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469 results for “disallowance”+ Set Off of Lossesclear

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Key Topics

Section 143(3)105Addition to Income71Section 14752Section 6850Section 26344Disallowance42Section 10(38)33Section 12A32Deduction30Section 143(2)

ACIT CIRCLE 1(1), UJJAIN vs. A ONE ENCLAVE, UJJAIN

In the result, grounds taken by Revenue are dismissed

ITA 828/IND/2018[2012-13]Status: DisposedITAT Indore26 Jul 2019AY 2012-13

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 Acit, Circle-1(1), V/S M/S. A One Enclave, Ujjain 3687/1, Hariphatak Road, Ujjain

Section 115BSection 133ASection 143(2)Section 143(3)Section 263Section 68

set off of brought forwarded depreciation and losses, balance income was offered for taxation. Ld. A.O was however not convinced with this claim and was of the view that the assessee is not eligible for any deduction from the income surrendered during the course of survey. He accordingly treated the unaccounted investment in hotel building

Showing 1–20 of 469 · Page 1 of 24

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26
Section 14826
Long Term Capital Gains22

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

ITA 219/IND/2021[2015-16]Status: DisposedITAT Indore30 Jan 2023AY 2015-16

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ruchira SinghalFor Respondent: Shri P.K Mishra, CIT (DR)

disallowance of contrived losses on NMCE(Rs. 14,89,59,801/-) by overlooking the glaring evidences/findings of synchronized trades executed by the assessee with a cluster of brokers/counterparties on NMCE exchange which had resulted in excessive losses which were then set

THE ACIT, CENTRAL-1, INDORE vs. M/S. MANISH AGRO TECH PVT. LTD., INDORE

In the result grounds of revenue for A

ITA 218/IND/2021[2012-13]Status: DisposedITAT Indore30 Jan 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ruchira SinghalFor Respondent: Shri P.K Mishra, CIT (DR)

disallowance of contrived losses on NMCE(Rs. 14,89,59,801/-) by overlooking the glaring evidences/findings of synchronized trades executed by the assessee with a cluster of brokers/counterparties on NMCE exchange which had resulted in excessive losses which were then set

THE ACIT ,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 226/IND/2021[2012-2013]Status: DisposedITAT Indore30 Jan 2023AY 2012-2013

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

disallowance of contrived losses on NMCE (Rs.9,33,62,482/-) by overlooking the glaring evidences/findings of synchronized trades executed by the assessee with a cluster of brokers/ counterparties on NMCE exchange which had resulted in excessive losses which were then set

THE ADDL. CIT RANGE -1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 227/IND/2021[2015-16]Status: DisposedITAT Indore30 Jan 2023AY 2015-16

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

disallowance of contrived losses on NMCE (Rs.9,33,62,482/-) by overlooking the glaring evidences/findings of synchronized trades executed by the assessee with a cluster of brokers/ counterparties on NMCE exchange which had resulted in excessive losses which were then set

THE ACIT,CENTRAL-1, INDORE vs. M/S PRAKASH OILS LTD., DHAR

In the result, the above captioned appeals filed by the Revenue as well as the

ITA 235/IND/2021[2011-12]Status: DisposedITAT Indore30 Jan 2023AY 2011-12

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Ajay Tulsian, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 147

disallowance of contrived losses on NMCE (Rs.9,33,62,482/-) by overlooking the glaring evidences/findings of synchronized trades executed by the assessee with a cluster of brokers/ counterparties on NMCE exchange which had resulted in excessive losses which were then set

M/S PUMARTH PROPERTIES & HOLDING (P) LTD.,INDORE vs. THE DCIT (CENTRAL)-1, INDORE

In the result, the appeal of the Assessee is allowed

ITA 954/IND/2016[2013-14]Status: DisposedITAT Indore31 Jan 2018AY 2013-14

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

Section 115BSection 132Section 68Section 69Section 69ASection 69BSection 69CSection 69D

disallowed the set off of loss and taxed the same @ 30%. We, therefore, reverse the finding of Ld. CIT(A) and direct

SHRI SANJAY AGRAWAL , INDORE vs. ITO5(1), INDORE

In the result appeal of the assessee is partly allowed

ITA 739/IND/2018[14-15]Status: DisposedITAT Indore07 Mar 2019

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2014-15 Shri Sanjay Agrawal, Income Tax Officer 5(1) 404-C Block, Yash Elite, Vs. Indore 8/5 Y.N. Road, Indore (Appellant) (Respondent ) Pan No.Aecpa6831M Revenue By Shri K.C. Selvamani, Sr.Dr Assessee By Shri S.S. Deshpande, Ca Date Of Hearing 20.03.2019 Date Of Pronouncement 25.03.2019

