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18 results for “reassessment”+ Section 14A(2)clear

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Key Topics

Section 143(3)18Section 14718Disallowance15Section 14813Section 14A10Section 26310Addition to Income10Section 153A8Section 144A6Survey u/s 133A

SHRI GURVINDER SINGH BHATIA,INDORE vs. THE ADDL. CIT, RANGE-3, INDORE

ITA 691/IND/2016[2009-10]Status: DisposedITAT Indore21 Dec 2023AY 2009-10

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniassessment Year:2009-10 Gurvinder Singh Bhatia, Addl. Cit, 8/5, Bcc House, Range 3, बनाम/ Manormaganj, Indore. Vs. Indore. (Assessee / Appellant) (Revenue / Respondent) Pan: Abhpb 5245 N Assessee By Shri Harsh Vijaywargiya, Ca & Ld. Ar Revenue By Ms. Simran Bhullar, Cit Dr Date Of Hearing 19.12.2023 Date Of Pronouncement 21.12.2023

Section 10(34)Section 143(3)Section 14A

reassess under section 147 or pass an order enhancing the assessment or reducing a refund already made or otherwise increasing the liability of the assessee u/s 154 for any assessment year beginning on or before the 1st day of April, 2001.” Section 14A(3) clearly says that section 14A(2

THE ACIT, 1(1), BHOPAL vs. M/S. SANWARIA AGRO OILS LIMITED, BHOPAL

In the result, the appeal of the revenue is partly allowed for

6
Reopening of Assessment6
Long Term Capital Gains5
ITA 706/IND/2013[2006-07]Status: DisposedITAT Indore03 May 2017AY 2006-07

Bench: Shri C.M. Garg & Shri O.P. Meena

Section 14ASection 40A(2)Section 40A(2)(b)Section 43B

reassessment proceedings. In this way, the learned counsel for the assessee prayed to maintain the order of the Commissioner of Income Tax (Appeals). 8. We have carefully considered the arguments of the parties in the wake of the facts brought to our notice. We find that the 6 ACIT vs.M/s Sanwaria Agro coordinate Bench of the Tribunal in the case

M/S. SANWARIA AGROILS LIMITED,BHOPAL vs. THE ACIT 1(1), BHOPAL

In the result, the appeal of the assessee is partly allowed

ITA 620/IND/2013[2007-08]Status: DisposedITAT Indore04 May 2017AY 2007-08

Bench: Shri Chandra Mohan Garg & Shri O.P.Meena

Section 143Section 147Section 148Section 234BSection 32

14A of the Act, were made even though the assessee has debited interest expenditure of Rs. 3.61 crores. Thus, there was prima-facie reason for reopening of assessment. Therefore, the Assessing Officer was justified in reopening the assessment by issuing notice under section 148 of the Act. We therefore, reject M/s. Sanwaria Agroil Ltd. / I.T.A. No. 620/Ind/2013 /A.Y

M/S. BHANDARI HOSPITAL AND RESEARCH CENTRE,INDORE vs. THE PR. CIT-1, INDORE

ITA 355/IND/2017[2012-13]Status: DisposedITAT Indore20 Mar 2020AY 2012-13

Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 M/S Bhandari Hospital & Pr. Cit-(I) Research Centre, Gf-21 & Indore बनाम/ 22, Opp. Meghdoot Garden, Vs. Vijay Nagar, Indore (Appellant) (Revenue ) P.A. No.Aadfb8151A

Section 131(1)(d)Section 143(3)Section 144ASection 263Section 35A

14A was warranted, was a debatable fact. In any event, even if it were not debatable, the error by the Assessing Officer is not “unsustainable”. Possibly he could have taken another view; yet, that he did not do so, would not render his opinion an unsustainable one, warranting exercise of section 263.” 4.11. The appellant is also placing reliance

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

2) have already elapsed. In other words the references is to those assessments in whose case assessment under section 143 (3) cannot now be done. It is not at all the case of the revenue that in the appeals which have been claimed as unabated here there was time for assessment under section 143(3). In this view

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

2) have already elapsed. In other words the references is to those assessments in whose case assessment under section 143 (3) cannot now be done. It is not at all the case of the revenue that in the appeals which have been claimed as unabated here there was time for assessment under section 143(3). In this view

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

2) have already elapsed. In other words the references is to those assessments in whose case assessment under section 143 (3) cannot now be done. It is not at all the case of the revenue that in the appeals which have been claimed as unabated here there was time for assessment under section 143(3). In this view

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

2) have already elapsed. In other words the references is to those assessments in whose case assessment under section 143 (3) cannot now be done. It is not at all the case of the revenue that in the appeals which have been claimed as unabated here there was time for assessment under section 143(3). In this view

ACIT (CENTRAL UJJAIN, UJJAIN vs. M/S ARIHANT FUTURE AND COMMODITIES LTD, INDORE

ITA 734/IND/2019[2016-17]Status: DisposedITAT Indore31 Mar 2022AY 2016-17

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

Section 143(3)Section 147Section 36Section 36(1)(ii)Section 37(1)Section 68Section 69C

section 14A of Rs. 5,01,070/- and made remark for the same that this should be disallowed; and that, the assessee has filed and relied upon the said audit report, thus, clearly justifying the nature of addition made by the Assessing Officer u/s 14A of the Income Tax Act, 1961. 5. On the facts and in the circumstances

