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45 results for “disallowance”+ Section 131(1)clear

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Key Topics

Section 6849Section 14830Addition to Income29Section 25020Section 153A18Disallowance13Section 143(3)12Reassessment9Section 153C8Deduction

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. MEENAKSHI BAMALWA SONI, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 58/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. RAVI BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 62/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

Showing 1–20 of 45 · Page 1 of 3

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Section 143(2)7
Section 1477

D.C.I.T., CIRCLE-1, DIBRUGARH vs. MADAN LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 63/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. SHEETAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 64/GTY/2023[2013-14]Status: DisposedITAT Guwahati01 Sept 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. BHAGWATI DEVII BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 59/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINAY BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 61/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. VINOD BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 66/GTY/2023[2013-14]Status: DisposedITAT Guwahati01 Sept 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. PRAMOD KUMAR BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 65/GTY/2023[2013-14]Status: DisposedITAT Guwahati01 Sept 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 54/GTY/2023[2015-16]Status: DisposedITAT Guwahati01 Sept 2023AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 51/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 55/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

DCIT, CIRCLE-1, DIBRUGARH vs. BAJRANG LAL BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 52/GTY/2023[2013-14]Status: DisposedITAT Guwahati01 Sept 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. HANS RAJ BAMALWA (HUF), DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 56/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. VISHAL BAMALWA , DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 60/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE- 1, DIBRUGARH vs. USHA BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 57/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

D.C.I.T., CIRCLE-1, DIBRUGARH vs. BACHH RAJ BAMALWA, DIBRUGARH

In the result, all the appeals of the Revenue are dismissed and that of the Cross Objections of the assessees are allowed

ITA 53/GTY/2023[2012-13]Status: DisposedITAT Guwahati01 Sept 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

131(1)(d)- read with Code of Civil Procedure 1908 to re-examine and cross examine all the family members of Nemichand Bamalwa & Sons, who have claimed such bogus long- term capital gains and concerned Directors, the entry operators, the brokers. In other words, the ld. Assessing Officer issued commission to the DDIT, Investigation for re-examination of the entry

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, DIBRUGARH, DIBRUGARH vs. SANTOSH BAMALWA, DIBRUGARH

In the result, appeal of the revenue is dismissed and the cross- objection filed by the assessee is allowed

ITA 104/GTY/2023[2012-13]Status: HeardITAT Guwahati13 Dec 2023AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 104/Gty/2023 Assessment Year: 2012-13 Assistant Commissioner Of Income Smt. Santosh Bamalwa Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) C.O. No. 34/Gty/2023 Assessment Year: 2012-13 Smt. Santosh Bamalwa Assistant Commissioner Of Income Tax, Circle-1, Dibrugarh Vs Ground Floor Mahalaya Road C/O A.K. Varma Dibrugarh - 786001 [Pan: Aedpb9900P] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Tulsiyan, Advocate Revenue By : Shri Arun Bhowmick, Jcit, D/R सुनवाई क" तारीख/Date Of Hearing : 01/11/2023 घोषणा क" तारीख /Date Of Pronouncement: 13/12/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Filed By The Revenue & The Cross-Objection Filed By The Assessee Are Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), Central, North-East Region, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 14/07/2023, Passed U/S

For Appellant: Shri S.K. Tulsiyan, AdvocateFor Respondent: Shri Arun Bhowmick, JCIT, D/R
Section 132Section 143(2)Section 153ASection 68

disallowance can be made in relation to that assessment year in exercise of powers under section 153A of the Act and the earlier assessment shall have to be reiterated. In this regard, this court is in complete agreement with the view adopted by the Rajasthan High Court in the case of Jai Steel (India), Jodhpur (supra). Besides, as rightly pointed

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

1. The assessee company submitted its return of income for the Assessment year 2013-14 on 22/09/2013 declaring total income of Rs.20,20,75,870/-. The case was selected for scrutiny through "CASS” and the assessment proceeding under section 143(3) of the Income Tax Act, 1961 was completed on 30/03/2016 determining the assessed income of the assessee company

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

1. The assessee company submitted its return of income for the Assessment year 2013-14 on 22/09/2013 declaring total income of Rs.20,20,75,870/-. The case was selected for scrutiny through "CASS” and the assessment proceeding under section 143(3) of the Income Tax Act, 1961 was completed on 30/03/2016 determining the assessed income of the assessee company

SHRI BIJAN KALITA,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 104/GTY/2019[2014-15]Status: DisposedITAT Guwahati17 Jun 2020AY 2014-15

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.104/Gau/2019 ("नधा"रणवष" / Assessment Year:2014-15)

For Appellant: Shri Sanjay Modi, FCAFor Respondent: Shri M.K. Dal, Addl. CIT, Sr. Dr
Section 131Section 133(6)Section 143(3)

1. For that the order of the learned Commissioner of Income Tax (Appeals) ld. CIT(A) is bad in law, facts and procedure. 2. For that the ld. CIT(A) has erred both in law as well as on facts in confirming the arbitrarily made addition by the ld. AO of Rs. 60,45,315/- on account of Sundry Creditor