BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

2,656 results for “disallowance”+ Section 10(4)(ii)clear

Sorted by relevance

Mumbai10,268Delhi8,635Bangalore3,101Chennai2,785Kolkata2,656Ahmedabad1,150Pune914Jaipur903Hyderabad853Indore629Surat514Raipur502Chandigarh453Karnataka400Rajkot294Visakhapatnam294Cochin273Amritsar259Nagpur243Lucknow227Cuttack152Panaji116Telangana114Agra112SC100Guwahati95Calcutta75Jodhpur73Patna70Ranchi66Allahabad60Dehradun49Kerala40Varanasi37Punjab & Haryana26Jabalpur20Rajasthan7Orissa6A.K. SIKRI ROHINTON FALI NARIMAN4Himachal Pradesh4Gauhati2RANJAN GOGOI PRAFULLA C. PANT1ASHOK BHAN DALVEER BHANDARI1ANIL R. DAVE AMITAVA ROY L. NAGESWARA RAO1MADAN B. LOKUR S.A. BOBDE1A.K. SIKRI N.V. RAMANA1D.K. JAIN JAGDISH SINGH KHEHAR1H.L. DATTU S.A. BOBDE1

Key Topics

Section 250179Section 143(3)67Section 14A63Addition to Income49Disallowance42Section 6835Section 80I27Section 26322Section 143(1)21Section 115J

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S BENGAL AMBUJA HOUSING DEVELOPMENT LTD., KOLKATA

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

ITA 1514/KOL/2015[2010-2011]Status: DisposedITAT Kolkata18 Oct 2019AY 2010-2011

Bench: Shri A. T. Varkey, Jm & Shri A.L.Saini, Am]

Section 80ISection 80i

ii) of Explanation to clause (a) of Section 80IB(10) and accordingly disallowed the entire deduction of Rs.7,96,42,428/- claimed u/s 80IB(10) of the Act. Aggrieved by the AO’s order of the AO, matter was carried in appeal before the Ld. CIT(A) who accepted the assessee’s contention that HIG Luxury Zone was developed

DCIT, CIR-12(1), KOLKATA, KOLKATA vs. M/S BENGAL AMBUJA HOUSING DEVELOPMENT LTD., KOLKATA

Appeal is partly allowed in above terms

ITA 1298/KOL/2016[2012-2013]Status: DisposedITAT Kolkata

Showing 1–20 of 2,656 · Page 1 of 133

...
21
Deduction20
Limitation/Time-bar15
20 Nov 2019
AY 2012-2013

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2012-13

Section 143(3)Section 22Section 27

ii) and accordingly interest of ₹41,52,719/- was ITA No.1298/Kol/2016 A.Y. 2012-13 DCIT Cir-12(1), Kol. Vs. M/s Bengal Ambuja Housing Development Ltd. Page 11 disallowed out of interest paid. Besides the AO also disallowed ₹4,57,729/- being half percent of the average investments amounting to ₹9,14,85,775/-. The aggregate disallowance made was thus

SRI GOVINDDEO EDUCATIONAL INSTITUTE ,KOLKATA vs. ITO(EXEMPTION) WARD-1(3) , KOLKATA

In the result, appeal of the assessee is allowed

ITA 718/KOL/2024[2013-14]Status: DisposedITAT Kolkata30 Jul 2024AY 2013-14

Bench: Shri Sonjoy Sarma (Judicial Member), Shri Sanjay Awasthi (Accountant Member)

Section 10Section 10(22)Section 11Section 12ASection 143(3)Section 250

4. We have heard the rival contentions of both the parties and gone through the record. Before proceeding further, it will be appropriate to firstly reproduce the relevant provisions of Section 10(23C)(iiiae) of the Act, which reads as under: "[10. Incomes not included in total income.—In computing the total income of a previous year of any person