THE ACIT ,CENTRAL-UJJAIN, INDORE vs. M/S ARIHANT CAPITALS MARKETS LTD , INDORE

ITA 11/IND/2021[2014-15]Status: DisposedITAT Indore21 Mar 2022AY 2014-15

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

Section 143(3)Section 147Section 36Section 36(1)(ii)Section 37(1)Section 68Section 69C

section 14A of Rs. 5,01,070/- and made remark for the same that this should be disallowed; and that, the assessee has filed and relied upon the said audit report, thus, clearly justifying the nature of addition made by the Assessing Officer u/s 14A of the Income Tax Act, 1961. 5. On the facts and in the circumstances

THE ACIT, CENTRAL - UJJAIN, INDORE vs. M/S ARIHANT FUTURE & COMMADITIES LTD , INDORE

ITA 10/IND/2021[2014-15]Status: DisposedITAT Indore21 Mar 2022AY 2014-15

Bench: Shri Mahavir Prasad, Judicialmember & Shri Manish Boradvirtual Hearing &

Section 143(3)Section 147Section 36Section 36(1)(ii)Section 37(1)Section 68Section 69C

section 14A of Rs. 5,01,070/- and made remark for the same that this should be disallowed; and that, the assessee has filed and relied upon the said audit report, thus, clearly justifying the nature of addition made by the Assessing Officer u/s 14A of the Income Tax Act, 1961. 5. On the facts and in the circumstances

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

ITA 923/IND/2019[2014-15]Status: DisposedITAT Indore16 Feb 2021AY 2014-15

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

Section 132Section 133ASection 143(3)Section 14ASection 153ASection 271(1)(c)Section 271ASection 40A(3)Section 80I

14A r.w.r. 8D of the Income Tax Rule. 5. Following grounds have been raised by the assessee:- IT(SS)A 90/ Ind/ 2019 A.Y. 2013-14 1. The order passed u/s. 153A/ 143(3) by lower authorities is illegal, invalid, and untenable in law. The same be kindly cancelled 2. On the facts and in the circumstances of the case

AG-8 VENTURES LTD.,BHOPAL vs. ACIT, CENTRAL-1, BHOPAL

ITA 922/IND/2019[2013-14]Status: DisposedITAT Indore16 Feb 2021AY 2013-14

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

Section 132Section 133ASection 143(3)Section 14ASection 153ASection 271(1)(c)Section 271ASection 40A(3)Section 80I

14A r.w.r. 8D of the Income Tax Rule. 5. Following grounds have been raised by the assessee:- IT(SS)A 90/ Ind/ 2019 A.Y. 2013-14 1. The order passed u/s. 153A/ 143(3) by lower authorities is illegal, invalid, and untenable in law. The same be kindly cancelled 2. On the facts and in the circumstances of the case

SARWAR MOHD. KHAN,BHOPAL vs. ASSISTANT COMMISSIONER OF INCOME TAX 2 (1), BHOPAL

Appeal of the assessee is allowed on legal ground itself

ITA 511/IND/2018[2008-09]Status: DisposedITAT Indore20 Feb 2020AY 2008-09

Bench: Hon’Ble Kul Bharat & Hon’Ble Manish Boradassessment Year 2008-09

Section 143(2)Section 143(3)Section 147Section 148Section 271Section 54F

Section 54F of the Act is no more in dispute as the assessee has offered it to tax in the Income Tax Return filed for Shri Sarwar Mohd. Khan Assessment Year 2011-12. In the reassessment proceedings Ld. A.O made no new addition except the addition of Long Term Capital Gain of Rs.39,40,000/- which was initially made

THE ACIT 4(1), INDORE vs. M/S SUYASH EXIM P LTD , INDORE

Accordingly, departmental grounds with regard to addition of Rs.1,81,847/- are dismissed

ITA 356/IND/2020[2011-12]Status: DisposedITAT Indore19 Jan 2022AY 2011-12

Bench: Shri Mahavir Prasad & Shri Manish Borad(Virtual Hearing) Assessment Year: 2011-12

Section 147

Reassessment Notice -Transfer Pricing-Draft assessment order Draft assessment order passed without disposing of objections filed 7 Suyash Exim ITA 356 of 2020 and CO 19 of 2021 by assessee to reasons for reopening assessment- Unsustainable - Income Tax Act, 1961, section 147.” 8. We find that during the year under consideration, the assessee was engaged in the business of trading

M/S AD-MANUM FINANCE LTD.,INDORE vs. THEDCIT 1(1) , INDORE, INDORE

ITA 331/IND/2018[2009-10]Status: DisposedITAT Indore14 Oct 2020AY 2009-10

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

Section 143(3)Section 147Section 153C

2. The Revenue has raised following grounds of appeal; 1.That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the disallowance made by the AO of Rs.2,71,66,288/- being unsecured loan from M/s Aereo Dealcom Pvt Ltd and interest paid thereon. 2.Whether on the facts

THE DCIT1(1), INDORE vs. M/S. AVILABLE FINANCE LTD., INDORE

ITA 895/IND/2019[2014-15]Status: DisposedITAT Indore14 Oct 2020AY 2014-15

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

Section 143(3)Section 147Section 153C

2. The Revenue has raised following grounds of appeal; 1.That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the disallowance made by the AO of Rs.2,71,66,288/- being unsecured loan from M/s Aereo Dealcom Pvt Ltd and interest paid thereon. 2.Whether on the facts

DY. CIT -1(1), INDORE vs. M/S. AGRAWAL TRANSPORT CORPORATION (P) LTD., INDORE

ITA 651/IND/2019[2010-11]Status: DisposedITAT Indore14 Oct 2020AY 2010-11

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

Section 143(3)Section 147Section 153C

2. The Revenue has raised following grounds of appeal; 1.That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) was justified in deleting the disallowance made by the AO of Rs.2,71,66,288/- being unsecured loan from M/s Aereo Dealcom Pvt Ltd and interest paid thereon. 2.Whether on the facts