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10 results for “disallowance”+ Section 264clear

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Key Topics

Section 6810Addition to Income10Section 1479Section 143(3)8Section 143(2)7Section 1485Section 2504Section 153A4Search & Seizure4Section 73

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

section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances. We find no infirmity in the aforesaid act of the learned Tribunal. The appeal is, therefore, dismissed. No Special Leave Petition was filed in the Supreme Court by the Revenue against the aforesaid decision

3
Reassessment2
Disallowance2

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

section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances. We find no infirmity in the aforesaid act of the learned Tribunal. The appeal is, therefore, dismissed. No Special Leave Petition was filed in the Supreme Court by the Revenue against the aforesaid decision

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 of claim of loss amounting to Rs.34,07,935/-. This loss has been alleged as suffered in derivative trading loss. 9. Brief facts of the case are that the assesese has filed its original return of income on 26.09.2012 showing total income of Rs.17,476/-. Its case was selected for scrutiny assessment and notices under section

DIVYAMALA PRAKASH,GUWAHATI vs. INCOME TAX OFFICER, WARD-1, TEZPUR

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

ITA 70/GTY/2020[2016-17]Status: DisposedITAT Guwahati29 Nov 2023AY 2016-17

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2016-17 Divyamala Prakash Ito, Ward-1, Tezpur Flat No. 6A, Syndicate Marble, Six Vs. Mile Radhanagar, Guwahati-784036. Pan: Bpmpp 6934 E (Appellant) (Respondent) Present For: Appellant By : None Respondent By : Shri Arun Bhowmick, Jcit Date Of Hearing : 02.11.2023 Date Of Pronouncement : 29.11.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal Of The Assessee For The Assessment Year 2016-17 Is Directed Against The Order Dated 14.01.2020 Passed By The Ld. Commissioner Of Income-Tax (Appeals) -1, Guwahati [Hereinafter Referred To As ‘The ‘Ld. Cit(A)’].

For Appellant: NoneFor Respondent: Shri Arun Bhowmick, JCIT
Section 131Section 143(2)Section 143(3)Section 69A

disallowed the setting off loss of Rs. 1,00,572/- against the income from business or profession. 5. Dissatisfied with the above order, assessee went into appeal before the ld. CIT(A) and assessee had made detailed submission along with filing additional evidence in support of her contention. The assessee has filed its submission before the ld. CIT(A) which

M/S. EVEREST INFRA ENERGY LTD.,NAHARLAGUN vs. JOINT COMMISSIONER OF INCOME TAX, RANGE - TEZPUR, TEZPUR

In the result, appeal of the assessee is dismissed

ITA 187/GTY/2018[2012-13]Status: DisposedITAT Guwahati27 Sept 2022AY 2012-13

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 187/Gty/2018 Assessment Year: 2012-13 M/S. Everest Infra Energy Limited Joint Commissioner Of Income A- Sector, Vs Tax, Tezpur C/O Everest Engineering House Naharlagun - 791110 Pan : Aabce7178B अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Purushotam Gaggar, Fca Revenue By : Shri P.S. Thuingaleng, Acit सुनवाई क" तारीख/Date Of Hearing : 26/07/2022 घोषणा क" तारीख /Date Of Pronouncement: 27/09/2022 आदेश/O R D E R Per Dr. Manish Borad, Am : The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 1, Guwahati (Hereinafter The “Ld. Cit(A)”) Dt. 27/04/2019, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessee Is A Limited Company Engaged In Construction & Installation Work. Loss Of Rs.20,84,81,814/- Declared In The Return Of Income Filed For The Assessment Year 2012-13. After The Case Being Selected For Scrutiny Under Cass & Serving Notice U/S 143(2) & 142(1) Of The Act, Various Details Were Called For & After Considering The Submissions Of The Assessee, The Ld. Assessing Officer Assessed Loss Income At Rs.13,68,94,750/- After Making Certain Disallowances/Additions. The Assessee Challenged The Addition Before The Ld. Cit(A) & Partly Succeeded & Now The Assessee Is In Appeal Before The Tribunal Raising The Sole Issue Challenging The Ld. Cit(A)’S Finding Confirming The Addition

