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15 results for “disallowance”+ Section 36(1)(viia)clear

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Key Topics

Section 26322Section 36(1)(viia)11Addition to Income10Section 143(3)9Section 409Disallowance9Section 36(1)(vii)7Section 1485Section 36(1)(va)4Deduction

AU SMALL FINANCE BANK LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAIPUR-1

In the result both the appeals filed by the assessee in ITA

ITA 203/JPR/2022[2017-18]Status: DisposedITAT Jaipur28 Jul 2023AY 2017-18

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Sanjay Jhanwar, Sr. AdvocateFor Respondent: Shri James Kurian, CIT
Section 115JSection 263Section 35ASection 36(1)(viia)

Section 36(1)(viia) are applicable for bad and doubtful debts only, provisions made against standard assets are to be excluded while computing deduction allowable u/s 36(1)(viia). Thus allowable deduction was to be restricted to Rs 16.89 crore as per CBDT instructions Thus, excess deduction claimed was required to be considered for disallowance

4
Depreciation4
Section 115J3

ACIT CIRCLE-SAWAI MADHOPUR, SAWAI MADHOPUR vs. M/S. HINDAUN SAHAKARI BHOOMI VIKAS BANK LTD. STATION ROAD, HINDAUN CITY, KARAULI, KARAULI

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

ITA 589/JPR/2019[2010-11]Status: DisposedITAT Jaipur31 Jul 2020AY 2010-11
For Appellant: Shri M.L. Borad (Advocate)For Respondent: Shri B.K. Gupta (CIT) fu/kZkfjrh dh vksj ls@
Section 143(1)Section 148Section 36(1)(viia)

disallowance made on account of Principal NPA of Rs. 32,42,000/-. 3. The ld. D/R has contended that since provisions of section 36(1)(viia

PRADEEP SHARMA,JAIPUR vs. INCOME TAX OFFICER, JAIPUR

In the result, the appeal of the assessee is partly allowed

ITA 1522/JPR/2024[2017-18]Status: DisposedITAT Jaipur09 Sept 2025AY 2017-18
For Appellant: Shri Tarun Mittal, C.AFor Respondent: Mrs. Anita Rinesh, JCIT, Sr. DR
Section 143(3)Section 36(1)(vii)

section 36(1)(vii) and thus deserves to be excluded.\nDuring the course of assessment proceedings, Id.AO sought complete details\nregarding bad debts vide notice issued u/s 142(1) dated 8.11.2019, in response\nto which complete ledger accounts of debts written off were furnished.\nSubsequently, two more notices were issued u/s 142(1), one dated

M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the ground of appeal is partly allowed for statistical purposes

ITA 886/JPR/2019[2012-13]Status: DisposedITAT Jaipur20 Jan 2021AY 2012-13
For Appellant: Shri Manish Agrarwal (C.A.)For Respondent: Shri B.K. Gupta (CIT) a
Section 143(3)Section 36(1)(vii)Section 37(1)

viia) of sub-section (1) applies, no such deduction shall be allowed unless the assessee has debited the amount of such debt or part of debt in that previous year to the provision for bad and doubtful debts account made under that clause.]” 23. On perusal of the provisions reproduced above, it is evident that the deduction u/s 36(1

M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the ground of appeal is partly allowed for statistical purposes

ITA 887/JPR/2019[2013-14]Status: DisposedITAT Jaipur20 Jan 2021AY 2013-14
For Appellant: Shri Manish Agrarwal (C.A.)For Respondent: Shri B.K. Gupta (CIT) a
Section 143(3)Section 36(1)(vii)Section 37(1)

viia) of sub-section (1) applies, no such deduction shall be allowed unless the assessee has debited the amount of such debt or part of debt in that previous year to the provision for bad and doubtful debts account made under that clause.]” 23. On perusal of the provisions reproduced above, it is evident that the deduction u/s 36(1

M/S SUMERU ENTERPROSES,JAIPUR vs. INCOME TAX OFFICER, WARD-6-4, JAIPUR

In the result, the ground of appeal is partly allowed for statistical purposes

ITA 888/JPR/2019[2014-15]Status: DisposedITAT Jaipur20 Jan 2021AY 2014-15
For Appellant: Shri Manish Agrarwal (C.A.)For Respondent: Shri B.K. Gupta (CIT) a
Section 143(3)Section 36(1)(vii)Section 37(1)

viia) of sub-section (1) applies, no such deduction shall be allowed unless the assessee has debited the amount of such debt or part of debt in that previous year to the provision for bad and doubtful debts account made under that clause.]” 23. On perusal of the provisions reproduced above, it is evident that the deduction u/s 36(1

SHREE SIDDHI VINAYAK INDUCTION PVT. LTD.,JAIPUR vs. DCIT, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

ITA 116/JPR/2017[2012-13]Status: DisposedITAT Jaipur29 Aug 2022AY 2012-13
For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. P. R. Meena (PCIT)
Section 143(3)Section 145(3)Section 36(1)(va)Section 40Section 43B

viia) of sub-section (1) of section 36. 15. The ld. DR also draw our attention to the facts and findings of the decision relied upon and in particular he draw our attention to the detailed findings given in the case of CIT Vs. Knight Frank (India) Private Limited : “4. In appeals for both the assessment years, the Commissioner

M/S SHRI SIDDHI VINAYAK INDUCTION P. LTD.,JAIPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

ITA 279/JPR/2019[2014-15]Status: DisposedITAT Jaipur29 Aug 2022AY 2014-15
For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. P. R. Meena (PCIT)
Section 143(3)Section 145(3)Section 36(1)(va)Section 40Section 43B

viia) of sub-section (1) of section 36. 15. The ld. DR also draw our attention to the facts and findings of the decision relied upon and in particular he draw our attention to the detailed findings given in the case of CIT Vs. Knight Frank (India) Private Limited : “4. In appeals for both the assessment years, the Commissioner

