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15 results for “section 68”+ Section 145(3)clear

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Key Topics

Section 153A27Section 143(3)13Section 143(2)13Addition to Income10Section 689Section 1476Section 153C6Section 69A6Section 1326Reopening of Assessment

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

68,972/-. Furthermore, it is also a matter of fact that all the aforesaid statements of the third parties were recorded behind the back of the Appellant and therefore these statements could not be the basis for making the impugned disallowance. It is evident that in the case on hand, the work awarded to the Appellant by the three

6
Unexplained Cash Credit3
Reassessment2

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

68,972/-. Furthermore, it is also a matter of fact that all the aforesaid statements of the third parties were recorded behind the back of the Appellant and therefore these statements could not be the basis for making the impugned disallowance. It is evident that in the case on hand, the work awarded to the Appellant by the three

AMIT KUMAR,DELHI vs. INCOME TAX OFFICER, WARD 1(1), GUWAHATI, INCOME TAS OFFICER

ITA 33/GTY/2024[2021-22]Status: DisposedITAT Guwahati25 Jun 2025AY 2021-22

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

Section 133(6)Section 250Section 69CSection 70

68, read with section 147 of the Income-tax Act, 1961 Cash credit (Share capital) - Assessment year 2010-11 - Assessee-company was engaged in business of dying of cloth on job-work basis - It filed return declaring certain taxable income Assessing Officer passed an order of assessment under section 143(3) - Subsequently, Investigation Wing of Department supplied

AMIT KUMAR,DELHI vs. INCOME TAX OFFICER, WARD 1(1), GUWAHATI, INCOME TAX OFFICER

ITA 32/GTY/2024[2017-18]Status: DisposedITAT Guwahati25 Jun 2025AY 2017-18

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

Section 133(6)Section 250Section 69CSection 70

68, read with section 147 of the Income-tax Act, 1961 Cash credit (Share capital) - Assessment year 2010-11 - Assessee-company was engaged in business of dying of cloth on job-work basis - It filed return declaring certain taxable income Assessing Officer passed an order of assessment under section 143(3) - Subsequently, Investigation Wing of Department supplied

NILKANTHA SAHA,MORIGAON vs. INCOME TAX OFFICER, WARD-MORIGAON, MORIGAON

In the result, the appeal of the assessee is allowed

ITA 88/GTY/2020[2017-18]Status: DisposedITAT Guwahati17 Feb 2021AY 2017-18

Bench: Shri A. T. Varkey, Jm]

Section 133Section 133ASection 68

Section of the Act can be made as it would be a double addition. In the result, we delete the addition made and allow its claim of the assessee." [Emphasis by me] 8. Relying on the ratio of the above decision of the Tribunal, the Ld. A.R submits that in this case, when the AO had accepted

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. SRKM STEEL (P) LTD, GUWAHATI

In the result, the appeal of the Revenue is dismissed

ITA 168/GTY/2020[2017-18]Status: DisposedITAT Guwahati18 Dec 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Asst. Commissioner Of Income Srkm Steel (P) Ltd. Tax, Circle-1 Lokhra Road Babylon, Post Aayakar Bhawan, G.S. Road, Office-Sawkuchi, Guwahati- Vs. Christian Basti, 781034, Assam Guwahati-781005, 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: 15.12.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Santosh Kumar Karnani, DR
Section 143(2)Section 68

68 of the Act. Similarly, the case of assessee is squarely covered by the decision of the Hon’ble Gujarat High Court in the case of Ambe Tradecorp (P.) Ltd., reported SRKM Steel (P) Ltd.; A.Y. 2017-18 in [2022] 145 taxmann.com 27 (Gujarat), wherein it has been held as under :- "3. The issue in this case arose in respect

M/S. K. B. ASSOCIATES,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

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

ITA 472/GTY/2019[2016-17]Status: DisposedITAT Guwahati29 Dec 2022AY 2016-17

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradi.T.A. No.472/Gty/2019 Assessment Year: 2016-17 M/S K. B. Associates.....…………………………....................……….……Appellant Nilomani Phukan Path, Christian Basti, Guwahati-781005. [Pan: Aajfk6526E] Vs. Dcit, Circle-3, Guwahati……..….…..….........……........……...…..…..Respondent Appearances By: None Appeared On Behalf Of The Appellant. I. Gyaneshori Devi, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 19, 2022 Date Of Pronouncing The Order : December 29, 2022 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To Assessment Year 2016-17 Is Directed Against The Order Of The Ld. Commissioner Of Income Tax(Appeals)-2, Guwahati [Hereinafter Referred To As ‘Cit(A)’] Dated 30.09.2019 Is Arising Out Of The Order U/S 143(3) Of The Act Dated 08.12.2018. 2. When The Case Was Called, None Appeared On Behalf Of The Assessee. A Perusal Of The Appeal File Shows That Even After Providing Opportunity, The Assessee Failed To Appear. It Seems That Assessee Is Not Interested To Pursue The Appeal. We, Therefore, Decide To Hear This Appeal With The Assistance Of The Ld. Departmental Representative & Adjudicate The Same On Merits.

