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14 results for “reassessment u/s 147”+ Section 40A(2)(b)clear

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Key Topics

Disallowance13Section 143(3)9Addition to Income9Section 1478Section 153C6Penalty6Section 271(1)(c)5Section 1485Condonation of Delay

THE AIT,ENTRAL-1, INDORE vs. SURYA INFRAVENTURE P LTD, INDORE

ITA 217/IND/2021[201-13]Status: DisposedITAT Indore24 Nov 2022

Bench: Ms. Madhumita Roy & Shri Bhagirath Mal Biyani

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

40A(3) and Section 40(a)(ia) of the Act cannot be said to be justified in view of the observations made hereinabove. Further, we find that the findings recorded by the Ld. CIT(A) have not been controverted by the Ld.CIT-DR by bringing any contrary material on record. Hence, we do not find any infirmity in the findings

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

5
Section 43(1)4
Section 40A(3)4
Section 40a3
Section 143(3)Section 37Section 40A(3)Section 40a

40A(3) and Section 40(a)(ia) of the Act cannot be said to be justified in view of the observations made hereinabove. Further, we find that the findings recorded by the Ld. CIT(A) have not been controverted by the Ld.CIT-DR by bringing any contrary material on record. Hence, we do not find any infirmity in the findings

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

40A(3) and Section 40(a)(ia) of the Act cannot be said to be justified in view of the observations made hereinabove. Further, we find that the findings recorded by the Ld. CIT(A) have not been controverted by the Ld.CIT-DR by bringing any contrary material on record. Hence, we do not find any infirmity in the findings

THE ACIT, CICLE -4(1), INDORE vs. M/S. NAROTTAMDAS ENTERPRISES PODDAR PLAZA, INDORE

In the result, the appeal of the Revenue is dismissed

ITA 843/IND/2016[2009-10]Status: DisposedITAT Indore10 Jan 2017AY 2009-10

Bench: Shri D.T. Garasia & Shri O.P. Meena

Section 143(3)Section 147Section 148Section 16

147(b) of the Act, hence, reassessment based on opinion of audit party is invalid. Further, the reopening of assessment has not been found permissible within four corners of law as held by the Hon'ble Supreme Court in the case of CIT vs. Kelvinator of India, 320 ITR 561. The Hon'ble Jurisdictional High Court in the case

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

147 r.w.s 143(3) of the Act, has contended that this issue was not forming part of the ‘reasons to believe' as recorded by the AO for initiating these reopening proceedings, further this issue was categorically examined during the regular assessment proceedings and in fact part of the losses amounting to Rs. 5,44,57,527/-was also disallowed

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

147 r.w.s 143(3) of the Act, has contended that this issue was not forming part of the ‘reasons to believe' as recorded by the AO for initiating these reopening proceedings, further this issue was categorically examined during the regular assessment proceedings and in fact part of the losses amounting to Rs. 5,44,57,527/-was also disallowed

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

147 r.w.s 143(3) of the Act, has contended that this issue was not forming part of the ‘reasons to believe' as recorded by the AO for initiating these reopening proceedings, further this issue was categorically examined during the regular assessment proceedings and in fact part of the losses amounting to Rs. 5,44,57,527/-was also disallowed

M/S. GANPAT PANNALAL,HARDA vs. ITO-1 HARDA, HARDA

Appeal is allowed

ITA 756/IND/2019[2007-08]Status: DisposedITAT Indore18 May 2020AY 2007-08

Bench: Shri Kul Bharatassessment Year: 2007-08

Section 143(3)Section 147Section 148Section 234BSection 271(1)(c)Section 40Section 80Section 80I

REASSESSMENT 1.Failure on part of assessee - no mention in the reasons: It is an uncontroverted fact that reopening is after 4 years from end of A.Y. and already an assessment was [ITA No.756/Ind/2019] [Ganpat Pannalal ] completed u/s. 143(3). Proviso to section 147 is clearly attracted. The Id AO must disclose in the reasons as to which fact or material

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

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

40A(2) treating the same as excessive and unreasonable. On appeal, considering the difference between the prevailing market rate and the claim of the assessee, the learned Commissioner of Income Tax (Appeals) considered Rs. 5 lacs as excessive and the disallowance was made accordingly and deleted the disallowance of Rs.10 lacs which is under challenge before us. The prevailing rate

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-1(1), BHOPOAL, BHOPAL vs. M/S RASHTRIYA TAKNIKI SHIKSHAK PRASHIKSHAN EVAM ANUNSANDHAN SANSTHAN, BHOPAL

Appeal is dismissed

ITA 509/IND/2025[2014-15]Status: DisposedITAT Indore22 Dec 2025AY 2014-15

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniacit Circle-1(1) M/S. Rashtriya Takniki Bhopal Shikshak Prashikshan Evam Anunsandhan Sansthan बनाम/ Samiti, Vs. Bhopal (Revenue/Appellant) (Assessee/Respondent) Pan: Aabar2266H Assessee By Shri Ashish Porwal, Sr. Dr Revenue By Shri Vinod Joshi, Ar Date Of Hearing 08.12.2025 Date Of Pronouncement 22.12.2025

Section 10Section 271(1)(c)Section 43(1)

b) to section 271(1)(c) of the Act. 9. Having regard to the above and considering the totality of the facts and circumstances of the case, I am satisfied that the assessee had furnished inaccurate particulars of income within the meaning of section 271(1)(c) of the Income Tax Act, 1961 to the tune

PRASAM RAKESH CHOUDHARY,GIRNAR SOCIETY, BAPURAO GALLI, ITWARI, NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL -1, BHOPAL , BHOPAL

Appeal is dismissed

ITA 529/IND/2025[2018 -2019]Status: HeardITAT Indore22 Dec 2025

Bench: Ms. Suchitra R. Kamble & Shri B.M. Biyaniacit Circle-1(1) M/S. Rashtriya Takniki Bhopal Shikshak Prashikshan Evam Anunsandhan Sansthan बनाम/ Samiti, Vs. Bhopal (Revenue/Appellant) (Assessee/Respondent) Pan: Aabar2266H Assessee By Shri Ashish Porwal, Sr. Dr Revenue By Shri Vinod Joshi, Ar Date Of Hearing 08.12.2025 Date Of Pronouncement 22.12.2025

Section 10Section 271(1)(c)Section 43(1)

b) to section 271(1)(c) of the Act. 9. Having regard to the above and considering the totality of the facts and circumstances of the case, I am satisfied that the assessee had furnished inaccurate particulars of income within the meaning of section 271(1)(c) of the Income Tax Act, 1961 to the tune

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)

147 of the Act was initiated against the assessee and the AO passed reassessment order with the conclusion that the appellant has earned sufficient profits in MCX and NCDEX and incurred losses on NMCE platform so as to set off the profits against such losses and disallowed the impugned amount. Before the authorities below it was contended by the assessee

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)

147 of the Act was initiated against the assessee and the AO passed reassessment order with the conclusion that the appellant has earned sufficient profits in MCX and NCDEX and incurred losses on NMCE platform so as to set off the profits against such losses and disallowed the impugned amount. Before the authorities below it was contended by the assessee

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)

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.16,25,964/-. The Ld. CIT(A) also rejected [ITA No.535/Ind/2013] [M/s. Avalanche Reality, Indore