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89 results for “disallowance”+ Section 153Aclear

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Key Topics

Section 271D182Section 269S78Section 153A77Section 143(3)72Section 153C63Addition to Income61Section 8057Disallowance49Penalty32Section 147

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)

disallowance made by AO does not call any interference. 4.6 The appellant has also relied on the decision of Hon'ble special Bench in the case of M/s All Cargo Global Logistics Limited vs DCIT as reported in 20 ITJ 045 where the bench has discussed the relevant provision of section 153A

Showing 1–20 of 89 · Page 1 of 5

30
Section 12A23
Deduction18

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

153A merges into one and in case of complete/unabated assessments no addition can be made by the IT(SS) No.30 & 31/Ind/2023 ITA (SS) No.305/Ind/2023 Shailendra Sharma A.O in the absence of any incriminating material found during the course of search u/s 132 or requisition u/s 132A of the Act. Accordingly in the facts and circumstances of the case when

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 201/IND/2019[2012-13]Status: DisposedITAT Indore22 Sept 2021AY 2012-13

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57,559/- is the issue before us. The said claim of the assessee has been rejected by both the parties below and hence the appeal before us. 3. We have heard the rival submissions made by the respective parties and we have also

ASHISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 199/IND/2019[2011-12]Status: DisposedITAT Indore22 Sept 2021AY 2011-12

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57,559/- is the issue before us. The said claim of the assessee has been rejected by both the parties below and hence the appeal before us. 3. We have heard the rival submissions made by the respective parties and we have also

MANISH CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 200/IND/2019[2011-12]Status: DisposedITAT Indore22 Sept 2021AY 2011-12

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57,559/- is the issue before us. The said claim of the assessee has been rejected by both the parties below and hence the appeal before us. 3. We have heard the rival submissions made by the respective parties and we have also

PAWAN KUMAR CHHAPARIA,MUMBAI vs. ITO BURHANPUR, BURHANPUR

Appeal is allowed

ITA 202/IND/2019[2011-12]Status: DisposedITAT Indore22 Sept 2021AY 2011-12

Bench: Shri Manish Borad& Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Harshit Bari, Sr. DR
Section 10(38)Section 147Section 147oSection 148

disallowance of claim of long term capital gain on sale of listed shares amounting to Rs. 77,57,559/- is the issue before us. The said claim of the assessee has been rejected by both the parties below and hence the appeal before us. 3. We have heard the rival submissions made by the respective parties and we have also

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 309/IND/2017[2013-14]Status: DisposedITAT Indore25 Jan 2023AY 2013-14

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

section 153A. Therefore, since the loans taken were found to be genuine, disallowance of interest on such loans was not valid

THE DCIT, 2(1), INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 244/IND/2017[2012-13]Status: DisposedITAT Indore25 Jan 2023AY 2012-13

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

section 153A. Therefore, since the loans taken were found to be genuine, disallowance of interest on such loans was not valid

JCIT(OSD),-2(1),INDORE, INDORE vs. SHRI KESHAV KUMAR NACHANI, INDORE

In the result, all the appeals of the Revenue are dismissed

ITA 441/IND/2018[2014-15]Status: DisposedITAT Indore25 Jan 2023AY 2014-15

Bench: Smt. Madhumita Roy & Shri Bhagirath Mal Biyani

For Appellant: Shri S. S. Deshpande, CAFor Respondent: Shri P.K. Mishra, CIT-DR
Section 132Section 132(4)Section 142(1)Section 143(2)Section 143(3)Section 153ASection 68

section 153A. Therefore, since the loans taken were found to be genuine, disallowance of interest on such loans was not valid

ANAND PRAKASH KAMDAR,BHOPAL vs. ACIT-1(1), BHOPAL

ITA 58/IND/2019[2010-11]Status: DisposedITAT Indore20 Jan 2023AY 2010-11

Bench: Shri Chandra Mohan Garg & Shri B.M. Biyaniassessment Year: 2010-11 Anand Prakash Kamdar Acit-1(1) E-4/188, Bhopal बनाम/ Arera Colony, Vs. Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan: Afopk0788A Assesseeby S/Shri Sumit Nema, Sr. Adv.& Gagan Tiwari Adv. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 17.11.2022 Date Of Pronouncement 20.01.2023

Section 132Section 139Section 139(1)Section 143(3)Section 153ASection 54B

153A read with section 143(3). While completing assessment, the Ld. AO computed taxable gain at Rs. 37,38,356/- and disallowed

SHRI M A KHAN,BHOPAL vs. THE ACIT 3(1), BHOPAL

ITA 105/IND/2015[2010-11]Status: DisposedITAT Indore31 Mar 2023AY 2010-11

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) It(Ss)A Nos.37 To 42/Ind/2015 & Assessment Years: 2004-05 To 2010-11 Late M.A. Khan Acit 3(1) (Through L/H Nazhat Bhopal Parveen Khan) बनाम/ B-90, Housing Board, Vs. Kohefiza, Bhopal (Appellant / Assessee) (Respondent / Revenue) Pan:Aewpk 3620 C Assessee By Ms. Nisha Lahoti & Shri Vijay Bansal, Ars Revenue By Shri P.K. Mishra, Cit-Dr Date Of Hearing 12.01.2023 Date Of Pronouncement 31.03.2023

