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139 results for “disallowance”+ Section 14A(2)clear

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Key Topics

Section 14A193Section 143(3)124Disallowance77Addition to Income75Section 26362Section 6837Section 271(1)(c)37Section 143(1)34Section 143(2)23Penalty

INFOBEANS TECHNOLOGIES LIMITED,INDORE, M.P. vs. THE PRINCIPAL COMMISSIONER OF INCOME-TAX, INDORE - 1, INDORE, M.P.

In the result, the appeal filed by the assessee is dismissed being devoid of

ITA 371/IND/2024[2018-19]Status: DisposedITAT Indore29 Apr 2025AY 2018-19

Bench: Sh. Bhagirath Mal Biyani & Sh. Udayan Dasgupta

For Appellant: S/Sh.SN Agrawal & Ritesh Jain, ARs
Section 143(3)Section 14ASection 14A(2)Section 154Section 263

disallowance of expenses under section 14A of the Act even when the assessing officer after proper examination of records and due application of mind has not recorded satisfaction under section 14A(2

Showing 1–20 of 139 · Page 1 of 7

22
Section 36(1)(va)20
Deduction20

THE ACIT-2(1), UJJAIN vs. M/S. TURQUISE INVESTMENT & FINANCE PVT.LTD., NAGDA

In the result, against total disallowance of Rs

ITA 332/IND/2017[2008-09]Status: DisposedITAT Indore06 Feb 2019AY 2008-09

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

Section 10(34)Section 143(3)Section 14ASection 263

disallowance shall be determined by the assessing officer in accordance with the provisions of sub-section (2) and sub-section (3) of section 14A

SHRI SURENDRA SINGH BHATIA,INDORE vs. THE JCIT-3, INDORE

In the result, assessee’s appeal is allowed

ITA 252/IND/2017[2008-09]Status: DisposedITAT Indore24 Nov 2022AY 2008-09

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri Sumit Nema, Sr. Advocate with Shri Gagan TiwariFor Respondent: 28.09.2022
Section 132Section 132(4)Section 143Section 143(1)Section 271ASection 271DSection 274Section 41(1)

14A of the Act or by making ad-hoc disallowance out of the certain expenses claimed by me. It shall be pertinent to note that no penalty has been initiated in respect of the above said addition of Rs.15,02,129/- and in any case, the said additions of Rs.15,02,129/- has been deleted by the Appellate Commissioner

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)

section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance under section

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)

section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance under section

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)

section 14A(2) of the Act was improper and otherwise bad in law and as such, no disallowance under section

THE ACIT, CENTRAL-1, INDORE vs. M/S. ARIHANT CAPITAL MARKETS LTD., INDORE

In the result, the appeal of the revenue and cross objection of

ITA 370/IND/2017[2013-14]Status: DisposedITAT Indore31 May 2018AY 2013-14

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2013-14

Section 143(2)Section 143(3)Section 14A

2) and 142(1) of the Act duly served upon the assessee. The Assessing Officer on going through the expenditure on interest. However, no expenditure has been disallowed u/s 14A of the Act. The Assessing Officer accordingly applying the method provided under Rule 8D of the Income Tax Rules read with section

ACIT, KHANDWA vs. M/S C.P. INDUSTRIAL PRODUCTS PVT. LTD. , BURHANPUR

In the result the appeal of the revenue is dismissed

ITA 603/IND/2018[2010-11]Status: DisposedITAT Indore27 Feb 2019AY 2010-11

Bench: Hon'Ble V. Durga Rao & Hon'Ble Manish Boradassessment Year 2010-11 Assistant Commissioner Of M/S. C.P. Industrial Income Tax, Vs. Products Pvt. Ltd, Khandwa Burhanpur (M.P) (Appellant) (Respondent ) Pan No.Aaccc1362 Revenue By Shri K.G. Goyal. Sr. D.R. Assessee By S/Shri S.N. Agrawal & Pankaj Mogra, Ca’S Date Of Hearing 25.02.2019 Date Of Pronouncement 27.02.2019 O R D E R

Section 143(3)Section 147Section 148Section 14A

disallowance of Rs.20,35,445/- 2 C.P. Industrial Products Pvt. Ltd vide order dated 27.07.2017. 3. Now the revenue is in appeal before the Tribunal raising following grounds of appeal; “1. Whether on the facts and in the circumstances case, learned CIT(A) is justified in deleting the additions of Rs.20,74,272/- made by A.O u/s 14A

THE ACIT, CIRCLE 2(1), INDORE vs. DR. SHRI RAJEEV CHAUDHARY, INDORE

In the result, the appeal of the revenue is allowed and cross objection of the assessee is partly allowed

