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108 results for “disallowance”+ Search & Seizureclear

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Key Topics

Section 271D185Section 269S78Addition to Income70Section 153C66Section 153A61Section 143(3)56Disallowance49Section 14739Section 6835Penalty

DCIT (CENTRAL), BHOPAL vs. SHAILENDRA SHARMA, BHOPAL

In the result the appeals of the assessee for the Assessment

ITA 305/IND/2023[2015-16]Status: DisposedITAT Indore24 Jun 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 153A

seizure operations a pocket diary containing details of expenditure under various heads was found and seized and marked as DS-SLS-6. The A.O has reproduced the entries in the said seized diary in the assessment order and also reproduced the statement of the assessee recorded by the investigation wing. The Assessing Officer has acknowledged the fact that these entries

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-1, INDORE vs. SHRI RITESH JAIN, INDORE

ITA 794/IND/2018[2010-11]Status: DisposedITAT Indore12 Jan 2024AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani & It(Ss)Ano.14/Ind/2022 (Assesssment Year 2011-12

Showing 1–20 of 108 · Page 1 of 6

34
Section 12A26
Search & Seizure25
Section 139Section 143(2)Section 147Section 148

seizure operation u/s 132 of the Act was conducted on Jain & Dixit Group. Certain documents were found and seized from the premise 7/1 Y.N. Road, Indore. During the post search investigations, a statement u/s 131(1A) of the appellant was recorded on oath on 15.07.2016.On the basis of the above mentioned seized documents and statement recorded on oath, the case

MOEBIUS TRADE P LTD, MUMBAI vs. THE ADDITIONAL CIT , DELHI

In the result, appeal of the assessee is allowed

ITA 187/IND/2023[2018-19]Status: DisposedITAT Indore21 Dec 2023AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanimoebius Trade Pvt. Ltd. Acit-Ii Resulting Company After Bhopal Merger Of Exotic & Vs. Speciality Fats Pvt. Ltd. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aahcm 4176D Assessee By Shri Ajay Tulsiyan Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 20.12.2023 Date Of Pronouncement 21.12.2023

Section 115BSection 68Section 69CSection 80G

disallowing the claim of interest paid to bank of Rs. 45,66,141/-. That on the facts and in the circumstance of the case, the said claim of interest paid by the appellant to the bank is proper and the addition made is wrong and bad in law and is prayed to be deleted. 8. That the Learned

ACIT CENTRAL-2, BHOPAL vs. SHRI SANJEEV AGRAWAL, BHOPAL

ITA 87/IND/2021[2012-13]Status: DisposedITAT Indore09 May 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyaniassessment Year: 2012-13 The Acit (Central)-2, Shri Sanjeev Agrawal, Bhopal, Mp-462011 H.No.E-2/134, Arera Colony, Vs. Bhopal, Mp-452016 Pan Adhpa8387N (Appellant) (Respondent) For Revenue : Shri P.K. Mishra, Cit(Dr) For Assessee : Shri S. S. Deshpande, Ca Shri Satyajeet Chatterjee, Ca

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT(DR)
Section 132(4)Section 153A

seizure operation was conducted on third party Shri Sudheer Sharma Group on 20.06.2012 wherein alleged diary was seized which cannot be used against the assessee. The learned counsel lastly submitted that in such factual position the presumption available for the AO u/s. 292C of the Act cannot be validly drawn against the assessee for making baseless addition. 25. The learned

M/S. KAKDA STEELS PVT. LTD.,BHOPAL vs. INCOME TAX OFFICER-2(1), BHOPAL

In the result, this appeal of assessee is allowed

ITA 916/IND/2019[2019]Status: DisposedITAT Indore22 Dec 2022

Bench: Ms. Madhumita Roy & Shri B.M. Biyani

Section 133ASection 143(3)

disallowance should be made under this head. 5. That under the circumstances, the learned CIT (A) erred in confirming the addition of Rs. 30,OO,OOO/- made on account of other miscellaneous discrepancies as the same was made without identifying any expenditure which is of undisclosed nature. 6. That under the circumstances, the learned CIT (A) erred in confirming