M/S. FUTURE DISTRIBUTORS,KOLKATA vs. PR.CIT, KOLKATA - 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 277/KOL/2016[2010-2011]Status: DisposedITAT Kolkata29 Jul 2016AY 2010-2011

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

Section 131Section 133ASection 143(3)Section 145(3)Section 263Section 40

10% and master minded a complex tax evasion network. In this regard, the objection raised by the assessee that the Bernoullis Theorem is not applicable in case of the lottery business was not found to be sustainable by the Assessing Officer and overruling the same, he proceeded to reject the books of account of the assessee under section

DCIT,CIRCLE-8, KOLKATA, KOLKATA vs. M/S. R.D. ESTATES & RESOURCES LTD, KOLKATA

In the result, the appeals of the revenue are dismissed and cross objections of the assessee are dismissed as not pressed

ITA 1343/KOL/2012[2004-05]Status: DisposedITAT Kolkata11 May 2016AY 2004-05

Bench: : Shri N.V. Vasudevan & Shri M. Balaganesh

For Appellant: Shri K.K Chaparia, FCA, ld.ARFor Respondent: none appeared
Section 143(3)Section 147Section 80I

disallowance made by the A.O u/s. 80IB(10) of the Act. “ 5. When the case was called up for hearing, it was found that the Learned CIT/ DR had sought adjournment for 15 cases out of 27 cases listed for hearing. The Learned AR stated that the issue under dispute is settled by the decision of the Hon’ble Supreme

TINPLATE COMPANY OF INDIA,KOLKATA vs. DCIT(CPC), , BANGALORE

In the result, the appeal of the assessee is treated as allowed for statistical

ITA 437/KOL/2020[2015-16]Status: DisposedITAT Kolkata11 Feb 2022AY 2015-16

Bench: Shri Aby T. Varkey, Hon’Ble & Shri Girish Agrawal, Hon’Ble) Assessment Year: 2015-16 M/S. The Tinplate Company Of India Limited.......................................………………….............Appellant 4, Bankshall Street Dalhousie Kolkata -700 001 [Pan : Aabct 0129 P] Vs. Deputy Commissioner Of Income Tax, (Cpc) Bangalore…….......................………..…......Respondent Appearances By: Shri Ketav Ved, Fca, Appeared On Behalf Of The Assessee. Shri Biswanath Das, Addl. Cit, Sr. D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 2Nd, 2022 Date Of Pronouncing The Order : February 11Th, 2022 Order Per Girish Agrawal:- This Appeal Filed By The Assessee Is Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals) - 6, Kolkata, (Hereinafter The ‘Ld. Cit(A)’), Dt. 18/03/2020. 2. The Assessee Has Raised The Following Grounds Of Appeal:- 1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Allowing / Adjudicating The Issue Relating To Short Grant Of Credit For Dividend Distribution Tax Paid (Ddt) Of Inr 84,63,518/-. 2. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Allowing / Adjudicating The Issue Relating To Erroneous Levy Of Interest Under Section 115P Of The Act. 3. That On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Not Allowing / Adjudicating The Issue / Additional Ground Relating To Claim For Deduction Of Education Cess Debited In The Books Of Accounts Of The Appellant. 4. The Appellant Craves Leave To Add To Or Alter, By Deletion, Substitution Or Otherwise, Any Or All Of The Above Grounds Of Objections, At Any Time Before Or During The Hearing Of The Appeal. 5. The Appellant Submits That The Above Grounds Are Independent & Without Prejudice To One Another.

