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30 results for “disallowance”+ Section 246A(1)(a)clear

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Indore159Delhi137Mumbai106Bangalore53Pune40Kolkata30Chennai28Jaipur23Chandigarh19Panaji18Raipur17Hyderabad17Nagpur14Amritsar14Ahmedabad12Jodhpur5Cochin5Cuttack4Lucknow4Patna3Guwahati3Visakhapatnam2Karnataka2Agra2Allahabad1Rajkot1SC1Varanasi1Dehradun1

Key Topics

Section 143(3)47Section 26331Section 25026Section 143(1)24Addition to Income18Section 14714Section 246A9Section 1489Limitation/Time-bar9

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

ITA 1616/KOL/2017[2012-13]Status: DisposedITAT Kolkata31 Dec 2018AY 2012-13

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 143(3)Section 195Section 246ASection 271(1)(c)Section 40Section 40ASection 9(1)(vii)

disallowing assessee’s export commission payments of ₹63,56,458/- and ₹19,88,798/- on account of non-deduction of TDS thereby invoking sec. 40A(a)(i) of the Act. We treat the former assessment year 2011-12 as the “lead” assessment year containing the CIT(A)’s following detailed discussion on the issue. “5. I have considered the order

Showing 1–20 of 30 · Page 1 of 2

Disallowance8
Revision u/s 2638
Section 12A7

DCIT, CENTRAL CIRCLE - 1(4), KOLKATA , KOLKATA vs. M/S. HINDUSTAN URBAN INFRASTRUCTURE LTD.(HINDUSTAN VIDYUT PRODUCT LTD.,), NEW DELHI

ITA 1615/KOL/2017[2011-12]Status: DisposedITAT Kolkata31 Dec 2018AY 2011-12

Bench: Shri S.S.Godara & Shri, M. Balaganesh

Section 143(3)Section 195Section 246ASection 271(1)(c)Section 40Section 40ASection 9(1)(vii)

disallowing assessee’s export commission payments of ₹63,56,458/- and ₹19,88,798/- on account of non-deduction of TDS thereby invoking sec. 40A(a)(i) of the Act. We treat the former assessment year 2011-12 as the “lead” assessment year containing the CIT(A)’s following detailed discussion on the issue. “5. I have considered the order

PHILIPS INDIA LTD.,KOLKATA vs. PCIT-IV, KOLKATA, KOLKATA

In the result, appeal of the assessee is dismissed

ITA 1142/KOL/2016[2009-2010]Status: DisposedITAT Kolkata27 Mar 2019AY 2009-2010

Bench: Sri J. Sudhakar Reddy & Sri S.S. Viswanethra Ravi] I.T.A. No. 1142/Kol/2016 Assessment Year: 2009-10 Philips India Limited..........……………………………………....………………..…………………….….Appellant Earlier Known As Philips Electronics India Limited 7 No. Justice Chandra Madhab Road Kolkata – 700 020 [Pan : Aabcp 9487 A] Principal Commissioner Of Income Tax - Iv, Kolkata…….............…....................…...Respondent Appearances By: Shri P.J. Pardiwala, Sr. Advocate & Shri Navneet Misra, Advocate, Appeared On Behalf Of The Assessee. Shri Robin Choudhury, Addl. Cit D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : January 10Th, 2019 Date Of Pronouncing The Order : March 27Th, 2019 O R D E R Per J. Sudhakar Reddy :-

Section 143(3)Section 263Section 32

246A and 253, and submitted that, no amendment has been made to Section 263 of the Act, as a consequence of insertion to Section 144C of the Act. 5.2. Without prejudice to these arguments, the ld. Sr. Advocate submitted that clause (C) of explanation 1 to Section 263 of the Act, provides that “matters not considered and decided

M/S. BATA INDIA LTD., ,KOLKATA vs. DDIT, CPC, , BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1073/KOL/2025[2020-2021]Status: DisposedITAT Kolkata25 Jul 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115Section 115PSection 143Section 143(1)Section 143(3)Section 144BSection 144C(3)Section 250

246A(1)(a) of the Act. The same is also rectifiable u/s 154(1)(b) of the Act by the Ld. AO. The assessee has availed both the remedies, once by filing an appeal before the Ld. CIT(A) and another by filing two rectification applications. All three are pending and the impugned appeal before

MSTC LTD,KOLKATA vs. JURISDICTIONAL ASSESSING OFFICER, CIR-1(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 623/KOL/2024[2021-22]Status: DisposedITAT Kolkata01 Oct 2024AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2021-22

For Appellant: Shri Prasun Bhattacharya, ARFor Respondent: Shri Manjeet Singh, CIT, DR
Section 143(1)Section 143(3)Section 144BSection 154Section 250

246A(1)(a) of the Act. The same is also rectifiable u/s 154(1)(b) of the Act by the Ld. AO. The assessee has availed both the remedies, once by filing an appeal before the Ld. CIT(A) and another by filing two rectification applications. All three are pending and the impugned appeal before

INFOSOFT GLOBAL P LTD.,KOLKATA vs. DCIT, CIR. 1(1), KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 501/KOL/2024[2020-21]Status: DisposedITAT Kolkata21 Mar 2025AY 2020-21

