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18 results for “disallowance”+ Section 56(2)clear

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Key Topics

Section 26315Addition to Income15Section 143(3)14Section 43B10Disallowance10Section 37(1)7Section 406Section 143(1)6Section 36(1)(va)5

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 2(1), JABALPUR vs. MADHYA PRADESH POWER GENERATING CO. LTD., JABALPUR

In the result, the Revenue's appeal is dismissed as not maintainable

ITA 251/JAB/2018[2008-09]Status: DisposedITAT Jabalpur23 Feb 2022AY 2008-09

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

For Appellant: Shri Rahul Bardia, CAFor Respondent: Shri S.K. Halder, DR
Section 115Section 143(3)Section 147Section 154Section 271(1)(c)

disallowed, assessing the income (under the regular provisions) at (-) Rs.1,06,68,638 vide order u/s. 147 r/w s. 143(3) dated 21.3.2016. The same was further modified u/s.154 (on 11.01.2017) to bring on record the income under Minimum Alternate Tax (MAT) regime at Rs. 817.29 lacs, which income had remained unchanged. The said reassessment and modification were not challenged

Section 271(1)(c)5
Natural Justice4
Deduction3

INCOME TAX OFFICER WARD-1, CHHINDWARA vs. M. P. RASTRIYA KOYLA KHADAN MAJDOOR SANGH COLLIERY EMPLOYEE COOPERATIVE SOCIETY, CHHINDWARA

ITA 4/JAB/2021[2017-18]Status: DisposedITAT Jabalpur11 Jan 2023AY 2017-18

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

For Appellant: Sh. G.N. Purohit, Sr. Advocate &For Respondent: Smt. Maya Maheshwari & Sh
Section 143(3)Section 44Section 5Section 80Section 80P(1)Section 80P(2)(a)

disallowance, since deleted in first appeal by the Commissioner of Income Tax (Appeals)-1, Jabalpur (‗CIT(A)‘, for short) vide his order dated 08/07/2020 in respect of the assessee‘s assessment under section 143(3) of the Income Tax Act, 1961 (‗the Act‘ hereinafter), dated 12/12/2019 for the Assessment Year (AY) 2017-18. 2. The appeal raises the following grounds

SANJAY KUMAR AGRAWAL ,SATNA vs. ASST. COMMISSIONER OF INCOMETAX CIRCLE, SATNA

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 156/JAB/2024[2016-17]Status: DisposedITAT Jabalpur21 Aug 2025AY 2016-17

Bench: Shri Kul Bharat & Shri, Nikhil Choudharyassessment Year: 2016-17 Sanjay Kumar Agarwal V. Acit Circle Satna Blooms Campus, Nh-75, Panna Aayakar Bhawan, Civil Road, Satna (Mp)-485001. Lines, Satna, Mp-485001. Tan/Pan:Ackpa2596H (Appellant) (Respondent) Appellant By: Shri Sanjay Mishra, Adv Respondent By: Shri N. M. Prasad, Sr. Dr-1 Date Of Hearing: 19 08 2025 Date Of Pronouncement: 21 08 2025 O R D E R

For Appellant: Shri Sanjay Mishra, AdvFor Respondent: Shri N. M. Prasad, Sr. Dr-1
Section 10(38)Section 143(3)Section 144BSection 147Section 148Section 250Section 68

disallowing interest Rs.42,16,333/- on loans and advances given by the assessee.” 2. Apropos to the grounds of appeal, the Ld. Counsel for the assessee reiterated the contents of written submissions for the sake of clarity the written submission of the assessee is reproduced as under: - “The Appellant respectfully submits the present appeal against the order dated 12.02.2025 passed

M/S RPJ MINERALS PVT. LTD ,MAIHAR vs. INCOME TAX OFFICER, WARD -1,SATNA, SATNA

ITA 86/JAB/2022[2017-18]Status: DisposedITAT Jabalpur19 Sept 2025AY 2017-18
For Appellant: \nNoneFor Respondent: \nSh. Shrawan Kumar Meena, CIT DR
Section 234ASection 43B

