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45 results for “disallowance”+ Section 145Aclear

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Key Topics

Section 43B60Section 143(3)44Addition to Income35Disallowance29Section 145A25Section 26320Deduction20Section 36(1)(iii)14Section 14713Section 145

M/S TCG LIFESCIENCES PVT. LTD.,KOLKATA vs. A.O. CIR. 11(1), KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 126/KOL/2024[2019-20]Status: DisposedITAT Kolkata14 Aug 2024AY 2019-20

Bench: Dr. Manish Borad (Accountant Member), Shri Sonjoy Sarma (Judicial Member)

Section 143(1)Section 143(1)(a)Section 145Section 145ASection 250Section 438Section 43B

section 145 and 145A of the Act stated that the assessee was required to route the IGST through its P&L Account failing which sec. 145A and ICDS-2 on valuation of inventories comes into play and the appellant cannot shift disallowance

Showing 1–20 of 45 · Page 1 of 3

13
Section 143(2)11
Depreciation10

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. I M C LTD, KOLKATA

Appeal is dismissed

ITA 371/KOL/2012[2007-08]Status: DisposedITAT Kolkata18 Jan 2017AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10(34)Section 115JSection 143(3)Section 14ASection 234B

145A. Notwithstanding anything to the contrary contained in section 145,- (a) the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “profit and gains of business or profession” shall be- (i) in accordance with the method of accounting regularly employed by the assessee; and (ii) further adjusted to include

M/S. IMC LTD.,KOLKATA vs. DCIT, CIRCLE - 11, KOLKATA, KOLKATA

Appeal is dismissed

ITA 813/KOL/2009[2005-06]Status: DisposedITAT Kolkata18 Jan 2017AY 2005-06

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10(34)Section 115JSection 143(3)Section 14ASection 234B

145A. Notwithstanding anything to the contrary contained in section 145,- (a) the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “profit and gains of business or profession” shall be- (i) in accordance with the method of accounting regularly employed by the assessee; and (ii) further adjusted to include

DCIT, CIRCLE - 11, KOLKATA, KOLKATA vs. M/S. IMC LTD., KOLKATA

Appeal is dismissed

ITA 781/KOL/2009[2005-06]Status: DisposedITAT Kolkata18 Jan 2017AY 2005-06

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 10(34)Section 115JSection 143(3)Section 14ASection 234B

145A. Notwithstanding anything to the contrary contained in section 145,- (a) the valuation of purchase and sale of goods and inventory for the purposes of determining the income chargeable under the head “profit and gains of business or profession” shall be- (i) in accordance with the method of accounting regularly employed by the assessee; and (ii) further adjusted to include

D.C.I.T CIR - 12,KOLKATA, KOLKATA vs. M/S JCT LIMITED., KOLKATA

In the result the appeal by the revenue is dismissed

ITA 1106/KOL/2013[2004-05]Status: DisposedITAT Kolkata19 Oct 2016AY 2004-05

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A Nos. 1106 To 1109/Kol/2013 Assessment Years : 2004-05, 2006-07,2007-08 & 2008-09 D.C.I.T., Circle-12, -Vs.- M/S. J.C.T. Ltd. Kolkata Kolkata [Pan : Aaacj 6733 E] (Appellant) (Respondent) For The Appellant : Shri Angam Shaiza, Cit For The Respondent : Shri A.K.Gupta, Fca

For Appellant: Shri Angam Shaiza, CITFor Respondent: Shri A.K.Gupta, FCA
Section 145Section 145ASection 43B

section 145A(b) and had to be considered for disallowance under section 43B of the Act. The Tribunal deleted the addition

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 488/KOL/2006[2002-03]Status: DisposedITAT Kolkata10 Jun 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

145A of the Act. So the AO has made the disallowance. However Ld. CIT(A) has deleted the addition made by AO on the ground that assessee has been following the valuation method for its closing stock consistently without the inclusion of custom duty. Ld. CIT(A) also observed that the closing stock of one year becomes of the opening

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 1019/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

145A of the Act. So the AO has made the disallowance. However Ld. CIT(A) has deleted the addition made by AO on the ground that assessee has been following the valuation method for its closing stock consistently without the inclusion of custom duty. Ld. CIT(A) also observed that the closing stock of one year becomes of the opening

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 852/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

