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17 results for “section 68”+ Section 161(1)clear

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Key Topics

Section 6824Section 143(3)21Addition to Income17Deduction13Section 14712Section 80l10Reopening of Assessment10Section 1436Section 153C6

ACCRECENT WAY MARKETING (P) LTD.,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI

ITA 358/GTY/2018[2010-11]Status: DisposedITAT Guwahati09 Jun 2025AY 2010-11

Bench: Shri Manomohan Das & Shri Rakesh Mishra

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 251Section 68

Section 68 in this case is highly irregular and against the provisions of law. The Assessment Order may therefore be struck down as illegal. Ground 3: For that the Learned CIT(A) has failed to appreciate the facts and circumstances of the claim for deduction raised before her in regard to liability of 5,11,68,800/- which

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 3, GUWAHATI vs. M/S. SATYAM ISPAT (NORTH EAST) LIMITED, BANDERDEWA

Section 80I4
Unexplained Cash Credit4
Section 2503

In the result, the appeals filed by the Revenue for AY 2011-

ITA 86/GTY/2017[2011-12]Status: DisposedITAT Guwahati03 Mar 2023AY 2011-12

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 132Section 133(6)Section 139Section 143(2)Section 153CSection 250Section 68Section 80I

161 (SC), we note that Hon’ble Supreme Court in para 8.2 of the said decision has made the following observations: “8.2 As per settled law, the initial onus is on the Assessee to establish by cogent evidence the genuineness of the transaction, and credit- worthiness of the investors under Section 68 of the Act. The assessee is expected

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- 3, GUWAHATI vs. M/S. SATYAM ISPAT (NORTH EAST) LIMITED, BANDERDEWA

In the result, the appeals filed by the Revenue for AY 2011-

ITA 87/GTY/2017[2012-13]Status: DisposedITAT Guwahati03 Mar 2023AY 2012-13

Bench: Sri Rajpal Yadav(Kz) & Dr. Manish Borad

Section 132Section 133(6)Section 139Section 143(2)Section 153CSection 250Section 68Section 80I

161 (SC), we note that Hon’ble Supreme Court in para 8.2 of the said decision has made the following observations: “8.2 As per settled law, the initial onus is on the Assessee to establish by cogent evidence the genuineness of the transaction, and credit- worthiness of the investors under Section 68 of the Act. The assessee is expected

DCIT,CENTRAL CIRCLE-1, GUWAHATI vs. SATISH JALAN, SHILLONG

Appeal of the Revenue is allowed for statistical purposes

ITA 62/GTY/2025[2017-18]Status: DisposedITAT Guwahati17 Nov 2025AY 2017-18

Bench: Hon'Ble Itat. 3. There Are Currently More Than 300 Time Barred Assessment & 200 Penalty Cases Are Pending In This Office. Due To Shortage Of Manpower It Was Delayed In The Filing Of Appeal Before Hon'Ble Itat.

Section 131Section 250Section 68

1. The Ld. CIT(A) erred in deleting the addition of 2,50,00,000/- made by the Assessing Officer under Section 68 of the Income Tax Act, 1961, without properly appreciating the fact that the assessee failed to substantiate the genuineness and creditworthiness of the lender, Mr. Aloysius Arengh. The lender did not comply with summons issued under

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 93/GTY/2017[2009-10]Status: DisposedITAT Guwahati06 Sept 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 94/GTY/2017[2010-11]Status: DisposedITAT Guwahati06 Sept 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

JUD CEMENT LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME, CIRCLE - SHILLONG , SHILLONG

Appeals are allowed in view of our foregoing detailed discussions

ITA 39/GTY/2017[2006-07]Status: DisposedITAT Guwahati06 Sept 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 76/GTY/2017[2012-13]Status: DisposedITAT Guwahati06 Sept 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 77/GTY/2017[2013-14]Status: DisposedITAT Guwahati06 Sept 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 96/GTY/2017[2013-14]Status: DisposedITAT Guwahati06 Sept 2019AY 2013-14

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

M/S. SMS SMELTERS LIMITED,NAHARLAGUN vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI

Appeals are allowed in view of our foregoing detailed discussions

ITA 95/GTY/2017[2012-13]Status: DisposedITAT Guwahati06 Sept 2019AY 2012-13

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

JUD CEMENT LIMITED,SHILLONG vs. ASSISTANT COMMISSIONER OF INCOME, CIRCLE - SHILLONG , SHILLONG

Appeals are allowed in view of our foregoing detailed discussions

ITA 40/GTY/2017[2008-09]Status: DisposedITAT Guwahati06 Sept 2019AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 69/GTY/2017[2007-08]Status: DisposedITAT Guwahati06 Sept 2019AY 2007-08