56,603/- is not a part of statutory dues nor an\nexpenditure; which is in the nature of tax, duty, cess or fee to which provisions\nof section 43B of I.T. Act, 1961 could be invoked.\n5. The learned CIT(A) ought to have deleted the addition of Rs.14,21,215/-\nassessed under the head income from other sources after

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. Briefly Stated facts of the case are that the assessee filed return of income on 31.03.2021, which was processed by Centralized Processing Center, Bengaluru [“CPC”] vide intimation order u/s 143(1) of the Income Tax Act, 1961 (“the Act”) dated 03.11.2021, wherein contribution to Employees State Insurance [“ESI”]/Provident Fund [“PF”] amounting to Rs. 4,56,690/- was disallowed

INCOME TAX OFFICER WARD-1 vs. M/S RPJ MINERALS PRIVATE LTD., SATNA

In the result, ITA No.154/JAB/2016 is held to be allowed for statistical\npurposes while ITA No

ITA 154/JAB/2016[2012-13]Status: DisposedITAT Jabalpur19 Sept 2025AY 2012-13
For Appellant: \nNoneFor Respondent: \nSh. Shrawan Kumar Meena, CIT DR
Section 234ASection 43B

56,603/- is not a part of statutory dues nor an\nexpenditure; which is in the nature of tax, duty, cess or fee to which provisions\nof section 43B of I.T. Act, 1961 could be invoked.\n5. The learned CIT(A) ought to have deleted the addition of Rs.14,21,215/-\nassessed under the head income from other sources after

HAJARIMAL MISHRIMAL BAFANA vs. ADDITIONAL COMMISSIONER OF INCOME TAX RANGE,

In the result, the assessee’s appeal for AY 2004-05 is dismissed, and that of AY 2005-06 is partly allowed

ITA 176/JAB/2016[2005-06]Status: DisposedITAT Jabalpur29 Nov 2022AY 2005-06

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

For Appellant: NoneFor Respondent: Shri Ravi Mehrotra Sr. DR
Section 142(1)Section 143(3)Section 254(2)Section 43B

sections 4 & 5 of the Act. Given the clear law, the issue arising to our mind is principally one of fact. There is no evidence whatsoever that any settlement has been, as claimed, arrived at between the parties, much less during the current year, i.e., on the first day of the accounting year, on which the debit notes were entered

BARNALI SAMANTA,JABALPUR vs. ITO WARD2(5), JABALPUR

In the result, the appeal of the assessee is allowed

ITA 43/JAB/2023[2015-16]Status: DisposedITAT Jabalpur30 Nov 2023AY 2015-16

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

Section 143(2)Section 69A

56,49,771/- netting total loss at Rs.(-) 62,243/-, and this issue has been considered. 5. It is found that the learned Assessing Officer travelled beyond the issue involved in the “limited scrutiny” and made enquiries regarding the ‘bank deposits’ to the tune of Rs.7,25,000/- made on different dates. Accordingly, made addition of Rs.7

SANDEEP KUMAR SINGH,SINGRAULI vs. COMMISSIONER OF INCOME TAX (APPEALS), SINGRAULI

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 7/JAB/2025[2020-21]Status: DisposedITAT Jabalpur30 Sept 2025AY 2020-21