Section 132Section 143(3)Section 153Section 153ASection 153A(1)

section 153A. This proposition has been clearly upheld by Hon’ble Jurisdictional High Court of Madhya Pradesh in Gahoi Dal & Oil Mills (supra), which is a decision binding upon this Bench of ITAT working at Indore. At this stage, we would also like to add that in their later decision in the case of Pr. CIT and ors. Vs. Meeta

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 68/IND/2021[2016-17]Status: DisposedITAT Indore23 Dec 2021AY 2016-17

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

disallowance of interest on the unsecured loans, the assessee submitted that such interest was claimed by the assessee on the various unsecured loans taken by it from the aforesaid companies, and for which the AO has invoked the provisions of section 68 of the Act. Learned Counsel for the assessee submitted that the loans from the subject companies were genuinely

DCIT , CENTRAL -2 , INDORE vs. M/S GREAT GALLEON VENTURES LTD , INDORE

In the result, the appeals of the Revenue bearing ITANo

ITA 67/IND/2021[2015-16]Status: DisposedITAT Indore23 Dec 2021AY 2015-16

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 145(3)Section 153ASection 68Section 69ASection 69C

disallowance of interest on the unsecured loans, the assessee submitted that such interest was claimed by the assessee on the various unsecured loans taken by it from the aforesaid companies, and for which the AO has invoked the provisions of section 68 of the Act. Learned Counsel for the assessee submitted that the loans from the subject companies were genuinely

M/S SWADESH DEVLOPERS AND BUILDERS,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL)-2, BHOPAL

ITA 705/IND/2017[2014-15]Status: DisposedITAT Indore10 Aug 2021AY 2014-15

Bench: Shri Rajpal Yadav Hon'Ble & Shri Manish Borad

Section 132Section 143(2)Section 153ASection 44ASection 80I

section 153A of the Act qua each of the assessment year would justify. Swadesh Developers 16. In the case of Principal CIT Vs. Soumya Constructions 387 ITR 529 (Guj.) the Hon'ble Gujarat High Court has observed that the addition was based on statement of the third person and not based on any incriminating material found during the course

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

D.K CONSTRUCTION,BHOPAL vs. THE ITO 2 (3), BHOPAL

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 23/IND/2022[2014-15]Status: DisposedITAT Indore06 Sept 2024AY 2014-15

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanid. K Construction Ito 2(3) E 2/21, Pandit Deeendayal Bhopal Complex, Arera Colony, Vs. Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaafd7121P Assessee By Shri S.S. Deshpande, Ar Shri Ram Kumar Yadav, Cit- Dr Revenue By Date Of Hearing 04.09.2024 Date Of Pronouncement 09 .09.2024

Section 158A(1)Section 256Section 257Section 261Section 801B(10)Section 80I

disallowing the claim for deduction under Section 801B (10) (a) of the Act, inspite of a finding of fact by the Income Tax Appellate Tribunal, the Ultimate fact finding Authority, that the Completion Certificate dated 24.12.2010 filed by the Petitioner clearly mentions that the project was completed in March, 2008? 4.1 As it is clear from the finding

PREM CHAWLA LEGAL HEIR OF LATE SMT. SUDESH CHAWLA,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX-1(1), BHOPAL, BHOPAL

Appeals of the assessee are allowed mutatis mutandis

ITA 680/IND/2024[2001-02]Status: DisposedITAT Indore07 Apr 2025AY 2001-02

Bench: Shri Bhagirath Mal Biyani, Accountant\Nmember\Nand\Nshri Paresh M Joshimember\N\Nita Nos.673 To 679/Ind/2024\N Assessment Years: 2000-2001 To 2006-2007\Nprem Chawla,\Ng-2/161, Gulmohar\Ncolony,\Nbhopal\N(Assessee/Appellant)\Nacit-1(1),\Nbhopal\Nबनाम /\Nvs.\N(Revenue/Respondent)\N\Npan: Aaopc3494N\Nassessee By Shri S.S. Deshpande, Ar\Nrevenue By Shri Ashish Porwal, Sr. Dr\Ndate Of Hearing 19.03.2025\Ndate Of Pronouncement 07.

Section 153ASection 253

Section 253 of the Income Tax Act, 1961 (hereinafter\nreferred to as the 'Act' for sake of brevity). The assessee is\naggrieved by the order bearing Number CIT(A)-3\nBhopal/IT/10289/2016-17/139 dated 28.06.2024 of CIT(A) u/s\n250 of the Act, which is hereinafter referred to as the “impugned\norder\". The relevant Assessment Year is 2000-2001 and the\ncorresponding

THE ACIT, 4(1), INDORE vs. SHRI SANJAY LUNAWAT, INDORE

ITA 396/IND/2018[2010-11]Status: DisposedITAT Indore13 Sept 2021AY 2010-11

Bench: Shri Rajpal Yadav, Vice- & Shri Manish Boradvirtual Hearing Assessment Year 2010-11

Section 143(3)Section 201(1)Section 40Section 68

disallowance u/s 40(a)(ia) of the IT Act even though the first proviso of section 201(1) of the IT Act was inserted w.e.f. 01/07/2012 whereas the relevant A.Y. in the case of the assessee is A. Y. 2010-11 and also the assessee has not produced the certificate from C.A in prescribed proforma as envisaged in provision

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