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42 results for “disallowance”+ Section 275clear

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Key Topics

Section 143(3)47Addition to Income35Section 26333Section 271(1)(c)27Section 14726Section 12A24Disallowance23Section 143(2)15Deduction15Penalty13Depreciation10Section 1489

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ACIT-3(1), BHOPAL

In the result, appeal for A

ITA 275/IND/2023[2008-09]Status: DisposedITAT Indore30 May 2024AY 2008-09

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

Section 143(3)Section 147Section 148Section 271E

disallow the said claim without any new facts or record is not permissible being change of opinion. Hence, we hold that the reopening of the assessment is not valid and the same is quashed. Since the reopening of the assessment is quashed therefore, the issues raised by the assessee on merits becomes infructuous. 6. For A.Y.2009-10 the assessee has raised

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ITO-2(1), BHOPAL

In the result, appeal for A

ITA 277/IND/2023[2014-15]Status: DisposedITAT Indore30 May 2024AY 2014-15

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

Section 143(3)Section 147Section 148Section 271E

disallow the said claim without any new facts or record is not permissible being change of opinion. Hence, we hold that the reopening of the assessment is not valid and the same is quashed. Since the reopening of the assessment is quashed therefore, the issues raised by the assessee on merits becomes infructuous. 6. For A.Y.2009-10 the assessee has raised

RVR TECHNOLOGIES LTD.,MANDIDEEP vs. ADDL. CIT-RANGE-3, BHOPAL

In the result, appeal for A

ITA 276/IND/2023[2009-10]Status: DisposedITAT Indore30 May 2024AY 2009-10

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

Section 143(3)Section 147Section 148Section 271E

disallow the said claim without any new facts or record is not permissible being change of opinion. Hence, we hold that the reopening of the assessment is not valid and the same is quashed. Since the reopening of the assessment is quashed therefore, the issues raised by the assessee on merits becomes infructuous. 6. For A.Y.2009-10 the assessee has raised

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

ITA 784/IND/2018[2010-11]Status: DisposedITAT Indore09 Mar 2021AY 2010-11

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

Section 143(2)Section 143(3)

275/- only once. The combined reading of these sections provides that the appellate authority may direct for re-computation of total income to give effect to a finding in an order passed by it under an appeal. 15. Up to assessment year 2012-13, assessee had charged actual expenditure incurred on development of land to the Profit and Loss account

DEPUTY COMMISSIONER OF INCOME TAX -5(1), INDORE vs. M/S SUNDERDEEP CONSTRUCTIONS PVT. LTD. , INDORE

In the result both the appeals of the revenue vide ITA No

ITA 786/IND/2018[2013-14]Status: DisposedITAT Indore09 Mar 2021AY 2013-14

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

Section 143(2)Section 143(3)

275/- only once. The combined reading of these sections provides that the appellate authority may direct for re-computation of total income to give effect to a finding in an order passed by it under an appeal. 15. Up to assessment year 2012-13, assessee had charged actual expenditure incurred on development of land to the Profit and Loss account

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

disallowing said payments under section 40A (3)- Whether on facts, impugned revisional order did not require any interference- Held, yes [Para-16] [ In favour of revenue] 4.0 Therefore, in view of the above discussion I am of the considered opinion that the order dated: 06.01.2016 for A.Y. 2013-14 is erroneous in so far as it is also prejudicial

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)

disallowances ouf of various expenses claimed by the appellant whereas the remaining addition of Rs.8,83,283/- was made by invoking the provisions of S.14A of the Act. The AO while passing the assessment order also initiated penalty proceedings under S.271AAA of the Act. A copy of the assessment order has already been furnished by the appellant along with

SANDHVA DIHGE ,DEWAS vs. DCIT CPC BENGALURU, BENGALURU

In the result, appeal of the assessee is partly allowed

ITA 244/IND/2021[2018-19]Status: DisposedITAT Indore30 Mar 2022AY 2018-19

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri S.S. Deshpandey, C.AFor Respondent: Shri R.P. Maurya, Sr. D.R
Section 143(1)Section 143(1)(a)Section 2Section 36(1)(va)Section 37(7)Section 43B

275, M.G. Road, CPC, Bengaluru. Behind Love Kush Hospital, Dewas – 455 001. (M.P.) [PAN – AFRPD 3986 J] (Appellant) (Respondent) Appellant by : Shri S.S. Deshpandey, C.A. Respondent by : Shri R.P. Maurya, Sr. D.R. Date of hearing : 23.02.2022 Date of pronouncement : 30.03.2022 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER : This appeal is filed by the assessee against the order

