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30 results for “depreciation”+ Section 145(3)clear

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Key Topics

Section 80I33Section 143(3)26Section 14822Addition to Income22Disallowance19Section 14A16Deduction15Depreciation13Section 153C12Section 143(2)

COUNTRY CLUB HOSPITALITY & HOLIDAYS LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

In the result, the appeal filed by the assessee is partly allowed

ITA 1480/HYD/2025[2011-12]Status: DisposedITAT Hyderabad27 Mar 2026AY 2011-12
Section 139Section 143(2)Section 143(3)Section 147Section 148Section 149Section 250

depreciation and allowances are dealt with in Section 32. Therefore, Parliament has used the expression "any expenditure" in Section 37 to cover both. Therefore, the expression "expenditure" as used in Section 37 may, in the circumstances of a particular case, cover an amount which is really a "loss" even though the said amount has not gone out from the pocket

Showing 1–20 of 30 · Page 1 of 2

12
Section 14711
Section 801A10

BSCPL AURANG TOLLWAY LIMITED,HYDERABAD vs. DCIT., CIRCLE-1(1), HYDERABAD

In the result, the appeal filed by the assessee is dismissed

ITA 612/HYD/2024[2018-19]Status: DisposedITAT Hyderabad28 Jan 2026AY 2018-19

Bench: the Tribunal. The assessee has filed an affidavit explaining the reasons for the delay, wherein it was submitted that the appeal for the relevant assessment year was required to be filed within 60 days from the date of receipt of the order passed under Section 263 of the Income-tax Act, 1961. However, the

Section 143(3)Section 263

145, has clearly held that, the right to collect toll revenue as per the concession agreement does not give rise to any intangible asset or any other business or commercial rights of similar nature as defined under Section 32(1)(ii) of the Act, and thus the assessee cannot claim depreciation. The Ld. CIT-DR, further referring to the decision

MADHUCON PROJECTS LTD, HYDERABAD,HYDERABAD vs. DCIT, CENTRAL CIRCLE-3, HYD, HYDERABAD

ITA 1326/HYD/2015[2005-06]Status: DisposedITAT Hyderabad02 Mar 2023AY 2005-06

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Jeevan Lal Lavidiya
Section 132Section 153ASection 254(2)Section 801ASection 80I

depreciation accordingly. Hence, this ground of appeal is partly allowed. 15. The assessee challenged the order passed under section 250 with reference to section 143(3) r.w.s. 263 of the Income Tax Act 1961 by the ld.CIT(A) dt.27.05.2011 before the ITAT. The grounds of appeal raised by the assessee in the appeal under section 250 with reference to section

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

ITA 1938/HYD/2014[2006-07]Status: DisposedITAT Hyderabad02 Mar 2023AY 2006-07

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Jeevan Lal Lavidiya
Section 132Section 153ASection 254(2)Section 801ASection 80I

depreciation accordingly. Hence, this ground of appeal is partly allowed. 15. The assessee challenged the order passed under section 250 with reference to section 143(3) r.w.s. 263 of the Income Tax Act 1961 by the ld.CIT(A) dt.27.05.2011 before the ITAT. The grounds of appeal raised by the assessee in the appeal under section 250 with reference to section

MADHUCON PROJECTS LIMITED,HYDERABAD vs. DCIT., CENTRAL CIRCLE-3, HYDERABAD, HYDERABAD

ITA 1937/HYD/2014[2005-06]Status: DisposedITAT Hyderabad02 Mar 2023AY 2005-06

Bench: Shri R.K. Panda & Shri Laliet Kumar

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Jeevan Lal Lavidiya
Section 132Section 153ASection 254(2)Section 801ASection 80I

depreciation accordingly. Hence, this ground of appeal is partly allowed. 15. The assessee challenged the order passed under section 250 with reference to section 143(3) r.w.s. 263 of the Income Tax Act 1961 by the ld.CIT(A) dt.27.05.2011 before the ITAT. The grounds of appeal raised by the assessee in the appeal under section 250 with reference to section

