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138 results for “disallowance”+ Section 46Aclear

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Key Topics

Addition to Income85Section 143(3)65Section 10A52Disallowance48Section 13240Section 153A31Deduction30Section 43B26Section 14A24Section 40

INCOME TAX OFFICER, WARD-1(3), HYDERABAD vs. BHAGYANAGAR INDIA LIMITED , SECUNDERABAD

In the result, the appeal of the Revenue is dismissed

ITA 1200/HYD/2019[2016-17]Status: DisposedITAT Hyderabad08 Aug 2025AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1200/Hyd/2019 (निर्धारण वर्ा/Assessment Year:2016-17) Income Tax Officer, M/S. Bhagyanagar India Ward-1(3), Hyderabad. Vs. Limited, Hyderabad. Pan:Aaacb8963C (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri K.C. Devdas, C.A. रधजस् व द्वधरध/Revenue By: Shri Narender Kumar Naik, Cit-Dr सुिवधई की तधरीख/Date Of Hearing: 24/07/2025 घोर्णध की तधरीख/Pronouncement: 08/08/2025 आदेश/Order Per Madhusudan Sawdia, A.M. : This Appeal Is Filed By Revenue, Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-1, Hyderabad (“Ld. Cit(A)”), Dated 16.05.2019 For The A.Y. 2016-17. 2. The Revenue Has Raised The Following Grounds Of Appeal:

For Appellant: Shri K.C. Devdas, C.AFor Respondent: Shri Narender Kumar Naik
Section 115JSection 143(2)Section 143(3)Section 14ASection 37(1)Section 80

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Section 14721
Search & Seizure16

disallowance of Rs.75,59,818/- made under Section 14A of the Act is directed to be deleted and the order of the Ld. CIT(A) is upheld. 13. As far as the deletion of Rs.2,22,94,090/- is concerned, we have gone through para no.46A of AS-11 which is to the following effect : “ 46A

VK WAREHOUSING ENTERPRISES,HYDERABAD vs. DCIT., CIRCLE-6(1), HYDERABAD

In the result, both the appeals filed by the assessee firm and the revenue are partly allowed for statistical purposes, in terms of our observations recorded hereinabove

ITA 737/HYD/2025[2017-18]Status: DisposedITAT Hyderabad07 Jan 2026AY 2017-18

Bench: Shri Manjunatha G & Shri Ravish Soodआ.अपी.सं /Ita No.737/Hyd/2025 (िनधा"रण वष"/Assessment Year:2017-18) M/S. V K Warehousing Enterprises, Dy. Commissioner Of Income Tax, Vs. Circle 6(1), Hyderabad. Hyderabad. Pan : Aakfv3288R (Appellant) (Respondent) आ.अपी.सं /Ita No.881/Hyd/2025 (िनधा"रण वष"/Assessment Year:2017-18) Dy. Commissioner Of Income Tax, M/S. V K Warehousing Enterprises, Circle 6(1), Hyderabad. Vs. Hyderabad. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Rajesh Vaishnav, C.A. राज" व "ारा/Revenue By: Shri P. Dhivahar, Cit-Dr सुनवाई की तारीख/Date Of Hearing: 22/12/2025 घोषणा की तारीख/Pronouncement: 07/01/2026

For Appellant: Shri Rajesh Vaishnav, C.AFor Respondent: Shri P. Dhivahar, CIT-DR
Section 143(2)Section 144Section 234BSection 271(1)(b)Section 40Section 69Section 69CSection 801B

disallowance of Rs. 32,89,736/- under Section 40(a)(ia), we note that although the assessee firm did not substantiate its claim either before the AO or before the CIT(A), it has contended before us that tax was duly deducted and deposited within the prescribed time. In the interest of justice, we restore this issue to the file