145A of the Act. So the AO has made the disallowance. However Ld. CIT(A) has deleted the addition made by AO on the ground that assessee has been following the valuation method for its closing stock consistently without the inclusion of custom duty. Ld. CIT(A) also observed that the closing stock of one year becomes of the opening

ACIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 2613/KOL/2005[2002-03]Status: DisposedITAT Kolkata10 Jun 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

145A of the Act. So the AO has made the disallowance. However Ld. CIT(A) has deleted the addition made by AO on the ground that assessee has been following the valuation method for its closing stock consistently without the inclusion of custom duty. Ld. CIT(A) also observed that the closing stock of one year becomes of the opening

DCIT, CIRCLE-12(2), KOLKATA, KOLKATA vs. M/S. SELVEL ADVERTISING PVT. LTD., KOLKATA

In the result, assessee’s appeal is allowed

ITA 2122/KOL/2014[2008-2009]Status: DisposedITAT Kolkata30 Sept 2016AY 2008-2009

Bench: Shri Waseem Ahmed & Shri K.Narsimha Chary

Section 1Section 143(2)Section 143(3)Section 145ASection 263Section 43B

145A. Apart from the above, we find that the payment for services rendered was not received in the financial year under consideration. The provisions of Section 43B of the Act reads as under:- “Notwithstanding anything contained in any other provision of this Act, a deduction otherwise allowable under this Act in respect of- (a) any sum payable by the assessee

SELEVEL ADVERTISING PVT LTD,KOLKATA vs. C.I.T KOLKATA - IV,KOLKATA, KOLKATA

In the result, assessee’s appeal is allowed

ITA 2065/KOL/2013[2008-09]Status: DisposedITAT Kolkata30 Sept 2016AY 2008-09

Bench: Shri Waseem Ahmed & Shri K.Narsimha Chary

Section 1Section 143(2)Section 143(3)Section 145ASection 263Section 43B

145A. Apart from the above, we find that the payment for services rendered was not received in the financial year under consideration. The provisions of Section 43B of the Act reads as under:- “Notwithstanding anything contained in any other provision of this Act, a deduction otherwise allowable under this Act in respect of- (a) any sum payable by the assessee

PRASHANT IMPEX PVT. LTD.,KOLKATA vs. PCIT-3, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 716/KOL/2017[2012-13]Status: DisposedITAT Kolkata01 Aug 2018AY 2012-13

Bench: Hon’Ble Shri S.S. Godara, Jm & Shri M.Balaganesh, Am ] I.T.A No. 716/Kol/2017 Assessment Year : 2012-13 Prashant Impex Pvt. Ltd. -Vs- Pr. Cit-3, Kolkata [Pan: Aabcp 5328 A] (Appellant) (Respondent)

For Appellant: Shri Vinod Kumar Jain, ARFor Respondent: Shri P.K. Srihari, CIT DR
Section 115JSection 143(3)Section 14ASection 263Section 263(1)Section 43B

145A of the Act. All these details were duly available before the ld AO himself which has been duly appreciated by the ld AO while framing the assessment by not making any addition towards the same. With regard to one more aspect of applicability of provisions of section 43B of the Act, we find that the ld AO had elaborately

JCIT (OSD), CC-XX, KOLKATA, KOLKATA vs. M/S G. S. ATWAL & CO.(ENGG) PVT. LTD., KOLKATA

In the result, assessee’s CO is partly allowed

ITA 1516/KOL/2012[2009-10]Status: DisposedITAT Kolkata26 Apr 2017AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2009-10

Section 143(1)Section 143(2)Section 143(3)Section 145A

section 145A shall be assessed as “ income from other sources” in the ear in which it is received. Thus, from the above Circular which is binding on the Income Tax Authority, it is clear that the impugned interest cannot be taxed on received basis for the years prior to the AYs 2010-11. Therefore the issue of charging the income

DCIT, CIR-5, KOLKATA, KOLKATA vs. M/S KESORAM INDUSTRIES LTD, KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1293/KOL/2014[2007-2008]Status: DisposedITAT Kolkata14 Jul 2017AY 2007-2008

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1293/Kol/2014 Assessment Year : 2007-08 Dcit, Cir-5, -Vs.- M/S Kesoram Industries Ltd. Kolkata [Pan : Aabck 2326 B] (Respondent) (Appellant) For The Appellant : Goulen Hangshing, Cit, Dr For The Respondent : Shri Akkal Dudhwewala, Ar Date Of Hearing : 24.05.2017. Date Of Pronouncement : 24.07.2017 Order