SHREE SIDDHI VINAYAK INDUCTIONS PVT. LTD.,JAIPUR vs. DCIT, CENTRAL CIRCLE-3, JAIPUR

In the result ITA NO. 01/JPR/2021 for A

ITA 1/JPR/2021[2015-16]Status: DisposedITAT Jaipur29 Aug 2022AY 2015-16
For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. P. R. Meena (PCIT)
Section 143(3)Section 145(3)Section 36(1)(va)Section 40Section 43B

viia) of sub-section (1) of section 36. 15. The ld. DR also draw our attention to the facts and findings of the decision relied upon and in particular he draw our attention to the detailed findings given in the case of CIT Vs. Knight Frank (India) Private Limited : “4. In appeals for both the assessment years, the Commissioner

M/S RAJASTHAN RAJYA VIDYUT PRASARAN NIGAM LTD.,VIDYUT BHAWAN, JAN PATH, JYOTI NAGAR, JAIPUR vs. DCIT, CIRCLE-6, , JAIPUR

In the result,the appeal of the assessee is partly allowed

ITA 261/JPR/2023[2015-16]Status: DisposedITAT Jaipur24 Aug 2023AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal (C.A.)For Respondent: Shri James Kurian (CIT)
Section 115JSection 142(1)Section 147

section (2), the amount of any bad debt or part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year: Provided that in the case of an assesseeto which clause (viia) applies, the amount of the deduction relating to any such debt or part thereof shall be limited to the amount by which

AU SMALL FINANCE BANK LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX, JAIPUR

In the result, the appeal of the assessee is dismissed

ITA 279/JPR/2023[2018-19]Status: DisposedITAT Jaipur01 Aug 2023AY 2018-19

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Sanjay Jhanwar, Sr. AdvocateFor Respondent: Shri Arvind Kumar, CIT
Section 263Section 36(1)(va)Section 36(1)(viia)Section 36(1)(viii)

viia): Rs.31.81 crore However in Balance sheet, segment wise break up of long term finance for the purpose of deduction claimed u/s 36(1)(vii) of the Act was not furnished. In schedule 2 of the Balance sheet, amount shown for Special Reserve u's 36 (1) (vii) was Rs 20.50 crore instead of Rs.17.51 crore claimed as above. Further

DCIT, CENTRAL CIRCLE, AJMER vs. M/S SILVERTOSS COMMODITIES PVT. LTD., KOLKATA

The appeals of the revenue stand dismissed and the cross objections of the assessee are partly allowed

ITA 86/JPR/2022[2012-13]Status: DisposedITAT Jaipur30 Jun 2022AY 2012-13

viia) of the Act to the declared income of the appellant. The assessee objected to the proposed addition on the ground that during the search no incriminating material indicating any undisclosed income for the year under consideration was found, which is also apparently clear from the assessment order itself. Further it was contended since there is no incriminating material found

BARODA RAJASTHAN KHESTRIYA GRAMIN BANK,AJMER vs. PCIT, UDAIPUR

In the result, appeal of the assessee is allowed

ITA 253/JPR/2024[AY 2017-18]Status: DisposedITAT Jaipur22 Jul 2024

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Judicial Member)

For Appellant: Sh. Shailesh Mantri, CAFor Respondent: Sh. Arvind Kumar, CIT-DR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148Section 263

disallowed. (d) The AO/NFAC, while making the assessment u/s 147/144B of the I.T. Act, 1961, made addition of Rs.3,39,25,000/- only on this account, whereas, he should have examined the dis- allowability of total sum of Rs.26,51,59,000/- which was earmarked by you as "Provisions for Standard Asset", as per Section 36(1) (viia

FINOVA CAPITAL PRIVATE LIMITED,JAIPUR vs. PCIT-1, JAIPUR, JAIPUR

ITA 149/JPR/2024[2018-19]Status: HeardITAT Jaipur13 Dec 2024AY 2018-19

Bench: The Date Of Hearing.”

For Appellant: Sh. Rohan Sogani, CA &For Respondent: MS Alka Gautam, CIT
Section 263

Disallowance u/s. 40A(7)(Gratuity provision) vi. Share Capital / Other Capital 5 Finova Capital Pvt. Ltd. vs. PCIT During the assessment proceedings u/s 143(3) of IT act, 1961, assessee company has duly submitted reply along with all required documents and clarification as required by the Ld. AO. Upon verification of the records so produced ld. AO [ i.e. National eAssessment

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, KOTA, DAINIK NAVJYOTI BUILDING, RAWATBHATA ROAD, KOTA vs. KOTA SAHAKARI BHOOMI VIKAS BANK LTD, RAWATBHATA ROAD, KOTA

In the result, this appeal of the revenue is dismissed

ITA 606/JPR/2023[2013-14]Status: DisposedITAT Jaipur19 Dec 2023AY 2013-14

Bench: HON’BLE SHRI SANDEEP GOSAIN, JM & HON’BLE SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Vipul Jain, CAFor Respondent: Shri Arvind Kumar (CIT)
Section 142(1)Section 143(1)Section 143(2)Section 250Section 36(1)(viia)Section 80P

36(1)(viia) or in Section 80P in both cases demand will be nil. Moreover the AO assessed income considering the original return of income whereas the appellant filed revised return of income.” 4. On the other hand, the ld. D/R supported the order of the A.O. 5. We have heard the rival contentions, perused the material on record