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168 results for “disallowance”+ Section 153Aclear

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Key Topics

Section 271D182Section 153A97Section 269S78Section 143(3)64Addition to Income50Disallowance48Section 8047Section 13235Section 14732Penalty

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 168 · Page 1 of 9

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29
Section 153C27
Deduction17

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

ACIT(CENTRAL)-1,, INDORE vs. SHRI RAJUL BHARGAVA, INDORE

The appeals of the Revenue are dismissed

ITA 26/IND/2021[2013-14]Status: DisposedITAT Indore15 Mar 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 132Section 143(3)Section 148Section 153A

153A for AYs 2008-09 to 2014-15 since the entire material was already available with the LD. AO at the time of regular assessment proceedings and no new material came to the possession, therefore, this is a clear case of change of opinion. From the questionnaire dated 15.01.2016 issued during the course of regular assessment proceedings, copy of which

ACIT(CENTRAL)-1, INDORE, INDORE vs. SHRI RAUNAK MARU, INDORE

The appeals of the Revenue are dismissed

ITA 27/IND/2021[2013-14]Status: DisposedITAT Indore15 Mar 2022AY 2013-14

Bench: Shri Mahavir Prasad & Shri Manish Borad

Section 132Section 143(3)Section 148Section 153A

153A for AYs 2008-09 to 2014-15 since the entire material was already available with the LD. AO at the time of regular assessment proceedings and no new material came to the possession, therefore, this is a clear case of change of opinion. From the questionnaire dated 15.01.2016 issued during the course of regular assessment proceedings, copy of which

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

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

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

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

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

M/S. AVALANCHE REALITY PVT. LTD.,INDORE vs. THE ACIT3(1), INDORE

In the result, the appeal filed by the assessee is

ITA 535/IND/2013[2008-09]Status: DisposedITAT Indore03 Dec 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2008-09

Section 132Section 143(3)Section 153CSection 40A(3)

disallowance of Rs.15,16,961/- by invoking the provisions of section 40A(3) of the Act. 3. Aggrieved by this, the assessee preferred an appeal before Ld. CIT(A), who after considering the submissions, partly allowed the appeal. Thereby the Ld. CIT(A) sustained the addition of Rs.6,89,26,888/- and deleted the addition of Rs.16

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

THE ACIT (CENTRAL)-1, INDORE vs. M/S. M.C.S. TRADING COM. PVT. LTD., INDORE

In the result the appeals of the revenue for Assessment Year

ITA 353/IND/2017[2012-13]Status: DisposedITAT Indore09 Apr 2019AY 2012-13

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

Section 132Section 143(3)Section 153A

153A as invalid in absence of incriminating documents whereas, as per the Income Tax Act and in the light of various case laws the assessment proceeding cannot be invalid when a search action u/s 132 of the Act was carried out and warrant of authorization was issued and executed against the assessee.” Assessee’s C.O. No. 38/Ind/2016, Assessment Year

SHRI RAMESH CHAND RAI,JHANSI vs. THE DCIT CENTRAL-1, BHOPAL

In the result, both the appeals of the assessee are allowed

ITA 156/IND/2021[2012-13]Status: DisposedITAT Indore12 Jul 2022AY 2012-13

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Nisha Lahoti & Vijay Bansal, ARsFor Respondent: Shri Harshit Bari, Sr. D.R
Section 147Section 153A

disallowance of expenses was not made by passing order under Section 153A read with Section 143(3) and thus made

SHRI RAMESH CHAND RAI,JHANSI vs. THE DCIT CENTRAL-1, BHOPAL

In the result, both the appeals of the assessee are allowed

ITA 155/IND/2021[2009-10]Status: DisposedITAT Indore12 Jul 2022AY 2009-10

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Nisha Lahoti & Vijay Bansal, ARsFor Respondent: Shri Harshit Bari, Sr. D.R
Section 147Section 153A

disallowance of expenses was not made by passing order under Section 153A read with Section 143(3) and thus made

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