ACIT., CIRCLE-6(1), HYDERABAD vs. VK WAREHOUSING ENTERPRISES, HYDERABAD

In the result, both the appeals filed by the assessee firm and

ITA 881/HYD/2025[2017-18]Status: DisposedITAT Hyderabad07 Jan 2026AY 2017-18
For Appellant: Shri Rajesh Vaishnav, C.AFor Respondent: Shri P. Dhivahar, CIT-DR
Section 143(2)Section 144Section 234BSection 271(1)(b)Section 40Section 68Section 69Section 69CSection 801B

disallowance of Rs. 32,89,736/- under Section 40(a)(ia), we note that although the assessee firm did not substantiate its claim either before the AO or before the CIT(A), it has contended before us that tax was duly deducted and deposited within the prescribed time. In the interest of justice, we restore this issue to the file

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELCOM INFRASTRUTURE PRIVATE LIMITED , HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

ITA 509/HYD/2020[2015-16]Status: DisposedITAT Hyderabad30 Nov 2022AY 2015-16

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

For Respondent: Shri Rajendra Kumar, CIT(DR)
Section 153A

Section 250(4).. There may be cases where additional evidence is admitted by the first appellate authority on a request or application being made by the assessee. In such cases Sub-rule (2) of rule 46A requires the first appellate authority to allow the assessing officer a further opportunity to rebut the fresh evidence filed by the assessee. Even that

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELECOM INFRASTRUCTURE PRIVATE LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

ITA 553/HYD/2020[2012-13]Status: DisposedITAT Hyderabad30 Nov 2022AY 2012-13

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

For Respondent: Shri Rajendra Kumar, CIT(DR)
Section 153A

Section 250(4).. There may be cases where additional evidence is admitted by the first appellate authority on a request or application being made by the assessee. In such cases Sub-rule (2) of rule 46A requires the first appellate authority to allow the assessing officer a further opportunity to rebut the fresh evidence filed by the assessee. Even that

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELECOM INFRASTRUCTURE PRIVATE LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

ITA 555/HYD/2020[2014-15]Status: DisposedITAT Hyderabad30 Nov 2022AY 2014-15

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

For Respondent: Shri Rajendra Kumar, CIT(DR)
Section 153A

Section 250(4).. There may be cases where additional evidence is admitted by the first appellate authority on a request or application being made by the assessee. In such cases Sub-rule (2) of rule 46A requires the first appellate authority to allow the assessing officer a further opportunity to rebut the fresh evidence filed by the assessee. Even that

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELCOM INFRASTRUTURE PRIVATE LIMITED , HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

ITA 510/HYD/2020[2016-17]Status: DisposedITAT Hyderabad30 Nov 2022AY 2016-17

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

For Respondent: Shri Rajendra Kumar, CIT(DR)
Section 153A

Section 250(4).. There may be cases where additional evidence is admitted by the first appellate authority on a request or application being made by the assessee. In such cases Sub-rule (2) of rule 46A requires the first appellate authority to allow the assessing officer a further opportunity to rebut the fresh evidence filed by the assessee. Even that

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELECOM INFRASTRUCTURE PRIVATE LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

ITA 556/HYD/2020[2017-18]Status: DisposedITAT Hyderabad30 Nov 2022AY 2017-18

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

For Respondent: Shri Rajendra Kumar, CIT(DR)
Section 153A

Section 250(4).. There may be cases where additional evidence is admitted by the first appellate authority on a request or application being made by the assessee. In such cases Sub-rule (2) of rule 46A requires the first appellate authority to allow the assessing officer a further opportunity to rebut the fresh evidence filed by the assessee. Even that

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(2), HYDERABAD vs. ASCEND TELECOM INFRASTRUCTURE PRIVATE LIMITED, HYDERABAD

In the result, the appeal filed by the Revenue is allowed for statistical purposes while the corresponding C