Section 143(2)Section 143(3)Section 144Section 234A

145(3) of the Act and based on the TDS details available on Form 26AS showing the receipts at Rs. 2,60,71,952/-, ld. A.O estimated the net profit @50% of the total turnover and calculated the estimated net profit at Rs.1,30,35,976/-. Since the assessee has shown net profit @18.43%, a difference of the said amount

SUBHASH CHAND CHORARIA,GUWAHATI vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 2, GUWAHATI

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

ITA 63/GTY/2024[2017-18]Status: DisposedITAT Guwahati16 Oct 2025AY 2017-18

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 115BSection 143(2)Section 143(3)Section 250Section 69A

145/- as on 31.03.2016, the return for which was filed on 22.11.2016 and the same does not appear to have I.T.A. No.: 63/GTY/2024 Assessment Year: 2017-18 Subhash Chand Choraria. been examined under scrutiny. Although the Ld. AR is correct in stating that there is no limit as to how much cash can be kept at home but the regular

RAITANI ENGINEERING WORKS (P) LTD,GUWAHATI vs. JOINT COMMISSIONER OF INCOME TAX, RANGE-3, GUWAHATI

Appeal is partly allowed in above terms

ITA 85/GTY/2014[2010-11]Status: DisposedITAT Guwahati06 Sept 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11 Raitani Engineering Works V/S. Jcut, Range-3, (P) Ltd., Railway Colony, Aayakar Bhawan, Pan Bazar, Guwahati- G.S. Road, Christan 781001 Basti, Guwahati- [Pan No.Aaacr 6691 K] 781005 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Somnath Ghosh, Advocate अपीलाथ" क" ओर से/By Assessee Shri Rabindro Singh, Jcit, Dr ""यथ" क" ओर से/By Respondent 02-07-2019 सुनवाई क" तार"ख/Date Of Hearing 06-09-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Bench:- This Assessee’S Appeal For Assessment Year 2010-11 Arises Against The Commissioner Of Income Tax (Appeals)-Guwahati’S Order Dated 19.02.2014 Passed In Case No.Guwa-60/2013-14, Involving Proceedings U/S 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’). Heard Both The Parties. The Assessee’S Detailed Paper Book Running Into 132 Pages Comprising Of Various Documents, The Assessing Officer’S Notice During Scrutiny, Cash Book Of Assessee’S Head Office, Computation, Financial Statements; Stands Perused.

Section 143(3)Section 145

3) of the Income Tax Act, 1961; in short ‘the Act’). Heard both the parties. The assessee’s detailed paper book running into 132 pages comprising of various documents, the Assessing Officer’s notice during scrutiny, cash book of assessee’s head office, computation, financial statements; stands perused. 2. The assessee’s former substantive ground challenges correctness of the lower

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, GUWAHATI vs. FORTUNE VANIJYA PRIVATE LIMITED, GUWAHATI

In the result both the appeal of the Revenue and the cross objections of the assessee stands partly allowed

ITA 21/GTY/2021[2011-12]Status: DisposedITAT Guwahati10 Dec 2021AY 2011-12

Bench: Shri P.M. Jagtap, Hon’Ble V.P (Kz) & Shri A. T. Varkey, Jm]

Section 132Section 132(4)Section 142(1)Section 153ASection 153CSection 68

68 of the Act. On appeal, the assessee challenged the validity of jurisdiction exercised by the AO u/s 153C of the Act on several grounds inter alia including that these seized documents cannot be said to be incriminating to justify additions made u/s 68 of the Act in the unabated assessments of the assessee. The Hon’ble High Court found

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. GOLD STONE CEMENTS LIMITED, EAST JAINTIA HILLS

ITA 126/GTY/2020[2011-12]Status: DisposedITAT Guwahati10 Dec 2021AY 2011-12

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

3,01,00,000 2013-14 11,85,00,000 2014-15 22,22,99,970 2015-16 1,79,99,995 2016-17 1,01,99,989 2017-18 34,69,54,848 4. In response, the assessee furnished detailed explanation along with supporting documents which are available at Pages 207 to 335 of the paper-book

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. GOLD STONE CEMENTS LIMITED, EAST JAINTIA HILLS

ITA 128/GTY/2020[2013-14]Status: DisposedITAT Guwahati10 Dec 2021AY 2013-14

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

3,01,00,000 2013-14 11,85,00,000 2014-15 22,22,99,970 2015-16 1,79,99,995 2016-17 1,01,99,989 2017-18 34,69,54,848 4. In response, the assessee furnished detailed explanation along with supporting documents which are available at Pages 207 to 335 of the paper-book

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. GOLD STONE CEMENTS LIMITED, EAST JAINTIA HILLS

ITA 130/GTY/2020[2015-16]Status: DisposedITAT Guwahati10 Dec 2021AY 2015-16

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

3,01,00,000 2013-14 11,85,00,000 2014-15 22,22,99,970 2015-16 1,79,99,995 2016-17 1,01,99,989 2017-18 34,69,54,848 4. In response, the assessee furnished detailed explanation along with supporting documents which are available at Pages 207 to 335 of the paper-book

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. GOLD STONE CEMENTS LIMITED, EAST JAINTIA HILLS

ITA 127/GTY/2020[2012-13]Status: DisposedITAT Guwahati10 Dec 2021AY 2012-13

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

3,01,00,000 2013-14 11,85,00,000 2014-15 22,22,99,970 2015-16 1,79,99,995 2016-17 1,01,99,989 2017-18 34,69,54,848 4. In response, the assessee furnished detailed explanation along with supporting documents which are available at Pages 207 to 335 of the paper-book

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, GUWAHATI vs. GOLD STONE CEMENTS LIMITED, EAST JAINTIA HILLS

ITA 129/GTY/2020[2014-15]Status: DisposedITAT Guwahati10 Dec 2021AY 2014-15

Bench: Shri P.M. Jagtap(Kz) & Shri A. T. Varkey, Jm]

Section 132Section 142(1)Section 143(2)Section 143(3)Section 153A

3,01,00,000 2013-14 11,85,00,000 2014-15 22,22,99,970 2015-16 1,79,99,995 2016-17 1,01,99,989 2017-18 34,69,54,848 4. In response, the assessee furnished detailed explanation along with supporting documents which are available at Pages 207 to 335 of the paper-book