BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

243 results for “disallowance”+ Section 4(3)(i)clear

Sorted by relevance

Mumbai22,149Delhi16,887Chennai6,480Kolkata6,097Bangalore5,776Ahmedabad4,551Pune3,751Hyderabad2,647Jaipur2,256Chandigarh1,500Surat1,442Cochin1,440Indore1,258Visakhapatnam896Karnataka780Raipur753Cuttack737Rajkot706Amritsar622Nagpur584Lucknow507Panaji306Jodhpur298Agra285Ranchi249Guwahati243Telangana213Patna191Calcutta170Dehradun167SC146Allahabad145Jabalpur139Kerala74Varanasi60Punjab & Haryana40Orissa17Rajasthan11Himachal Pradesh8A.K. SIKRI ROHINTON FALI NARIMAN7Gauhati2Andhra Pradesh2Uttarakhand2ASHOK BHAN DALVEER BHANDARI1ANIL R. DAVE AMITAVA ROY L. NAGESWARA RAO1RANJAN GOGOI PRAFULLA C. PANT1A.K. SIKRI N.V. RAMANA1MADAN B. LOKUR S.A. BOBDE1J&K1Tripura1D.K. JAIN JAGDISH SINGH KHEHAR1Bombay1H.L. DATTU S.A. BOBDE1

Key Topics

Section 36(1)(va)75Section 143(1)71Addition to Income63Section 25057Section 143(3)47Disallowance47Section 43B26Section 153A26Deduction25Section 80I

JYOTI PRAKASH DAS,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 102/GTY/2020[2017-18]Status: DisposedITAT Guwahati31 Aug 2023AY 2017-18

Bench: Shri Rajesh Kumar, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Jyoti Prakash Das Dcit, Circle-3, Guwahati Kumud Enclave, Nawaram Vs. Kakati Path, Rehabari, Guwahati-781008. Pan: Ajipd 5193 Q (Appellant) (Respondent) Present For: Appellant By : Shri Ramesh Goenka, Advocate Respondent By : Shri Arun Bhowmick, Jcit Date Of Hearing : 31.08.2023 Date Of Pronouncement : 31.08.2023 O R D E R Per Sonjoy Sarma, Jm: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.02.2020 Of Ld. Cit(A), Guwahati-2 Passed U/S 250 Of The Income Tax Act [Hereinafter Referred To As The ‘Act’]. The Assessee Has Raised The Following Grounds Of Appeal: “1(A). That Neither The Learned Assessing Officer Was Justified In Making Disallowance Of Rs. 1,43,73,603/- On Account Of Proportionate Direct Expenses & Adding The Same In The Closing Stock Of The Appellant Nor The Learned Cit(A) Was Justified In Confirming The Aforesaid Disallowance/Addition.

For Appellant: Shri Ramesh Goenka, AdvocateFor Respondent: Shri Arun Bhowmick, JCIT
Section 143(2)Section 250Section 40A(3)Section 69C

Showing 1–20 of 243 · Page 1 of 13

...
24
Section 4024
Natural Justice11

section 40A(3) of the Act. We find that the assessee had not come on any affidavit before us refuting this finding. Hence the enhancement made by the Learned AO cannot be faulted with on violation of principles of natural justice. 4.10. In view of the aforesaid facts and circumstances and respectfully following the judicial precedents relied upon hereinabove

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

disallowance made amounting to Rs. 2,15,53,154/- on estimate basis without specifying the exact bills is totally incorrect and uncalled for. 3. That the Ld. CIT (A) wholly erred in appreciating the fact that the appellant year after year, assessed under section 143(3) of the Act and no such additions (estimated addition) was made in the case

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

disallowance made amounting to Rs. 2,15,53,154/- on estimate basis without specifying the exact bills is totally incorrect and uncalled for. 3. That the Ld. CIT (A) wholly erred in appreciating the fact that the appellant year after year, assessed under section 143(3) of the Act and no such additions (estimated addition) was made in the case

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

disallowance made amounting to Rs. 2,15,53,154/- on estimate basis without specifying the exact bills is totally incorrect and uncalled for. 3. That the Ld. CIT (A) wholly erred in appreciating the fact that the appellant year after year, assessed under section 143(3) of the Act and no such additions (estimated addition) was made in the case

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

disallowance made amounting to Rs. 2,15,53,154/- on estimate basis without specifying the exact bills is totally incorrect and uncalled for. 3. That the Ld. CIT (A) wholly erred in appreciating the fact that the appellant year after year, assessed under section 143(3) of the Act and no such additions (estimated addition) was made in the case

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

disallowance made amounting to Rs. 2,15,53,154/- on estimate basis without specifying the exact bills is totally incorrect and uncalled for. 3. That the Ld. CIT (A) wholly erred in appreciating the fact that the appellant year after year, assessed under section 143(3) of the Act and no such additions (estimated addition) was made in the case

DEY'S PHARMACY,GUWAHATI vs. INCOME TAX OFFICER, WARD2(1), GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 63/GTY/2019[2014-15]Status: DisposedITAT Guwahati04 Oct 2021AY 2014-15