Section 10(4)Section 115PSection 40

disallowed the 'cess' paid by the assessee on the ground that there has be assessee on the ground that there has been no material change in the en no material change in the provisions of section 10(4) of the Old Act and Section 40(a)(ii

DCIT, LTU-2, KOLKATA vs. M/S CENTURY PLYBOARDS (I), LTD, KOLKATA

In the result, the appeal of the revenue is dismissed and cross objections of assessee are allowed

ITA 2149/KOL/2019[2014-15]Status: DisposedITAT Kolkata04 Nov 2020AY 2014-15

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2014-15

Section 10(34)Section 115JSection 14A

10(34) of the Act by the assessee. In relation thereto, the assessee disallowed, demat charges of Rs.9,844/- and administrative expenses of Rs.4,89,391/- being amount equivalent to the sum of dividend income earned during the year; u/s 14A of the Act. This disallowance of Rs.4,99,235/- offered by the assessee was not acceptable

ACIT, CC-2(1), KOL, KOLKATA vs. SHALIMAR HATCHERIES LIMITED, KOLKATA

In the result, the appeal of the Revenue is allowed and the Cross Objection filed by the assessee is dismissed

ITA 546/KOL/2023[2012-13]Status: DisposedITAT Kolkata24 Jan 2024AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawali.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Assistant Commissioner Of Income Tax,....Appellant Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 3Rd Floor, 110, Shanti Pally, Kolkata-700107 -Vs.- Shalimar Hatcheries Ltd.,......................Respondent 46C, Chowringhee Road, Park Street, 17Th Floor, Everest House, Kolkata-700071 [Pan: Aadcs6537J] - A N D - C.O. No. 13/Kol/2023 (In I.T.A. No. 546/Kol/2023) Assessment Year: 2012-2013 Shalimar Hatcheries Ltd.,..................Cross Objector 46C, Chowringhee Road, Park Street, Kolkata-700071 [Pan: Aadcs6537J] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Central Circle-2(1), Kolkata, Aayakar Bhawan Poorva, 110, Shanti Pally, Kolkata-700107 Appearances By: Shri P.P. Barman, Addl. Cit, Appeared On Behalf Of The Revenue

Section 132Section 139Section 143(2)Section 143(3)Section 147Section 148Section 153ASection 35(1)(ii)

10. The assessee is in appeal before the Tribunal against the order of ld. CIT(Appeals) dated 30.08.2019 passed for A.Y. 2014-15. 10.1. In the solitary substantial ground of appeal, the assessee has pleaded that ld. CIT(Appeals) has erred in confirming the disallowance of Rs.26,25,000/-, which was claimed as a deduction under section 35(1)(ii

M/S VODAFONE EAST LIMITED (FORMERLY KNOWN AS VODAFONE ESSAR EAST LIMITED),KOLKATA vs. ACIT, CIR-7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 431/KOL/2012[2008-2009]Status: DisposedITAT Kolkata15 Dec 2017AY 2008-2009

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. ADDL. CIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 357/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

ACIT, CIRCLE - 7, KOLKATA vs. HUTCHISON TELECOM EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 343/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 673/KOL/2011[2007-08]Status: DisposedITAT Kolkata15 Dec 2017AY 2007-08

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

M/S. VODAFONE ESSAR EAST LIMITED,KOLKATA vs. ACIT, CIRCLE - 7, KOLKATA, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 485/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

ACIT, CIRCLE - 7, KOLKATA vs. VODAFONE ESSAR EAST LTD., KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 377/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Dec 2017AY 2005-06

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

M/S. VODAFONE ESSAR EAST LTD.,KOLKATA vs. JCIT, RANGE - 7, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 356/KOL/2009[2004-05]Status: DisposedITAT Kolkata15 Dec 2017AY 2004-05

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

DCIT, CIRCLE - 7, KOLKATA, KOLKATA vs. VODAFONE ESSAR EAST LIMITED, KOLKATA

343/K/2009 04-05 Revenue dismissed

ITA 482/KOL/2010[2006-07]Status: DisposedITAT Kolkata15 Dec 2017AY 2006-07

Bench: Shri Aby.T Varkey & Shri Waseem Ahmed

Section 115Section 115JSection 143(3)Section 80I

section 80HHC, the Courts have held that deduction u/s. 80-HHC of the Act is available in respect of amount taxes u/s. section 41(1) of the Act: o Alfa Laval India Limited (266 ITR 418) (Bom) affirmed by the Supreme Court in 295 ITR 451 o Extrusion Process (P) Ltd. V. ITO (106 ITD 336) (TBom) (PB II – page

