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19 results for “disallowance”+ Section 14A(3)clear

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Key Topics

Section 143(3)22Addition to Income18Section 25016Section 4016Disallowance12Section 14A11Section 143(2)6Section 44A5Section 685Section 246A

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

disallowed a sum of Rs. 11,600/- u/s 14A of the Act. Ld. AO applied the provisions of Section 14A of the Act read with rule 8D of the Income Tax Rules, 1962 and computed the expenditure relatable to the aforesaid tax- exempt dividend income at Rs. 3

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: Heard
5
Depreciation5
Deduction3
ITAT Guwahati
05 Apr 2023
AY 2018-19

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

Section 143(3)Section 250Section 44A

disallowed a sum of Rs. 11,600/- u/s 14A of the Act. Ld. AO applied the provisions of Section 14A of the Act read with rule 8D of the Income Tax Rules, 1962 and computed the expenditure relatable to the aforesaid tax- exempt dividend income at Rs. 3

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

disallowed a sum of Rs. 11,600/- u/s 14A of the Act. Ld. AO applied the provisions of Section 14A of the Act read with rule 8D of the Income Tax Rules, 1962 and computed the expenditure relatable to the aforesaid tax- exempt dividend income at Rs. 3

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

disallowed a sum of Rs. 11,600/- u/s 14A of the Act. Ld. AO applied the provisions of Section 14A of the Act read with rule 8D of the Income Tax Rules, 1962 and computed the expenditure relatable to the aforesaid tax- exempt dividend income at Rs. 3

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

disallowed a sum of Rs. 11,600/- u/s 14A of the Act. Ld. AO applied the provisions of Section 14A of the Act read with rule 8D of the Income Tax Rules, 1962 and computed the expenditure relatable to the aforesaid tax- exempt dividend income at Rs. 3

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. PAWAN CEMENT COMPANY PRIVATE LIMITED, GUWAHATI

In the result, both the appeals filed by the Revenue for AY

ITA 73/GTY/2020[2013-14]Status: DisposedITAT Guwahati03 Mar 2023AY 2013-14

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

Section 132Section 139(1)Section 143(2)Section 153ASection 250Section 68

14A of the Act is on the basis of a legal interpretation of the said section and is not as a result of any incriminating documents found in course of the search which would warrant such disallowance. (ii) Only other addition in the assessment is the sum of Rs. 4,73,20,709 being the bank balance of the said

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. M/S. PAWAN CEMENT COMPANY PRIVATE LIMITED, GUWAHATI

In the result, both the appeals filed by the Revenue for AY

ITA 72/GTY/2020[2011-12]Status: DisposedITAT Guwahati03 Mar 2023AY 2011-12

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

Section 132Section 139(1)Section 143(2)Section 153ASection 250Section 68

14A of the Act is on the basis of a legal interpretation of the said section and is not as a result of any incriminating documents found in course of the search which would warrant such disallowance. (ii) Only other addition in the assessment is the sum of Rs. 4,73,20,709 being the bank balance of the said

MEGHALAYA POWER TRANSMISSION CORPORATION LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG

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

ITA 360/GTY/2019[2016-17]Status: DisposedITAT Guwahati28 Feb 2023AY 2016-17

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

Section 143(3)Section 250Section 40

14A but restricting the deletion to the extent of Rs.4851419/-and therefore the addition is liable to be deleted. 2. That Learned CIT(A) erred in facts as well as in law in not deleting the entire addition to the tune of Rs. 32420575/- but enhancing the disallowance to Rs.64282320/- and therefore the addition is liable to be deleted. 3

MEGHALAYA POWER GENERATION CORPORATION LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG

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

ITA 361/GTY/2019[2016-17]Status: DisposedITAT Guwahati28 Feb 2023AY 2016-17

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

Section 143(3)Section 250Section 40

14A but restricting the deletion to the extent of Rs.4851419/-and therefore the addition is liable to be deleted. 2. That Learned CIT(A) erred in facts as well as in law in not deleting the entire addition to the tune of Rs. 32420575/- but enhancing the disallowance to Rs.64282320/- and therefore the addition is liable to be deleted. 3

MEGHALAYA POWER DISTRIBUTION CORPORATION LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG

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

ITA 362/GTY/2019[2016-17]Status: DisposedITAT Guwahati28 Feb 2023AY 2016-17

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

Section 143(3)Section 250Section 40

14A but restricting the deletion to the extent of Rs.4851419/-and therefore the addition is liable to be deleted. 2. That Learned CIT(A) erred in facts as well as in law in not deleting the entire addition to the tune of Rs. 32420575/- but enhancing the disallowance to Rs.64282320/- and therefore the addition is liable to be deleted. 3

MEGHALAYA ENERGY CORPORATION LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG

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

ITA 363/GTY/2019[2016-17]Status: DisposedITAT Guwahati28 Feb 2023AY 2016-17

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

Section 143(3)Section 250Section 40

14A but restricting the deletion to the extent of Rs.4851419/-and therefore the addition is liable to be deleted. 2. That Learned CIT(A) erred in facts as well as in law in not deleting the entire addition to the tune of Rs. 32420575/- but enhancing the disallowance to Rs.64282320/- and therefore the addition is liable to be deleted. 3

MEGHALAYA ENERGY CORPORATION LIMITED, (GPF TRUST),SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-SHILLONG, SHILLONG

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

ITA 364/GTY/2019[2016-17]Status: DisposedITAT Guwahati28 Feb 2023AY 2016-17

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

Section 143(3)Section 250Section 40

14A but restricting the deletion to the extent of Rs.4851419/-and therefore the addition is liable to be deleted. 2. That Learned CIT(A) erred in facts as well as in law in not deleting the entire addition to the tune of Rs. 32420575/- but enhancing the disallowance to Rs.64282320/- and therefore the addition is liable to be deleted. 3