VIRCHOW PETROCHEMICAL PRIVATE LIMITED,HYDERABAD vs. ACIT., CENTRAL CIRCLE-8(1), HYDERABAD

ITA 1191/HYD/2025[2015-16]Status: DisposedITAT Hyderabad26 Feb 2026AY 2015-16
For Appellant: \nShri M.V. Prasad, CAFor Respondent: \nMs. U. Mini Chandran
Section 143(3)Section 147Section 148Section 250

section 143(3) of the Act, dated 11/12/2018, had not looked into\nthe assessee's claim for depreciation/additional depreciation on solar\npower plant and thus, not formed any opinion on the said claim,\ntherefore, there can be no issue of any change of opinion by the\nsuccessor AO on the said issue on which no opinion was earlier formed.\nThe

SKANDA BUILDERS,KURNOOL vs. ACIT., CENTRAL CIRCLE-2(3), HYDERABAD

ITA 530/HYD/2025[2019-20]Status: DisposedITAT Hyderabad20 Aug 2025AY 2019-20

Sections 132(4A) and\n292C of the Income Tax Act create a rebuttable presumption that documents\nfound during a search belong to the assessee and are true. Courts have\nconsistently held that selective reliance on seized material is unjustified\nunless the contents are independently proved against the\n\nITA.Nos.514 to 539/Hyd./2025,\nAnd ITA.Nos.308 to 311/Hyd./2025

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

ITA 1084/HYD/2024[2018-19]Status: DisposedITAT Hyderabad21 Jan 2026AY 2018-19
For Appellant: Shri Sourabh Soparkar, Advocate Represented by Department : Dr. Narendra Kumar NFor Respondent: Dr. Narendra Kumar Naik, CIT-DR Date of Conclusion of Hearing : 11/11/2025
Section 143(3)Section 144BSection 14ASection 68Section 80Section 801ASection 80GSection 92C

145 & 482/Hyd/2022, dated 16/08/2023, wherein it has been held that there is no blanket prohibition under the Income-tax Act against allowing deduction under section 80G in respect of CSR-related donations, except in cases specifically barred under section 80G(2)(iiihk) and section 80G(2)(iiihl). For the sake of clarity, we deem it apposite to cull

OCEAN SPARKLE LIMITED,HYDERABAD vs. DCIT., CIRCLE 5(1), HYDERABAD

In the result, appeal of the assessee is dismissed

ITA 1030/HYD/2024[2010-11]Status: DisposedITAT Hyderabad06 Aug 2025AY 2010-11

Bench: Shri Vijay Pal Rao & Shri Manjunatha G

For Appellant: Sri Sourabh Soparkar, AdvocateFor Respondent: Shri Gurpreet Singh, Sr. AR
Section 115JSection 143(2)Section 143(3)Section 14ASection 263Section 801A

depreciation and allowances are dealt with in section 32. Therefore, the Parliament has used the expression 'any expenditure in section 37 to cover both. Therefore, the expression 'expenditure' as used in section 37 may, in the circumstances of a particular case, cover an amount which is really a "loss', even though said amount has not gone out from the pocket

ACIT., CIRCLE-5(1), HYDERABAD vs. PENNA CEMENT INDUSTRIES LIMITED, HYDERABAD

ITA 1083/HYD/2024[2017-18]Status: DisposedITAT Hyderabad21 Jan 2026AY 2017-18
Section 143(3)Section 144BSection 14ASection 68Section 80Section 801ASection 80GSection 92C

145 & 482/Hyd/2022, dated\n16/08/2023, wherein it has been held that there is no blanket prohibition\nunder the Income-tax Act against allowing deduction under section 80G\nin respect of CSR-related donations, except in cases specifically barred\nunder section 80G(2)(iiihk) and section 80G(2)(iiihl). For the sake of\nclarity, we deem it apposite to cull

SRINATH REDDY NALLA ,HYDERABAD vs. INCOME TAX OFFICER, WARD-6(2), HYDERABAD

In the result, the appeal of the assessee is dismissed

ITA 1233/HYD/2019[2013-14]Status: DisposedITAT Hyderabad18 Oct 2022AY 2013-14

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2013-14 Shri Srinath Reddy Nalla, Vs. Income Tax Officer, R/O.Hyderabad. Ward – 6(2), Pan : Aagpn8178E. Hyderabad (Appellant) (Respondent) Assessee By: Shri A. Srinivas, Ca Revenue By: Shri Kumar Aditya Date Of Hearing: 17/10/2022 Date Of Pronouncement: 18/10/2022 O R D E R Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2019 Passed By The Learned Commissioner Of Income Tax (Appeal) – 6, Hyderabad Relating To A.Y.2013-14. Ita 1233/Hyd/2019

