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16 results for “disallowance”+ Section 172(4)clear

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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 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 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit as given

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 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit as given

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 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit as given

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 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit as given

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 153A of the Act for the AY 2017-18, AY 2018-19 and AY 2019-20, shall be treated as the Returns of Income filed u/s 139(1). (ii) That, the Audit Reports in Form-10CCB [as referred u/s Section 80-IA(7) of the Act] which were furnished by the Assessee within the time limit as given

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

172 taxmann.com 283 (Bombay), Hon'ble Bombay High Court have upheld the addition made under section 69C on account of bogus purchases. However, the fact remains that no adverse action was taken against the supplies whether GST authorities. The facts are not known in this regard. Since the assessee is a manufacturing concern, the production record ought to have been

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

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

disallowance of purchases of Rs.86,47,78,624/-ignoring the submission of appellant. 3. On the facts and circumstances of the case, the Ld CIT(A) has erred in law in upholding the addition of Rs.86,66,86,730/- being difference in purchases as per books and figures reported in GST ignoring the reconciliation submitted with evidences on record. 4

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

disallowance of purchases of Rs.86,47,78,624/-ignoring the submission of appellant. 3. On the facts and circumstances of the case, the Ld CIT(A) has erred in law in upholding the addition of Rs.86,66,86,730/- being difference in purchases as per books and figures reported in GST ignoring the reconciliation submitted with evidences on record. 4

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

4. The Grounds of appeal raised by the assessee for AY 2012-13 reads as under: 1. The Ld. CIT(A), Guwahati-2, is legally not justified treating the interest income received from the Fixed Deposit created out of the loan Fund received from NEDFI. Hence, the impugned order in Appeal is not sustainable in law and liable

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

4. The Grounds of appeal raised by the assessee for AY 2012-13 reads as under: 1. The Ld. CIT(A), Guwahati-2, is legally not justified treating the interest income received from the Fixed Deposit created out of the loan Fund received from NEDFI. Hence, the impugned order in Appeal is not sustainable in law and liable

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

4. The Grounds of appeal raised by the assessee for AY 2012-13 reads as under: 1. The Ld. CIT(A), Guwahati-2, is legally not justified treating the interest income received from the Fixed Deposit created out of the loan Fund received from NEDFI. Hence, the impugned order in Appeal is not sustainable in law and liable

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