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4 results for “depreciation”+ Natural Justiceclear

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Key Topics

Addition to Income4Section 40A(3)3Section 693Depreciation3Disallowance3Section 143(3)2Natural Justice2

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2(1), JABALPUR vs. M/S. MAHAKAUSHAL SUGAR & POWER INDUSTRIES LTD., NARSINGHPUR

In the result, the Revenue’s appeal is partly allowed for statistical purposes

ITA 44/JAB/2020[2017-18]Status: DisposedITAT Jabalpur29 Nov 2022AY 2017-18

Bench: Shri Sanjay Arora, Hon’Ble & Shri Manomohan Das, Hon'Ble

For Appellant: Shri Sanjay Kumar, CIT-DRFor Respondent: Shri Rahul Bardia, FCA
Section 143(3)Section 69Section 80

depreciation, even as endorsed by the ld. CIT(A) in his order. It, therefore, becomes incumbent to record a finding in its respect. In the very least, the matter would therefore require being restored to the file of the AO to observe the principle of natural justice

DEPUTY COMMISSIONER OF INCOME TAX (CENTRAL) , JABALPUR vs. M/S. JABALPUR HOSPITAL & RESEARCH CENTER, JABALPUR

In the result, the appeal filed by the revenue is dismissed and the Cross objections filed by the assessee are partly allowed

ITA 19/JAB/2019[2016-17]Status: DisposedITAT Jabalpur20 Nov 2023AY 2016-17

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadaledcit, Vs. Jabalpur Hospital & Central Circle, Researchcentre,Pvtltd Ramnath Russel Crossing, Building,Napier Town, Napier Town, Jabalpur-482001, Jabalpur-482001 Madhya Pradesh. Madhya Pradesh Pan/Gir No. : Aabcj1959K Appellant .. Respondent Co.No.04/Jab/2019 (A.Y. 2016-17) (In Ita No.19/Jab/2019) Jabalpur Hospital & Vs. Dcit, Research Centre Pvt Ltd, Central Circle, Russel Crossing, Ramnath Napier Town, Building,Napier Town, Jabalpur-482001. Jabalpur-482001. Madhya Pradesh. Madhya Pradesh. Pan/Gir No. : Aabcj1959K Appellant .. Respondent

For Appellant: Shri Dhiraj Ghai.CA.ARFor Respondent: Shri Saad Kidwai. CIT-DR
Section 142(1)

depreciation is allowable as per rate prescribed. The items mentioned in the details of fixed assets cannot form part of taxable income as per the accounting principle. The A.O. can make addition only when the fixed assets has been purchased out of the unaccounted investment. A.O can only make addition in respect of consumables treating the same as unaccounted stock

RISHABH KUMAR JAIN,SAGAR vs. INCOME TAX OFFICER-1,SAGAR, SAGAR

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 91/JAB/2023[2015-16]Status: DisposedITAT Jabalpur12 Sept 2023AY 2015-16

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadalerishabh Kumar Jain, Vs Ito-1, Prop. Of M/S. Roop Chand Sagar Jain, H.No.146, Lig, Gour Nagar, Makroniya, Sagar, Madhya Pradesh-470004. (Appellant) (Respondent) Pan No. Amwpj0852F Assessee By Shri Dhiraj Ghai, Fca Revenue By Shri Shiv Kumar, Sr.Dr Date Of Hearing 12/09/2023 Date Of Pronouncement 12/09/2023

natural justice too as has been held in the case of Praful M. Shah Vs National Faceless Assessment &Ors. (Bombay High Court). 3. Looking to facts and circumstances of the case and without prejudice to ground no 1 and 2, CIT (A) erred in confirming addition of Rs.15,37,984/- by totally ignoring the fact that full receipt

DEPUTY COMMISSIONER OF INCOME TAX(CENTRAL), JABALPUR vs. ANAND MINING CORPORATION, JABALPUR

In the result, the Cross Objection of the assessee is partly allowed

ITA 104/JAB/2018[2014-15]Status: DisposedITAT Jabalpur24 Nov 2023AY 2014-15

Bench: Dr. B.R.R. Kumar & Shri Yogesh Kumar U.S.

Section 143(2)Section 143(3)Section 40Section 40A(3)

depreciation and find no error in the order of the CIT(A) in deleting the addition. Therefore, we find no merit in ground No. 2 of the Revenue’s appeal. 12. Ground No. 3 is regarding allowing the relief of Rs.1,01,612/- out of total disallowance of Rs.1,21,807/- made by the Assessing Officer