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2020-21 Sandeep Kumar Singh, Vs. Commissioner Of Income Tax B. 8/116, Sect. 15, Nigahi Colony, (Appeals) Nigahi, Singrauli Pan:Bvips2456Q (Appellant) (Respondent) Assessee By: Sh. Anoop Kumar Vishwakarma, Adv Revenue By: Sh. N.M. Prasad, Sr. Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 30.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 30.09.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Ld. Ao Dated 23.09.2022, Passed Under Section 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. Because, The Order Of Learned Assessing Officer As Well As The The Learned Cit(Appeals) Is Based On Incorrect Revised I.T. Return. 2. Because, The Income Offered U/S. 56 & Deduction Claimed U/S. 57 Of The Income Tax In Revised Lt. Return Does Not Relates To The Assessee. 3. Because, On The Facts & Circumstances Of The Case & In Law, The Learned Assessing Officer & The Learned Cit(Appeals) Has Erred In Making Disallowance / Addition Of Rs.51,42,446/-. 4. Because, The Learned Cit(Appeals) Has Erred In Facts In Giving Finding That "Entire Tds Credit Of Rs.81,729/- Relatable To Total Receipts Of Rs.56,61,867/- (Rs.55,09,367 + Rs.1,52,500) Is Claimed In Revised Return. Thus, It Is Clear That Whatever Income Admitted In Revised Return Is Not Randomly Admitted But Based On 16A Certificate Issued By Deductor M/S Gmr Infrastructure Ltd.

For Appellant: Sh. Anoop Kumar Vishwakarma, AdvFor Respondent: Sh. N.M. Prasad, Sr. DR
Section 144Section 56Section 57Section 58

section 144 of the Income Tax Act, 1961. The grounds of appeal are as under:- “1. Because, the order of learned Assessing Officer as well as the The learned CIT(Appeals) is based on Incorrect Revised I.T. Return. 2. Because, the Income Offered u/s. 56 and Deduction Claimed u/s. 57 of the Income Tax in Revised LT. Return does

AMBIKA CHARAN DIXIT,JABALPUR vs. PR. COMMISSIONER OF INCOME TAX , JABALPUR

In the result, the appeal is allowed

ITA 37/JAB/2022[2015-16]Status: DisposedITAT Jabalpur24 Nov 2023AY 2015-16

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

Section 143(3)Section 263Section 43C

section 263 are not satisfied. The order made is without jurisdiction should be quashed. 2. That, The learned PCIT has failed to record specific finding based on case specific facts that the order made u/s 143(3) by AO is erroneous and prejudicial to the interest of revenue. The order should be annulled. I.T.A. No.37/Jab/2022 Assessment Year:2015-16 2

YUVIKA ALLOYS,JABALPUR vs. INCOME TAX OFFICER WARD 1(1), JABALPUR

In the result, the assessee‟s appeal is allowed for statistical purposes

ITA 4/JAB/2022[2016-17]Status: DisposedITAT Jabalpur23 Feb 2022AY 2016-17

Bench: Sh. Sanjay Arora, Hon'Ble & Sh. Manomohan Das, Hon‟Bleassessment Year: 2016-17 Yuvika Alloys, Income Tax Officer, Vs. Ward -1(1), Jabalpur Jabalpur [Pan : Aabfy 1482H] (Appellant) (Respondent) Appellant By Shri Rajeev Nema, Advocate Respondent By Sh. S.K. Halder, Sr. Dr Date Of Hearing 23/02/2022 Date Of Pronouncement 08/03/2022

Section 143(3)Section 250(6)

disallowances in respect of cash purchases (at Rs.1,56,901) and liquidated damages (Rs. 1 Yuvika Alloys v. ITO 1,32,137), i.e., aggregating to Rs. 2,89,038, to the returned income, assessing the income at Rs.6,48,980. 3. Being aggrieved, the assessee filed an appeal before the ld. CIT(A). However, due to the sickness

DEPUTY COMMISSIONER OF INCOME TAX , , JABALPUR vs. ANAND MINING CORPORATION , KATNI

In the result, the Revenue‟s appeal is dismissed

ITA 79/JAB/2022[2016-17]Status: DisposedITAT Jabalpur08 Nov 2022AY 2016-17

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

For Appellant: Shri Shiv Kumar, Sr. DRFor Respondent: Shri Dhiraj Ghai, FCA
Section 143(1)Section 37(1)Section 40

disallowance of remuneration paid to partner, Shri Sanjay Pathak. 2. Whether on the fact and in the circumstances of the case and in law, the ld. CIT(A) erred in ignoring the provisions of section 40(b) of the IT Act as the partner has not worked for whole year. 3. We have heard the parties, and perused the material

