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70 results for “condonation of delay”+ Section 40A(2)(b)clear

Sorted by relevance

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Key Topics

Addition to Income53Section 143(3)44Section 14A43Condonation of Delay40Disallowance39Limitation/Time-bar34Section 40A(3)28Section 25023Section 263

AWAS DEVCON PVT. LTD. ,HOWRAH vs. ITO, WARD-13(1), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 1216/KOL/2023[2017-18]Status: DisposedITAT Kolkata24 Feb 2025AY 2017-18

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri Abhishek Bansal, ARFor Respondent: Shri Arun Kanti Dutta, DR
Section 131Section 143(1)Section 143(3)Section 40A(3)

delays are condoned by admitting these appeals for adjudication. ITA No. 1217/KOL/2023 for A.Y. 2015-16 04. The only issue raised and pressed at the time of hearing is against the order of ld. CIT (A) upholding the assessment order, wherein the ld. AO has made the addition of ₹3,14,43,700/- by invoking the provisions of Section 40A

Showing 1–20 of 70 · Page 1 of 4

16
Deduction16
Section 115J14
Transfer Pricing13

AWAS DEVCON PVT. LTD. ,HOWRAH vs. ITO, WARD-14(4), KOLKATA. , KOLKATA

In the result, both the appeals of the assessee are allowed

ITA 1217/KOL/2023[2015-16]Status: DisposedITAT Kolkata24 Feb 2025AY 2015-16

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm

For Appellant: Shri Abhishek Bansal, ARFor Respondent: Shri Arun Kanti Dutta, DR
Section 131Section 143(1)Section 143(3)Section 40A(3)

delays are condoned by admitting these appeals for adjudication. ITA No. 1217/KOL/2023 for A.Y. 2015-16 04. The only issue raised and pressed at the time of hearing is against the order of ld. CIT (A) upholding the assessment order, wherein the ld. AO has made the addition of ₹3,14,43,700/- by invoking the provisions of Section 40A

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

ITA 938/KOL/2018[2010-11]Status: DisposedITAT Kolkata24 Apr 2019AY 2010-11

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri S.K. Tulsiyan, Advocate, ld.ARFor Respondent: Shri A.K. Singh, CIT, ld. DR
Section 143(3)Section 14ASection 37(1)Section 40A(2)(b)Section 48

40A(2)(b) of the Act without calling for Remand Report. (5). Grounds raised by the assesse in ITA No. 938/Kol/2018, for A.Y 2010­11, relates to action of the Assessing Officer in treating Government securities within the meaning of “Bonds” for the purpose of third proviso to section 48 of the Act, and erred in dismissing the assessee’s claim

THE PEERLESS GENERAL FINANCE & INVESTMENT CO. LTD.,,KOLKATA vs. DCIT, CIRCLE - 3(1), KOLKATA, KOLKATA

In the result, appeal of the assessee in ITA No

ITA 937/KOL/2018[2010-11]Status: DisposedITAT Kolkata24 Apr 2019AY 2010-11

Bench: Shri A.T. Varkey, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri S.K. Tulsiyan, Advocate, ld.ARFor Respondent: Shri A.K. Singh, CIT, ld. DR
Section 143(3)Section 14ASection 37(1)Section 40A(2)(b)Section 48

40A(2)(b) of the Act without calling for Remand Report. (5). Grounds raised by the assesse in ITA No. 938/Kol/2018, for A.Y 2010­11, relates to action of the Assessing Officer in treating Government securities within the meaning of “Bonds” for the purpose of third proviso to section 48 of the Act, and erred in dismissing the assessee’s claim

SHRI ARUN KUMAR JHUNJHUNWALA,HOWRAH vs. ITO, WARD-48(1). KOLKATA, KOLKATA

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

ITA 2250/KOL/2016[2009-10]Status: DisposedITAT Kolkata07 Jul 2017AY 2009-10

Bench: Hon’Ble Sri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.2250/Kol/2016 Assessment Year : 2009-10 Shri Arun Kr. Jhunjhunwala. -Vs.- I.T.O., Ward-48(1) Kolkata Kolkata [Pan : Acopj 2610 D] (Respondent) (Appellant) For The Appellant : Shri Miraj D.Shah, Advocate For The Respondent : Shri M.K.Biswas, Jcit Date Of Hearing : 22.06.2017. Date Of Pronouncement : 07.07.2017 Order