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(1)Section 143(3)Section 250

disallowance of the claim of brokerage of Rs. 14,37,500/-, however, ground nos. 1 & 2 relating to addition of Rs. 1,20,00,000/- being contingent liabilities which were not I.T.A. No.: 501/KOL/2024 Assessment Year: 2012-13 Infosoft Global (P) Ltd. debited in the profit and loss account and for which no deduction was claimed even in the computation

TWOPIRADIAN INFOTECH PRIVATE LIMITED,KOLKATA vs. ITO WARD 2(1)-KOL, KOLKATA

Appeals are allowed for statistical purposes

ITA 246/KOL/2025[2021-22]Status: DisposedITAT Kolkata04 Aug 2025AY 2021-22

Bench: the Joint Commissioner (Appeals) or the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act, 1961, on 13/02/2024, though belatedly, vide e-Filing Acknowledgement Number: 110773970130224 for the Assessment Year 2021-22 belatedly on the grounds explained WAR the Statement of Facts and Grounds of Appeal.

Section 245Section 246ASection 250Section 253

disallowing the expenditure under Section 36(1)(va) of the Act, by CPC, Bengaluru, without giving any opportunity of being heard and subsequent dismissal of appeal under Section 246A

TWOPIRADIAN INFOTECH PRIVATE LIMITED,KOLKATA vs. ITO WARD 2(1)-KOL, KOLKATA

Appeals are allowed for statistical purposes

ITA 247/KOL/2025[2022-23]Status: DisposedITAT Kolkata04 Aug 2025AY 2022-23

Bench: the Joint Commissioner (Appeals) or the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act, 1961, on 13/02/2024, though belatedly, vide e-Filing Acknowledgement Number: 110773970130224 for the Assessment Year 2021-22 belatedly on the grounds explained WARI the Statement of Facts and Grounds of Appeal.

Section 245Section 246ASection 250Section 253

disallowing the expenditure under Section 36(1)(va) of the Act, by CPC, Bengaluru, without giving any opportunity of being heard and subsequent dismissal of appeal under Section 246A

TWOPIRADIAN INFOTECH PRIVATE LIMITED,KOLKATA vs. ITO WARD 2(1), KOLKATA, KOLKATA

Appeals are allowed for statistical purposes

ITA 245/KOL/2025[2020-21]Status: DisposedITAT Kolkata04 Aug 2025AY 2020-21

Bench: the Joint Commissioner (Appeals) or the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act, 1961, on 13/02/2024, though belatedly, vide e-Filing Acknowledgement Number: 110773970130224 for the Assessment Year 2021-22 belatedly on the grounds explained WARI the Statement of Facts and Grounds of Appeal.

Section 245Section 246ASection 250Section 253

disallowing the expenditure under Section 36(1)(va) of the Act, by CPC, Bengaluru, without giving any opportunity of being heard and subsequent dismissal of appeal under Section 246A

BIJNI DOOARS TEA COMPANY LTD. ,KOLKATA vs. PCIT, KOL-2, KOL, KOLKATA

In the result, appeal of the assessee is allowed

ITA 409/KOL/2023[2018-19]Status: DisposedITAT Kolkata20 Oct 2023AY 2018-19

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2018-19 Bijni Dooars Tea Company Principal Commissioner Of Ltd. Income-Tax, Kolkata-2, 4Th Floor, Room No. 1, Kolkata. Vs. Shantiniketan, 8, Camac Street, Kolkata-700017. (Pan: Aabcb1013E) (Appellant) (Respondent)

For Appellant: Shri S. K. Tulsiyan, Advocate & Ms. Mita Rizvi, CAFor Respondent: Shri S. Datta, CIT, DR
Section 115PSection 143(3)Section 263Section 44A

246A which can be challenged by the assessee by denying the liability under the Act. However, for demand raised on the assessee by undertaking regular assessment u/s 143(3) for assessing the total income, appeal would lie under the different clause as stated above. Therefore, there will be two different appeals for the demands raised under different sections

M/S KOLKATA WEST INTERNATIONAL CITY PVT. LTD.,HOWRAH vs. DCIT, CIR-11(1) KOLKATA, KOLKATA

In the result, the appeal of assessee is allowed

ITA 2656/KOL/2019[2009-10]Status: DisposedITAT Kolkata18 May 2022AY 2009-10

Bench: Shri Sanjay Garg & Shri Girish Agrawal]

Section 143(3)Section 263Section 43B

disallowance of a sum of Rs.55,05,750/- being 75% of the Security Expenses of Rs.73,41,000/- claimed for the year. The Ld. CIT(A) dismissed the appeal of the assessee merely on non-prosecution. 11. Before we advert to the facts and law involved in this appeal before us, it is worth apprising ourselves on the law governing

