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12 results for “section 68”+ Section 144Aclear

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Key Topics

Section 26352Section 143(3)25Addition to Income10Deduction7Section 143(2)6Section 80I6Section 144A6Section 685Section 1484Section 10A

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

section 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.” 43. Hon’ble Gujarat High

4
Survey u/s 133A4
Depreciation3

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

section 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.” 43. Hon’ble Gujarat High

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

section 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.” 43. Hon’ble Gujarat High

DHANWAN LEASING AND FINANCE COMPANY LIMITED,INDORE vs. INCOME TAX OFFICER 2 (2), INDORE

In the result, the appeal filed by the assessee is dismissed

ITA 225/IND/2018[2010-11]Status: DisposedITAT Indore10 Feb 2023AY 2010-11

Bench: Shri C.M. Garg & Shri Bhagirath Mal Biyaniassessment Year: 2010-11

For Appellant: Shri Pankaj Shah, CA &For Respondent: Shri P.K. Mishra, CIT, DR
Section 148Section 68Section 69

section 68 of the Act. The ld.CIT-DR submitted that the ld.CIT(A) has dealt with the issue elaborately in paras 4.2 to 4.2.5 which are unambiguous and clear, therefore, in view of the judicial pronouncements relied on by the ld.CIT(A), the addition made by the AO may kindly be confirmed. 7. Placing rejoinder to the above

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

68 of the Act is not applicable in the instant case as this proviso refers to the cash credits during the year which are in the nature of share application money, share capital, share premium or any such amount by whatever name. Specifically it does not talk about the unsecured loans where as in the instant appeal the assessee have

SATYANARAYAN SHARMA,INDORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX-I, INDORE

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

ITA 426/IND/2018[2013-14]Status: DisposedITAT Indore28 Dec 2020AY 2013-14

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

Section 143(3)Section 154oSection 2Section 263Section 54F

144A. Therefore in view of the above facts and circumstances, details submitted before Ld. A.O, enquiries conducted by the Ld. A.O, issuing various notices, conducting enquiry about the linkage of the surrendered income of Rs.7 crores, considering all the details of hundis found during the course of survey, alleged additions made by linking the cash deposited with the unexplained income

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

68,106/- 206,811/- 3 26-03-2012 Satguru Polyfab Pvt. Ltd DTA Unit 150,51,853/- 15,05,185/- Total 389,83,611/- 38,98,361/- Since, assessee has purchased old and used plant & machinery and claimed additional depreciation for the same was not allowable in view of provision of section 32. Hence, the excess depreciation of Rs.38

FAITH BUILDERS & REALTIES P LTD,BHOPAL vs. PR CIT-1,, BHOPAL

ITA 118/IND/2020[2015-16]Status: DisposedITAT Indore16 Aug 2021AY 2015-16

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year:2015-16 Faith Builders & Realties, P. Pr. Cit-1, Ltd., Bhopal Bhopal बनाम/ (Appellant) (Respondent ) Vs. P.A. No. Aabcf7558A Appellant By Shri S.S. Deshpande, Ar Revenue By Shri S.B. Prasad, Cit-Dr Date Of Hearing: 08.07.2021 Date Of Pronouncement: 16.08.2021 आदेश / O R D E R Per Manish Borad, A.M: By Way Of This Appeal, The Appellant Has Challenged The Assumption Of Jurisdiction U/S 263 Of The Income Tax Act 1961( Hereinafter Referred To As ‘The Act’ For Short) By Ld. Pr. Cit-1 Bhopal Vide Order Dated 31.01.2020.The Assessee Has Raised Following Grounds Of Appeal:-

Section 143(3)Section 263Section 263(1)

68,47,432/- (-) Rs. 10,31,99,121/-) was thus sale price less direct expenses till Faith Builders & Realities Ltd. 31.03.2015. Accordingly, the amount of Rs. 1,36,48,310/- did not represent the income for the year. In the written submission filed before the Ld. Commissioner the details were submitted. 7c. The Ld. PCIT further observed that no reference

M/S. RAJDHANI LAND & HOUSING CORPORATION,BHOPAL vs. PR. CIT -1, BHOPAL

In the result, grounds raised by the assessee are allowed and

ITA 975/IND/2019[2007-08]Status: DisposedITAT Indore16 Aug 2021AY 2007-08

Bench: Hon’Ble Rajpal Yadav & Shri Manish Boradvirtual Hearing Assessment Year:2007-08 M/S Rajdhani Land & Pr. Cit-1, Housing Corporation, Bhopal बनाम/ Bhopal Vs. (Appellant) (Respondent ) P.A. No. Aahfr4618J Appellant By Shri Girish Agrawal & Ms. Nisha Lahoti, Ars Revenue By Shri Harshit Bari, Sr. Dr Date Of Hearing: 05.07.2021 Date Of Pronouncement: 16.08.2021 आदेश / O R D E R Per Manish Borad, A.M: By Way Of This Appeal, The Appellant Has Challenged The Assumption Of Jurisdiction U/S 263 Of The Income Tax Act 1961( Hereinafter Referred To As ‘The Act’ For Short) By Ld. Pr. Cit-1 Bhopal Vide Order Dated 20.09.2019. Rajdhani Land & Housing

Section 143(3)Section 263Section 80I

68-72] B.Ld. AO based on the documentary evidences placed on record allowed the claim of the assessee u/s BO(IB)(10} of Rs. 1,11,55,537. One of the plausible views was taken by the Ld. AO based on documentary evidences, applicable law and the jurisprudence available at that point of time. 9.Enquiry conducted

M.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD,BHOPAL vs. PR CIT-1, BHOPAL

ITA 158/IND/2020[2015-16]Status: DisposedITAT Indore08 Oct 2021AY 2015-16

Bench: Shri Manish Borad & Ms. Madhumita Royvirtual Hearing Assessment Year: 2015-16

Section 143(2)Section 143(3)Section 263Section 41(1)

68,266 which is available for set off. The tax liability on the addition, if any, made shall be set off against the above referred loss. Thus, there is no loss to the Revenue. 11. Reliance is placed on the following judicial precedents - a. Hon’ble Apex Court in the case of Malabar Industrial

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

144A, the JCIT has allowed the telescoping of funds of Rs. 6,21,25,1151- against for investment in Hundi loans based on affidavit filed after 4 months. Further the letter of the then A.O. dated 23.02.2012, which is a rebuttal of contentions made in the affidavit has not been taken in to consideration. The telescoping of unaccounted income

DEPUTY COMMISSIONER OF INCOME TAX 1 (1), BHOPAL vs. SHRI NEERAJ MANDLOI, NEW DELHI

ITA 680/IND/2018[2009-10]Status: DisposedITAT Indore28 Jul 2021AY 2009-10

Bench: Hon’Ble Manish Borad & Hon’Ble Madhumita Royassessment Year 2009-10

Section 132Section 143(3)Section 147Section 148Section 153Section 153C

section 147/148. 4. Facts, in brief, are that the assessee filed original return of income on 01.5.2009 declaring total income at Rs.7,06,164/-. A search and seizure operation u/s 132 of the Act was conducted at the business and residential premises of Shri Mukesh Sharma on 21.7.2008 wherein some documents were seized. As per the Assessing Officer