For Appellant: Shri Miraj D.Shah, AdvocateFor Respondent: Shri M.K.Biswas, JCIT
Section 143(3)Section 40Section 40A(2)

condone the delay and admit the appeal for adjudication. 2 Shri Arun Kr. Jhunjhunwala A.Yr.2009-10 3. The only issue to be decided in this appeal is as to whether the ld CITA was justified in upholding the disallowance made u/s 40A(2) of the Act in the facts and circumstances of the case. 4. The brief facts

DCIT, CIRCLE - 5(1) , KOLKATA vs. M/S. L & T FINANCE LTD., , KOLKATA

In the result, appeal of the revenue is dismissed and Cross Objection of the assessee is allowed

ITA 1781/KOL/2019[2014-15]Status: DisposedITAT Kolkata29 Nov 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15 Deputy Commissioner Of L & T Finance Ltd. Income Tax, Circle-5(1), Vs. 7Th Floor, A Wing, Block Bp, Kolkata Sector V, Kolkata-700091. (Pan: Aacca1963B) (Appellant) (Respondent) & C.O. No. 10/Kol/2023 In Ita No.1781/Kol/2019 Assessment Year: 2014-15 L & T Finance Ltd. Deputy Commissioner Of Vs. 7Th Floor, A Wing, Block Bp, Income Tax, Circle-5(1), Sector V, Kolkata-700091. Kolkata. (Cross Objector) (Respondent)

For Appellant: Shri Soumen Adak, FCA & Shri Ashish Poddar, FCAFor Respondent: Shri Kapil Mondal, Addl. CIT, DR
Section 143(3)Section 253Section 5Section 92B

condone the delay in filing of the appeal as well as the cross-objection and proceed to adjudicate them on merits. 3. Since the assessee has raised pure question of law in its Cross Objection, we are inclined to take up the Cross Objection filed by the assessee before adjudicating on the appeal by the revenue. Ground of Cross Objection

ITO, WARD - 1(3), KOLKATA, KOLKATA vs. M/S. GKW LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 459/KOL/2012[1996-97]Status: DisposedITAT Kolkata05 Apr 2017AY 1996-97

Bench: Shri N. V. Vasudevan & Shri M. Balaganesh, I.T.A. No. 459/Kol/2012 Assessment Years: 1996-97

Section 143(3)Section 37Section 40A(3)

condone the delay and admit the appeal of the revenue for adjudication. 2 I.T.A. No. 459/Kol/2012 Assessment Years: 1996-97 M/s. GKW Ltd. 3. The first issue to be decided in this appeal is as to whether the ld CITA was justified in deleting the disallowance of Rs.74,635/- u/s 40A(3) in the facts and circumstances of the case

ACIT, CIR-11(2), KOLKATA, KOLKATA vs. M/S SREI INFRASTRUCTURE FINANCE LTD., KOLKATA

In the result, the appeal filed by the assessee and Revenue are allowed to the extent indicated above

ITA 2003/KOL/2016[2011-12]Status: DisposedITAT Kolkata31 Dec 2019AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Srei Infrastructure Finance Ltd. Vs. Addl. Cit, Range-9, New Delhi D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Assessee) .. (Revenue/Department) Addl. Cit, Range-9, New Delhi Vs. Srei Infrastructure Finance Ltd. D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant) Srei Infrastructure Finance Ltd. Vs. Dcit, Circle-11(2), Kolkata 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Appellant) .. (Respondent) Acit, Circle-11(2), Kolkata Vs. Srei Infrastructure Finance Ltd. 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant)

