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14 results for “disallowance”+ Section 2(24)(x)clear

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Key Topics

Section 143(1)38Section 36(1)(va)31Section 139(1)15Section 2(24)(x)14Section 43B10Section 143(1)(a)8Section 1548Addition to Income8Section 37(1)7Deduction

PHOENIX POULTRY,JABALPUR,JABALPUR vs. ACIT, CIRCLE 1(1),JABALPUR, JABALPUR

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

ITA 76/JAB/2023[2018-19]Status: DisposedITAT Jabalpur21 Sept 2023AY 2018-19

Bench: Shri Om Prakash Kant & Shri Pavan Kumar Gadalephoenix Poultry, Vs. Acit, Circle -1(1) 201, Ratan Colony, Jabalpur, Gorakhpur, Madhya Pradesh. Jabalpur- 482001. Madhya Pradesh. Pan/Gir No. : Aajfp5811H Appellant .. Respondent Assessee By : Shri Dhiraj Ghai, Ca Respondentby : Shri, Shiv Kumar. Sr.Dr Date Of Hearing 20.09.2023 Date Of Pronouncement 21.09.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A) Passed U/S 143(1)And 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Dhiraj Ghai, CAFor Respondent: Shri, Shiv Kumar. Sr.DR
Section 143(1)Section 234ASection 36(1)Section 36(1)(va)

24)(x) the Income-Tax Act, of 1961, without considering the material fact that there was no default on part of the appellant in deposition of payment on time rather it was technical fault in PF portal which yielded in delay of mere one day. 4.That, the learned CIT(A) grossly erred, both on facts

4
Disallowance4

M/S A R TRANSPORT,SATNA vs. INCOME TAX OFFICER, SATNA

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

ITA 16/JAB/2023[2017-18]Status: DisposedITAT Jabalpur22 Sept 2023AY 2017-18

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadalem/S. A.R.Transport, Vs Ito, Delha Mod, Sarla Nagar, Ward-1, Satna Maihar Distt., Satna-485772 (Appellant) (Respondent) Pan No. Aayfa6634L Assessee By None Revenue By Shri Rajesh Kumar Gupta, Sr.Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 22/09/2023

Section 139(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 43B

section 43B and sec. 2(24)(x) read with sec. 36(1)(va) ought to have been interpreted liberally keeping in view of principle of equity and legislative intent behind enacting such prohibitory provisions so that injustice and absurdity could be avoided. 4. That the Ld. Commissioner of Income Tax (Appeals) failed to appreciate the fact that there could

M/S A R TRANSPORT,SATNA vs. ASSISTANT DIRECTOR OF INCOME TAX, WARD 2 SATNA.CENTRAL PROCESSING CENTRE,BANGALORE, KARNAATAKA

In the result, the assessee’s appeal is allowed

ITA 7/JAB/2022[2019-20]Status: DisposedITAT Jabalpur07 Apr 2022AY 2019-20

Bench: Sh. Sanjay Arora, Hon'Ble & Sh. Manomohan Das, Hon’Bleassessment Year: 2019-20 A R Transport, Assistant Director Of Income Vs. Tax, Central Processing Satna, (M.P.) Centre, Bangalore [Pan : Aayfa 6634L] (Appellant) (Respondent) Appellant By Written Submissions Respondent By Sh. Rajesh Kumar Gupta, Sr. Dr Date Of Hearing 07/04/2022 Date Of Pronouncement 07/04/2022

Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

2(24)(x) r/w s. 36(1)(va), deposited by the assessee-employer by the due date of its deposit under the relevant Act for the same not to be disallowed in computing his total income under the Act. [3. We have heard the parties, and perused the material on record. 3.1 Our first observation in the matter is that

MUKESH KALWAY,JABALPUR vs. ASSTT. DIRECTOR OF INCOME TAX, BANGALORE

In the result, the appeals by the assessee are allowed

ITA 32/JAB/2021[2019-20]Status: DisposedITAT Jabalpur16 Sept 2022AY 2019-20

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

For Appellant: Shri G.N. Purohit, Sr. AdvocateFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

disallowed by the Revenue invoking s. 36(1)(va) per an Intimation u/s. 143(1), is covered by a series of decisions by this Tribunal, including by the Jabalpur Bench in Nikhil Mohine v. Dy. CIT (in ITA Nos. 37 & 38/Jab/2021, dated 18/11/2021) and, following it, in Ultra Clean & Care Services (P.) Ltd. v. Asst. DIT (in ITA No. 44/Jab/2021

