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130 results for “condonation of delay”+ Section 43Bclear

Sorted by relevance

Chennai259Delhi151Kolkata130Mumbai92Bangalore88Jaipur43Hyderabad40Pune38Indore29Chandigarh26Ahmedabad24Lucknow24Visakhapatnam10Raipur9Nagpur7Cuttack7Surat7Amritsar5Rajkot3Calcutta3Patna3Cochin3SC3Guwahati2Panaji1Dehradun1Allahabad1

Key Topics

Section 43B147Section 36(1)(va)123Disallowance76Deduction61Section 14A52Addition to Income46Section 25043Limitation/Time-bar41Section 143(3)

TRIO TREND EXPORTS PVT. LTD.,KOLKATA vs. DCIT, CIR. 11(1), KOLKATA

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

ITA 602/KOL/2021[2019-20]Status: DisposedITAT Kolkata16 Feb 2022AY 2019-20

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

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

condone the delay and admit these appeals for hearing. 3. At the outset, the Ld. AR of the assessee pointed out that the only issue in these appeals are against the action of the Ld. CIT(A) confirming disallowance of employees’ contribution made to the respective funds of the Government under PF & ESI Act. According to the authorities below, since

TRIO TREND EXPORTS PVT. LTD.,KOLKATA vs. DCIT, CIR. 11(1), KOLKATA

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

Showing 1–20 of 130 · Page 1 of 7

39
Section 143(1)38
Section 139(1)38
Condonation of Delay33
ITA 601/KOL/2021[2018-19]Status: DisposedITAT Kolkata16 Feb 2022AY 2018-19

Bench: Shri A. T. Varkey & Shri Rajesh Kumar]

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

condone the delay and admit these appeals for hearing. 3. At the outset, the Ld. AR of the assessee pointed out that the only issue in these appeals are against the action of the Ld. CIT(A) confirming disallowance of employees’ contribution made to the respective funds of the Government under PF & ESI Act. According to the authorities below, since

MD. MUJIBUR RAHAMAN,DURGAPUR vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of assessee is allowed

ITA 381/KOL/2021[2014-15]Status: DisposedITAT Kolkata28 Feb 2022AY 2014-15

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

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

delay is condoned after hearing the parties. 3. The first ground of appeal of assessee is against the action of the Ld. CIT(A) in confirming the disallowance made in respect of PF & ESI u/s. 36(1)(va) r.w.s. 2(24)(x) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”) of Rs.4

PNP ENGINEERING WORKS (P) LTD, PURBA MEDINIPUR vs. A C OF INCOME TAX CIR. 27(1) , HALDIA

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 334/KOL/2021[2019-20]Status: DisposedITAT Kolkata04 Mar 2022AY 2019-20

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

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

Section 43B in respect of belated payment of employees’ contribution. In order to test whether the amendment brought in later is retrospective or not one has to apply the test as laid by the Hon’ble Supreme Court in the case of M/s Snowtex Investment Ltd. (supra) wherein the Hon’ble Supreme court took note of the law laid down

PNP ENGINEERING WORKS (P) LTD, PURBA MEDINIPUR vs. A C OF INCOME TAX CIR. 27(1) , HALDIA

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 332/KOL/2021[2017-18]Status: DisposedITAT Kolkata04 Mar 2022AY 2017-18

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

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

Section 43B in respect of belated payment of employees’ contribution. In order to test whether the amendment brought in later is retrospective or not one has to apply the test as laid by the Hon’ble Supreme Court in the case of M/s Snowtex Investment Ltd. (supra) wherein the Hon’ble Supreme court took note of the law laid down

PNP ENGINEERING WORKS (P) LTD, PURBA MEDINIPUR vs. A C OF INCOME TAX CIR. 27(1) , HALDIA

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 333/KOL/2021[2018-19]Status: DisposedITAT Kolkata04 Mar 2022AY 2018-19

Bench: Shri A. T. Varkey, Jm & Shri Manish Borad, Am ]

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

Section 43B in respect of belated payment of employees’ contribution. In order to test whether the amendment brought in later is retrospective or not one has to apply the test as laid by the Hon’ble Supreme Court in the case of M/s Snowtex Investment Ltd. (supra) wherein the Hon’ble Supreme court took note of the law laid down

M/S PREMIER IRRIGATION ADRITEC (P) LTD.,KOLKATA vs. ACIT, CIR-11(1), KOLKATA , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 387/KOL/2021[2014-15]Status: DisposedITAT Kolkata20 Jan 2023AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawal

Section 2(24)Section 250Section 3Section 36(1)Section 36(1)(va)Section 43B

delay in filing the appeal is hereby condoned. Ground No.1 & 2 – Vide Ground Nos.1 & 2, the assessee has 4. agitated the confirmation of addition of Rs.10,10,774/- made by the Assessing Officer invoking the provisions to section 43B