For Appellant: Shri Vijay Shah & Amit Agarwal, ARFor Respondent: Shri Radhey Shyam, CIT
Section 143(3)Section 14A

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

SREI INFRASTRUCTURE FINANCE LIMITED,KOLKATA vs. DCIT, CIRCLE-11(2), KOLKATA, KOLKATA

In the result, the appeal filed by the assessee and Revenue are allowed to the extent indicated above

ITA 1821/KOL/2016[2011-12]Status: DisposedITAT Kolkata31 Dec 2019AY 2011-12

Bench: Shri A. T. Varkey, Jm & Dr. A.L. Saini, Am Srei Infrastructure Finance Ltd. Vs. Addl. Cit, Range-9, New Delhi D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Assessee) .. (Revenue/Department) Addl. Cit, Range-9, New Delhi Vs. Srei Infrastructure Finance Ltd. D-2, 6Th Floor, Southern Park, Saket Place, New Delhi-110017. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant) Srei Infrastructure Finance Ltd. Vs. Dcit, Circle-11(2), Kolkata 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Appellant) .. (Respondent) Acit, Circle-11(2), Kolkata Vs. Srei Infrastructure Finance Ltd. 86C, Vishwakarma, Topsia Road(South), Kolkata-700046. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacs1425L (Respondent) .. (Appellant)

For Appellant: Shri Vijay Shah & Amit Agarwal, ARFor Respondent: Shri Radhey Shyam, CIT
Section 143(3)Section 14A

Delay condoned. Leave granted. Pending hearing and final disposal of the Civil appeal, Department is restrained from recovering penalty and interest which has accrued till date. It is made clear that as far as the outstanding interest demand as of date is concerned, it would be open to the department to recover that amount in case Civil Appeal

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

In the result, all the appeals of the assessee are allowed

ITA 335/KOL/2020[2012-13]Status: DisposedITAT Kolkata20 Jan 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

In the result, all the appeals of the assessee are allowed

ITA 333/KOL/2020[2007-08]Status: DisposedITAT Kolkata20 Jan 2023AY 2007-08

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

In the result, all the appeals of the assessee are allowed

ITA 334/KOL/2020[2009-10]Status: DisposedITAT Kolkata20 Jan 2023AY 2009-10

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

THE WEST BENGAL POWER DEVELOPMENT CORPORATION LTD.,KOLKATA vs. D.C.I.T.,CIRCLE-4(2), KOLKATA

In the result, all the appeals of the assessee are allowed

ITA 336/KOL/2020[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma

Section 250Section 43B

condone the delay of 52 days and admit the appeal for adjudication. 4. The first issue raised by the assessee is against the confirmation of addition of Rs.17,29,58,525/- by ld. CIT(Appeals) as made by the ld. Assessing Officer on account of difference between the liabilities as on 31.03.2006 and as on 31.03.2007 payable to the financial

DCIT, CIRCLE - 6,, KOLKATA vs. LOKNATH SARAF SECURITIES LTD.,, KOLKATA

In the result, to sum up ITA No

ITA 852/KOL/2008[2003-04]Status: DisposedITAT Kolkata08 Jul 2016AY 2003-04

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 43(5)Section 73

b) where an allowance has to be made under clause (ii) in respect of amounts carried forward from more than one assessment year, the amount carried forward from an earlier assessment year shall be allowed before any amount carried forward from a later assessment year. It was held in the case Assistant Commissioner of Income Tax, Special Circle

SRI ANIL KUMAR JAIN,KOLKATA vs. DCIT, CC-XX, KOLKATA, KOLKATA

In the result the appeal of the assessee is partly allowed

ITA 1111/KOL/2015[2009-2010]Status: DisposedITAT Kolkata06 Apr 2016AY 2009-2010

Bench: Hon’Ble Sri N.V.Vasudevan, Jm ] I.T.A No.1111/Kol/2015 Assessment Year : 2009-10 Sri Anil Kumar Jain -Vs.- D.C.I.T., Central Circle-Xx, Kolkata Kolkata (Pan:Acfpj0712R) (Appellant) (Respondent)