Section 143(2)Section 143(3)Section 44ASection 68

loss of Rs.13,86,223/- was carry forward. 10. Ld. A.O disallowed the claim of set off of loss firstly

M/S. FLEXITUFF INTERNATIONAL LTD.,DHAR vs. THE PR.CIT-1, INDORE

In the result appeal of the assessee is partly allowed

ITA 282/IND/2017[2012-13]Status: DisposedITAT Indore14 May 2019AY 2012-13

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2012-13 M/S. Flexituff International Pr. Commissioner Of Ltd, Vs. Income Tax-1, C-41-50, Sez, Sector-3, Indore Pithampur, Dist. Dhar (Appellant) (Respondent ) Pan Aaacn5986H Revenue By Smt. Ashima Gupta, Cit Assessee By Shri Manjit Sachdeva & Avinash Gaur, Advocates Date Of Hearing 26.03.2019 Date Of Pronouncement 14.05.2019 O R D E R

Section 10ASection 143(2)Section 143(3)Section 14ASection 263

set off current and brought forward loss. This claim of the assessee allowed by the Ld. A.O on the basis of his understanding of provisions of Income Tax Act and CBDT circulars issued on this issue and documents filed before him. However, Ld. A.O made disallowance

BADAUD SHRI VARDHMAN SHIKSHA ,BADAUD vs. THE ITO NFAC DELHI, NEW DELHI

Appeal is allowed

ITA 51/IND/2023[2018-19]Status: DisposedITAT Indore25 Jul 2023AY 2018-19

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2018-19 Badaud Shri Vardhaman Ito, बनाम/ Shiksha Samiti, Nfac, Badaud Delhi Vs. (Assessee / Appellant) (Revenue / Respondent) Pan: Aacab5370 Assessee By Shri Sharad Jain, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 19.07.2023 Date Of Pronouncement 25.07.2023

Section 143(2)Section 143(3)Section 270ASection 270A(2)Section 270A(8)

disallowed depreciation of Rs. 4,94,672/-. But thereafter the assessee has ignored the entire loss of Rs. 6,28,061/- and not claimed effect thereof in any manner i.e. neither the assessee claimed set

ACIT-1(1), INDORE vs. FLEXITUFF VENTURES INTERNATIONAL LIMITED, DHAR

Appeal is dismissed

ITA 195/IND/2024[2013-14]Status: DisposedITAT Indore30 Jan 2025AY 2013-14

Bench: Us Assailing The Order Of First-

Section 10ASection 143(3)Section 14A

set off/carry forward of losses shall be determined. The AO was having just opposite view. The CIT(A) has passed following order accepting assessee’s claim: “5. Ground No 3 is raised against the disallowance

JAYANTILAL SANGHVI,INDORE vs. ACIT 4(1), INDORE

Appeal is partly allowed for statistical purpose

ITA 539/IND/2023[A.Y. 2012-13]Status: DisposedITAT Indore27 Jun 2024

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year: 2012-13 Jayantilal Sanghvi, Acit, 8/10, Warehouse Road, 4(1), बनाम/ Patel Bridge, Indore. Vs. Indore. (Assessee/Appellant) (Revenue/Respondent) Pan: Agtps5825Q Assessee By Shri Venus Rawka, C.A. Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 12.06.2024 Date Of Pronouncement .06.2024

Section 143(3)Section 147Section 148

disallowance of “artificial/bogus loss” alleged to have been claimed by assessee through the process of CCM. 3. Aggrieved, the assessee carried matter in first-appeal but did not get any success. The CIT(A) dismissed assessee’s appeal by passing following order: “On perusal of the above, it is seen that the Gr. No. 5 are of general in nature

SWAN PETRCHEMICALS PVT. LTD.,MUMBAI vs. NFAC DELHI, DELHI

In the result appeal of the assessee is dismissed

ITA 496/IND/2023[2014-2015]Status: DisposedITAT Indore16 Jul 2024AY 2014-2015

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Swan Petrochemicals Dcit (Central), Pvt.Ltd, Indore Unit No.308 Acme Plaza, Opp. Sangam Cinema, Vs. Andheri Kurlka, Maharashtra (Appellant / Assessee) (Respondent/ Revenue) Pan: Aabcr9592C Assessee By Shri Ajay Tulsiyan & Ms. Ruchira Singhal, Ars Revenue By Shri Ashish Porwal, Sr.Dr Date Of Hearing 22.05.2024 Date Of Pronouncement 16.07.2024 O R D E R

Section 142(1)Section 271(1)(c)Section 43(5)

disallowance of the claim of set off of speculative loss against his business income before the show cause notice dated

ANDRITZ HYDRO P LTD,BHOPAL vs. PR CIT-1, BHOPAL

ITA 199/IND/2020[2015-16]Status: DisposedITAT Indore29 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing

