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16 results for “disallowance”+ Section 172clear

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Key Topics

Addition to Income13Section 2509Disallowance9Section 69C8Section 143(3)7Section 44A5Depreciation5Deduction5Section 153C4Section 57

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI vs. FORTUNE VANIJYA PRIVATE LIMITED, GUWAHATI

In the result both the appeal of the Revenue and the cross objections of the assessee stands partly allowed

ITA 21/GTY/2021[2011-12]Status: DisposedITAT Guwahati10 Dec 2021AY 2011-12

Bench: Shri P.M. Jagtap, Hon’Ble V.P (Kz) & Shri A. T. Varkey, Jm]

Section 132Section 132(4)Section 142(1)Section 153ASection 153CSection 68

172 (Bom HC) ; CIT vs Continental Warehousing Corporation (NhavaSheva) Ltd reported in (2015) 374 ITR 645 (Bom HC) and All Cargo Global Logistics Ltd vs DCIT reported in (2012) 137 ITD 287 (Mum ITAT) (SB). We also find that Revenue’s SLP against the decision of the Hon'ble Delhi High Court in the case of Kabul Chawla (Supra

3
TDS3
Set Off of Losses3

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

Section 44AB of the Income Tax Act, 1961. It is an admitted fact that the Assessing Officer has not pointed out any specific discrepancies in the audited Books of Accounts of the Appellant and disallowed the above expenses merely on the basis of conjectures and surmises. It is further noted that the above disallowance is more on the basis

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

Section 44AB of the Income Tax Act, 1961. It is an admitted fact that the Assessing Officer has not pointed out any specific discrepancies in the audited Books of Accounts of the Appellant and disallowed the above expenses merely on the basis of conjectures and surmises. It is further noted that the above disallowance is more on the basis

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

Section 44AB of the Income Tax Act, 1961. It is an admitted fact that the Assessing Officer has not pointed out any specific discrepancies in the audited Books of Accounts of the Appellant and disallowed the above expenses merely on the basis of conjectures and surmises. It is further noted that the above disallowance is more on the basis

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

Section 44AB of the Income Tax Act, 1961. It is an admitted fact that the Assessing Officer has not pointed out any specific discrepancies in the audited Books of Accounts of the Appellant and disallowed the above expenses merely on the basis of conjectures and surmises. It is further noted that the above disallowance is more on the basis

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

Section 44AB of the Income Tax Act, 1961. It is an admitted fact that the Assessing Officer has not pointed out any specific discrepancies in the audited Books of Accounts of the Appellant and disallowed the above expenses merely on the basis of conjectures and surmises. It is further noted that the above disallowance is more on the basis

RI-BHOI ISPAT & ROLLING MILLS,BYRNIHAT vs. ITO, WARD- BYRNIHAT, BYRNIHAT

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

ITA 241/GTY/2024[2018-2019]Status: DisposedITAT Guwahati12 Aug 2025AY 2018-2019

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 133ASection 147Section 250Section 69C

disallowed, but the Ld. AO has made addition under section 69C of the Act which relates to unexplained expenditure. On similar issue, in the case of Pr. Commissioner of Income-tax-5 v. Kanak Impex (India) Ltd. [2025] 172

AMIT KUMAR,DELHI vs. INCOME TAX OFFICER, WARD 1(1), GUWAHATI, INCOME TAS OFFICER

ITA 33/GTY/2024[2021-22]Status: DisposedITAT Guwahati25 Jun 2025AY 2021-22

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 133(6)Section 250Section 69CSection 70

Section 263 of the Act by which the entire expenses were to be disallowed as bogus purchases. The decision of the Hon’ble Allahabad High Court in the case of Assistant Commissioner of Income Tax vs Shanti Swarup Jain [55 taxmann.com 378 (All)] also takes a similar view. In the case of Shoreline Hotel (P) Ltd. vs Commissioner of Income

AMIT KUMAR,DELHI vs. INCOME TAX OFFICER, WARD 1(1), GUWAHATI, INCOME TAX OFFICER

ITA 32/GTY/2024[2017-18]Status: DisposedITAT Guwahati25 Jun 2025AY 2017-18

Bench: SHRI MANOMOHAN DAS, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 133(6)Section 250Section 69CSection 70

Section 263 of the Act by which the entire expenses were to be disallowed as bogus purchases. The decision of the Hon’ble Allahabad High Court in the case of Assistant Commissioner of Income Tax vs Shanti Swarup Jain [55 taxmann.com 378 (All)] also takes a similar view. In the case of Shoreline Hotel (P) Ltd. vs Commissioner of Income