ITA 293/IND/2012[2008-09]Status: DisposedITAT Indore10 Jan 2019AY 2008-09

Bench: Hon'Ble I Kul Bharat & Hon'Ble Manish Boradassessment Year 2008-09 Pan : Abkpc5729K Assistant Commissioner Of V/S Dr.Rajeev Choudhary Income Tax, 1, Shiv Vilas Palace Circle-2(1), Indore Indore

Section 147Section 14A

disallowance made by the learned AO of Rs. 2,15,542/- by invoking the provision of section 14A to be read

M/S. TREASURE WORLD DEVELOPERS PVT. LTD.,INDORE vs. THE ACIT 2(1), INDORE

In the result both the Cross Appeals are dismissed

ITA 398/IND/2014[2009-10]Status: DisposedITAT Indore27 Jun 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Treasure World Acit 4(1), बनाम/ Developers Pvt. Ltd, Indore Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Assessee/Appellant) (Revenue/Respondent) Acit 4(1), M/S. Treasure World बनाम/ Indore Developers Pvt. Ltd, Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Revenue/Appellant) (Assessee/Respondent)

Section 14ASection 178

disallowance of Rs.12,01,08,567/- on account of interest expenditure under Rule 8D(2)(i) and Rs.1,40,50,474/- under rule 8D(2)(ii) and Rs.46,40,398/- under rule 8D(2)(iii) being 5% of average value of investment. 4. Ld. DR stated that the CIT(A) has granted relief to the assessee and deleted the addition

THE DCIT, 2(1), INDORE vs. M/S. TREASURE WORLD DEVELOPERS PVT. LTD., INDORE

In the result both the Cross Appeals are dismissed

ITA 439/IND/2014[2009-10]Status: DisposedITAT Indore27 Jun 2024AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Treasure World Acit 4(1), बनाम/ Developers Pvt. Ltd, Indore Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Assessee/Appellant) (Revenue/Respondent) Acit 4(1), M/S. Treasure World बनाम/ Indore Developers Pvt. Ltd, Vs. Through Office Of The Official Liquidator, High Court Of Bombay, Bank Of India Building, 5Th Floor, M.G. Road, Indore (Pan: Abopb0352F ) (Revenue/Appellant) (Assessee/Respondent)

Section 14ASection 178

disallowance of Rs.12,01,08,567/- on account of interest expenditure under Rule 8D(2)(i) and Rs.1,40,50,474/- under rule 8D(2)(ii) and Rs.46,40,398/- under rule 8D(2)(iii) being 5% of average value of investment. 4. Ld. DR stated that the CIT(A) has granted relief to the assessee and deleted the addition

ACIT CENTRAL-2, INDORE vs. M/S KALLYAN TOLL INFRASTRUCTURE LTD, INDORE

In the result, appeals of the Revenue ITANo

ITA 14/IND/2021[2017-18]Status: DisposedITAT Indore08 Mar 2022AY 2017-18

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2017-18 Acit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M Assessment Year:2015-16 Acit Central-2, M/S Keti Sangam Infrastructure India Ltd., Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No.Aadck0129Q Revenue By Shri P.K. Mitra, Cit-Dr Assessees By Shri Ajay Tulsiyan, Ca Date Of Hearing: 22.12.2021 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

Section 14Section 143(3)Section 14A

2) and section 14A(3), which operate in altogether different circumstances and both the sections cannot be invoked simultaneously. The main thrust of the appellant is that it has not earned any exempt income during the year under consideration hence disallowance

ACIT,CENTRAL-2, INDORE vs. M/S KRTI SANGAM INFRASTRUCTURE LTD , INDORE

In the result, appeals of the Revenue ITANo

ITA 15/IND/2021[2015-16]Status: DisposedITAT Indore08 Mar 2022AY 2015-16

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year:2017-18 Acit Central-2, M/S Kalyan Toll Infrastructure Indore Ltd., Indore बनाम/ (Appellant) (Respondent ) Vs. P.A. No.Aacck1840M Assessment Year:2015-16 Acit Central-2, M/S Keti Sangam Infrastructure India Ltd., Indore बनाम/ Indore Vs. (Appellant) (Respondent ) P.A. No.Aadck0129Q Revenue By Shri P.K. Mitra, Cit-Dr Assessees By Shri Ajay Tulsiyan, Ca Date Of Hearing: 22.12.2021 Date Of Pronouncement: 08.03.2022 आदेश / O R D E R

Section 14Section 143(3)Section 14A

2) and section 14A(3), which operate in altogether different circumstances and both the sections cannot be invoked simultaneously. The main thrust of the appellant is that it has not earned any exempt income during the year under consideration hence disallowance

M/S VIJAY PULSES,INDORE vs. THE ACIT 4(1), INDORE

In the result, the appeal of the assessee is dismissed

ITA 205/IND/2022[2018-19]Status: DisposedITAT Indore13 Mar 2023AY 2018-19

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) M/S. Vijay Pulses, Dcit, Cpc, 12, Sajan Nagar, Bangalore Vs. Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaafv 9714 E Assessee By None Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 30.01.2023 Date Of Pronouncement 13.03.2023