KAMAKSHI JUTE INDUSTRIES LTD. ,KOLKATA vs. DCIC, CPC, BENGALURU

In the result, ITA No. 1073/KOL/2023 is dismissed

ITA 1073/KOL/2023[2019-20]Status: DisposedITAT Kolkata22 Feb 2024AY 2019-20

Bench: Sri Rajesh Kumar & Sri Anikesh Banerjee

Section 139(1)Section 143(1)Section 2(24)(x)Section 250Section 36(1)(va)Section 43B

43B(b) of the Act for delay in payment of PF&ESI amounting to Rs. 40,91,370/-. During the processing of the return, the entire amount was disallowed and added back with total income which was mentioned in the Tax Audit Report on account of disallowance u/s 36(1)(va) read with Page 2 of 7 I.T.A. No.: 1073/KOL/2023

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 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

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 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

DCIT, CIR-4(1), KOLKATA, KOLKATA vs. M/S BHUBRIGHAT TEA CO. PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 663/KOL/2015[2010-2011]Status: DisposedITAT Kolkata11 Oct 2017AY 2010-2011

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2006-07 Dcit, Cicle-4(1), V/S. M/S Bhubrighat Tea Co. P-7, Chowringhee Pvt. Ltd. 6D, Shyamkunj, Square, Kolkata-69 12C, Lord Sinha Road, Kolkata-71 [Pan No.Aabcb 2972 J] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Saurabh Kumar, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri Arivnd Agarwal, Advocate ""यथ" क" ओर से/By Respondent 14-09-2017 सुनवाई क" तार"ख/Date Of Hearing 11-10-2017 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Kolkata Dated 23.01.2015. Assessment Was Framed By Acit, Circle-4, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 17.12.2008 For Assessment Year 2006-07. The Grounds Of Appeal Raised By Revenue Are Reproduced Hereinbelow:- “1. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Holding That Cess On Green Leaf Of Rs.1172020/- Is An Allowable Expenditure Ignoring The Fact That Green Leaf Is Attributable To Agriculture Activities Which Is Taxable Under State Agriculture Income Tax Beyond The Purview Of Central Income Tax & As Per Rule 8 Only 40% Of The Composite Income Is Taxable Under Central Income Tax & Moreover On The Same Issue As Slp Is Pending Before Apex Court. 2. That On The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred On Facts As Well As In Law In Holding That Employees Contribution To Pf Of Rs.244399/- Is Allowed If Deposited Before Filing Of Return, Ignoring The Fact That

Section 143(3)Section 36(1)(va)Section 68

condone the delay and admit the appeal. 3. First issue raised by Revenue in this appeal is that Ld. CIT(A) erred in deleting the addition made by the Assessing Officer for an amount of ₹11,72,020/- on account of cess on green leaf. 4. Briefly stated facts are that assessee is a private limited company and engaged

BRAINWARE CONSULTANCY PVT LTD,KOLKATA vs. DCIT, CIR. 10, KOLKATA

In the result, appeal of the assessee is dismissed

ITA 89/KOL/2021[2012-13]Status: DisposedITAT Kolkata31 Oct 2022AY 2012-13

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2012-13 Brainware Consultancy Deputy Commissioner Of Pvt. Ltd., Plot – Y8, Block- Vs Income Tax, Circle-10, Ep, Sector-V, Salt Lake, . Kolkata. Kolkata-700 091. (Pan: Aabcb0753D) (Appellant) (Respondent)

For Appellant: Shri Dipankar Guha, AdvocateFor Respondent: Smt. Ranu Biswas, Addl. CIT, DR
Section 154Section 2(24)Section 3Section 36(1)Section 36(1)(va)Section 43B

condone the delay of 1612 days in filing the appeal before the Tribunal and admit it for adjudication. 3. At the outset, we note that the grounds of appeal relate to disallowance made u/s. 36(1)(va) of the Act in respect of delay in deposit 3 Brainware Consultancy Pvt. Ltd., AY 2012-13 of Employees’ Contribution of Provident Fund

KALIPADA SAHA,HOOGHLY vs. ITO, WARD 24(3), HOOGHLY

In the result, appeal of the assessee is dismissed

ITA 1447/KOL/2023[2018-19]Status: DisposedITAT Kolkata05 Mar 2024AY 2018-19

Bench: Shri Sanjay Garg&Shri Rajesh Kumar]

Section 2Section 2(24)Section 2(24)(x)Section 3Section 36Section 36(1)Section 36(1)(iv)Section 36(1)(va)Section 43B

condone the delay and admit the appeal for hearing. 3. At the outset, we note that the grounds of appeal relate to disallowance made u/s. 36(1)(va) of the Act in respect of delay in deposit of Employees’ Contribution of Provident Fund and Employees State Insurance (PF & ESI) totaling to Rs.18,22,874/-. Since the issue raised