For Appellant: Shri A. Srinivas, CAFor Respondent: Shri Kumar Aditya
Section 144Section 145(3)Section 50

section 145(3) of the Act. Page 3 of 12 ITA 1233/Hyd/2019 6. Per contra, the ld. DR had drawn our attention to the order passed by the ld.CIT(A) and also the order passed by the Assessing Officer. It was the case of the Revenue that despite various opportunities, the assessee failed to produce the sale bills and vouchers

TOUCH TONE TELESERVICES,HYDERABAD vs. ITO., WARD-4(1), HYDERABAD

ITA 987/HYD/2025[2017-18]Status: DisposedITAT Hyderabad19 Nov 2025AY 2017-18

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No. 987/Hyd/2025 (निर्धारण वर्ा/Assessment Year: 2017-18) Touch Tone Teleservices, Vs. Income Tax Officer, H. No. 3-6-550/4, 1St Floor, Ward-4(1), Street No.7, Himayatnagar, Hyderabad. Hyderabad. Pan: Aacft5196N (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Sri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By: Sri Gurpreet Singh, Sr.Ar सुिवधई की तधरीख/Date Of Hearing: 16/10/2025 घोर्णध की तधरीख/Date Of 19/11/2025 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Firm Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, Dated 27/02/2025, Which In Turn Arises From The Order Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 27/12/2019. The Assessee Firm Has Assailed The Impugned Order On The Following Grounds Of Appeal:

For Appellant: Sri S. Rama Rao, AdvocateFor Respondent: Sri Gurpreet Singh, Sr.AR
Section 114Section 143(2)Section 143(3)Section 145(3)

Section 145(3) of the Income- tax Act, 1961 without properly appreciating the facts and the submissions of the appellant. 3. The learned CIT(A) erred in law and on facts in estimating the appellant’s income at 8% of the gross receipts, which is arbitrary, excessive, and without any cogent basis. 4. The learned CIT(A) grossly erred

KMC CONTRUCTIONS LIMITED, HYDERABAD,HYDERABAD vs. ADDL. CIT, RANGE-2, HYDERABAD, HYDERABAD

In the result, the appeal of Revenue is dismissed, and the appeal of assessee is partly allowed

ITA 1734/HYD/2016[2011-12]Status: DisposedITAT Hyderabad11 Jan 2024AY 2011-12

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Shri K. Madhusudan, CIT-DR
Section 145(3)

145(3) are to be applied, the books of account are to be rejected and the income from contracts is to be estimated. 7.17. The next question is determination of the rate of profit. Elsewhere in the order a statement is appended showing that the profit rate of 12.5% (before depreciation) on the own contract works; 7.5% in respect

DCIT, CIRCLE-2(1), HYDERABAD, HYDERABAD vs. KMC CONSTRUCTIONS LIMITED, HYDERABAD, HYDERABAD

In the result, the appeal of Revenue is dismissed, and the appeal of assessee is partly allowed

ITA 32/HYD/2017[2011-12]Status: DisposedITAT Hyderabad11 Jan 2024AY 2011-12

Bench: Shri Rama Kanta Panda & Shri K. Narasimha Chary

For Appellant: Shri S. Rama Rao, ARFor Respondent: Shri K. Madhusudan, CIT-DR
Section 145(3)

145(3) are to be applied, the books of account are to be rejected and the income from contracts is to be estimated. 7.17. The next question is determination of the rate of profit. Elsewhere in the order a statement is appended showing that the profit rate of 12.5% (before depreciation) on the own contract works; 7.5% in respect