M/S AMBAJEE JEWELLERS JABALPUR,JABALPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX JABALPUR-1,, JABALPUR

In the result, appeal of the assessee is partly allowed

ITA 21/JAB/2022[2017-18]Status: DisposedITAT Jabalpur12 Dec 2025AY 2017-18

Bench: Shri Kul Bharatshri Nikhil Choudhary

For Respondent: Shri Shravan Kumar Meena, CIT DR
Section 143(3)Section 144Section 263Section 68

Section 69C of the Act. He pointed out that AO in her assessment order dated 30.12.2019 had disallowed Rs.2,12,82,278/- u/s. 68 of the Act on account of bogus sales cash during the month of October, 2016 but 7 AY 2017-18 M/s Ambajee jewellers Jabalpur failed to disallow the remaining amount of Rs.1,79,65,402/-. This

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE KATNI, KATNI vs. J.P TOBACCO PRODUCTS PVT. LTD, DAMOH

In the result, both appeals of the Revenue are dismissed

ITA 94/JAB/2023[2017-18]Status: DisposedITAT Jabalpur22 Sept 2023AY 2017-18

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 143(3)Section 37(1)Section 40

56,93,110/- on 28.09.2016 and Rs.14,45,94,570/- on 07.10.2017 respectively. The returns of income were selected for scrutiny and statutory notices were issued and complied with. The 2 | P a g e ITA No.93 & 94-Jab-2023 ACIT vs J.P.Tobacco Products Pvt.L td. assessment order was passed u/s 143(3) of the Income

ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-KATNI, KATNI vs. J.P. TOBACCO PRODUCTS PVT. LTD, DAMOH

In the result, both appeals of the Revenue are dismissed

ITA 93/JAB/2023[2016-17]Status: DisposedITAT Jabalpur22 Sept 2023AY 2016-17

Bench: Shri Om Prakash Kantshri Pavan Kumar Gadale

Section 143(3)Section 37(1)Section 40

56,93,110/- on 28.09.2016 and Rs.14,45,94,570/- on 07.10.2017 respectively. The returns of income were selected for scrutiny and statutory notices were issued and complied with. The 2 | P a g e ITA No.93 & 94-Jab-2023 ACIT vs J.P.Tobacco Products Pvt.L td. assessment order was passed u/s 143(3) of the Income

RAJEEV MISHRA,SEONI vs. INCOME TAX OFFICER WARD, SEONI, SEONI

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 152/JAB/2024[2011-12]Status: DisposedITAT Jabalpur30 May 2025AY 2011-12

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Sapan Usrethe, AdvocateFor Respondent: Sh. Alok Bhura, Sr. DR
Section 143(3)Section 250Section 69

disallowance is permissible in law that too merely on presumption. 8. The learned Commissioner of Income tax (Appeal) of NFAC New Delhi was not justified in confirming the addition of Rs.13,470/- made by the AO on the ground that these expenses could not be fully verified, whereas the appellant has submitted vouchers in support of these expenses, even after

RENU ANANDANI,JABALPUR vs. NFAC, NFAC, DELHI

In the result, the appeal is allowed for statistical purposes

ITA 120/JAB/2023[2012-13]Status: DisposedITAT Jabalpur28 Nov 2025AY 2012-13

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. Neeraj Agarwal, C.AFor Respondent: Sh. Alok Bhura, Sr. DR
Section 143(3)Section 147Section 263

2. The facts of the case are that there was an information related to the assessee that she was involved in obtaining bogus short term capital loss by furnishing fabricated anti dated contract note of shares of Ashutosh Paper Mills Limited. On this basis, the case was taken up under section 147 r.w.s. 143(3) and an addition

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