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133 results for “disallowance”+ Section 36(1)(viii)clear

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Key Topics

Section 143(3)132Addition to Income67Section 26363Section 14750Section 153A37Section 6836Section 80I36Section 10(38)33Disallowance33Section 271(1)(c)

M/S JILA SAHAKARI KENDRIYA BANK MARYADIT,MANDSAUR vs. THE DCIT, RATLAM

In the result Ground No.1 & 2 raised by the

ITA 386/IND/2017[2012-13]Status: DisposedITAT Indore17 Aug 2018AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Jila Sahakari Kendriya Dcit, Ratlam Bank Maryadit, Vs. Mhow-Neemuch Road, Mandsaur (M.P) (Appellant) (Respondent ) Pan No.Aaatj2383F Revenue By Shri Lalchand, Cit Assessee By Shri S.S. Deshpande,Ca Date Of Hearing 25.7.2018 Date Of 17.8.2018 Pronouncement

Section 143(3)Section 36(1)(viia)Section 36(1)(viii)

sections i.e. 36(1)(viia) and 36(1)(viii) of the Act are different and cannot be equated to each other. 11. Now coming to the issue raised in the instant appeal we find that the Ld.CIT(A) has sustained the disallowance

ACIT, KHANDWA vs. M/S JILA SAHAKARI KENDRIYA BANK, , KHARGONE

ITA 497/IND/2018[12-13]Status: Disposed

Showing 1–20 of 133 · Page 1 of 7

31
Deduction29
Survey u/s 133A16
ITAT Indore
28 Apr 2023

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2012-13 Acit M/S. Jila Sahakari Khandwa Kendriya Bank, बनाम/ Khandwa Raod, Khargone Vs. M.P. (Appellant /Revenue) (Respondent / Assessee) Pan: Aaatj 0529 K Revenue By Shri P.K. Mishra, Cit-Dr Assessee By Shri Subhash Jain & Milind Wadhwani, Ars Date Of Hearing 01.02.2023 Date Of Pronouncement 28.04.2023

Section 143(3)Section 147Section 148Section 36(1)(viia)Section 37

36(1)(viii) as per AO or section 37(1) as concluded by CIT(A), there is neither disallowance in assessment

M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,HOSANGABAD vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessee in I

ITA 325/IND/2018[15-16]Status: DisposedITAT Indore29 May 2018

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 324 & 325/Ind/2018 "नधा"रणवष" / Assessment Years: 2014-15 & 2015-16 M/S. Rajiv Gandhi Proudyogiki Vs. Dcit, Vishwavidyalaya, Cpc, Bhopal Bangaluru

Section 10Section 139Section 143(1)Section 35

36 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. 10. In view of above detailed discussion, there remains no iota of doubt that the appellant institution has never been eligible to claim exemption u/s 10(23C)(iiiab), 10(23C)(iiiad) and 10(23C)(vi) of Income Tax Act, 1961. The claim has been rightly rejected under the valid scope of section 143(1

M/S RAJIV GANDHI PROUDYOGIK VISHWAVIDHALYA,HOSANGABAD vs. DCIT CPC, BENGALURU

In the result, the appeal of the assessee in I

ITA 324/IND/2018[14-15]Status: DisposedITAT Indore29 May 2018

Bench: Shri Kul Bharat & Shri Manish Boradआ.अ.सं /.I.T.A. No. 324 & 325/Ind/2018 "नधा"रणवष" / Assessment Years: 2014-15 & 2015-16 M/S. Rajiv Gandhi Proudyogiki Vs. Dcit, Vishwavidyalaya, Cpc, Bhopal Bangaluru

Section 10Section 139Section 143(1)Section 35

36 M/s.Rajiv Gandhi Proudyogiki Vishwavidyalaya,Bhopal. 10. In view of above detailed discussion, there remains no iota of doubt that the appellant institution has never been eligible to claim exemption u/s 10(23C)(iiiab), 10(23C)(iiiad) and 10(23C)(vi) of Income Tax Act, 1961. The claim has been rightly rejected under the valid scope of section 143(1