ACIT CENTRAL -2, BHOPAL vs. SHRI NARESH THARANI , BHOPAL

In the result, the appeals of revenue are dismissed and COs of the assessee are partly allowed for statistical purposes

ITA 113/IND/2021[2015-16]Status: DisposedITAT Indore30 Oct 2023AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniit(Ss)A No.108/Ind/2021 & Acit Central-2 Shri Naresh Tharani Bhopal E-2/149, Arera Colony Vs. Bhopal (Appellant / Revenue) (Assessee) Pan: Aampt6514G

Section 153C

seizure operations, "pertains" to assessee and do not "belong" to assessee. 3. The Id CIT(A), NFAC was not justified in confirming the assessment order and notice u/s. 153C when no proper reasons were recorded. 4. The ld CIT(A), NFAC was not justified in confirming the assessment order and notice u/s. 153C when the requirement of issuing two satisfaction

CHIRAYU CHARITABLE FOUNDATION,BHOPAL vs. PCIT (CENTRAL), BHOPAL

In the result appeal of the assessee stands allowed

ITA 179/IND/2019[-]Status: DisposedITAT Indore09 Feb 2021

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradchirayu Charitable Pcit (Central), Foundation,Bhopal Indore Bhopal Highway, Bhaisakhedi, Vs. Bhopal (Appellant) (Revenue ) Pan No.Aaaac3656P Revenue By Shri S.S. Mantri, Cit Appellant By S/Shri Sumit Nema, Sr. Advocate, Gagan Tiwari & Piyush Parashar, Advs Date Of Hearing 05.01.2021 Date Of Pronouncement .02.2021 O R D E R Per Manish Borad, Am.

Section 12ASection 132

Seizure operation u/s 132 of the Act was carried out on the very same day i.e. 4.11.2016 at various premises of Chirayu Health group and certain documents and other materials were seized. Based on these evidence and material Addl. CIT (Central), Bhopal made a proposal for cancellation of registration granted u/s 12AA of the Act and in this proposal reference

ACIT(CENTRAL)-1, INDORE vs. PRAKASH ASPHALTINGS & TOLL HIGHWAYS (INDIA) LTD., MHOW

In the result, assessee’s ITA No

ITA 20/IND/2021[2008-09]Status: DisposedITAT Indore10 Jan 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2008-09 Prakash Asphaltings & Toll Acit (Central)-1 Of Highway (India) Ltd., Indore बनाम/ 76, Mall Road, Vs. Mhow (Appellant / Assessee) (Respondent / Revenue) Assessment Year: 2008-09 Acit, Central-1, Prakash Asphaltings & Indore Toll Of Highway (India) बनाम/ Ltd., 76, Mall Road, Vs. Mhow (Appellant / Revenue) (Respondent / Assessee)

Section 132Section 143(3)Section 147Section 148Section 148(2)Section 271D

disallowance can be made to the total income of the appellant in absence of any incriminating documents/material found during the course of search from premises of appellant. In the instant case the loose papers were found and seized from the premises of AIDPL (third party). 4.1.3 It is clear that the impugned loose papers and documents were found from third

M/S. PRAKASH ASHPHLTING & TOO HIGHWAY LTD.,INDORE vs. THE ACIT, (CENTRAL)-1, INDORE

In the result, assessee’s ITA No

ITA 283/IND/2021[2008-09]Status: DisposedITAT Indore10 Jan 2023AY 2008-09

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2008-09 Prakash Asphaltings & Toll Acit (Central)-1 Of Highway (India) Ltd., Indore बनाम/ 76, Mall Road, Vs. Mhow (Appellant / Assessee) (Respondent / Revenue) Assessment Year: 2008-09 Acit, Central-1, Prakash Asphaltings & Indore Toll Of Highway (India) बनाम/ Ltd., 76, Mall Road, Vs. Mhow (Appellant / Revenue) (Respondent / Assessee)