DCIT, CIRCLE-17(1), HYD, HYDERABAD vs. ECI ENGINEERING & CONSTRUCTION CO. LTD., HYD, HYDERABAD

In the result, the appeal of the assessee is allowed

ITA 930/HYD/2016[2006-07]Status: DisposedITAT Hyderabad15 May 2023AY 2006-07

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2006-07 The Asst. Commissioner Of Vs. M/S. Eci Engineering & Income Tax, Construction Co., Ltd., Circle 17(1), Hyderabad. Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Ita 968/Hyd/2016 Assessment Year 2006-07 M/S. Eci Engineering & Vs. The Asst. Commissioner Of Construction Co., Ltd., Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Assessee By: Shri K.C. Devdas Revenue By: Shri K.P.R.R. Murthy. Date Of Hearing: 27.03.2023 Date Of Pronouncement: 15.05.2023 O R D E R Per Laliet Kumar, J.M. These Two Appeals Filed By The Assessee & The Revenue, Respectively, Are Directed Against The Order Of Commissioner Of Income Tax (Appeals) – 5, Hyderabad Dated 30.03.2016 For The Assessment Year 2006-07. 2. The Abridged Grounds Raised By The Assessee In Ita No.968/Hyd/2016 Read As Under : “1. The Order Of Ld.Cit(A) - 5 Is Erroneous In Law In Facts & In Law. 2. The Ld.Cit(A) Erred In Upholding The Decision Of The Ld.Ao In Treating Sale Of Partly Paid Up Shares As Fully Paid & Confirming The Addition Of Rs.50,14,625/- As Long Term Capital Gain. 3. The Ld.Cit(A) Erred In Confirming The Addition Of Rs.27,69,422/- Towards Difference In Interest. 4. Further, The Ld.Cit(A) Failed To Observe That The Notes To Financial Statements Clearly Mentioned The Interest Income Which Pertained To The Previous Year & Accordingly Erred In Upholding The Action Of The Ld.Ao In Assessing The Difference In Interest Of Rs.27,69,422/-. 5. The Ld.Cit(A) Erred In Confirming The Addition Of Difference Of Prior Period Income Of Rs.1,26,71,371/-.”

For Appellant: Shri K.C. DevdasFor Respondent: Shri K.P.R.R. Murthy
Section 143(1)Section 143(3)Section 148Section 40

section 148 of the Income tax Act. No interference of this Court is called for in exercise of powers under article 136 of the Constitution of India. 2. With this, the Special Leave petition stands dismissed. of. 3. Pending application(s), if any, shall stand disposed of." 12. Referring to the following decisions, he submitted that no notice

ECI ENGINEERING & CONSTRUCTION COMPANY LTD., HYD,HYDERABAD vs. ACIT, CIRCLE-2(2), HYD, HYDERABAD

In the result, the appeal of the assessee is allowed

ITA 968/HYD/2016[2006-07]Status: DisposedITAT Hyderabad15 May 2023AY 2006-07

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2006-07 The Asst. Commissioner Of Vs. M/S. Eci Engineering & Income Tax, Construction Co., Ltd., Circle 17(1), Hyderabad. Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Ita 968/Hyd/2016 Assessment Year 2006-07 M/S. Eci Engineering & Vs. The Asst. Commissioner Of Construction Co., Ltd., Income Tax, Hyderabad. Circle 2(2), Hyderabad. Pan : Aaace74411G (Appellant) (Respondent) Assessee By: Shri K.C. Devdas Revenue By: Shri K.P.R.R. Murthy. Date Of Hearing: 27.03.2023 Date Of Pronouncement: 15.05.2023 O R D E R Per Laliet Kumar, J.M. These Two Appeals Filed By The Assessee & The Revenue, Respectively, Are Directed Against The Order Of Commissioner Of Income Tax (Appeals) – 5, Hyderabad Dated 30.03.2016 For The Assessment Year 2006-07. 2. The Abridged Grounds Raised By The Assessee In Ita No.968/Hyd/2016 Read As Under : “1. The Order Of Ld.Cit(A) - 5 Is Erroneous In Law In Facts & In Law. 2. The Ld.Cit(A) Erred In Upholding The Decision Of The Ld.Ao In Treating Sale Of Partly Paid Up Shares As Fully Paid & Confirming The Addition Of Rs.50,14,625/- As Long Term Capital Gain. 3. The Ld.Cit(A) Erred In Confirming The Addition Of Rs.27,69,422/- Towards Difference In Interest. 4. Further, The Ld.Cit(A) Failed To Observe That The Notes To Financial Statements Clearly Mentioned The Interest Income Which Pertained To The Previous Year & Accordingly Erred In Upholding The Action Of The Ld.Ao In Assessing The Difference In Interest Of Rs.27,69,422/-. 5. The Ld.Cit(A) Erred In Confirming The Addition Of Difference Of Prior Period Income Of Rs.1,26,71,371/-.”

