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8 results for “disallowance”+ Section 9(1)clear

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Key Topics

Section 8013Section 80I8Deduction5Section 143(3)4Section 43D4Exemption4Addition to Income4Section 139(1)3Section 260

Pr. COMMISSIONER OF INCOME TAX, SHIMLA vs. HP HOUSING AND URBAN DEVELOPMENT AUTHORITY (HIMUDA)

Appeal is dismissed

ITA/35/2019HC Himachal Pradesh22 Dec 2023

Bench: HONOURABLE THE CHIEF JUSTICE MAMIDANNA SATYA RATNA SRI RAMACHANDRA RAO,HON'BLE MS. JUSTICE JYOTSNA REWAL DUA

For Appellant: Ms. Vandana Kuthiala, AdvocateFor Respondent: Mr. Vishal Mohan, Senior Advocate, with
Section 139Section 139(1)Section 143(3)Section 250Section 80Section 80ASection 80I

disallowed relying upon Section 80AC on the ground that return of income had not been filed 15 within the time limit specified under Section 139(1). The issue before the Delhi High Court pertained to order passed in the assessee’s application under Section 119(2)(6) of the Act seeking extension of time for filing of return. The ground

2
Section 1392
Section 542

H.P.STATE CIVIL SUPPLIES CORPORATION vs. ASSTT.COMMISSIONER OF INCOME TAX

ITA/56/2008HC Himachal Pradesh31 Dec 2024

Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,HON'BLE MR. JUSTICE SATYEN VAIDYA

Section 260Section 37Section 37(1)

Section 37(1) of the Income Tax Act, 1961? ix) Whether the Learned Tribunal was justified going beyond the pleadings in issuing the directions for enhancing the income by adding to the income the amount to the extent of which the said deduction has been set off against the liability when such a ground was neither agitated by either party

PR COMMISSIONER OF INCOME TAX vs. THE KANGRA CENTRAL COOPERATIVE BANK LTD

The appeals are dismissed

ITA/82/2018HC Himachal Pradesh07 Dec 2022

Bench: HON'BLE MRS. JUSTICE SABINA,HON'BLE MR. JUSTICE SUSHIL KUKREJA

Section 145Section 36Section 43D

9. Therefore, the assessment year in question in this appeal should have been dealt with by the Department in accordance with the 1952 Circular under which the interest on doubtful loans could not be brought to tax. 10. The decision of the High Court on the first question, having been based on the decision in State Bank of Travancore

PR COMMISSIONER OF INCOME TAX vs. THE KANGRA CENTRAL COOPERATIVE BANK LTD

The appeals are dismissed

ITA/83/2018HC Himachal Pradesh07 Dec 2022

Bench: HON'BLE MRS. JUSTICE SABINA,HON'BLE MR. JUSTICE SUSHIL KUKREJA

Section 145Section 36Section 43D

9. Therefore, the assessment year in question in this appeal should have been dealt with by the Department in accordance with the 1952 Circular under which the interest on doubtful loans could not be brought to tax. 10. The decision of the High Court on the first question, having been based on the decision in State Bank of Travancore

PR COMMISSIONER OF INCOME TAX vs. KESHAV DUTT SHREEDHAR

ITA/11/2020HC Himachal Pradesh27 Dec 2021

Bench: Hon’Ble Ms. Justice Sabina & Hon’Ble Mr. Justice Satyen Vaidya Income Tax Appeal No. 11 Of 2020 Between:- Pr. Commissioner Of Income Tax, Shimla. ….Appellant (By Sh. Vinay Kuthiala, Senior Advocate With Ms. Vandana Kuthiala, Advocate)

Section 143(3)Section 260Section 54

disallowed and total income was assessed at Rs.2,05,36,949/-. The Assessing Officer held that the assessee had neither invested sale proceeds of the asset in new residential house nor he had deposited the capital gains to the capital gain account within the stipulated period. 5. Respondent assailed the above referred order of Assessing Officer before CIT(A), Shimla

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S HYCRON ELECTRONICS THROUGH ITS PROPRIETOR

ITA/12/2021HC Himachal Pradesh20 Sept 2021

Bench: Hon’Ble Mr. Justice Tarlok Singh Chauhan & Hon’Ble Mr. Justice Satyen Vaidya.

Section 143(3)Section 14ASection 154

Section 14A of the Act. It was accordingly opined that interest to the tune of Rs. 15,91,976/- was liable to be disallowed and such omission has resulted in under assessment of Rs. 5,69,930/- (Rs. 15,91,976 - Rs.10,22,046/-). An order u/s 154 of the Act was accordingly passed by A.O on 18.08.2017 whereby addition

PRINCIPAL COMMISSIONER OF INCOME TAX vs. M/S SURYA TEXTECH THROUGH ITS PARTNERS

ITA/18/2021HC Himachal Pradesh05 Oct 2021

Bench: Hon’Ble Mr. Justice Tarlok Singh Chauhan & Hon’Ble Ms. Justice Jyotsna Rewal Dua Income Tax Appeal No.18 Of 2021 Between:- Pr. Commissioner Of Income Tax-1, Aaykar Bhawan, Sector 17-E, Chandigarh. ..….Appellant. (By Sh. Vinay Kuthiala, Senior Advocate With Sh. Diwan Singh Negi, Advocate) & M/S Surya Textech, Vill-Rampur Jattan, P.O. Kala Amb, Nahan, Distt. Sirmour, (H.P) Through Its Partners Sh. Vikas Kansal. ......Respondent. This Appeal Coming On For Admission Before Notice This Day, Hon’Ble Mr. Justice Tarlok Singh Chauhan, Delivered The Following:- J U D G M E N T By Way Of Instant Appeal, The Appellant- Department Seeks To Assail The Order Dated 28.05.2020

Section 143Section 147Section 80I

disallowing deduction under Section 80IC to the extent of income of Rs. 6,44,538/-. 3. The assessee assailed the above noted assessment order before CIT(A) Shimla by way of Appeal No. IT/204/18-19/Sml. The appeal of assessee was allowed vide order dated 28.06.2019. 4. The Appellant-Department assailed the order of CIT(A), Shimla, before the ITAT, Chandigarh

M/s J C International vs. Deputy Commissioner Of Income Tax , Circle Parwanoo

The appeal is allowed in the aforesaid

ITA/2/2025HC Himachal Pradesh04 Jun 2025

Bench: HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN,HON'BLE MR. JUSTICE SUSHIL KUKREJA

Section 80

1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes. ( 2025:HHC:17886 ) 2 eligible for various fiscal and non-fiscal benefits/incentives/exemptions offered by the Central and State Governments under different enactments, including benefit of deduction of profit under Section 80-IC of the Income Tax Act, 1961 (for short ‘the Act’) and, therefore, return