Section 132Section 143(3)Section 147Section 148Section 148(2)Section 271D

disallowance can be made to the total income of the appellant in absence of any incriminating documents/material found during the course of search from premises of appellant. In the instant case the loose papers were found and seized from the premises of AIDPL (third party). 4.1.3 It is clear that the impugned loose papers and documents were found from third

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. ACIT CENTRAL-II, BHOPAL

In the result, appeal of the assessee in ITANo

ITA 548/IND/2019[2010-11]Status: DisposedITAT Indore13 Oct 2021AY 2010-11

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

Section 12ASection 132Section 143(2)Section 148Section 37

seizure action u/s 132 of the Act was conducted at the various premises of the 2 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 Ramani Group and associates, Bhopal on 30th August,2016. During the course of search, many documents/loose papers pertaining to the assessee society namely LPS-6, LPS-7, and LPS- 11 were found. Thereafter notice

M/S SHREE JAIRAM EDUCATION SOCIETY,BHOPAL vs. PR. CIT (CENTRAL), BHOPAL

In the result, appeal of the assessee in ITANo

ITA 90/IND/2019[-]Status: DisposedITAT Indore13 Oct 2021

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

Section 12ASection 132Section 143(2)Section 148Section 37

seizure action u/s 132 of the Act was conducted at the various premises of the 2 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 Ramani Group and associates, Bhopal on 30th August,2016. During the course of search, many documents/loose papers pertaining to the assessee society namely LPS-6, LPS-7, and LPS- 11 were found. Thereafter notice

THE DCIT CENTRAL-(1), INDORE vs. M/S AYUSH AJAY CONSTRUCTION PVT. LTD. , INDORE

ITA 740/IND/2019[2014-15]Status: DisposedITAT Indore22 Dec 2022AY 2014-15

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyanii.T(Ss).A. Nos.14 To 16/Ind/2018 (Assessment Years: 2007-08 To 2009-10)

For Appellant: Shri Prakash Jain, & Smt. Shreya JasinFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 139(1)Section 143(3)Section 153ASection 153CSection 271(1)(c)

seizure operations under Section 132 were carried out on the business as well as residential premises of the Ayushajay Group of Indore including the assessee alongwith other concerns/business associates on 27.08.2014. The assessee is a private limited company engaged in the business of construction, operation and maintenance of infrastructure projects of roads under Government schemes. 4. Consequent to the search

MRS. JATINDER KAUR BHATIA,KHANDWA vs. ACIT- (CENTRAL) UJJAIN, UJJAIN

Appeals are dismissed and assessee’s

ITA 227/IND/2023[2018-19]Status: DisposedITAT Indore22 Aug 2024AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 153ASection 40A(3)Section 69

disallowance made by CIT(A). Consequently, we uphold order of CIT(A) and the grounds raised by revenue are dismissed. Page 14 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 Ground No. 3 to 5: 14. In these grounds, the revenue has challenged the CIT(A)’s action of deleting

DCIT- (CENTRAL)-3, INDORE vs. MRS. JATINDER KAUR BHATIA, KHANDWA

Appeals are dismissed and assessee’s

ITA 206/IND/2023[2015-16]Status: DisposedITAT Indore22 Aug 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 153ASection 40A(3)Section 69

disallowance made by CIT(A). Consequently, we uphold order of CIT(A) and the grounds raised by revenue are dismissed. Page 14 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 Ground No. 3 to 5: 14. In these grounds, the revenue has challenged the CIT(A)’s action of deleting

DCIT- (CENTRAL)-3, INDORE vs. MRS. JATINDER KAUR BHATIA, KHANDWA

Appeals are dismissed and assessee’s

ITA 207/IND/2023[2016-17]Status: DisposedITAT Indore22 Aug 2024AY 2016-17

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 132Section 153ASection 40A(3)Section 69

disallowance made by CIT(A). Consequently, we uphold order of CIT(A) and the grounds raised by revenue are dismissed. Page 14 of 46 Mrs. Jatinder Kaur Bhatia ITA Nos. 206 & 207/Ind/2023 & ITANo.227/Ind/2023 AY 2015-16, 2016-17 & 2018-19 Ground No. 3 to 5: 14. In these grounds, the revenue has challenged the CIT(A)’s action of deleting