M/S SHREE COAL ENTERPRISES (I) PVT. LTD.,BHOPAL vs. THE ACIT 3(1), BHOPAL

In the result, all the 12 appeals filed at the instance of

ITA 1337/IND/2016[2006-07]Status: DisposedITAT Indore27 Jun 2018AY 2006-07

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "undisclosed income" means— (i) any income of the specified previous year represented, either wholly or partly, by any money, bullion, jewellery or other valuable article or thing or any entry in the books

M/S KETI SANGAM INFRASTRUCTURE (I) LTD.,INDORE vs. THE DCIT (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

ITA 1341/IND/2016[2009-10]Status: DisposedITAT Indore27 Jun 2018AY 2009-10

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "undisclosed income" means— (i) any income of the specified previous year represented, either wholly or partly, by any money, bullion, jewellery or other valuable article or thing or any entry in the books

M/S KETI SANGHAM INFRASTRUTURE (I) LIMITED,INDORE vs. DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL), INDORE

In the result, all the 12 appeals filed at the instance of

ITA 516/IND/2017[2007-08]Status: DisposedITAT Indore22 Jun 2018AY 2007-08

Bench: Shri Kul Bharat & Shri Manish Borad

Section 132Section 143(3)Section 153ASection 271(1)(c)Section 274

275 shall, so far as may be, apply in relation to the penalty referred to in this section. Explanation.—For the purposes of this section,— (a) "undisclosed income" means— (i) any income of the specified previous year represented, either wholly or partly, by any money, bullion, jewellery or other valuable article or thing or any entry in the books

THE DCIT(EXEMPTION), BHOPAL vs. M/S. INDORE DEVELOPMENT AUTHORITY, INDORE

In the result, appeal of the revenue for A

ITA 870/IND/2016[2011-12]Status: DisposedITAT Indore31 Oct 2019AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2011-12 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue) Pan: Aaaji0103J Assessment Year: 2011-12 Dcit- Indore Development Authority, बनाम/ (Exemption) Ida Building,7, Race Course Vs. Road, Indore Bhopal (Revenue) (Respondent) Pan: Aaaji0103J Assessment Years: 2012-13 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue)

Section 11Section 12ASection 139Section 143(2)Section 143(3)Section 38Section 6

section 12AI12AA of the Income Tax Act, 1961, the income of the appellant Authority should be computed in accordance with the provisions of ss. 11 & 12 of the Income- Tax Act, 1961. 2(a) That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.l6,18,275/- made by the Assessing Officer

M/S INDORE DEVELOPMENT AUTHORITY,INDORE vs. THE DCIT, 5(1), INDORE

In the result, appeal of the revenue for A

ITA 847/IND/2016[2011-12]Status: DisposedITAT Indore31 Oct 2019AY 2011-12

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2011-12 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue) Pan: Aaaji0103J Assessment Year: 2011-12 Dcit- Indore Development Authority, बनाम/ (Exemption) Ida Building,7, Race Course Vs. Road, Indore Bhopal (Revenue) (Respondent) Pan: Aaaji0103J Assessment Years: 2012-13 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue)

Section 11Section 12ASection 139Section 143(2)Section 143(3)Section 38Section 6

section 12AI12AA of the Income Tax Act, 1961, the income of the appellant Authority should be computed in accordance with the provisions of ss. 11 & 12 of the Income- Tax Act, 1961. 2(a) That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.l6,18,275/- made by the Assessing Officer

M/S INDORE DEVELOPMENT AUTHORITY,INDORE vs. THE ACIT (EXEMPTION) CIRCLE, BHOPAL

In the result, appeal of the revenue for A

ITA 1355/IND/2016[2012-13]Status: DisposedITAT Indore31 Oct 2019AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2011-12 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue) Pan: Aaaji0103J Assessment Year: 2011-12 Dcit- Indore Development Authority, बनाम/ (Exemption) Ida Building,7, Race Course Vs. Road, Indore Bhopal (Revenue) (Respondent) Pan: Aaaji0103J Assessment Years: 2012-13 Indore Development Authority, Dcit-5(1) बनाम/ Ida Building,7, Race Course Indore Vs. Road, Indore (Appellant) (Revenue)