ITA 554/HYD/2020[2013-14]Status: DisposedITAT Hyderabad30 Nov 2022AY 2013-14

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

For Respondent: Shri Rajendra Kumar, CIT(DR)
Section 153A

Section 250(4).. There may be cases where additional evidence is admitted by the first appellate authority on a request or application being made by the assessee. In such cases Sub-rule (2) of rule 46A requires the first appellate authority to allow the assessing officer a further opportunity to rebut the fresh evidence filed by the assessee. Even that

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)

46A of the Rules in this matter. Further, there is no denial of the fact that in assessee’s own case right from the year 1999-2000, income of the assessee has been determined by resorting to estimation and dealing with other additions made. This fact is evident from the orders of the Tribunal for earlier assessment years and more

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)

46A of the Rules in this matter. Further, there is no denial of the fact that in assessee’s own case right from the year 1999-2000, income of the assessee has been determined by resorting to estimation and dealing with other additions made. This fact is evident from the orders of the Tribunal for earlier assessment years and more

RAMYA CONSTRUCTIONS LIMITED ,VIJAYAWADA vs. DY. COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2(3), HYDERABAD

In the result, appeal of the assessee is partly allowed for statistical purpose

ITA 639/HYD/2020[2013-14]Status: DisposedITAT Hyderabad22 Sept 2022AY 2013-14

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

For Appellant: Shri S. Rama Rao, ARFor Respondent: Shri Kumar Aditya, DR
Section 132Section 139Section 143(3)Section 147Section 148Section 149Section 14ASection 151Section 153Section 153A

disallowance under section 14A of the Act, but dismissed the appeal in respect of the addition towards interest on redeemable debentures to the tune of Rs. 52.92 lakhs. Assessee is therefore before us in this appeal. Ground No. 1 and 4 are general in nature and do not require any adjudication. Ground No. 2 relates to the challenged the reopening

PATEL SEW JOINT VENTURE,TELANGANA vs. DCIT., CIRCLE-6(1), HYDERABAD

In the result, the cross-objection filed by the assessee is dismissed

ITA 884/HYD/2025[2019-20]Status: DisposedITAT Hyderabad19 Dec 2025AY 2019-20
Section 139(5)Section 143(1)Section 234ASection 234BSection 234CSection 80Section 801A(4)

disallowance of deduction under Section 80-IA(4) of the Act, in light of the various arguments of the learned counsel for the assessee along with certain judicial precedents, including the decision of the ITAT, Mumbai Bench, in the case of Akry Organics Pvt. Ltd Vs. CPC (supra) and also the decision in the case of ACIT Vs. Rashmi Infrastructure

ACIT., CIRCLE-6(1), HYDERABAD vs. PATEL SEW JOINTVENTURE, HYDERABAD

In the result, the cross-objection filed by the assessee is dismissed

ITA 742/HYD/2025[2023-24]Status: DisposedITAT Hyderabad19 Dec 2025AY 2023-24
Section 139(5)Section 143(1)Section 234ASection 234BSection 234CSection 80Section 801A(4)

disallowance of deduction under Section 80-IA(4) of the Act, in light of the various arguments of the learned counsel for the assessee along with certain judicial precedents, including the decision of the ITAT, Mumbai Bench, in the case of Akry Organics Pvt. Ltd Vs. CPC (supra) and also the decision in the case of ACIT Vs. Rashmi Infrastructure

ACIT CENTRAL CIRCLE2(1), HYDERABAD vs. MADHUCON PROJECTS LIMITED, HYDERABAD

In the result, appeal of the revenue is dismissed

ITA 722/HYD/2020[2014-15]Status: DisposedITAT Hyderabad13 Apr 2022AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahus.No.

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Vijay Bhaskar Reddy
Section 115JSection 143(2)Section 143(3)Section 43B

46A. 5. The Ld.CIT(A) erred in deleting the disallowance of Rs.29,61,24,000/ towards deduction claimed u/s.80IA in respect of other operating income from sale of metal, scrap and metals as such income cannot said to derive from an eligible business, in the assessee's case, from BOT projects. 6. The appellant craves leave to amend or alter

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), HYDERABAD vs. MADHUCON PROJECTS LIMITED, HYDERABAD

In the result, appeal of the revenue is dismissed

ITA 637/HYD/2020[2017-18]Status: DisposedITAT Hyderabad13 Apr 2022AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahus.No.