For Appellant: Goulen Hangshing, CIT, DRFor Respondent: Shri Akkal Dudhwewala, AR
Section 147

disallowed and added to the total income of the assessee. 3.2. It was submitted that the assessee had since the insertion of section 145A

JCIT(OSD), CIRCLE - 10, KOLKATA, KOLKATA vs. STADMED PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is treated as partly allowed for statistical purposes

ITA 222/KOL/2012[2006-07]Status: DisposedITAT Kolkata27 Nov 2015AY 2006-07

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

Section 43(1)

section 145A. Respectfully following the said decision of the Hon’ble Madhya Pradesh High Court, we uphold the impugned order of the ld. CIT(Appeals) deleting the addition made by the Assessing Officer on account of excise duty pertaining to finished goods and dismiss Ground No. 2 of the Revenue’s appeal. 11. In Ground No. 3, the Revenue

PRAFUL KUMAR RATILAL SOMAIYA,KOLKATA vs. ACIT, CIRCLE - 43, KOLKATA , KOLKATA

In the result, appeal of the assessee is allowed in part

ITA 2445/KOL/2017[2011-12]Status: DisposedITAT Kolkata11 Apr 2018AY 2011-12

Bench: Sri J. Sudhakar Reddy) I.T.A. No. 2445/Kol/2017 Assessment Year: 2011-12

Section 145Section 145ASection 250Section 271(1)(c)

Section 145A of the Act, and allow this ground of the assessee. 5. Ground Nos. 3 & 4 are against ad-hoc disallowances

M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1) , KOLKATA

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

ITA 1937/KOL/2019[2005-06]Status: DisposedITAT Kolkata18 Jun 2021AY 2005-06

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 143(1)Section 143(3)Section 147Section 148Section 154Section 234DSection 250Section 32(1)(iia)

disallowed the said amount without any specific reason which is baseless. That the A.O. has wrongly charged interest u/s. 234D amounting to Rs. 19,28,569/- is completely arbitrary, unjustified and illegal.” 3. On appeal the ld. first appellate authority confirmed the order of the AO. Aggrieved, the assessee is in appeal before us on the legality of reopening

M/S. G.S. ATWAL & COMPANY (ENGINEERS) PVT. LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1) , KOLKATA

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

ITA 1938/KOL/2019[2006-07]Status: DisposedITAT Kolkata18 Jun 2021AY 2006-07

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 143(1)Section 143(3)Section 147Section 148Section 154Section 234DSection 250Section 32(1)(iia)

disallowed the said amount without any specific reason which is baseless. That the A.O. has wrongly charged interest u/s. 234D amounting to Rs. 19,28,569/- is completely arbitrary, unjustified and illegal.” 3. On appeal the ld. first appellate authority confirmed the order of the AO. Aggrieved, the assessee is in appeal before us on the legality of reopening

RUPAM JEWELLERS,PURBA MEDINIPUR vs. ACIT,CIRCLE,-27(1) HALDIA, HALDIA

In the result this ground of appeal is allowed

ITA 267/KOL/2017[2013-14]Status: DisposedITAT Kolkata16 Mar 2018AY 2013-14

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri S.S.Viswanethra Ravi, Jm ]

For Appellant: Shri S..K.Tulsiyan, AdvocateFor Respondent: Shri S.Dasgupta, Addl. CIT(DR)
Section 143(3)Section 145Section 145ASection 194CSection 40

145A of the Act wherein it is specifically mandated that inventories shall be valued in accordance with the method of accounting regularly employed by the assessee and that this section over rides Sec.145 of the Act. (e) for the proposition argued above reliance is placed on the following case laws :- i)United Commercial Bank

STADMED PRIVATE LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 136/KOL/2010[2005-06]Status: DisposedITAT Kolkata18 Jan 2017AY 2005-06

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(2)Section 143(3)

sections 30 to 36; and • The expenditure should not be personal expenditure of the assessee. In the context of travel/tour expenses, Specially in the cases of non-corporate assessees like individuals, Hindu undivided families, firms and partnerships, these tests are generally applied rigidly/instinctively with a set mind that considerable personal benefit is derived from such expenses and hence, at least