For Appellant: Shri K.C. DevdasFor Respondent: Shri K.P.R.R. Murthy
Section 143(1)Section 143(3)Section 148Section 40

section 148 of the Income tax Act. No interference of this Court is called for in exercise of powers under article 136 of the Constitution of India. 2. With this, the Special Leave petition stands dismissed. of. 3. Pending application(s), if any, shall stand disposed of." 12. Referring to the following decisions, he submitted that no notice

CELESTIAL AVENUES PVT LTD REP. BY CSK PROPERTIES PVT LTD ON MERGER-PAN-AADCC3990R,HYDERABAD. vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE -1(2), HYDERABAD.

In the result, all the appeals of the assessee are allowed

ITA 212/HYD/2024[2017-18]Status: HeardITAT Hyderabad01 Jan 2025AY 2017-18

Bench: Shri Laliet Kumar, Hon’Ble & Shri G. Manjunatha G, Hon’Bleआ.अपी.सं / Ita Nos.212 To 214/Hyd/2019 (निर्धारण वर्ा / Assessment Years: 2006-07, 2007-08 & 2008-09) M/S. Sabir, Sew & The Deputy Commissioner Of Prasad, Jv, Vs. Income Tax, Hyderabad. Circle – 6(1), Hyderabad. Pan : Abcfs2425A अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent

For Appellant: Shri A. Srinivas, C.AFor Respondent: Shri Srinath Sadanala, Sr.DR
Section 132Section 143(2)Section 143(3)Section 153CSection 801ASection 801A(4)Section 80I

3) of Sub-Section (4) of 80IA of the Act includes infrastructure facilities such as a water supply project, water treatment system, irrigation project, sanitation and sewerage system or sold waste management system. In the 19 SABIR, SEW & PRASAD JV present case, the assessee had constructed Gorakallu Balancing Reservoir as per the agreement made by the Superintending Engineer, SRBC Circle

SABIR , SEW & PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, all the appeals of the assessee are allowed

ITA 212/HYD/2019[2006-07]Status: DisposedITAT Hyderabad24 Feb 2025AY 2006-07
For Appellant: \nShri A. Srinivas, C.AFor Respondent: \nShri Srinath Sadanala, Sr.DR
Section 132Section 143(2)Section 143(3)Section 153CSection 801ASection 801A(4)Section 80I

depreciation on the\nrent out premises.\n11. The ld. AO has rejected the assessee's claim of deduction u/s.\n80IA(4)(iii) of the Act for the reason that his predecessors have disallowed\nthe claim of the assessee for the earlier years and has extensively relied\non the same. It is observed that the assessee

SABIR, SEW 7 PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, all the appeals of the assessee are allowed

ITA 214/HYD/2019[2008-2009]Status: DisposedITAT Hyderabad24 Feb 2025AY 2008-2009
For Appellant: \nShri A. Srinivas, C.AFor Respondent: \nShri Srinath Sadanala, Sr.DR
Section 132Section 143(2)Section 143(3)Section 153CSection 80I

depreciation on the\nrent out premises.\n\n11.\nThe ld. AO has rejected the assessee's claim of deduction u/s.\n80IA(4)(iii) of the Act for the reason that his predecessors have disallowed\nthe claim of the assessee for the earlier years and has extensively relied\non the same. It is observed that the assessee

SABIR, SEW & PRASAD JV,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX , CIRCLE-6(1), HYDERABAD

In the result, all the appeals of the assessee are allowed

ITA 213/HYD/2019[2007-08]Status: DisposedITAT Hyderabad24 Feb 2025AY 2007-08
For Appellant: \nShri A. Srinivas, C.AFor Respondent: \nShri Srinath Sadanala, Sr.DR
Section 132Section 143(2)Section 143(3)Section 153CSection 80I

depreciation on the\nrent out premises.\n\n11. The ld. AO has rejected the assessee's claim of deduction u/s.\n80IA(4)(iii) of the Act for the reason that his predecessors have disallowed\nthe claim of the assessee for the earlier years and has extensively relied\non the same. It is observed that the assessee