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Vijay Bhaskar Reddy
Section 115JSection 143(2)Section 143(3)Section 43B

46A. 5. The Ld.CIT(A) erred in deleting the disallowance of Rs.29,61,24,000/ towards deduction claimed u/s.80IA in respect of other operating income from sale of metal, scrap and metals as such income cannot said to derive from an eligible business, in the assessee's case, from BOT projects. 6. The appellant craves leave to amend or alter

MADHUCON PROJECTS LIMITED ,HYDERABAD vs. DY.COMMISSIONER OF INCOME TAX ,CENTRAL CIRCLE -2(1), HYDERABAD

In the result, appeal of the revenue is dismissed

ITA 710/HYD/2020[2017-18]Status: DisposedITAT Hyderabad13 Apr 2022AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahus.No.

For Appellant: Shri P. Murali Mohan RaoFor Respondent: Shri Vijay Bhaskar Reddy
Section 115JSection 143(2)Section 143(3)Section 43B

46A. 5. The Ld.CIT(A) erred in deleting the disallowance of Rs.29,61,24,000/ towards deduction claimed u/s.80IA in respect of other operating income from sale of metal, scrap and metals as such income cannot said to derive from an eligible business, in the assessee's case, from BOT projects. 6. The appellant craves leave to amend or alter

ASST. COMMISSIONER OF INCOME TAX, (EXEMPTIONS), HYDERABAD vs. VIGNANA JYOTHI, HYDERABAD

In the result, the appeals of the revenue in ITA No

ITA 2213/HYD/2017[2009-10]Status: DisposedITAT Hyderabad11 Apr 2022AY 2009-10

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri A.V. RaghuramFor Respondent: Shri Rajendra Kumar
Section 11Section 12ASection 143(3)Section 147

46A. The ld. DR could not controvert the findings of the CIT(A). We, therefore, find no reason to interfere with the order of the CIT(A) in deleting the disallowance made on this count and accordingly, upholding the order of CIT(A), we dismiss the ground raised by the revenue in this regard in AY 2008-09 as ground

ASST. COMMISSIONER OF INCOME TAX, (EXEMPTIONS), HYDERABAD vs. VIGNANA JYOTHI , HYDERABAD

In the result, the appeals of the revenue in ITA No

ITA 2210/HYD/2017[2005-06]Status: DisposedITAT Hyderabad11 Apr 2022AY 2005-06

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri A.V. RaghuramFor Respondent: Shri Rajendra Kumar
Section 11Section 12ASection 143(3)Section 147

46A. The ld. DR could not controvert the findings of the CIT(A). We, therefore, find no reason to interfere with the order of the CIT(A) in deleting the disallowance made on this count and accordingly, upholding the order of CIT(A), we dismiss the ground raised by the revenue in this regard in AY 2008-09 as ground

ASST. COMMISSIONER OF INCOME TAX, (EXEMPTIONS), HYDERABAD vs. VIGNANA JYOTHI, HYDERABAD

In the result, the appeals of the revenue in ITA No

ITA 2215/HYD/2017[2013-14]Status: DisposedITAT Hyderabad11 Apr 2022AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri A.V. RaghuramFor Respondent: Shri Rajendra Kumar
Section 11Section 12ASection 143(3)Section 147

46A. The ld. DR could not controvert the findings of the CIT(A). We, therefore, find no reason to interfere with the order of the CIT(A) in deleting the disallowance made on this count and accordingly, upholding the order of CIT(A), we dismiss the ground raised by the revenue in this regard in AY 2008-09 as ground