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16 results for “disallowance”+ Section 40A(9)clear

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Key Topics

Section 153C27Section 40A(3)20Addition to Income16Disallowance13Section 25012Section 689Section 369Depreciation9Section 80I5Section 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 804
Deduction3

9. Ground No. 2 raised by the assessee relates to the confirmation of disallowance of Rs.18,16,738/- made by the AO u/s 40A(3) of the Act. 10. The ld. A/R submitted that assessee has undertaken various casting jobs and for which assessee has required raw materials such as stones, chips, boulders and sand for completion of the work

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

9 I.T.A. No.425/Gau/2019 M/s G. D Marketing Pvt. Ltd Assessment Year: 2015-16 5. So far as the contention of the ld. DR that the corresponding amendment has been made to the Proviso to Section 40A(2) is concerned, the relevant part of the said amended provision is reproduced as under: “Provided that for an assessment year commencing

INCOME TAX OFFICER WARD-4(2), GUWAHATI vs. M/S. KISHLAY FOOD (P) LTD, GUWAHATI

In the result, the appeal is allowed

ITA 232/GTY/2018[2010-11]Status: DisposedITAT Guwahati13 Dec 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L.Sainiassessment Year :2011-12

Section 143(3)Section 14ASection 250(6)Section 43BSection 80Section 80ISection 80l

sections 32, 40(a)(ia), 40A(3), 43B, etc. of the Act and other specific disallowances, related to the business activity against which the Chapter VI-A deduction has been claimed, result in enhancement of the profits of the eligible business, and that deduction under Chapter VI-A is admissible on the profits so enhanced by the disallowance." 4. Accordingly

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

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

Section 40A(3) of the IT Act. The said disallowance is a statutory disallowance and the AO has no discretion in this regard. The Appellant also did not elaborate whether the payments fall under any exceptions. Hence, it can be concluded that the AO has rightfully disallowed the payments. Thus, the disallowance u/s 40A(3) of the IT Act amounting

ASHOK MOTORS,TEZPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-TEZPUR, TEZPUR

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

ITA 189/GTY/2019[2015-16]Status: DisposedITAT Guwahati31 Jul 2020AY 2015-16

Bench: Shri A. T. Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.189/Gau/2019 ("नधा"रणवष" / Assessment Year:2015-16)

For Appellant: Shri P.C. Bothra, AdvocateFor Respondent: Shri Jayanta Mridha, JCIT, Sr. DR
Section 143(3)Section 40A(3)

section 40A(3) of the Act. On appeal, ld. CIT(A) confirmed the addition made by the Assessing Officer. During the appellate proceedings, the ld. CIT(A) called the remand report, but assessee did not submit the relevant documents, therefore addition made by the assessing officer should be sustained. 4. We heard both the parties and carefully gone through

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

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

9. Ground No. 3: This ground relates to disallowance made u/s 40(a)(ia) of the Act, for non-deduction of tax at source on making charge of Rs. 16,20,750/-. We find that the appellant has furnished copy of the certificate prescribed in Form No. 26A, dt. 05/05/2015, issued by chartered accountant to the effect that the payee

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)

9. In real estate projects revenue is recognized as per the Percentage of Completion method as specified in Accounting Standard 7 issued by the Institute of Chartered Accountants of India. I have gone through the conditions mentioned in AS 7 for recognition of Revenue. One of them being: At least 25% of saleable project area is secured by contracts