ACIT, CIR-1, DURGAPUR, DURGAPUR vs. ASANSOL DURGAPUR DEVELOPMENT AUTHORITY, DURGAPUR

In the result the appeal by the revenue in ITA No

ITA 1448/KOL/2016[2010-11]Status: DisposedITAT Kolkata06 Jun 2018AY 2010-11

Bench: Hon’Ble Shri P.M.Jagtap, Am & Smt. Madhumita Roy, Jm ]

For Appellant: Shri P.K.Srihari, CITFor Respondent: Shri Samir Chakrabrty, Sr.Advocate
Section 12ASection 143(3)Section 250Section 28Section 43B

condoning the delay. 4. The common issue involved in these two appeals is that whether in the facts and circumstances of the case the CIT(A) has erred in facts and in law by deleting the addition of Rs.4,42,23,282/- under the head interest on Government loan on the ground that the same does not fall under

ACIT, CIR-1, DURGAPUR, DURGAPUR vs. ASANSOL DURGAPUR DEVELOPMENT AUTHORITY, DURGAPUR

In the result the appeal by the revenue in ITA No

ITA 1447/KOL/2016[2010-11]Status: DisposedITAT Kolkata06 Jun 2018AY 2010-11

Bench: Hon’Ble Shri P.M.Jagtap, Am & Smt. Madhumita Roy, Jm ]

For Appellant: Shri P.K.Srihari, CITFor Respondent: Shri Samir Chakrabrty, Sr.Advocate
Section 12ASection 143(3)Section 250Section 28Section 43B

condoning the delay. 4. The common issue involved in these two appeals is that whether in the facts and circumstances of the case the CIT(A) has erred in facts and in law by deleting the addition of Rs.4,42,23,282/- under the head interest on Government loan on the ground that the same does not fall under

DEEPAK BAJAJ ,KOLKATA vs. CIT- 14, KOLKATA

In the result, appeal of the assessee is partly allowed

ITA 492/KOL/2020[2010-11]Status: DisposedITAT Kolkata09 Feb 2023AY 2010-11

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2010-11

For Appellant: Shri Dilip Chatterjee, Advocate
Section 143(3)Section 263

condone the delay and admit the appeal for adjudication. 6. Assessee has filed grounds of appeal which are argumentative in nature and elaborate. Direction was given to the assessee vide order sheet dated 05.09.2022, to file precise grounds. In compliance to the said direction, revised precise grounds of appeal were filed on 16.09.2022 which are nine in number. From

T & I GLOBAL LIMITED,KOLKATA vs. DCIT, CIRCLE-4(1), KOLKATA, KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 471/KOL/2022[2018-2019]Status: DisposedITAT Kolkata31 May 2023AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 2Section 2(24)Section 2(24)(x)Section 3Section 36Section 36(1)Section 36(1)(iv)Section 36(1)(va)Section 43B

condoned and appeal is admitted. 3. At the outset, we note that the ground of appeal relate to disallowance made u/s. 36(1)(va) of the Act in respect of delay in deposit of Employees’ Contribution of Provident Fund and Employees State Insurance (PF & ESI) totaling to Rs.32,82,761/-. The issue relating to ground taken by the assessee have

DCIT, CIR. 5(1), KOLKATA vs. KARAM CHAND THAPAR & BROS COAL SALES LTD., KOLKATA

In the result, appeal of the Revenue for AY 2015-16 is partly allowed and appeal for AY 2016-17 is dismissed

ITA 321/KOL/2021[2016-17]Status: DisposedITAT Kolkata28 Feb 2023AY 2016-17

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. Nos. 320 & 321/Kol/2021 Assessment Years: 2015-16 & 2016-17 Deputy Commissioner Of Income Tax,........Appellant Circle-5(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 -Vs.- Karam Chand Thapar & Bros. Coal Sales Limited,........................Respondent 25, Brabourne Road, Kolkata-700001 [Pan;Aabck1281H] Appearances By: Shri G. Hukugha Sema, Cit, Appeared On Behalf Of The Revenue Shri N.S. Saini, A.R., Appeared On Behalf Of The Assessee Date Of Concluding The Hearing : January 02, 2023 Date Of Pronouncing The Order : February 28, 2023 O R D E R

Section 139(1)Section 143(3)Section 36(1)Section 36(1)(va)Section 43B

condone the delay and proceed to adjudicate upon the matters. 3. Grounds of appeal taken by the Revenue are reproduced as under:- Assessment Year: 2015-2016 (1) That on the facts and circumstances of the Case, the Ld. CIT(A) has erred in deleting the Transfer Pricing adjustment of INR 7,53,60,879 (later on rectified