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14 results for “disallowance”+ Section 36(1)(vii)clear

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Key Topics

Section 36(1)(viia)20Section 36(1)(vii)12Section 36(1)11Deduction7Section 36(2)6Limitation/Time-bar5Section 260A4Depreciation3Section 372Section 80

THE COMMISSIONER OF INCOME TAX, TVM vs. STATE BANK OF TRAVANCORE, TVM

Appeal stands dismissed

ITA/118/2009HC Kerala13 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

Section 260ASection 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)

disallowed the claim of the assessee under I.T.A. No.118/2009 -3- Section 36(1)(viia). The assessee filed appeal before the Commissioner of Income Tax (Appeals) and the appeal was allowed in part. In the appeal filed by the assessee before Income Tax Appellate Tribunal, through Annexure-C order, the claim of the assessee under Section 36(1)(viia) was allowed

THECOMMISSIONER OF INCOME TAX,TRICHUR vs. CATHOLIC SYRIAN BANK LTD.,TRICHUR

2
Section 2602
Disallowance2

Appeal stands dismissed

ITA/1439/2009HC Kerala13 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

Section 260ASection 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)

Section 36(1)(vii) cannot be the claim of the assessee for bad debts u/s 36(1)(vii), and the claim in the credit balance in the provision for bad and doubtful debts u/s. 36(1)(viia) be disallowed

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. DHANALAXMI BANK LTD

ITA/59/2020HC Kerala04 Aug 2023

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

For Appellant: M/S.DHANALAXMI BANK LTDFor Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX
Section 143(3)Section 14ASection 36Section 36(1)(vii)

disallowing an amount of Rs.1,80,04,849/- under Section 14A of the Income Tax Act, the said order was set aside by the Principal Commissioner of Income Tax, Thrissur, by an order dated 18.12.2018 finding the assessment order as erroneous and prejudicial to the interests of the revenue. In the order of the Principal Commissioner, it was noticed that

M/S. KINFRA EXPORT PROMOTION INDUSTRIAL PARKS LTD., vs. THE JOINT COMMISSIONER OF INCOME TAX (OSD)

ITA/65/2018HC Kerala07 Apr 2022

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR.JUSTICE BASANT BALAJI

Section 260A

disallowed the depreciation claimed. The Assessing Officer adjusted the actual cost of assets of the assessee in the assessment year 2009- 10 as follows: STATEMENT DEPRECIATION AS ON 31/03/2009 SHOWING DEDUCTION OF SUBSIDY RECEIVED: - Block of asset WDV as on 01/04/2008 as per 143(3) order dated 15/12/2010 for A.Y 2008-09 Subsidy Gross Value after subsidy 1 Buildings

THE COMMISSIONER OF INCOME TAX,TRICHUR vs. THE SOUTH INDIAN BANK LTD.,TRICHUR.

Appeal stands dismissed

ITA/178/2009HC Kerala13 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

Section 260ASection 36(1)Section 36(1)(viia)Section 36(2)

disallowance of depreciation made by the Assessing Officer? 2. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that the investments made by the assessee in approved government securities form part of its stock in trade and therefore, the claim of depreciation on the revaluation of the securities was rightly claimed

THE COMMISSIONER OF INCOME TAX, TRICHUR vs. M/S.DHANALAKSHMI BANK LTD.,TRICHUR

Appeal stands dismissed accordingly

ITA/304/2009HC Kerala13 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

For Appellant: M/S.DHANALAKSHMI BANK LTD.,TRICHURFor Respondent: THE COMMISSIONER OF INCOME TAX, TRICHUR
Section 260Section 36(1)Section 36(1)(viia)Section 36(2)

disallowance of bad debts written off under section 36(1) (vii) amounting to Rs.22,78,703/-? ii) in allowing the bad written

THE COMMISSIONER OF INCOME TAX vs. M/S. THE DHANALAKSHMI BANK LTD.

Appeal stands dismissed accordingly

ITA/1065/2009HC Kerala13 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

For Appellant: THE COMMISSIONER OF INCOME TAXFor Respondent: M/S.THE DHANALAKSHMI BANK LTD
Section 260Section 36(1)Section 36(1)(vii)Section 36(1)(viia)Section 36(2)

Section 36(1)(vii) cannot be the claim of the assessee for bad debts u/s. 36(1) (vii), and the claim in the credit balance in the provision for bad and doubtful debts u/s 36(1)(viia) be disallowed

THE COMMISSIONER OF INCOME TAX-I, COCHIN vs. APPOLLO TYRES LTD.

ITA/172/2013HC Kerala29 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

Section 36(1)(vii)Section 36(2)Section 37Section 37(1)Section 43BSection 80

disallowed the claim. As regards advances given for acquisition of Revenue items amounting to Rs.2,32,93,575/- the Assessing Officer held that the claim is not allowable under Section 36(1)(vii

M/S.APOLLO TYRES LTD. vs. THE DEPUTY COMMISSIONER OF INCOME TAX

ITA/26/2013HC Kerala29 Jul 2021

Bench: HONOURABLE MR.JUSTICE S.V.BHATTI,HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

disallowance made in preceding year was confirmed by the Tribunal in ITA No.426/Coch/2006. By the immediately following the said order of the Tribunal, we set aside the order of Ld CIT(A) on this issue and restore the addition made by the AO.” 9.1 The excerpted finding of the Tribunal in the case on hand takes us to the consideration

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. GRACY BABU,

ITA/48/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

vii) Whether payment made to erstwhile trustees without services actually rendered by them, will fall outside the ambit of Sec.13 ? (viii) Whether mere book addition in the asset side of the balance sheet is sufficient to prove that asset has actually come into being, even if the same is not substantiated by bills or vouchers? 6. In I.T.A.No.47/2020

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. REENA JOSE

ITA/47/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

vii) Whether payment made to erstwhile trustees without services actually rendered by them, will fall outside the ambit of Sec.13 ? (viii) Whether mere book addition in the asset side of the balance sheet is sufficient to prove that asset has actually come into being, even if the same is not substantiated by bills or vouchers? 6. In I.T.A.No.47/2020

THE PRINCIPAL COMMISSIONER OF INCOME TAX, vs. SMT.GRACY BABU,

ITA/54/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

vii) Whether payment made to erstwhile trustees without services actually rendered by them, will fall outside the ambit of Sec.13 ? (viii) Whether mere book addition in the asset side of the balance sheet is sufficient to prove that asset has actually come into being, even if the same is not substantiated by bills or vouchers? 6. In I.T.A.No.47/2020

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS

ITA/46/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

vii) Whether payment made to erstwhile trustees without services actually rendered by them, will fall outside the ambit of Sec.13 ? (viii) Whether mere book addition in the asset side of the balance sheet is sufficient to prove that asset has actually come into being, even if the same is not substantiated by bills or vouchers? 6. In I.T.A.No.47/2020

THE PRINCIPAL COMMISSIONER OF INCOME TAX vs. JOSE THOMAS,

ITA/56/2020HC Kerala03 Apr 2024

Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR. JUSTICE SYAM KUMAR V.M.

For Respondent: THE PRINCIPAL COMMISSIONER OF INCOME TAX

vii) Whether payment made to erstwhile trustees without services actually rendered by them, will fall outside the ambit of Sec.13 ? (viii) Whether mere book addition in the asset side of the balance sheet is sufficient to prove that asset has actually come into being, even if the same is not substantiated by bills or vouchers? 6. In I.T.A.No.47/2020