Section 11Section 12ASection 139Section 143(2)Section 143(3)Section 38Section 6

section 12AI12AA of the Income Tax Act, 1961, the income of the appellant Authority should be computed in accordance with the provisions of ss. 11 & 12 of the Income- Tax Act, 1961. 2(a) That, the learned CIT(A) grossly erred, both on facts and in law, in confirming the addition of Rs.l6,18,275/- made by the Assessing Officer

DR. VINOD BHANDARI,INDORE vs. THE ACIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

ITA 66/IND/2017[2012-13]Status: DisposedITAT Indore20 Mar 2020AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

Section 133ASection 139(4)Section 143(2)Section 143(3)Section 263Section 57

disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount of Rs. 3479097/- in addition to Rs.7.00 Crores surrendered during the Survey. From all the above it is clear that the A.D had obtained the details of all the heads

SHRI VINOD BHANDARI,INDORE vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is allowed

ITA 350/IND/2017[2012-13]Status: DisposedITAT Indore20 Mar 2020AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

Section 133ASection 139(4)Section 143(2)Section 143(3)Section 263Section 57

disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount of Rs. 3479097/- in addition to Rs.7.00 Crores surrendered during the Survey. From all the above it is clear that the A.D had obtained the details of all the heads

DR. VINOD BHANDARI,INDORE vs. THE DCIT CIR. 2(1), INDORE

In the result appeal of the assessee is allowed

ITA 57/IND/2019[2012-13]Status: DisposedITAT Indore20 Mar 2020AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Shri Vinod Bhandari, Pr. Cit(1), Indore 21- Gf, Bhandari House, Talkies, Scheme No.54, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) Pan No.Abnpb6240M Assessment Year: 2012-13

Section 133ASection 139(4)Section 143(2)Section 143(3)Section 263Section 57

disallowance of excess interest u/s 57 d. Details of amounts appearing in 26AS Statement 4. Further the A.O had - in its show cause notice dt./ 18/03/2015 also mentioned interest amount of Rs. 3479097/- in addition to Rs.7.00 Crores surrendered during the Survey. From all the above it is clear that the A.D had obtained the details of all the heads

SHRI RAJYAVARDHAN SINGH,INDORE vs. THE ACIT CIRCLE 5(1), INDORE

In the result, both the appeal of assessee in ITANo

ITA 421/IND/2017[2009-10]Status: DisposedITAT Indore22 Jan 2019AY 2009-10

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

Section 54FSection 68Section 91

disallowance of Section 54F, Rs. l1.11lakhs on account of 50 C and Rs. 28.73 on account of section 68 as per his predessor's order in Appeal nO.IT /783/11-12 dated 28.02.2014, against which the Appellant's appeal bearing No. ITA/379/IND/2014 is pending before the Hon'ble Tribunal. 8.On the Facts and circumstances of the case, the Ld. CIT (A) Shri

SHRI RAJYAVARDHAN SINGH,INDORE vs. THE ACIT CIRCLE 5(1), INDORE

In the result, both the appeal of assessee in ITANo

ITA 420/IND/2017[2009-10]Status: DisposedITAT Indore22 Jan 2019AY 2009-10

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

Section 54FSection 68Section 91

disallowance of Section 54F, Rs. l1.11lakhs on account of 50 C and Rs. 28.73 on account of section 68 as per his predessor's order in Appeal nO.IT /783/11-12 dated 28.02.2014, against which the Appellant's appeal bearing No. ITA/379/IND/2014 is pending before the Hon'ble Tribunal. 8.On the Facts and circumstances of the case, the Ld. CIT (A) Shri

ISHA AGRAWAL,KHARGONE vs. PCIT-INDORE-1, INDORE

In the result, both of the issues are remanded to the file of PCIT for a

ITA 457/IND/2024[2015-16]Status: DisposedITAT Indore24 Feb 2025AY 2015-16

Bench: Shri B.M. Biyani & Shri Dinesh Mohan Sinhaassessment Year:2015-16 Isha Agrawal, Pcit-1, 1, Aurangpura, Indore बनाम/ Khargone Vs. (Assessee/Appellant) (Revenue/Respondent) Pan: Agfpa1915P Assessee By Shri Anil Garg & Shri Ayush Garg, Ars Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 04.02.2025 Date Of Pronouncement 24.02.2025

Section 147Section 148Section 263Section 44A

disallowance of interest paid thereon automatically follows and is always made by assessing authorities. (iii) That, the assessee has filed return of income declaring business income of Rs. 1,54,027/- on turnover of Rs. 11,85,275/- under presumptive scheme of section

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