MUKESH KALWAY,JABALPUR vs. ASSTT. DIRECTOR OF INCOME TAX CPC, BANGALORE

In the result, the appeals by the assessee are allowed

ITA 43/JAB/2021[2018-19]Status: DisposedITAT Jabalpur16 Sept 2022AY 2018-19

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

For Appellant: Shri G.N. Purohit, Sr. AdvocateFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

disallowed by the Revenue invoking s. 36(1)(va) per an Intimation u/s. 143(1), is covered by a series of decisions by this Tribunal, including by the Jabalpur Bench in Nikhil Mohine v. Dy. CIT (in ITA Nos. 37 & 38/Jab/2021, dated 18/11/2021) and, following it, in Ultra Clean & Care Services (P.) Ltd. v. Asst. DIT (in ITA No. 44/Jab/2021

PRIMO PICK PACK PRIVATE LIMITED,JABALPUR vs. DEPUTH COMMISSIONER OF INCOME TAX CPC , BANGALORE OFFICER ISACIT, CIRCLE2(1) JABALPUR, JABALPUR

In the result, the appeals by the assessees are allowed

ITA 30/JAB/2022[2019-20]Status: DisposedITAT Jabalpur28 Jun 2022AY 2019-20

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

For Appellant: Shri Dhiraj Ghai, FCAFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 44A

section 43B(b), i.e., to the exclusion of s. 36(1)(va), are held as retrospective. Legislative intent being the cornerstone and the sole determinant of any interpretative exercise, both the language of the relevant provisions, as well as of the recently inserted Explanations thereto, introduced with a view to, as stated therein, remove any doubt in the matter

GEOMIN INDUSTRIES PRIVATE LIMITED,JABALPUR vs. ASSISTANT COMMISSIONER OF INCOME 2(1)CPC TAX,CPC, , JABALPUR

In the result, the appeals by the assessees are allowed

ITA 57/JAB/2021[2018-19]Status: DisposedITAT Jabalpur28 Jun 2022AY 2018-19

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

For Appellant: Shri Dhiraj Ghai, FCAFor Respondent: Shri Shiv Kumar, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 44A

section 43B(b), i.e., to the exclusion of s. 36(1)(va), are held as retrospective. Legislative intent being the cornerstone and the sole determinant of any interpretative exercise, both the language of the relevant provisions, as well as of the recently inserted Explanations thereto, introduced with a view to, as stated therein, remove any doubt in the matter

M/S R S CARGO,,SATNA vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL PROCESSING CENTRE, BANGALORE, BANGALORE

In the result, the assessee’s appeal is allowed

ITA 12/JAB/2022[2017-18]Status: DisposedITAT Jabalpur06 Sept 2022AY 2017-18

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

For Appellant: Shri Rahul Bardia, FCAFor Respondent: Shri Ravi Mehrotra, Sr.DR
Section 1Section 139(1)Section 143(1)Section 143(1)(a)Section 154Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

disallowed by the Revenue invoking s. 36(1)(va) per an Intimation u/s. 1 | P a g e R.S. Cargo v. Dy. CIT 143(1), is covered by a series of decisions by this Tribunal, including by the Jabalpur Bench, following it’s decision in Nikhil Mohine v. Dy. CIT (in ITA Nos. 37 & 38/Jab/2021, dated 18/11/2021). Sh. Mehrotra

M/S SRBH EBGUNEERING & EQUIPMENT PVT LTD DELHA MOD, SARLA NAGAR , MAIHAR DISTT SATNA(M.P),SATNA vs. DEPUTY COMMISSIONER OF INCOME TAX , DCIT CIR KATNI, JABALPUR

In the result, the assessee’s appeal is allowed

ITA 10/JAB/2022[2017-18]Status: DisposedITAT Jabalpur06 Sept 2022AY 2017-18

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

For Appellant: Shri Rahul Bardia, FCAFor Respondent: Shri Ravi Mehrotra, Sr. DR
Section 139(1)Section 143(1)Section 143(1)(a)Section 2(24)(x)Section 36(1)(va)Section 37(1)Section 43B

disallowed by the Revenue invoking s. 36(1)(va) per an Intimation u/s. 143(1), is covered by a series of decisions by this Tribunal, including by the Jabalpur Bench, following it’s decision in Nikhil Mohine v. Dy. CIT (in ITA Nos. 37 & 38/Jab/2021, dated 18/11/2021). Sh. Mehrotra, the ld. Sr. DR, would, on asking, concede to this being

