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88 results for “depreciation”+ Natural Justiceclear

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Key Topics

Section 143(3)96Addition to Income66Section 6851Section 8048Section 26341Depreciation39Disallowance38Section 14731Section 271(1)(c)28Section 143(2)

M/S JAYGANGA EXIM INDIA (P) LTD.,KOLKATA vs. DCIT, CIRCLE-II, BHOPAL

ITA 28/IND/2022[2012-13]Status: DisposedITAT Indore02 Jan 2024AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2012-13 M/S. Jayganga Exim India Pvt. Dy. Cit, Limited Central-Ii, [Formerly Known As ‘Jay Jyoti Bhopal (India) Pvt. Ltd.’] बनाम/ 26, Col. Biswas Road, Ground Floor, Vs. West Side Flat, Kolkata (Assessee / Appellant) (Revenue / Respondent) Pan: Aaacj 8822 E Assessee By Shri Harsh Vijaywargiya, Ca Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 21.11.2023 Date Of Pronouncement 02.01.2024

Section 144Section 147Section 37Section 68

natural justice, void ab initio and barred by limitation also. (ix) That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of ld. AO in making aggregate additions/disallowances and framing the impugned reassessment order is contrary to law and facts and without providing adequate opportunity

SHIV NARAYAN SHARMA,INDORE vs. ACIT CIRCLE 3(1), INDORE

Showing 1–20 of 88 · Page 1 of 5

24
Deduction22
Section 194H20
ITA 889/IND/2018[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

MANISH GOVIND AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

ITA 61/IND/2019[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

SAPAN SHAH,INDORE vs. ACIT-4(I), INDORE

ITA 474/IND/2019[2015-16]Status: DisposedITAT Indore28 Jun 2021AY 2015-16

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

PRAYANK JAIN,INDORE vs. ACIT5(1), INDORE

ITA 206/IND/2019[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

DARSHAN KUMAR PAHWA,INDORE vs. DCIT CIRCLE5(1), INDORE

ITA 987/IND/2019[2011-12]Status: DisposedITAT Indore28 Jun 2021AY 2011-12

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

GOVIND HARINARAYAN AGRAWAL HUF,INDORE vs. I T O 2(1), INDORE

ITA 60/IND/2019[2014-15]Status: DisposedITAT Indore28 Jun 2021AY 2014-15

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2014-15

Section 143(3)Section 68Section 69C

depreciation increased from loss of Rs. 0.89 crores in AY 2009-10 to 4.49 crores in AY 2010-11. The appellant purchased shares of VAS Infra on the basis of quarterly results of the company showing drastic increase in sales. (Tax Effect Rs. 205916/-) 4. Addition made on the basis of suspicion without any material on record

M/S. RITSPIN SYNTHETICS LTD.,PITHAMPUR vs. THE ACIT CIRCLE 1(2), INDORE

In the result Ground No.1 of the assessee is dismissed and

ITA 1/IND/2016[2005-06]Status: DisposedITAT Indore19 Sept 2018AY 2005-06

Bench: Shri Kul Bharat & Shri Manish Borad

Section 143(2)Section 143(3)

nature hence in the interest of justice a sum of Rs.30 lacs may be treated as capital expenditure. The AO allowed depreciation

THE DCIT, -1(1), INDORE vs. M/S. RITSPIN SYNTHETICS LTD., PITHAMPUR

In the result Ground No.1 of the assessee is dismissed and

ITA 89/IND/2016[2005-06]Status: DisposedITAT Indore19 Sept 2018AY 2005-06

Bench: Shri Kul Bharat & Shri Manish Borad

Section 143(2)Section 143(3)

nature hence in the interest of justice a sum of Rs.30 lacs may be treated as capital expenditure. The AO allowed depreciation

BALAJI PHOSPHATES LIMITED,INDORE vs. DCITACIT 1(1) INDORE, INDORE

In the result appeal of the assessee is allowed

ITA 209/IND/2024[2017-18]Status: DisposedITAT Indore29 Jul 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibalaji Phosphates Limited, Dcitacit 1(1), 305, Utsav Avenue, Indore Vs. 12/5 Ushaganj, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aadcb5654R Assessee By Shri Subhash Jain, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 25.07.2024 Date Of Pronouncement 29.07.2024 O R D E R

Section 143(1)Section 143(1)(a)Section 154Section 234Section 40

natural justice because the assessee was not granted any reasonable opportunity of being heard against non-considering to application of condonation of delay. 6. On the facts and circumstances of the case, AddI CIT/ICIT(A) and Learned AO, has erred in making adjustments in the returned Income even same are not permissible under section 143(1), of the Act because

ASSISTANT COMMISSIONER OF INCOME TAX 1 (1), INDORE vs. M/S FERRO CONCREATE CONSTRUCTION (INDIA) PVT. LTD INDORE, INDORE

ITA 439/IND/2017[09-10]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 143(3)Section 148Section 69A

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

SARTHAK REAL BUILT PVT. LTD, ,INDORE vs. DY, CIT,CPC-TDS, GHAZIABAD

ITA 819/IND/2017[14-15--26Q/Q-4]Status: DisposedITAT Indore13 Oct 2021

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 143(3)Section 148Section 69A

