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12 results for “depreciation”+ Section 220(2)clear

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Key Topics

Section 26326Section 143(3)17Addition to Income11Section 133A9Section 144A6Section 142(1)5Section 143(2)4Section 69A4Section 1484Survey u/s 133A

M/S RADHISHWARI DEVLOPERS P LTD,INDORE vs. PR CIT -2 INDORE, INDORE

In the result, Assessee’s appeal in ITANo

ITA 493/IND/2018[13-14]Status: DisposedITAT Indore20 Jul 2021

Bench: Hon’Ble Rajpal Yadav & Hon’Ble Manish Boradvirtual Hearing Assessment Year 2013-14 M/S. Radhishwari Developers P. Ltd. (Now Known As R.C. Warehousing Pvt. Ltd. ) Indore : Appellant Pan :Aafcr1916A V/S Pr. Cito-2 : Respondent Indore Appellant By S/Shri Sumit Nema Sr. Adv. With Gagan Tiwari & Piyush Parashar Advs. Revenue By Shri S.S. Mantri, Cit-Dr Date Of Hearing 24.05.2021 Date Of Pronouncement 20.07.2021

Section 133(6)Section 143(2)Section 143(3)Section 263

section 263 cannot be invoked by the Pro CIT. 2 M/s. Radheshwari Developers Pvt. Ltd. 5.That Explanation 2 to S. 263 inserted w.e.f. 01.06.2015 does not override the law as interpreted by the various High Courts whereby it is held that the CIT cannot treat the AO's order as being erroneous and prejudicial to the interest of revenue without

4
Unexplained Money4
Reopening of Assessment4

M/S. BHANDARI HOSPITAL AND RESEARCH CENTRE,INDORE vs. THE PR. CIT-1, INDORE

ITA 355/IND/2017[2012-13]Status: DisposedITAT Indore20 Mar 2020AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 M/S Bhandari Hospital & Pr. Cit-(I) Research Centre, Gf-21 & Indore बनाम/ 22, Opp. Meghdoot Garden, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) P.A. No.Aadfb8151A

Section 131(1)(d)Section 143(3)Section 144ASection 263Section 35A

depreciation is 15% and not 40% which is a prerequisite to send the matter back to the AO. Judicial precedents relied upon by the assessee to show that the order u/s 263 deserves to be quashed.: Reliance is placed on the following decisions (copies being filed):- a. Cadila Pharmacuticals ltd. v. PCIT (ITA no. 1190/Ahd/2015 (placed

M/S. SANEE INFRASTRUCTURE PVT. LTD.,BHOPAL vs. THE PR CIT , BHOPAL

In the result appeal of the assessee is partly allowed

ITA 742/IND/2018[15-16]Status: DisposedITAT Indore01 Jun 2020

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2015-16 M/S. Sanee Infrastructure Pr.Cit-2, Pvt. Ltd, Vs. Bhopal D-1, Machna Colony, 6 No Bus Stop, Bhopal (Appellant) (Revenue ) Pan No.Aagcs8307M Appellant By Shri Arun Jain, Ca Revenue By Shri S.B. Prasad, Cit Date Of Hearing 12.03.2020 Date Of Pronouncement 01.06.2020 O R D E R

Section 143(2)Section 143(3)Section 263Section 40A(2)(b)

section 263( I) of I.T. Act which is reproduced here below may also be kept in mind for guidance by the AO while passing the fresh assessment order pursuant to this order u/s 263. 5. Ld. Counsel for the assessee referred to the following written 7 ITANo.742/Ind/2018 submissions and various judgments and decisions contending that necessary enquiry was conducted

M/S. S.R. FERRO ALLOYS,JHABUA vs. THE PCIT, BHOPAL

In the result, the appeal of assessee is allowed

ITA 148/IND/2021[2015-16]Status: DisposedITAT Indore09 Nov 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanis.R. Ferro Alloys Pr. Cit, Central 9, Siddheswar Colony Bhopal Vs. Jhabua (Appellant / Assessee) (Revenue) Pan: Abhfs7377Q Appellant By Shri Sumit Nema, Sr. Adv. & Gagan Tiwari, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.10.2023 Date Of Pronouncement 09.11.2023

Section 263

220 Taxman 3 (Mag) (Guj.) and CIT v. Umang Hiralal Thakkar [2014] 42 Laxmann.com 194/226 Taxman 28 (Mag.) (Guj) and therefore this court is are of the opinion that the view taken by the Tribunal and the Commissioner of Income Tax is not correct. Issue decided in favour of assesssee. 34. Further the Hon,ble High Court of Gujarat

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. ASSTT.COMMISSIONER OF INCOME TAX, RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

ITA 713/IND/2017[2001-2002]Status: DisposedITAT Indore14 May 2019AY 2001-2002

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

Section 133ASection 143(3)Section 220(2)Section 234ASection 234BSection 234C

220(2) at Rs. 8,51,886/- The appellant craves leave to add, alter and/or amend any grounds of appeal.” 17. Briefly stated facts as culled out from the records relating to these two appeals are that post survey u/s 133A of the Act, assessee filed income tax returns for Assessment Year 2001-02 & 2002-03. The undisclosed income surrendered

SHRI GOPAL SONI,MANDSAUR vs. ADDLL. CIT , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

ITA 714/IND/2017[02-03]Status: DisposedITAT Indore14 May 2019

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

Section 133ASection 143(3)Section 220(2)Section 234ASection 234BSection 234C

220(2) at Rs. 8,51,886/- The appellant craves leave to add, alter and/or amend any grounds of appeal.” 17. Briefly stated facts as culled out from the records relating to these two appeals are that post survey u/s 133A of the Act, assessee filed income tax returns for Assessment Year 2001-02 & 2002-03. The undisclosed income surrendered

SHRI GOPAL KRISHNA SONI,MANDSAUR vs. COMMISSIONER OF INCO ME-TAX , RATLAM

In the result appeal of the assessee for Assessment Years 2000-01 is

ITA 712/IND/2017[2000-01]Status: DisposedITAT Indore14 May 2019AY 2000-01

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Borad

Section 133ASection 143(3)Section 220(2)Section 234ASection 234BSection 234C

220(2) at Rs. 8,51,886/- The appellant craves leave to add, alter and/or amend any grounds of appeal.” 17. Briefly stated facts as culled out from the records relating to these two appeals are that post survey u/s 133A of the Act, assessee filed income tax returns for Assessment Year 2001-02 & 2002-03. The undisclosed income surrendered

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

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

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

INCOME TAX OFFICER 2(1), BHOPAL, BHOPAL vs. PURUSHOTTAM GUPTA, BHOPAL

ITA 278/IND/2024[2016-17]Status: DisposedITAT Indore08 Jul 2025AY 2016-17

Bench: Shri Bhagirath Mal Biyani & Shri Paresh M Joshi

Section 133(6)Section 142(1)Section 143(2)Section 250Section 253

Section 253 of the Income Tax Act, 1961 (hereinafter referred to as the “Act” for sake of brevity) before this Tribunal. The Revenue is aggrieved by the order bearing Number ITBA/NFAC/S/250/2023-24/ 1060613547(1) dated 07.02.2024 passed by Ld. CIT(A) u/s 250 of the Act which is hereinafter referred to as the “Impugned order". The relevant Assessment Year