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

36 Keti Sangam, etc. ITA Nos. 516/2017, 603/Ind/2016 etc. Principal CIT V/s Shahlon Silk Mills Pvt Ltd dated (iii) 05.02.2018 (iv) (v) Decision of Honourable ITAT, Ahmedabad in case of Sulochanadevi A. Agarwal, Suratvs Department Of Income Tax (vi) Smt. Raj Rani Gupta V/s DCIT Central (vii) Mothers Pride Education Personna P. Ltd. V/s DCIT Central (viii) Neeraj SingalVs. Assistant

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

36 Keti Sangam, etc. ITA Nos. 516/2017, 603/Ind/2016 etc. Principal CIT V/s Shahlon Silk Mills Pvt Ltd dated (iii) 05.02.2018 (iv) (v) Decision of Honourable ITAT, Ahmedabad in case of Sulochanadevi A. Agarwal, Suratvs Department Of Income Tax (vi) Smt. Raj Rani Gupta V/s DCIT Central (vii) Mothers Pride Education Personna P. Ltd. V/s DCIT Central (viii) Neeraj SingalVs. Assistant

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

36 Keti Sangam, etc. ITA Nos. 516/2017, 603/Ind/2016 etc. Principal CIT V/s Shahlon Silk Mills Pvt Ltd dated (iii) 05.02.2018 (iv) (v) Decision of Honourable ITAT, Ahmedabad in case of Sulochanadevi A. Agarwal, Suratvs Department Of Income Tax (vi) Smt. Raj Rani Gupta V/s DCIT Central (vii) Mothers Pride Education Personna P. Ltd. V/s DCIT Central (viii) Neeraj SingalVs. Assistant

ACIT, KHANDWA vs. M/S JILA SAHAKARI KENDRIYA BANK, , KHARGONE

Accordingly Ld. AO made a mathematical working of 20% limit at Rs. 5,54,05,042/-; finally disallowed excess deduction of Rs

ITA 455/IND/2018[14-15]Status: DisposedITAT Indore28 Apr 2023

Bench: Ms. Suchitra Kamble & Shri B.M. Biyani(Conducted Through Virtual Court) Assessment Year: 2014-15 Acit M/S. Jila Sahakari Khandwa Kendriya Bank, बनाम/ Khandwa Road, Khargone Vs. (Appellant /Revenue) (Respondent / Assessee) Pan: Aaatj 0529 K Revenue By Shri P.K. Mishra, Cit-Dr Assessee By Shri Subhash Jain & Milind Wadhwani, Ars Date Of Hearing 01.02.2023 Date Of Pronouncement 28.04.2023

Section 143(2)Section 143(3)Section 36(1)(viia)Section 36(1)(viii)

disallowance ignoring the fact that they were provisions and not real expenditure; therefore the same were allowable to the extent of 20% of profit of business in terms of section 36(1)(viii

THE ACIT-3(1), INDORE vs. M/S. NARMADA MALWA GRAMIN BANK, INDORE

In the result, appeal of the assessee is allowed

ITA 81/IND/2016[2008-09]Status: DisposedITAT Indore03 May 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09

Section 143(3)Section 271(1)(c)Section 36(1)Section 36(1)(vii)Section 36(1)(viia)

viii. ACIT vs. Indore Premier Cooperative Bank in ITA No.71/2015 dated 06.10.2015 5.5 From the record it is seen that the claim of the appellant u/s 36(1)(vii(a) was disallowed following the line of argument taken in the appellant's own case for A.Y. 2007-08 wherein identical claim was made by the appellant

M/S. NARMADA MALWA GRAMIN BANK,INDORE vs. THE ACIT-3(1), INDORE

In the result, appeal of the assessee is allowed

ITA 95/IND/2016[2008-09]Status: DisposedITAT Indore03 May 2018AY 2008-09

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year : 2008-09 Acit- 3(1) M/S. Narmada Malwa Gramin Indore Bank, बनाम/ 201, Arcade Silver, 56 Shops, New Vs. Palasia, Indore (M.P.) (Revenue ) (Respondent) P.A. No. Aaccn2847F Assessment Year: 2008-09

Section 143(3)Section 271(1)(c)Section 36(1)Section 36(1)(vii)Section 36(1)(viia)

viii. ACIT vs. Indore Premier Cooperative Bank in ITA No.71/2015 dated 06.10.2015 5.5 From the record it is seen that the claim of the appellant u/s 36(1)(vii(a) was disallowed following the line of argument taken in the appellant's own case for A.Y. 2007-08 wherein identical claim was made by the appellant