Section 139(1)Section 143(1)(a)Section 143(1)(iv)Section 154Section 43B

2,10,005/-. 6. Regarding 2nd component of disallowance amounting to Rs. 36,609/- which is paid after due date under PF/ESI laws, we note that identical issue is recently decided against assessee by the Co-ordinate Bench of ITAT, Indore in ITA No. 171/Ind/2021 M/s Prashanti Engineering Works (P) Ltd. Vs. ADIT, CPC, Bangalore, order dated 22.02.2023, after taking

ACIT 4(1), INDORE vs. SHRI SATISH JAIN, INDORE

In the result, the appeal of revenue is dismissed and the cross- objection of assessee is allowed

ITA 851/IND/2017[2013-14]Status: DisposedITAT Indore14 Sept 2022AY 2013-14

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court)

Section 143(2)Section 143(3)Section 14ASection 37Section 40A(2)(b)

2: 9. The issue involved in this Ground is the disallowance u/s 14A of the act. Page 4 of 9 Satish Jain ITA No.851/Ind/2017 & CO No.10/Ind/2018 Assessment Year 2013-14 10. During assessment-proceeding, the Ld. AO made a total disallowance of Rs. 9,75,779/- by invoking section

M/S. BHATIA GLOBAL TRADING LTD.,INDORE vs. THE DCIT 1(1), INDORE

In the result, appeal of assessee is partly allowed

ITA 247/IND/2017[2012-13]Status: DisposedITAT Indore26 Jul 2023AY 2012-13

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanibhatia Global Trading Ltd. Dcit 1(1) Through Official Liquidator Indore Old Cia Building, 1St Floor Vs. Opp. G.P.O. Residency Area, Indore (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaacb6751 C Assessee By None Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 10.05.2023 Date Of Pronouncement 26 .07.2023

Section 143(3)Section 144C(13)Section 144C(5)Section 14A

disallowance under Section 14A of the Act can be made if the assessee had not earned any exempt income), as the revenue has not been accepted the said decision and has preferred an SLP against the said decision. 4. Learned counsel for the petitioner also submits that in view of the amendment made by the Finance Act, 2022 to Section

SHRI MANISH KALANI,INDORE vs. THE DCIT 1(1), INDORE

In the result, the grounds of appeal taken by the assessee in both the assessment years are allowed

ITA 421/IND/2015[2009-10]Status: DisposedITAT Indore13 Jan 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

Section 132Section 143(2)Section 143(3)Section 14ASection 153ASection 271A

disallowance made of Rs.28345/- under section 14A of Income Tax Act. 6. Similarly, in the case of Shri Manish Kalani, who is also an individual and filed the return of income on 06.12.2010 in response to proceedings initiated under section 153A of the Income Tax Act vide notice under section 153A dated 22.10.2010 declaring total income at Rs.1

SHRI SAURABH KALANI,INDORE vs. THE DCIT 1(1), INDORE

In the result, the grounds of appeal taken by the assessee in both the assessment years are allowed

ITA 420/IND/2015[2009-10]Status: DisposedITAT Indore13 Jan 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

Section 132Section 143(2)Section 143(3)Section 14ASection 153ASection 271A

disallowance made of Rs.28345/- under section 14A of Income Tax Act. 6. Similarly, in the case of Shri Manish Kalani, who is also an individual and filed the return of income on 06.12.2010 in response to proceedings initiated under section 153A of the Income Tax Act vide notice under section 153A dated 22.10.2010 declaring total income at Rs.1

AVAILABLE FINANCE LIMITED,INDORE vs. DCIT 1(1) , INDORE

In the result, the appeal of the assessee bearing ITA No

ITA 478/IND/2024[2017-2018]Status: DisposedITAT Indore27 Mar 2025AY 2017-2018

Bench: Sh. Bagirath Mal Biyani & Sh. Udayan Das Gupta

Section 143(3)Section 14ASection 14A(2)Section 250

section 14A(2) will be applicable . He further relied on the CBDT circular no 5/2014 dated 11/02/2014, to observe that actual earning of dividend income is not necessary for working of disallowance

M/S INDUSTRIAL FILTERS & FABRICS PRIVATE LIMITED,INDORE vs. THE ACIT 2(1), INDORE

In the result, the appeals filed by the assessee

ITA 754/IND/2016[2009-10]Status: DisposedITAT Indore23 Aug 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2007-08

Section 133(6)Section 143(3)Section 68

14A of the Act. 2. On the facts and in the circumstances of the case, Ld. CIT(A) erred in confirming the disallowance of Rs.9,35,317/- on account of “Delayed payment of Employee contribution to ESI and PF.” 32. Ground No.1 is against addition made by invoking the provisions of section