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38 results for “disallowance”+ Section 271clear

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Key Topics

Section 271(1)(c)33Section 80I26Addition to Income21Section 25017Section 10(26)16Section 143(3)15Disallowance15Penalty9Section 44A5Section 154

ARUNACHAL POLICE HOUSING & WELFARE CORPORATION LIMITED,PAPUMPARE vs. INCOME TAX OFFICER, WARD-ITANAGAR, ITANAGAR

In the result, appeal of the assessee is allowed

ITA 117/GTY/2020[2016-17]Status: DisposedITAT Guwahati25 Apr 2023AY 2016-17

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Girish Agrawal, Hon’Ble

For Appellant: Shri Sanjay Mody, FCAFor Respondent: Shri N.T. Sherpa, JCIT, D/R
Section 10Section 143(3)Section 271(1)(c)Section 274

disallowing the exemption claimed under section 10(26B). Assessee paid the demand raised thereon of Rs.45,27,145/-. 2.2. Penalty proceedings were subsequently initiated by issuing notice u/s 274 rws 271

VIVEK AGARWAL,GURGAON vs. INCOME-TAX OFFICER, WARD-2, TINSUKIA

Showing 1–20 of 38 · Page 1 of 2

5
Depreciation5
Deduction5

Appeals of the assessee are allowed for statistical purposes

ITA 228/GTY/2024[2014-15]Status: DisposedITAT Guwahati25 Jun 2025AY 2014-15

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

Section 143(3)Section 250Section 271(1)(c)

Section 271(1)(c) of the Act. 2. In this case, A.Y. 2014-15 concerns the Long-Term Capital Gains (LTCG) claimed on account of certain penny stocks which were under adverse notice by the Investigation Wing of the Income Tax Department. The LTCG claimed was disallowed

VIVEK AGARWAL,TINSUKIA vs. INCOME TAX OFFICER, WARD-2, TINSUKIA

Appeals of the assessee are allowed for statistical purposes

ITA 204/GTY/2018[2014-15]Status: DisposedITAT Guwahati25 Jun 2025AY 2014-15

Bench: the Ld. CIT(A). Needless to say, the assessee is aggrieved by the action of the Ld. Assessing Officer in all the three matters and has challenged the imposition of penalty in ITA No. 227 & 228/Gty/2024. He has also challenged the treatment of LTCG as bogus in the case of ITA No. 204/Gty/2018. For the A.Y. 2014-15 (ITA No. 204/Gty/2018) the assessee has filed revised grounds of appeal which deserve to be extracted for reference:

Section 143(3)Section 250Section 271(1)(c)

Section 271(1)(c) of the Act. 2. In this case, A.Y. 2014-15 concerns the Long-Term Capital Gains (LTCG) claimed on account of certain penny stocks which were under adverse notice by the Investigation Wing of the Income Tax Department. The LTCG claimed was disallowed

VIVEK AGARWAL,GURGAON vs. INCOME-TAX OFFICER, WARD-2, TINSUKIA

Appeals of the assessee are allowed for statistical purposes

ITA 227/GTY/2024[2013-14]Status: DisposedITAT Guwahati25 Jun 2025AY 2013-14

Bench: the Ld. CIT(A). Needless to say, the assessee is aggrieved by the action of the Ld. Assessing Officer in all the three matters and has challenged the imposition of penalty in ITA No. 227 & 228/Gty/2024. He has also challenged the treatment of LTCG as bogus in the case of ITA No. 204/Gty/2018. For the A.Y. 2014-15 (ITA No. 204/Gty/2018) the assessee has filed revised grounds of appeal which deserve to be extracted for reference:

Section 143(3)Section 250Section 271(1)(c)

Section 271(1)(c) of the Act. 2. In this case, A.Y. 2014-15 concerns the Long-Term Capital Gains (LTCG) claimed on account of certain penny stocks which were under adverse notice by the Investigation Wing of the Income Tax Department. The LTCG claimed was disallowed

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

M/S. ASSAM TEA CORPORATION LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

The appeals are allowed for statistical purposes

ITA 216/GTY/2019[2012-13]Status: DisposedITAT Guwahati20 Jul 2023AY 2012-13

Bench: Sri Rajpal Yadav & Sri Girish Agrawal

Section 143(2)Section 143(3)Section 150(1)Section 150(2)Section 250Section 271(1)(c)

disallowed and added back to the total income, on account of cessation of liabilities appearing in its accounts as on 31.03.2012 or write off of sundry creditors. For furnishing inaccurate particulars of income or concealing particulars of income, penalty is hereby initiated u/s 271(l)(c) of the Income Tax Act, 1961. [Addition

M/S. ASSAM TEA CORPORATION LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

