearing : 31.08.2023 Date Of Pronouncement : 31.08.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.02.2020 Of Ld. Cit(A), Guwahati-2 Passed U/S 250 Of The Income Tax Act [Hereinafter Referred To As The ‘Act’]. The Assessee Has Raised The Following Grounds Of Appeal: “1(A). That Neither The Learned Assessing Officer Was Justified In Making Disallowance Of Rs. 1,43,73,603/- On Account Of Proportionate Direct Expenses & Adding The Same In The Closing Stock Of The Appellant Nor The Learned Cit(A) Was Justified In Confirming The Aforesaid Disallowance/Addition.

For Appellant: Shri Ramesh Goenka, AdvocateFor Respondent: Shri Arun Bhowmick, JCIT
Section 143(2)Section 250Section 40A(3)Section 69C

Showing 1–20 of 192 · Page 1 of 10

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25
Section 36(1)(va)23
TDS13

10 Jyoti Prakash Das A.Y. 2017-18 Officer nor the CIT(Appeal) has disbelieved the genuineness of the transaction. There was no dispute that the purchases were genuine.” Anupam Tete Services vs ITO in (2014) 43 Taxmann.com 199 (Guj): "Section 40A( 3) of the Income-tax Act, 1961, read with rule 6DD of the Income-tax Rules, 1962 - Business disallowance

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

section 147/143(3) was completed on 18/12/2017 determining the assessed income of the assessee company at Rs.21,92,45,159/- after disallowing of Rs.71,40,599/- Excess Depreciation claimed by the assessee for the relevant assessment year. 2. The DDIT (Inv), Unit-1 (2), Guwahati has informed that during the course of search and seizure operations conducted at the Registered

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

section 147/143(3) was completed on 18/12/2017 determining the assessed income of the assessee company at Rs.21,92,45,159/- after disallowing of Rs.71,40,599/- Excess Depreciation claimed by the assessee for the relevant assessment year. 2. The DDIT (Inv), Unit-1 (2), Guwahati has informed that during the course of search and seizure operations conducted at the Registered

INCOME TAX OFFICER WARD-4(2), GUWAHATI vs. M/S. KISHLAY FOOD (P) LTD, GUWAHATI

In the result, the appeal is allowed

ITA 232/GTY/2018[2010-11]Status: DisposedITAT Guwahati13 Dec 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L.Sainiassessment Year :2011-12

Section 143(3)Section 14ASection 250(6)Section 43BSection 80Section 80ISection 80l

disallowance under section 40(a)(ia) of the Act would qualify for deduction under section 80-IB of the Act. This view was taken by the courts in the following cases: • income-tax Officer - Ward 5(1) vs. Keval Construction, Tax Appeal No. 443 of 2012, December 10, 2012, Gujarat High Court. • Commissioner of Income-tax-IV, Nagpur vs. Sunil

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

ITA 89/GTY/2016[2010-11]Status: DisposedITAT Guwahati13 Sept 2019AY 2010-11

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

ITA 8/GTY/2014[2010-11]Status: DisposedITAT Guwahati13 Sept 2019AY 2010-11

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

ITA 97/GTY/2016[2011-12]Status: DisposedITAT Guwahati13 Sept 2019AY 2011-12

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

ITA 98/GTY/2016[2012-13]Status: DisposedITAT Guwahati13 Sept 2019AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

ITA 278/GTY/2018[2015-16]Status: DisposedITAT Guwahati13 Sept 2019AY 2015-16

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 03, GUWAHATI vs. NUMALIGARH REFINERY LIMITED, GUWAHATI

In the result, appeals of the assessee in I

ITA 28/GTY/2017[2013-14]Status: DisposedITAT Guwahati13 Sept 2019AY 2013-14

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

ITA 90/GTY/2016[2012-13]Status: DisposedITAT Guwahati13 Sept 2019AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

NUMALIGARH REFINERY LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 03, GUWAHATI

In the result, appeals of the assessee in I

ITA 27/GTY/2017[2013-14]Status: DisposedITAT Guwahati13 Sept 2019AY 2013-14

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

ITA 5/GTY/2014[2007-08]Status: DisposedITAT Guwahati13 Sept 2019AY 2007-08

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

M/S. NUMALIGARH REFINERY LTD.,GUWAHATI vs. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, appeals of the assessee in I

ITA 7/GTY/2014[2009-10]Status: DisposedITAT Guwahati13 Sept 2019AY 2009-10

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR
Section 80

10). Disallowance of claims of deduction of 'Prior period Depreciation'. Ground and Assessment Year Amount Ground.No.(5)for the Assessment Year 2009-10, Rs.2,58,27,259/- AndRs.22,83,310/- Numaligarh Refinery Limited (11). Disallowance of claim of deduction for “Provision for Allowance for Non- Management Staff'” Ground and Assessment Year Amount Ground No.(3) for the Assessment Year

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

10% on Rs.17,49,055 is disallowed. Penalty proceedings u/s 270A of the Income tax Act, 1961 for under reporting income/ misreporting income is being initiated separately. [(i) Depreciation disallowed Rs.1,74,905/- & (ii) Addition Rs.17,49,055/-] 3.2 On verification of audited Audit accounts, it is seen that the assessee debited Rs.41,000/- as sundry subscription. In response

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

10% on Rs.17,49,055 is disallowed. Penalty proceedings u/s 270A of the Income tax Act, 1961 for under reporting income/ misreporting income is being initiated separately. [(i) Depreciation disallowed Rs.1,74,905/- & (ii) Addition Rs.17,49,055/-] 3.2 On verification of audited Audit accounts, it is seen that the assessee debited Rs.41,000/- as sundry subscription. In response

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

10% on Rs.17,49,055 is disallowed. Penalty proceedings u/s 270A of the Income tax Act, 1961 for under reporting income/ misreporting income is being initiated separately. [(i) Depreciation disallowed Rs.1,74,905/- & (ii) Addition Rs.17,49,055/-] 3.2 On verification of audited Audit accounts, it is seen that the assessee debited Rs.41,000/- as sundry subscription. In response

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

10% on Rs.17,49,055 is disallowed. Penalty proceedings u/s 270A of the Income tax Act, 1961 for under reporting income/ misreporting income is being initiated separately. [(i) Depreciation disallowed Rs.1,74,905/- & (ii) Addition Rs.17,49,055/-] 3.2 On verification of audited Audit accounts, it is seen that the assessee debited Rs.41,000/- as sundry subscription. In response

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

10% on Rs.17,49,055 is disallowed. Penalty proceedings u/s 270A of the Income tax Act, 1961 for under reporting income/ misreporting income is being initiated separately. [(i) Depreciation disallowed Rs.1,74,905/- & (ii) Addition Rs.17,49,055/-] 3.2 On verification of audited Audit accounts, it is seen that the assessee debited Rs.41,000/- as sundry subscription. In response

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

10% on Rs.17,49,055 is disallowed. Penalty proceedings u/s 270A of the Income tax Act, 1961 for under reporting income/ misreporting income is being initiated separately. [(i) Depreciation disallowed Rs.1,74,905/- & (ii) Addition Rs.17,49,055/-] 3.2 On verification of audited Audit accounts, it is seen that the assessee debited Rs.41,000/- as sundry subscription. In response