DCIT, CIRCLE - 8(1), KOLKATA, KOLKATA vs. M/S. ASHIANA HOUSING LIMITED , KOLKATA

In the result, the appeal filed by the Revenue stands dismissed and the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 2271/KOL/2017[2012-13]Status: DisposedITAT Kolkata05 Oct 2018AY 2012-13

Bench: The Cit-A. The Cit-A By Placing His Reliance On An Order Of Kolkata Bench (Itat, Kolkata) In The Case Of Rei Agro Ltd Reported In (2013) 144 Itd 141 (Kolkata-Trib) Directed The Ao To Verify The Details Of Investment Filed Before Him & To Compute The Expenditure Accordingly In Terms Of Investment, Which Yielded Exempt Income.

For Appellant: Shri A. Bhattacharya, Addl. CIT, ld. Sr.DRFor Respondent: S/Shri Arvind Agarwal, Advocate &
Section 14ASection 14A(1)

disallowance under section 14Aread with rule 8D(2)(i) and (ii) can be made in this case. 9. In the result, the appeal filed by the Revenue stands dismissed and the appeal filed by the assessee stands partly allowed for statistical purposes. This Order is pronounced in the Court on 19th June, 2013. (K. K. Gupta) (George Mathan) Accountant Member

I.T.O (E) - 1,KOLKATA, KOLKATA vs. NATIONAL COUNCIL OF SCIENCE MUSEUM, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 760/KOL/2013[2009-10]Status: DisposedITAT Kolkata13 May 2016AY 2009-10

Bench: Shri P. M. Jagtap, A.M. & Shri S.S.Viswanethra Ravi, J.M.)

For Appellant: Shri Sachchidanand Srivastava, CIT,DRFor Respondent: Shri S.M.Surana, Advocate
Section 10Section 10(21)Section 12ASection 143(2)Section 35(1)(ii)

disallowed the claim of exemption on the ground that no approval under section 35(1)(ii) from CBDT was not available for the year under consideration. The finding of the CIT(A) that the section 35(1)(ii) does not deal with exemption, though the approval under said was expired and exemption is available to assessee under section 10

ACIT, CIRCLE - 5(2), KOLKATA , KOLKATA vs. M/S. HINDUSTHAN NATIONAL GLASS & INDUSTRIES LTD., , KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 1467/KOL/2019[2014-15]Status: DisposedITAT Kolkata14 Aug 2020AY 2014-15

Bench: Justice P.P. Bhatt & Shri P.M. Jagtap, Vice-

Section 10(34)Section 115JSection 134ASection 14A

10 Assessment Year: 2014-2015 M/s. Hindusthan National Glass & Industries Limited the Hon'ble Calcutta High Court decision in the case of CIT vs HDFC Bank Ltd. [49 taxmann.com 335). Therefore, the disallowance under Rule 8D(2)(ii) read with Section 14A is not attracted in assessee's case hence we direct the Assessing Officer to delete the disallowance under

M/S ADHUNIK INFRASTRUCTURE PVT. LTD.,KOLKATA vs. JCIT, RG-10, KOLKATA, KOLKATA

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

ITA 1281/KOL/2015[2010-2011]Status: DisposedITAT Kolkata23 May 2018AY 2010-2011

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No.1281 /Kol/2015 Assessment Year : 2010-11

For Appellant: Shri Miraj D.Shah, ARFor Respondent: Shri Saurabh Kumar, Addl. CIT, Sr.Dr
Section 143(3)Section 80I

disallowance of claim of deduction u/s 80IA of the Act for Rs.80,39,696 has been made holding that the said provisions do not apply to the case of the assessee. For the sake of convenience, the provisions of Section 80IA of the Act are reproduced below:- 80-IA. 33 [(1) Where the gross total income of an assessee includes