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTION) CIRCLE BHOPAL, BHOPAL vs. MAYANK WELFARE SOCIETY, INDORE

In the result, Revenue’s appeal for the AY 2013-14

ITA 776/IND/2018[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

search and seizure at house or doctor, some documents of assessee society were seized, on notice by Assessing Officer u/ s 153C, Nil returns were filed for assessment years 2007-08 and for A Y 2009-10 returned loss - Assessment u/ s 143(3) r. w. s. 153C was de and amount added being anonymous amount u/s 115BBC

THE DCIT, (EXEMPTION) CIRCLE, BHOPAL vs. M/S. MAYANK WELFARE SOCIETY, BHOPAL

In the result, Revenue’s appeal for the AY 2013-14

ITA 232/IND/2017[2013-14]Status: DisposedITAT Indore29 Oct 2021AY 2013-14

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2013-14

Section 115BSection 143(3)

search and seizure at house or doctor, some documents of assessee society were seized, on notice by Assessing Officer u/ s 153C, Nil returns were filed for assessment years 2007-08 and for A Y 2009-10 returned loss - Assessment u/ s 143(3) r. w. s. 153C was de and amount added being anonymous amount u/s 115BBC

ACIT (CENTRAL) , UJJAIN vs. M/S. ARIBA FOODS (P) LTD., INDORE

ITA 736/IND/2019[2016-17]Status: DisposedITAT Indore11 Jan 2021AY 2016-17

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

Section 143(3)Section 147Section 68

search and seizure operations u/s. 132 were carried out by the DDIT(Inv.)-II, Indore on 27/07/2017. However, in Ariba Foods Pvt. Ltd & Ors. the case of the assessee, only survey proceedings u/s. 133A were initiated on the same day. The assessee filed its original return of income on 17/11/2016 declaring total income at Rs. Nil and claiming current year

THE ACIT (CENTRAL), UJJAIN vs. M/S. VYANKTESH PLASTICS & PACKAGING (P) LTD., UJJAIN

ITA 737/IND/2019[2015-16]Status: DisposedITAT Indore11 Jan 2021AY 2015-16

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

Section 143(3)Section 147Section 68

search and seizure operations u/s. 132 were carried out by the DDIT(Inv.)-II, Indore on 27/07/2017. However, in Ariba Foods Pvt. Ltd & Ors. the case of the assessee, only survey proceedings u/s. 133A were initiated on the same day. The assessee filed its original return of income on 17/11/2016 declaring total income at Rs. Nil and claiming current year

THE ACIT (CENTRAL), UJJAIN vs. M/S. FAMOUS VANIJYA (P) LTD. , UJJAIN

ITA 773/IND/2019[2011-12]Status: DisposedITAT Indore06 Jan 2021AY 2011-12

Bench: Justice P.P. Bhatt, Hon'Ble & Hon'Ble Manish Boradvirtual Hearing Assessment Year: 2016-17 M/S. Ariba Foods Pvt. Acit (Central), Vs. Ltd, 101, Gold Star Building, Ujjain Opp. Treasure Island, 5767 M.G. Road, Indore (Revenue ) (Appellant) Pan No.Aalca7223M Assessment Year: 2015-16 M/S. Vyanktesh Plastics Acit (Central), Vs. & Packaging Pvt. Ltd, 75/7-B, Industrial Area, Ujjain Maxi Road, Ujjain (Revenue ) (Appellant) Pan No.Aaacv6547J Assessment Year: 2011-12

Section 143(3)Section 147Section 68

search and seizure operations u/s. 132 were carried out by the DDIT(Inv.)-II, Indore on 27/07/2017. However, in Ariba Foods Pvt. Ltd & Ors. the case of the assessee, only survey proceedings u/s. 133A were initiated on the same day. The assessee filed its original return of income on 17/11/2016 declaring total income at Rs. Nil and claiming current year