For Appellant: Shri M.C.Rathi, FCAFor Respondent: Md.S.S.Alam, JCIT, Sr.DR
Section 194CSection 40

delay in filing this appeal is condoned. 4. Ground No.1 raised by the assessee is with regard to the disallowance of Rs.10,400/- which was rents payable by the assessee for the period prior to the previous year relevant to A.Y.2009-10. It was the plea of the assessee that the assessee was a tenant of the premises at 23A, Kalakar

A.C.I.T.,CIRCLE-36, KOLKATA vs. M/S ROHIT & CO., KOLKATA

In the result, both the appeals of the revenue are dismissed

ITA 1427/KOL/2019[2011-12]Status: DisposedITAT Kolkata28 Oct 2021AY 2011-12

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey

Section 131

condone the delay since there was reasonable cause for the cause of delay and admit both the appeals for hearing on merits. 3. First of all we take up the grounds of appeal raised by the revenue for AY 2009-10. 4. Ground No. 1 of the revenue appeal is against the action of the Ld. CIT(A) in deleting

A.C.I.T.,CIRCLE-36, KOLKATA vs. M/S ROHIT & CO., KOLKATA

In the result, both the appeals of the revenue are dismissed

ITA 1425/KOL/2019[2009-10]Status: DisposedITAT Kolkata28 Oct 2021AY 2009-10

Bench: Shri P. M. Jagtap(Kz) & Shri A. T. Varkey

Section 131

condone the delay since there was reasonable cause for the cause of delay and admit both the appeals for hearing on merits. 3. First of all we take up the grounds of appeal raised by the revenue for AY 2009-10. 4. Ground No. 1 of the revenue appeal is against the action of the Ld. CIT(A) in deleting

JCIT(OSD), CIR-II(1). , KOLKATA vs. M./S AA INFRAPROPERTIES PVT. LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

ITA 201/KOL/2023[2015-16]Status: DisposedITAT Kolkata13 Jul 2023AY 2015-16

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Akkal Dudhewala, FCAFor Respondent: Shri G.H. Sema, CIT D/R

condone the delay and proceed to admit the appeal for hearing. 3. As the issues involved in both these appeals are identical, they were heard together and are being disposed off by way of this common order. 4. We will first take up the appeal in ITA No. 200/Kol/2023 for AY 2014-15. Ground Nos. 1 to 5 taken

JCIT (OSD), CIR-11(1), , KOLKATA vs. M/S. AA INFRAPROPERTIES PVT. LTD, KOLKATA

In the result, both the appeals of the revenue are dismissed

ITA 200/KOL/2023[2014-15]Status: DisposedITAT Kolkata13 Jul 2023AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Akkal Dudhewala, FCAFor Respondent: Shri G.H. Sema, CIT D/R

condone the delay and proceed to admit the appeal for hearing. 3. As the issues involved in both these appeals are identical, they were heard together and are being disposed off by way of this common order. 4. We will first take up the appeal in ITA No. 200/Kol/2023 for AY 2014-15. Ground Nos. 1 to 5 taken

M/S VISA INTERNATIONAL LTD.,KOLKATA vs. DCIT, CIRCLE11(2), KOLKATA

In the result, appeals for AYs 2005-06 and 2007-08 are partly allowed and appeal for AY 2006-07 is dismissed

ITA 935/KOL/2019[2006-07]Status: DisposedITAT Kolkata28 Mar 2023AY 2006-07

Bench: Shri Rajpal Yadav & Shri Girish Agrawal

For Appellant: N o n eFor Respondent: Shri P. P. Barman, Addl. CIT
Section 115JSection 143(3)Section 14ASection 40A(2)(b)

40A(2)(b). 2. That on the facts and circumstances of the case, Rs. 75,557/­ the learned CIT(Appeals) erred in confirming the disallowance to the extent of 50% of the professional fee amounting to Rs. 2,06,483/­ while computing the total income of the appellant. 3. That on the facts and circumstances of the case