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

viii) Shreenath Builders v. Dy. CIT [2000] 111 Taxman 142 (Mag.) 7.1 Thus, Ld. AR has submitted that even otherwise when the repayment was through RTGS the same is through banking channel and cannot be held as a violation of section 269T of the Act. He has pointed out that this mode of payment was included subsequently vide amendment however

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

viii) Shreenath Builders v. Dy. CIT [2000] 111 Taxman 142 (Mag.) 7.1 Thus, Ld. AR has submitted that even otherwise when the repayment was through RTGS the same is through banking channel and cannot be held as a violation of section 269T of the Act. He has pointed out that this mode of payment was included subsequently vide amendment however

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

viii) Shreenath Builders v. Dy. CIT [2000] 111 Taxman 142 (Mag.) 7.1 Thus, Ld. AR has submitted that even otherwise when the repayment was through RTGS the same is through banking channel and cannot be held as a violation of section 269T of the Act. He has pointed out that this mode of payment was included subsequently vide amendment however

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

36 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 non maintenance of regular books of accounts, violations of provisions of Sec.13(1)( c) of the Act in as much as the trustees were paid enormous salary are all by way of passing reference having norelevance to whether or not the Assessee was pursuing education as its main object. There

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

36 Shri Jairam Education Society ITA No.90 & 548/Ind/2019 non maintenance of regular books of accounts, violations of provisions of Sec.13(1)( c) of the Act in as much as the trustees were paid enormous salary are all by way of passing reference having norelevance to whether or not the Assessee was pursuing education as its main object. There

THE DCIT (CENTRAL), INDORE vs. M/S KETI CONSTRUCTION (INDIA) LTD. , INDORE

In the result all the grounds raised by Revenue in the case of

ITA 877/IND/2019[2008-09]Status: DisposedITAT Indore23 Sept 2020AY 2008-09

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

Section 132Section 132(4)Section 143(3)Section 153ASection 271(1)(c)Section 274Section 36

disallowances. The additions made by the Ld. A.O were partly deleted by Ld. CIT(A) and remaining were deleted by the Tribunal except for the addition of Rs.2,28,103/- sustained on account of additional claim of depreciation. 6. Subsequently Penalty proceedings were initiated u/s 271(1)(c) of the Act. Assessee’s submissions were noted in the penalty proceedings

THE DCIT-CENTRAL-2, INDORE vs. M/S. KALYAN TOLL INFRASTRUCTURE LTD., INDORE

In the result all the grounds raised by Revenue in the case of

ITA 878/IND/2019[2010-11]Status: DisposedITAT Indore23 Sept 2020AY 2010-11

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2010-11

Section 132Section 132(4)Section 143(3)Section 153ASection 271(1)(c)Section 274Section 36

disallowances. The additions made by the Ld. A.O were partly deleted by Ld. CIT(A) and remaining were deleted by the Tribunal except for the addition of Rs.2,28,103/- sustained on account of additional claim of depreciation. 6. Subsequently Penalty proceedings were initiated u/s 271(1)(c) of the Act. Assessee’s submissions were noted in the penalty proceedings

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

THE ACIT, CIRCLE 2(1), INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

ITA 216/IND/2021[2010-11]Status: DisposedITAT Indore24 Nov 2022AY 2010-11

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

disallowing entire deprecation claimed by appellant and secondly not justified in estimating NP @ 5%. Thus, addition made by the AO amounting to Rs. 2,04,60,184/- is Deleted. Therefore, appeal on this ground is Allowed.” 18. We have considered rival contentions and gone through the material available on record. We find that the facts discussed above squarely establish that

THE ACIT, CENTRAL-1, INDORE vs. M/S SURYA INFRA VENTURE PVT. LTD., INDORE

ITA 232/IND/2021[2012-13]Status: DisposedITAT Indore24 Nov 2022AY 2012-13

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

Section 143(3)Section 37Section 40A(3)Section 40a

disallowing entire deprecation claimed by appellant and secondly not justified in estimating NP @ 5%. Thus, addition made by the AO amounting to Rs. 2,04,60,184/- is Deleted. Therefore, appeal on this ground is Allowed.” 18. We have considered rival contentions and gone through the material available on record. We find that the facts discussed above squarely establish that