NORTECH POWER PROJECTS (P) LTD.,KOLKATA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-4, GUWAHATI

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 316/GTY/2018[2014-15]Status: DisposedITAT Guwahati22 Dec 2022AY 2014-15

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

Section 143(2)Section 143(3)Section 14ASection 250Section 40

disallowing Rs. 4,50,025/- by invoking provisions of section 14A of the Act. 3. For that on the facts

BAGDEVI SUPPLIERS (P) LTD,KOLKATA vs. INCOME TAX OFFICER, WARD-1, SHILLONG

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

ITA 15/GTY/2019[2012-13]Status: DisposedITAT Guwahati30 Mar 2023AY 2012-13

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

Section 143(2)Section 143(3)Section 264Section 68

disallowance is to be made under section 14A of the Income Tax Act. Hon’ble Delhi High Court has considered the Memorandum of Finance Bill, 2022 and thereafter given its finding. Considering the latest decision of the Hon’ble Delhi High Court dated 22.07.2022, we are of the view that this addition is not sustainable and deleted

GREENPLY INDUSTRIES LIMITED,TINSUKIA vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-TINSUKIA, TINSUKIA

In the result, the appeal of the assessee for A

ITA 232/GTY/2019[2014-15]Status: DisposedITAT Guwahati21 Jun 2022AY 2014-15

Bench: Shri A.T. Varkey & Shri Manish Borad

Section 115JSection 143(2)Section 80ISection 92C

disallowance under section 14A of the Act at Rs.31,038/-. Ld. Assessing Officer assessed the income of the assessee at Rs.54,42,24,737/- and income computed under section 115JB of the Act at Rs.3,23,17,984/- (after giving set off of the MAT credit of Rs.18,49,81,989/-). Aggrieved, the assessee preferred appeal before

ACIT, CIRCLE - TINSUKIA , TINSUKIA vs. M/S. GREENPLY INDUSTRIES LTD., TINSUKIA

In the result, the appeal of the assessee for A

ITA 359/GTY/2019[2014-15]Status: DisposedITAT Guwahati21 Jun 2022AY 2014-15

Bench: Shri A.T. Varkey & Shri Manish Borad

Section 115JSection 143(2)Section 80ISection 92C

disallowance under section 14A of the Act at Rs.31,038/-. Ld. Assessing Officer assessed the income of the assessee at Rs.54,42,24,737/- and income computed under section 115JB of the Act at Rs.3,23,17,984/- (after giving set off of the MAT credit of Rs.18,49,81,989/-). Aggrieved, the assessee preferred appeal before

CARBON SPECIALITIES LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI

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

ITA 26/GTY/2021[2009-10]Status: DisposedITAT Guwahati28 Apr 2023AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmaassessment Year: 2009-10 Carbon Specialities Limited Dcit, Circle-2, Guwahati 53/10, Naya Ganj, Kanpur, Vs. Uttar Pradesh-208001. Pan: Aaacc 7924 J (Appellant) (Respondent) Present For: Appellant By : Shri S.P. Bhati, Fca Respondent By : Shri P.S. Thuingaleng, Acit. Date Of Hearing : 27.04.2023 Date Of Pronouncement :.. 28.04.2022 O R D E R Per Rajesh Kumar: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 28.02.2020 Passed By The Ld. Commissioner Of Income Tax (Appeals) -2, Guwahati [Hereinafter Referred To As The Cit(A)] Relevant To Ay 2009-10. 2. The Only Issue Raised By The Assessee Is Against The Confirmation Of Disallowance Of Rs. 8,44,556/- By Ld. Cit(A) As Made By The Ao U/S 14A Of The Act Relating To Earning Of Exempt Income.

For Appellant: Shri S.P. Bhati, FCAFor Respondent: Shri P.S. Thuingaleng, ACIT
Section 143(3)Section 14ASection 263

section 14A of the Act and made a disallowance of Rs. 13,01,126/- comprising Rs. 3,60,365/- under

NORTECH POWER PROJECTS (P) LTD,KOLKATA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, GUWAHATI

In the result, appeal of the assessee is allowed for statistical purpose

ITA 63/GTY/2020[2012-13]Status: DisposedITAT Guwahati31 May 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 14A

disallowance of Rs. 14,11,692/- as made by the AO by invoking the provisions of Section 14A of the Act. 2 AY: 2012-13 Nortech Power Projects (P) Ltd. 3

MEGHALAYA CO-OP. APEX BANK LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-SHILLONG, SHILLONG

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 43/GTY/2019[2011-12]Status: HeardITAT Guwahati09 Aug 2022AY 2011-12

Bench: Shri Manish Borad & Shri Sonjoy Sarmaassessment Year: 2011-12 Meghalaya Co-Op. Apex Assistant Commissioner Of Bank Ltd. Income-Tax, Circle - Shillong Vs. M. G. Road, Shillong- 793001 (Pan: Aaam8227G) (Appellant) (Respondent)

For Appellant: Shri Parthasarathi Choudhury, FCAFor Respondent: Shri N. T. Sherpa, JCIT
Section 143(3)Section 14ASection 154Section 246ASection 250

3)/263 after the Learned CIT(A) dismissed the appeal filed against order u/s 154 as referred to ( iii) above. 2. Wrong method of calculation adopted in following rule 8D for the purpose of Section 14A as prevalent during the assessment year 2011-12. The Learned A.O. erred in law by effecting a wrong method of calculation of disallowance