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. SMS SMELTERS LIMITED, NAHARLAGUN

Appeals are allowed in view of our foregoing detailed discussions

ITA 91/GTY/2017[2006-07]Status: DisposedITAT Guwahati06 Sept 2019AY 2006-07

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 147Section 68Section 80l

1,02,50,000/- made by Assessing Officer vide following detailed discussion:- “5.1 The appellant, apart from relying upon the facts, has raised a legal contention stating that the addition of Rs.1,02,50,000/- made on account of share capital was beyond the scope and ambit of section 147 of Income Tax Act, 1961. According to the appellant

MANOJ ANAND,GUWAHATI vs. ITO W-2(2) GHY, GUWAHATI

In the result, the appeal of the assessee is allowed

ITA 273/GTY/2024[2018-19]Status: DisposedITAT Guwahati02 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Manomohan Das, Jm Manoj Anand Ito W-2(2), Ghy Flat 4D, Garima Grand, Aaykar Bhawan, Christian Basti, Departmental Representative B. G.S. Road, Guwahati-781005, Vs. Baruah Road, Guwahati-781007, Assam Assam (Appellant) (Respondent) Pan No. Agbpa9883C

For Appellant: Shri Miraj D Shah, ARFor Respondent: Shri Sanjay Jha, DR
Section 144BSection 147Section 148Section 68

1 (SC) and Roshan-Di-hatti Vs. CIT (1977) 107 ITR 938, Nemi Chand Kothari Vs. CIT (2003) 264 ITR 254, PCIT Vs. Sreeleathers (2022) 448 ITR 332. 3.4. The ld. AR also submitted that the assessment framed by the ld. AO is bad in law even on the ground of violation of natural justice. The ld. AR submitted that

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. A. T. C. REALTORS PVT. LTD., GUWAHATI

In the result, both the appeals of the Revenue are dismissed

ITA 170/GTY/2018[2013-14]Status: DisposedITAT Guwahati10 Jul 2019AY 2013-14

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Aayakr Apila Sam./ Ita No. 169/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) Aayakr Apila Sam./ Ita No. 170/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Dy. Commissioner Of Income-Tax, M/S Atc Realtors Pvt. Ltd. Circle-4, Aayakar Bhwawan, 5Th C/O. Atc Assam Ltd, Kedar Vs. Floor, Christanbasti, G.S. Road, Road, Machkhowa, Guwahati-781005 Guwahati-781001 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थायी ऱेखा सं./Pan No. Aagca5209A

For Appellant: Shri Sandeep Sengupta, JCITFor Respondent: Shri Somnath Ghosh, Advocate
Section 143Section 22

161 ItR 234 (Bombay) CIT vs. New India Maritime Agencies (P) Ltd. 256 ITR 513 (Madras) Rampur Industries Ltd. vs. CIT 82 ITR 23 (Allahabad) Attukal Shopping Complex P. Ltd. vs. CIT 259 ITR 567 (Kerala) CIT vs. Mithila Properties Publication & Contractor Enterprises (P) Ltd 228 ITR 713 The following observation made by the Hon'ble Madras High Court

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 4, GUWAHATI vs. M/S. A. T. C. REALTORS PVT. LTD., GUWAHATI

In the result, both the appeals of the Revenue are dismissed

ITA 169/GTY/2018[2012-13]Status: DisposedITAT Guwahati10 Jul 2019AY 2012-13

Bench: Sri S.S. Godara, Jm & Dr. A.L. Saini, Am Aayakr Apila Sam./ Ita No. 169/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2012-13) Aayakr Apila Sam./ Ita No. 170/Gau/2018 (Inaqa-Arna Baya- / Assessment Year 2013-14) Dy. Commissioner Of Income-Tax, M/S Atc Realtors Pvt. Ltd. Circle-4, Aayakar Bhwawan, 5Th C/O. Atc Assam Ltd, Kedar Vs. Floor, Christanbasti, G.S. Road, Road, Machkhowa, Guwahati-781005 Guwahati-781001 (Apilaaqai- / Appellant) .. (P`%Yaqaai- / Respondent) स्थायी ऱेखा सं./Pan No. Aagca5209A

For Appellant: Shri Sandeep Sengupta, JCITFor Respondent: Shri Somnath Ghosh, Advocate
Section 143Section 22

161 ItR 234 (Bombay) CIT vs. New India Maritime Agencies (P) Ltd. 256 ITR 513 (Madras) Rampur Industries Ltd. vs. CIT 82 ITR 23 (Allahabad) Attukal Shopping Complex P. Ltd. vs. CIT 259 ITR 567 (Kerala) CIT vs. Mithila Properties Publication & Contractor Enterprises (P) Ltd 228 ITR 713 The following observation made by the Hon'ble Madras High Court