SHRI GOVIND SINGH, REWA vs. INCOME TAX OFFICER,WARD-1,, SATNA

In the result, the appeal of the assesse is dismissed

ITA 11/JAB/2023[2018-19]Status: DisposedITAT Jabalpur30 Nov 2023AY 2018-19

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. K.P Dewani, AdvFor Respondent: Sh. Shiv Kumar, Sr. DR
Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43

disallowing Rs. 10,670/ - in respect to fee on alc of delay in filing of GST return; failing to appreciate tha t the fee paid for delay in filing of GST return is an allowable expenditure. 2. The issue of ESI/PF payment has attained finality by the order of the Hon’ble Supreme Court in the case of Checkmate Services

GOUR ROAD TAR COAT PRIVATE LIMITED, ,JABALPUR vs. ACIT CIRCLE 2(1), JABALPUR

In the result, the appeal of the assesse is dismissed

ITA 31/JAB/2021[2017-18]Status: DisposedITAT Jabalpur30 Nov 2023AY 2017-18

Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us

For Appellant: Sh. Sachin Kumar Bajpai, CAFor Respondent: Sh. Shravan Kumar Gotru, CIT- DR
Section 139(1)Section 2(24)(x)Section 36(1)(va)Section 43

disallowing the amount of employee contribution towards EFP and ESI. Assessee has deducted amount of employee contribution of EPF and ESI from salary on monthly basis and paid the amount after the due date as fixed by the concerning departments. Assessee has filed his return under section 139(1) and paid this amount before filing ITR i.e. assessee has filed

M/S VARSMA ENGINEERS GROUP, 656, VIJAY NAGAR , DAMOH ROAD , ,JABALPUR vs. ACIT, CIRCLE 1(1) , JABALPUR

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

ITA 90/JAB/2022[2022-21]Status: DisposedITAT Jabalpur11 Sept 2023AY 2022-21

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadalem/S. Varsma Engineers Vs Asst. Director Of Group, 656, Vijay Nagar, Income Tax, Cpc, Damoh Road, Jabalpur (M.P.) Bengaluru. Acit, Circle-1(1), Jabalpur. (Appellant) (Respondent) Pan No. Aaefv7885Q Assessee By Shri H.S.Modh, Adv. Revenue By Shri Rajesh Kumar, Sr. Dr Date Of Hearing 11/09/2023 Date Of Pronouncement 11/09/2023 O R D E R Per Om Prakash Kant, A.M.: The Appeal By The Assessee Is Directed Against The Order Dated 03.10.2022 Of Ld. Commissioner Of Income Tax(A)-National Faceless Appeal Centre, Delhi [“In Short The Ld.Cit(A)”] For Assessment Year 2020-21, Raising Following Grounds:-

Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 43B

2(24)(x) of the Act and on payment or deposit of same before due date under relevant Act, 4 | P a g e make the assessee eligible for deduction u/s 36(1)(va) of the Act. The Hon’ble Supreme Court has explained the law from the date of inception of the provision of section

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)

24,20,375/- made by the Assessing Officer on account of interest free loan given to the Global Foundation and Medical Education without appreciating the fact that the assessee is claiming huge expenditure on account of financial charges and at the same time advancing interest free loans to the associate concern. ITA No. 19/JAB/2019 & CO. 04/JAB/2019 M/s Jabalpur Hospital & Research

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-SATNA, SATNA vs. M/S. RAM KUMAR SURESH KUMAR, SATNA

In the result, the appeal filed by the Revenue is allowed

ITA 136/JAB/2018[2013-14]Status: PendingITAT Jabalpur22 Sept 2023AY 2013-14

Bench: Shri Om Prakash Kantshri Pavan Kumar Gaaleasst. Commissioner Of Vs Shri Ram Kumar Income Tax, Circle-Satna, Suresh Kumar, Satna Birla Road, Satna (Appellant) (Respondent) Pan No. Aaffr3899D Revenue By Shri Shravan Kumar Gotru, Cit Dr Assessee By Shri Rahul Bardia, Fca Date Of Hearing 13/09/2023 Date Of Pronouncement 22/09/2023 O R D E R Per Om Prakash Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 12.03.2018 Passed By Ld. Commissioner Of Income Tax(Appeals)-1, Jabalpur [In Short “Ld.Cit(A)”] For The Assessment Year 2013-14, Raising Following Grounds:

Section 133(6)Section 68

2 | P a g e ACIT vs Shri Ram Kumar Suresh Kumar denied of having made any transactions with the assessee or having any credit balance with the assessee. This fact of the denial made in writing by the said party was confronted to the assessee. But the assessee contended that it had made purchases from said party through