Section 115JSection 253Section 263

disallowed during AY 2014-15, the reversal of mark to market losses on forward contract which has been offered to tax by the Appellant during AY 2015-16 should also be reduced while computing the tax liability.” 3. The registry has informed that the present appeal is delayed by 68 days. Ld. Counsel for the assessee submitted that the delay

DEPUTY COMMISSIONER OF INCOME TAX-2 (1), INDORE, INDORE vs. M/S DTHRI HEALTH CARE PVT. LTD. (M.P), INDORE

In the result Ground No.2 of the revenue stands

ITA 604/IND/2017[2013-14]Status: DisposedITAT Indore02 Jan 2019AY 2013-14

Bench: Hon'Ble Kul Bharat & Hon'Ble Manish Boradassessment Year 2013-14 Dcit-2(1), M/S. Dthri Health Care Indore Vs. Pvt. Ltd (M.P), Pu-4, Scheme No.54, Near A.B. Road, Indore (Appellant) (Respondent ) Pan No.Aabcd4095N Revenue By Shri R.P. Mourya, Sr.Dr Assessee By S/Shri Sumit Neema, Sr.Adv & Gagan Tiwari, Adv Date Of Hearing 17.12.2018 Date Of Pronouncement 02.01.2019 O R D E R

Section 115BSection 133ASection 143(3)Section 147Section 148

disallowance of claim of set-off of loss of the year under consideration of Rs.1970923/ - against the unaccounted income admitted

ACIT (CENTRAL)-1 INDORE, INDORE vs. ESSENCE COMMODITIES (P) LTD., INDORE

In the result all the appeals of revenue for A

ITA 675/IND/2019[2011-12]Status: DisposedITAT Indore10 Feb 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Shreya JainFor Respondent: Shri P.K Mishra, CIT (DR)

disallowance of contrived losses on NMCE (Rs.8,40,05,637/-) by overlooking the glaring evidences/ findings of synchronized trades executed by the assessee with a cluster of brokers/counterparties on MCE exchange which had resulted in excessive losses which were then set

ACIT,CENTRAL-1, INDORE vs. M/S ESSENCE COMMODITIES P LTD, INDORE

In the result all the appeals of revenue for A

ITA 184/IND/2020[2013-14]Status: DisposedITAT Indore10 Feb 2023AY 2013-14

Bench: Shri Chandra Mohan Garg & Shri Bhagirath Mal Biyani

For Appellant: Shri Shreya JainFor Respondent: Shri P.K Mishra, CIT (DR)

disallowance of contrived losses on NMCE (Rs.8,40,05,637/-) by overlooking the glaring evidences/ findings of synchronized trades executed by the assessee with a cluster of brokers/counterparties on MCE exchange which had resulted in excessive losses which were then set

M/S KEVAL ( INDIA ) LTD,INDORE vs. DCIT-R-1 (1) , INDORE

In the result both the appeals of the assessee ITA No

ITA 653/IND/2017[2007-08]Status: DisposedITAT Indore04 Apr 2019AY 2007-08

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

Section 132Section 14ASection 153Section 153ASection 271Section 271(1)(c)Section 43(5)

loss falling under the provisions of Section 43(5) of the Act and can be set off only against as speculative profit. Subsequently Ld. A.O initiated the penalty proceedings u/s 271(1)(c)of the Act on the disallowance

M/S KEVAL (INDIA) LTD,INDORE vs. DCIT-R 1(1) , INDORE

In the result both the appeals of the assessee ITA No

ITA 652/IND/2017[2005-06]Status: DisposedITAT Indore04 Apr 2019AY 2005-06

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

Section 132Section 14ASection 153Section 153ASection 271Section 271(1)(c)Section 43(5)

loss falling under the provisions of Section 43(5) of the Act and can be set off only against as speculative profit. Subsequently Ld. A.O initiated the penalty proceedings u/s 271(1)(c)of the Act on the disallowance

PERFECT REALLNFRA ( INDIA) P LTD ,KHANDWA vs. ACIT , KHANDWA

In the result, appeal filed by the assessee is partly allowed

ITA 188/IND/2022[2014-15]Status: DisposedITAT Indore20 Dec 2022AY 2014-15

Bench: Ms. Suchitra Kamble & Shri Bhagirath Mal Biyani

For Appellant: Shri Pankaj Shah, CAFor Respondent: Shri Ashish Porwal, Sr. DR
Section 143(2)Section 143(3)Section 154Section 44A

loss & brought forward depreciation should be taken into account by giving the set off of both these heads as per revised computation as per revised computation. ITA No.188/ Ind/ 2022 A.Y. 2014-15 Page 3 of 3 6. The Ld. DR submitted that the Assessing Officer has rightly made disallowance