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16 results for “disallowance”+ Section 40A(7)clear

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Key Topics

Section 153C27Section 40A(3)25Addition to Income15Section 25013Disallowance13Section 689Section 369Depreciation9Section 40A5Section 92B

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
5
Section 143(3)4
Deduction2

disallowance shall be made and no payment shall be deemed to be the profits and gains of business or profession under sub- section (3) and this sub-section where a payment or aggregate of payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty

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)

section 40A(3) were not attracted to the transactions in question involving purchase of medicines by the assessee from the concerned three parties. For this conclusion, I rely on the decision of Cochin Bench of this Tribunal in the case of Raja & CO vs DCIT (64 SOT 12) cited by the ld. counsel for the assessee wherein a similar issue

M/S. G.D. MARKETING PRIVATE LIMITED,GUWAHATI vs. INCOME TAX OFFICER, WARD-2(1), GUWAHATI`

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

ITA 425/GTY/2019[2015-16]Status: DisposedITAT Guwahati28 Apr 2021AY 2015-16

Bench: Shri Sanjay Garg

Section 2Section 2ASection 40ASection 40A(2)Section 40A(2)(b)Section 92B

disallowance, on account of any expenditure being excessive or unreasonable having regard to the fair market value, shall be made in respect of a specified domestic transaction referred to in section 92BA, if such transaction is at arm’s length price as defined in clause (ii) of section 92F.” 6. After going through the above amendment provision and correlating

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

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

7] ■ No addition can be made in respect of completed assessment in absence of any incriminating material. [Para 8] ■ While considering the issue involved, one has to consider the object and purpose of insertion of section 153A and when there shall be a block assessment under section 153A. [Para 9] ■ That prior to insertion of section 153A in the statute

RAM CHANDRA AGARWALA,BONGAIGAON vs. ITO, WARD -1, BONGAIGAON, BONGAIGAON

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

ITA 171/GTY/2025[2017-18]Status: DisposedITAT Guwahati03 Feb 2026AY 2017-18

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(1)Section 143(3)Section 250Section 40A(3)

section 40A(3) of the Act (incorrectly mentioned at ₹5,67,225/- on account of disallowances of the income from other sources and deductions under Chapter -VIA of the Act in the appellate order of the Ld. Addl./Joint CIT(A)). Aggrieved with the assessment order, the assessee filed an appeal before the Ld. Addl/JCIT(A) who has considered

LOTUS BROILER FARMING DIVISION,GUWAHATI vs. ACIT, CENTRAL CIRCLE-1, GUWAHATI, GUWAHATI

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

ITA 102/GTY/2024[2018-19]Status: DisposedITAT Guwahati20 Jan 2025AY 2018-19

Bench: Dr.Manish Borad & Shri Manomohan Dasआयकर अपील सं. / Ita No.102/Gty/2024 िनधा"रण वष" / Assessment Year: 2018-19

For Appellant: Shri Sanjay Mody, FCAFor Respondent: Shri Soumendu Sekhar Das, JCIT
Section 133ASection 143(2)Section 143(3)Section 250Section 40A(3)

disallowed u/s.40A(3) of the Act. In response, the assessee explained that the expenditure in question was paid to them for meeting the expenditure on account of travelling, halting food etc. and personal withdrawals which were accounted for in the books of account. In the absence of any documentary evidence by the assessee substantiating the claims, ld. AO made addition

INCOME TAX OFFICER, WARD-3(4), GUWAHATI vs. M/S. S.R.K.M. STEELS (P) LTD, GUWAHATI

In the result, the appeal of the Revenue is dismissed

ITA 274/GTY/2018[2015-16]Status: DisposedITAT Guwahati18 Dec 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Income Tax Officer, Ward 3(4) M/S S.R.K.M Steels (P) Ltd. Room No.707, 7Th Floor, Aayakar M/S Srkm Steels (P) Ltd. Lokhra Bhawan Poorva, G.S. Road, Road, P.O. Sawkuchi, Guwahati- Vs. Guwahati-781005, Assam 781034, Assam (Appellant) (Respondent) Pan No. Aalcs5046E Assessee By : Shri Somnath Ghosh, Ar Revenue By : Shri Santosh Kumar Karnani, Dr Date Of Hearing: 17.11.2025 Date Of Pronouncement: 18.12.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Santosh Kumar karnani, DR
Section 133(6)

7 had been violated by AO in making the addition. The action of the LdAOis even voilative of the settled principles of Double Taxation and Consistency. The appellant had contended that it is following the Percentage of Completion Method in letter and Spirit and ITR for and wef A/y 2016-17 & 2017-18 have been filed by recognizing the income

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - AGARTALA, AGARTALA vs. KALIKA JEWELLERS, AGARTALA

In the result, appeal of the revenue is partly allowed for statistical purposes

ITA 85/GTY/2016[2010-11]Status: DisposedITAT Guwahati09 Nov 2022AY 2010-11

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Manish Borad, Hon’Blei.T.A. No. 85/Gty/2016 Assessment Year: 2010-11 Asstt. Commissioner Of Income M/S. Kalika Jewellers Tax, Circle-Agartala Vs H.G.B. Road Agartala Tripura (W) - 799001 [Pan: Aafj5678K] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sanjay Modi, Fca Revenue By : Shri N.T. Sherpa, Jcit सुनवाई क" तारीख/Date Of Hearing : 06/09/2022 घोषणा क" तारीख /Date Of Pronouncement: 09/11/2022 आदेश/O R D E R Per Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - Shillong, (Hereinafter The “Ld. Cit(A)”) Dt. 03/06/2016, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’) For The Assessment Year 2010-11, On The Following Grounds:- “1. For That The Ld. Cit(A) Has Erred In Deleting The Addition Made By A.O. Of Rs.8,81,708/- On Account Of Unexplained Expenditure. 2. For That The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.4,02,36,806/- Made By A.O. On Account Of Undisclosed Stock. 3. For That The Ld. Cit(A) Has Erred In Deleting The Disallowance Of Rs.16,20,750/- Made By A.O. On Account Of Making Charges U/S 40(A)(Ia). 4. For That The Ld. Cit(A) Has Erred In Deleting The Disallowance Of Rs.1,34,640/- & Rs.83,385/- Made By A.O. On Account Of Advertisement Expense U/S 40(A)(Ia).” 2. Brief Facts Of The Case Are That The Assessee Is A Partnership Firm Engaged In Jewellery Business. Income Of Rs.56,80,854/- Was Declared In The Return Filed On 23/09/2010. The Case Was Manually Selected For Scrutiny Followed By Service Of Notice U/S 143(2) & 143(1) Of The Act. The Ld. Assessing Officer Called For Various

For Appellant: Shri Sanjay Modi, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 131Section 143(2)Section 250Section 40

disallowance of Rs.51,255/- being hit by the provision of Section 40A(3) of the Act since it was paid in cash and this being not in dispute before us by the assessee, needs no adjudication. Now, remains I.T.A. No. 85/GTY/2016 Assessment Year: 2010-11 M/s. Kalika Jewellers 7