For Appellant: Shri Purushotam Gaggar, FCAFor Respondent: Shri P.S. Thuingaleng, ACIT
Section 143(2)Section 250

264/- and so, the difference are not borrowed funds. Even the assessee has not disputed this fact that the disallowance of interest expenditure made by the Assessing Officer is on account of giving interest bearing funds as interest free advance to the following concerns:- Name of company Balance as on Remarks 31.03.2012 Govinda Eastern 4,87,36,847/- To acquire

COMMISSIONER OF INCOME TAX -II, GUWAHATI vs. M/S. ARIHANT INTERNATIONAL LIMITED , GUWAHATI

In the result, the appeal filed by the Revenue is dismissed

ITA 275/GTY/2018[2009-10]Status: DisposedITAT Guwahati19 Oct 2022AY 2009-10

Bench: Dr. Manish Borad & Sri Sonjoy Sarma

Section 143(2)Section 143(3)Section 147Section 148Section 250Section 43(5)Section 73

264 ITR 566) similarly held that even after the amendment to Section 147 of the Act effective from 01.04.1989, an assessment completed u/s 143(3) of the Act cannot be reopened merely upon change of opinion with reference to facts already available with ld. AO at the time of regular assessment. In the opinion of the Apex Court even after

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

264 of 2016, G.A. No. 1929 of 2016 (Calcutta High Court)]. 16. Coming back to the remaining part of section 153A, it is pertinent to note that expression ‘relevant assessment year’ introduced by Finance Act, 2017 has been defined in Explanation 1 to Section 153A(1). According to this Explanation, the expression ‘relevant assessment years’ means assessment year relevant

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

264 of 2016, G.A. No. 1929 of 2016 (Calcutta High Court)]. 16. Coming back to the remaining part of section 153A, it is pertinent to note that expression ‘relevant assessment year’ introduced by Finance Act, 2017 has been defined in Explanation 1 to Section 153A(1). According to this Explanation, the expression ‘relevant assessment years’ means assessment year relevant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -TINSUKIA , TINSUKIA vs. KRISHNA BORTHAKUR, L/R OF LATE KAMAKHYA BORTHAKUR, TINSUKIA

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

ITA 456/GTY/2013[2010-11]Status: DisposedITAT Guwahati21 Dec 2022AY 2010-11

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

Section 143(2)Section 271(1)(c)Section 68

section 271(1)(c) is separately initiated for concealment of income”. 6 Assessment Year: 2010-2011 Sri Kamakhya Borthakur, Tinsukia In this way, ld. Assessing Officer has made an addition of Rs.42,00,000/-. 6. The ld. CIT(Appeals), on the other hand, has deleted this addition. The ld. 1st Appellate Authority took a very theoretical approach in deleting this

MANOJ ANAND,GUWAHATI vs. ITO W-2(2) GHY, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 273/GTY/2024[2018-19]Status: DisposedITAT Guwahati02 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Manoj Anand Ito W-2(2), Ghy Flat 4D, Garima Grand, Aaykar Bhawan, Christian Basti, Departmental Representative B. G.S. Road, Guwahati-781005, Vs. Baruah Road, Guwahati-781007, Assam Assam (Appellant) (Respondent) Pan No. Agbpa9883C

For Appellant: Shri Miraj D Shah, ARFor Respondent: Shri Sanjay Jha, DR
Section 144BSection 147Section 148Section 68

section 144B of the Act dated 25.03.2023. 3.2. In the appellate proceedings, the ld. CIT (A) also confirmed the order of the ld. AO by dismissing the appeal of the assessee by observing and holding as under:- Manoj Anand; A.Y. 2018-19 “The sole issue involved in the appellant's appeal is that during the relevant previous year the appellant