RISHI AGARWAL,GUWAHATI vs. ITO, WARD-2(2), GUWAHATI, GUWAHATI

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 266/GTY/2024[2021-22]Status: DisposedITAT Guwahati24 Jun 2025AY 2021-22

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 143(3)Section 250Section 69C

172 ITR 250 while affirming the view of the Madhya Pradesh High Court has held that ‘the expression ‘INCOME’ as used in Section 69A of the Act, 1961 had a wide meaning which meant anything which came in or resulted in gain and on this basis, concluded that the assessee had income which he had invested in purchasing article

M/S. BRAHMAPUTRA CRACKER & POLYMER LTD. ,DIBRUGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2, DIBRUGARH

In the result, all the appeals of the revenue are dismissed and all the appeals of the assessee are allowed

ITA 94/GTY/2018[2011-12]Status: DisposedITAT Guwahati22 Oct 2020AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

172 (SC), held that the entire interest income earned on all three funds i.e. from capital subsidy, equity and borrowing parked with the banks [short-term deposits (STD)] as income from other sources and it was brought to tax. The Ld. CIT(A) by passing the impugned order allowed partially the claim of assessee. We note that

M/S. BRAHMAPUTRA CRACKER & POLYMER LTD. ,DIBRUGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2, DIBRUGARH

In the result, all the appeals of the revenue are dismissed and all the appeals of the assessee are allowed

ITA 200/GTY/2019[2015-16]Status: DisposedITAT Guwahati22 Oct 2020AY 2015-16

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

172 (SC), held that the entire interest income earned on all three funds i.e. from capital subsidy, equity and borrowing parked with the banks [short-term deposits (STD)] as income from other sources and it was brought to tax. The Ld. CIT(A) by passing the impugned order allowed partially the claim of assessee. We note that

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 2, DIBRUGARH vs. M/S. BRAHMAPUTRA CRACKER & POLYMER LTD. , DIBRUGARH

In the result, all the appeals of the revenue are dismissed and all the appeals of the assessee are allowed

ITA 89/GTY/2018[2011-12]Status: DisposedITAT Guwahati22 Oct 2020AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A. L. Saini, Am]

172 (SC), held that the entire interest income earned on all three funds i.e. from capital subsidy, equity and borrowing parked with the banks [short-term deposits (STD)] as income from other sources and it was brought to tax. The Ld. CIT(A) by passing the impugned order allowed partially the claim of assessee. We note that

M/S. MEGHMALLAR EASTATE & SERVICES (P) LTD.,,GUWAHATI vs. INCOME TAX OFFICER, WARD-3(2), GUWAHATI

In the result, the three appeals of the assessee are partly allowed

ITA 92/GTY/2020[2012-13]Status: DisposedITAT Guwahati15 Jan 2021AY 2012-13

Bench: Shri A. T. Varkey, Jm]

Section 57

disallowance of interest claimed by the Appellant with respect to the loan from North Eastern Development Finance Corporation Ltd (NEDFI). The Appellant has stated that the loan availed by the Appellant from NEDFI was used by it for sourcing the FDRs. It was on these FDRs that the Appellant had earned interest income, which was duly appearing

M/S. MEGHMALLAR EASTATE & SERVICES (P) LTD.,,GUWAHATI vs. INCOME TAX OFFICER, WARD-3(2), GUWAHATI

In the result, the three appeals of the assessee are partly allowed

ITA 94/GTY/2020[2014-15]Status: DisposedITAT Guwahati15 Jan 2021AY 2014-15

Bench: Shri A. T. Varkey, Jm]

Section 57

disallowance of interest claimed by the Appellant with respect to the loan from North Eastern Development Finance Corporation Ltd (NEDFI). The Appellant has stated that the loan availed by the Appellant from NEDFI was used by it for sourcing the FDRs. It was on these FDRs that the Appellant had earned interest income, which was duly appearing

M/S. MEGHMALLAR EASTATE & SERVICES (P) LTD.,,GUWAHATI vs. INCOME TAX OFFICER, WARD-3(2), GUWAHATI

In the result, the three appeals of the assessee are partly allowed

ITA 93/GTY/2020[2013-14]Status: DisposedITAT Guwahati15 Jan 2021AY 2013-14

Bench: Shri A. T. Varkey, Jm]

Section 57

disallowance of interest claimed by the Appellant with respect to the loan from North Eastern Development Finance Corporation Ltd (NEDFI). The Appellant has stated that the loan availed by the Appellant from NEDFI was used by it for sourcing the FDRs. It was on these FDRs that the Appellant had earned interest income, which was duly appearing