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE DCIT CIRCLE-1(1), INDORE

ITA 359/IND/2017[2009-10]Status: DisposedITAT Indore13 Oct 2021AY 2009-10

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 143(3)Section 148Section 69A

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

M/S. FERRO CONCRETE CON. INDIA PVT. LTD.,INDORE vs. THE PR.CIT-1, INDORE

ITA 284/IND/2017[2012-13]Status: DisposedITAT Indore13 Oct 2021AY 2012-13

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing

Section 143(3)Section 148Section 69A

depreciation allowance or any other allowance, as the case may be, for the assessment year concerned.” Thus, the words “Income chargeable to tax” are of prime importance to the section 147. However, it can be seen from the reasons as reproduced above that the Assessing Officer did not mention the words “Income chargeable to tax” in the reasons which

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. THE ACIT-CIRCLE 2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

ITA 292/IND/2017[2012-13]Status: DisposedITAT Indore10 Apr 2023AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri P.K. Mishra, CIT DR
Section 143(3)Section 144C(13)Section 144C(8)

depreciates its fixed assets at a rate higher than the rate prescribed under Schedule-XIV of the Companies Act, 1956. Thus, this needs verification and, therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer/TPO for proper verification and adjudication. Needless to say the assessee be given ITA Nos.179/Ind/2016, 292/Ind/2017, 319/Ind/2018 & SA No.46/Ind/2021

M/S. COMPUTER SCIENCE CORPORATION INDIA PVT. LTD.,CHENNAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE 2(1) , INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

ITA 319/IND/2018[2013-14]Status: DisposedITAT Indore10 Apr 2023AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri P.K. Mishra, CIT DR
Section 143(3)Section 144C(13)Section 144C(8)

depreciates its fixed assets at a rate higher than the rate prescribed under Schedule-XIV of the Companies Act, 1956. Thus, this needs verification and, therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer/TPO for proper verification and adjudication. Needless to say the assessee be given ITA Nos.179/Ind/2016, 292/Ind/2017, 319/Ind/2018 & SA No.46/Ind/2021

M/S. COMPUTER SCIENCES CORPORATION INDIA PRIVATE LIMITED,INDORE vs. THE ASST. COMMISSIONER OF INCOME TAX-2(1), INDORE

In the result, all the three appeals are partly allowed for statistical purpose and the Stay Application is also disposed of

ITA 179/IND/2016[2011-12]Status: DisposedITAT Indore10 Apr 2023AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Vishal Kalra, AdvocateFor Respondent: Shri P.K. Mishra, CIT DR
Section 143(3)Section 144C(13)Section 144C(8)

depreciates its fixed assets at a rate higher than the rate prescribed under Schedule-XIV of the Companies Act, 1956. Thus, this needs verification and, therefore, it will be appropriate to remand back this issue to the file of the Assessing Officer/TPO for proper verification and adjudication. Needless to say the assessee be given ITA Nos.179/Ind/2016, 292/Ind/2017, 319/Ind/2018 & SA No.46/Ind/2021

M/S. ASPIRANT MERCANTILE COMPANY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

ITA 363/IND/2015[2010-11]Status: DisposedITAT Indore13 Feb 2019AY 2010-11

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

Section 143(3)Section 68

depreciation on vehicle. 2.The Appellant prays that the said disallowances be deleted. 2. From perusal of above grounds, we observe that most of the issues are common, therefore, these appeals were heard together and are being disposed of by this common order for the sake of convenience and brevity: 3. First common issue raised in ground No.1 of each

M/S. FROLIC REALTY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

ITA 364/IND/2015[2010-11]Status: DisposedITAT Indore13 Feb 2019AY 2010-11

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

Section 143(3)Section 68

depreciation on vehicle. 2.The Appellant prays that the said disallowances be deleted. 2. From perusal of above grounds, we observe that most of the issues are common, therefore, these appeals were heard together and are being disposed of by this common order for the sake of convenience and brevity: 3. First common issue raised in ground No.1 of each

M/S. AVOCADO TRADING COMPANY PRIVATE LIMITED,INDORE vs. THE ITO 3(3), INDORE

In the result, these three appeals of by different assessees in ITANo

ITA 362/IND/2015[2010-11]Status: DisposedITAT Indore13 Feb 2019AY 2010-11

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year: 2010-11 Avocado Trading Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company, Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4206K Assessment Year: 2010-11 Aspirant Mercantile Company Private Ito 3(3) Limited Indore बनाम/ G.J. Shah & Company,Chartered Vs. Accountants 404, Manas Bhawan, 11 Rnt Marg, Indore-452001 (Appellant) (Revenue) Pan: Aagca4207J

Section 143(3)Section 68

depreciation on vehicle. 2.The Appellant prays that the said disallowances be deleted. 2. From perusal of above grounds, we observe that most of the issues are common, therefore, these appeals were heard together and are being disposed of by this common order for the sake of convenience and brevity: 3. First common issue raised in ground No.1 of each