Bench: Shri P.M. Jagtap, Hon’Ble Vice-(Kz)] [Through Virtual Court] Assessment Year: 2014-15 Dey’S Pharmacy ...................................……………………………………………………………Appellant S.S. Road, Lakhtokia, Guwahati – 781001. [Pan : Aadfd 4403 B] Vs Ito, Ward – 2(1), Guwahati…………………………………………..………………………Respondent Appearances By: Shri Ramesh Goenka, Sr. Advocate Appearing On Behalf Of The Assessee. Shri Subhrajyoti Bhattacharya, Addl. Cit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 04, 2021 Date Of Pronouncing The Order : October 04, 2021 O R D E R Per P.M. Jagtap, Vice-: This Appeal Filed By The Assessee Is Directed Against Order Of Ld. Commissioner Of Income Tax (Appeals)- Guwahati - 2 Dated 23.11.2018 & The Solitary Issue Involved Therein Relates To The Disallowance Of Rs. 36,96,707/- Made By The Ao & Confirmed By The Ld. Cit(A) U/S 40A(3) Of The Income Tax Act, 1961. 2. The Assessee In The Present Case Is A Partnership Firm Which Is Engaged In The Business Of Retail Trading Of Medicines. The Return Of Income For The Year Under Consideration Was Filed

Section 143(3)Section 40ASection 40A(3)

disallowance of Rs 36,96,707/- made by the Ld. AO under section 40A (3) of the Act is, hereby, confirmed. This ground of appeal is dismissed.” Aggrieved by the order of the Ld. CIT(A), the assessee has preferred this appeal before the Tribunal. 5 ITA. No.63/Gau/2019 (A.Y. 2014-15) Dey’s Pharmacy 4

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 116/GTY/2024[2019-20]Status: DisposedITAT Guwahati29 May 2025AY 2019-20

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 114/GTY/2024[2017-18]Status: DisposedITAT Guwahati29 May 2025AY 2017-18

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 111/GTY/2024[2016-17]Status: DisposedITAT Guwahati29 May 2025AY 2016-17

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 112/GTY/2024[2015-16]Status: DisposedITAT Guwahati29 May 2025AY 2015-16

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 110/GTY/2024[2014-15]Status: DisposedITAT Guwahati29 May 2025AY 2014-15

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 117/GTY/2024[2020-21]Status: DisposedITAT Guwahati29 May 2025AY 2020-21

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 113/GTY/2024[2017-18]Status: DisposedITAT Guwahati29 May 2025AY 2017-18

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 115/GTY/2024[2018-19]Status: DisposedITAT Guwahati29 May 2025AY 2018-19

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

GREENWOOD RESORTS PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, GUWAHATI

In the result, ITA No. 114/GTY/2024 for AY 2017-18 is partly allowed for statistical purposes

ITA 118/GTY/2024[2021-22]Status: DisposedITAT Guwahati29 May 2025AY 2021-22

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 153CSection 250Section 36Section 40A(3)Section 68

3 is allowed accordingly. 6.4. Decision on Ground(s) of Appeal No(s). 4 : The Appellant contended that the AO was not justified in disallowing cash payments to labourers. It is observed from the record that the cash payments above Rs. 20,000/- were made under the head ‘Repairs & maintenance’ in contravention of Section

AGRIM INFRAPROJECT PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, this appeal of the assessee i

ITA 222/GTY/2019[2015-16]Status: HeardITAT Guwahati05 Apr 2023AY 2015-16

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

Section 153ASection 250Section 68

4) For that in the facts and circumstances of the case theadditions/disallowances made u/s 153A of the IT Act 1961 was beyond the scope of the said section and hence bad in law and hence the order be quashed and/or the addition/ disallowances be deleted. (5) For that in the facts and circumstances of the case the additions/disallowancesmade u/s153A

AGRIM INFRAPROJECT PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, this appeal of the assessee i

ITA 219/GTY/2019[2012-13]Status: HeardITAT Guwahati05 Apr 2023AY 2012-13

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

Section 153ASection 250Section 68

4) For that in the facts and circumstances of the case theadditions/disallowances made u/s 153A of the IT Act 1961 was beyond the scope of the said section and hence bad in law and hence the order be quashed and/or the addition/ disallowances be deleted. (5) For that in the facts and circumstances of the case the additions/disallowancesmade u/s153A

AGRIM INFRAPROJECT PRIVATE LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

In the result, this appeal of the assessee i

ITA 224/GTY/2019[2012-13]Status: HeardITAT Guwahati05 Apr 2023AY 2012-13

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

Section 153ASection 250Section 68

4) For that in the facts and circumstances of the case theadditions/disallowances made u/s 153A of the IT Act 1961 was beyond the scope of the said section and hence bad in law and hence the order be quashed and/or the addition/ disallowances be deleted. (5) For that in the facts and circumstances of the case the additions/disallowancesmade u/s153A

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

4 Assessment Year: 2013-2014 & Assessment Year: 2013-2014 ABCI Infrastructure Pvt. Limited the ld. Assessing Officer had issued notice under section 148 of the Income Tax Act and reopened the assessment. The re- assessment order was passed under section 147 read with section 143(3) on 18.12.2017 determining the taxable income of the assessee at Rs.21