The appeals are allowed for statistical purposes

ITA 85/GTY/2020[2012-13]Status: DisposedITAT Guwahati20 Jul 2023AY 2012-13

Bench: Sri Rajpal Yadav & Sri Girish Agrawal

Section 143(2)Section 143(3)Section 150(1)Section 150(2)Section 250Section 271(1)(c)

disallowed and added back to the total income, on account of cessation of liabilities appearing in its accounts as on 31.03.2012 or write off of sundry creditors. For furnishing inaccurate particulars of income or concealing particulars of income, penalty is hereby initiated u/s 271(l)(c) of the Income Tax Act, 1961. [Addition

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

disallowed and added back to the total income of the assessee. Actual profit earned o' Rs.i4. 43C.00 is also being added to the total Income of the assessee. Penal proceedings under section 271

DEBEN THAOSEN,HAFLONG vs. INCOME TAX OFFICER, WARD-1, SILCHAR

Appeal is allowed

ITA 247/GTY/2018[2014-15]Status: DisposedITAT Guwahati13 Dec 2019AY 2014-15

Bench: Shri S.S.Godara & Dr. A.L.Sainiassessment Year :2014-15 Deben Thaosen V/S. Income Tax Officer Sengya Sombudhan Raji Ward-1, Silchar Room Sarkari Bagan, Halflong, No.21 Aayakar N.C. Hills, Assam Bhawan, Pwd Road, [Pan No.Aedpt 9417 R] Silchar-788001 .. अपीलाथ" /Appellant ""यथ"/Respondent None अपीलाथ" क" ओर से/By Appellant Shri M.C Omi Ningshen, Jcit Sr-Dr ""यथ" क" ओर से/By Respondent 09-12-2019 सुनवाई क" तार"ख/Date Of Hearing 13-12-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Bemch:- This Assessee’S Appeal For Assessment Year 2014-15 Arises Against The Commissioner Of Income Tax (Appeals)-Shillong’S Order Dated 25.06.2018 Passed In Case No.Cit(A)/Shillolng/10040/2017-18 Involving Penalty Proceedings U/S 271(1)(C) Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At The Assessee’S Behest. Heard Learned Departmental Representative. 2. For The Reasons Stated In Assessee’S Condonation Petition / Affidavit Dated 15.04.2019 Coupled With His Medical History & On Account Of The Revenue’S No Objection, We Condone The Impugned Seventeen Days Delay In Filing Of The Taxpayer’S Appeal. The Same Is Now Taken Up For Adjudication On Merits.

Section 10(26)Section 271(1)(c)

271(1)(c) of the Act. Be that as it may, hon'ble apex court’s landmark judgment in CIT vs. Reliance Petroproducts Pvt. Ltd. (2010) 322 ITR 158 (SC) settled the law long back that each and every disallowance(s) / addition(s) made during the course of former proceedings does not necessarily attract section

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

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

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

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

271.” 3.12 Further, insofar as the scrip of Jackson Investment Ltd. in the case of Sri Bachh Raj Bamalwa for A.Y. 2015-16 (Assessee at Sl. No. 4 supra) is concerned, the following further submissions are made in addition to the above: (i) That, the Ld. A.O, in making the impugned addition, has relied upon the purported statements of promoters

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

271.” 3.12 Further, insofar as the scrip of Jackson Investment Ltd. in the case of Sri Bachh Raj Bamalwa for A.Y. 2015-16 (Assessee at Sl. No. 4 supra) is concerned, the following further submissions are made in addition to the above: (i) That, the Ld. A.O, in making the impugned addition, has relied upon the purported statements of promoters

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

271.” 3.12 Further, insofar as the scrip of Jackson Investment Ltd. in the case of Sri Bachh Raj Bamalwa for A.Y. 2015-16 (Assessee at Sl. No. 4 supra) is concerned, the following further submissions are made in addition to the above: (i) That, the Ld. A.O, in making the impugned addition, has relied upon the purported statements of promoters

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

271.” 3.12 Further, insofar as the scrip of Jackson Investment Ltd. in the case of Sri Bachh Raj Bamalwa for A.Y. 2015-16 (Assessee at Sl. No. 4 supra) is concerned, the following further submissions are made in addition to the above: (i) That, the Ld. A.O, in making the impugned addition, has relied upon the purported statements of promoters

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

271.” 3.12 Further, insofar as the scrip of Jackson Investment Ltd. in the case of Sri Bachh Raj Bamalwa for A.Y. 2015-16 (Assessee at Sl. No. 4 supra) is concerned, the following further submissions are made in addition to the above: (i) That, the Ld. A.O, in making the impugned addition, has relied upon the purported statements of promoters

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

271.” 3.12 Further, insofar as the scrip of Jackson Investment Ltd. in the case of Sri Bachh Raj Bamalwa for A.Y. 2015-16 (Assessee at Sl. No. 4 supra) is concerned, the following further submissions are made in addition to the above: (i) That, the Ld. A.O, in making the impugned addition, has relied upon the purported statements of promoters