APEEJAY SHIPPING LTD.,KOLKATA vs. A.C.I.T CC - III,KOLKATA, KOLKATA

In the result, appeal of the assessee is allowed

ITA 2485/KOL/2019[2010-11]Status: DisposedITAT Kolkata31 May 2023AY 2010-11

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2010-11

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri G. Hukugha Sema, CIT,DR
Section 115VSection 143(3)Section 14ASection 251Section 251(2)Section 80G

disallowance to be made under section 14A of the Act and deduction claimed under section 80GGB and 80G of the Act. It is also manifest that ld. CIT(A) had raised the three above noted issues from the point of view of their taxability. Since ld. AO had not applied his mind to the question of taxability or non-taxability

M/S. VICTOR COMMERCIAL CO. LTD.,KOLKATA vs. ACIT, CC - 1(2), KOLKATA, KOLKATA

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

ITA 1127/KOL/2024[2010-2011]Status: DisposedITAT Kolkata27 Aug 2024AY 2010-2011

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2009-10 & Assessment Year: 2010-11 M/S Victor Commercial Co. Acit, Central Circle-1(2), Ltd., Kolkata, C/O. M/S Salarpuria Jajodia & Aayakar Bhawan Poorva, Vs Co., 7, C.R., Avenue, 3Rd Floor, 110, Shantipally, E.M. Kolkata - 700072 Bypass, Kolkata - 700017 (Pan: Aabcv0011C) (Appellant) (Respondent)

For Appellant: S. Jhajaria, ARFor Respondent: Pradip Biswas, Addl. CIT
Section 147Section 148Section 250

1. Disallowance of loss ………Rs. 6,04,477/- 5. In the instant case, the appellant is not able to show that the decision of the A.O. was arbitrary, biased, irrational, vindicative or capricious without any basis. I find no reason to inference with the decision of the A.O. 6. In the result, the appeal filed by the appellant is dismissed

NISHTHA VINCOM PVT. LTD., ,KOLKATA vs. ITO, WARD 6(3), , KOLKATA

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1160/KOL/2025[2012-2013]Status: DisposedITAT Kolkata28 Oct 2025AY 2012-2013

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 14ASection 250Section 68

disallowance under section 14A of the Act. The Ld. CIT(A) dismissed the appeal by giving its finding as extracted under: “3. Findings and Decision of the Appellate Authority- 3.1 The appellant has preferred this appeal against the order passed by the Assessing Officer for the AY 2012-13. As mandated under Section 246A of the Income

GIASUDDIN SHAIKH,MURSHIDABAD vs. ACIT, CIRCLE - 42, MURSHIDABAD, MURSHIDABAD

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1134/KOL/2024[2017-2018]Status: DisposedITAT Kolkata10 Sept 2024AY 2017-2018

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2017-18

For Appellant: NoneFor Respondent: Shri Pradip Biswas, Addl. CIT
Section 143(3)Section 250

1. That I am an Income Tax assessee and I was assessed u/s 143(3) under PAN: ACJPH9060J for the asstt. year 2017-18 by the Asstt. Commission of Income Tax Circle-42, Murshidabad determining the total income of Rs.25,60,700/- 2. That I carried on the business of Labour Contractor of NTPC, Farakka Barrage, U.P.L and other departments

UNISYS SOFTWARES AND HOLDING IND. LTD.,KOLKATA vs. DCIT, CIR. 8(2), KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 43/KOL/2024[2011-12]Status: DisposedITAT Kolkata27 Sept 2024AY 2011-12

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2011-12

For Appellant: NoneFor Respondent: Subhendu Datta, CIT-DR
Section 143(3)Section 147Section 148Section 250Section 250(6)Section 68

1) Sahayta Financial Consultancy Serive (ii) Brijdham Dealcom (P) Ltd. still exist as share holders but no response could be evoked from them also. However, the assessee is unable to explain anything in this regard. 2.9. Further, it is imperative to discuss the balance sheet of the assessee company as well as facts and circumstances in respect of share capital

WELKIN TELECOM INFRA PVT. LTD.,,KOLKATA vs. ACIT, CIRCLE 11(1), , KOLKATA

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 668/KOL/2025[2014-15]Status: DisposedITAT Kolkata16 Jul 2025AY 2014-15

Bench: Shri Duvvuru Rl Reddy(Kz) & Shri Rakesh Mishra

Section 143(3)Section 147Section 148Section 148ASection 250

1. That on facts and in the circumstances of the case, the impugned notice issued u/s 148 of the Act dated 31-07-2022 is barred by limitation by virtue of the judgment of the Hon'ble Supreme Court in the case of UOI vs Rajeev Bansal reported in [2024] 167 taxmann.com 70 (SC) and hence the entire proceedings-initiated

INDIA CONSTRUCTION,DIAMOND HARBOUR vs. ITO, WARD - 25(1), KOLKATA

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 2592/KOL/2024[2018-19]Status: DisposedITAT Kolkata21 Aug 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 133(6)Section 143(3)Section 250

disallowed a sum of Rs 32,97,194/- being on account of Sundry Debtor and same to the income of your petitioner. 4) That the petitioner craves leave to add to, alter, amend, modify, substitute, delete and/or rescind all or any of the Grounds of Appeal on or before the final hearing, if necessity so arises.” 3. Brief facts

STARPOINT VINIMAY PRIVATE LIMITED,KOLKATA vs. ASST COMMISSIONER OF INCOME TAX (OSD) WARD-1(1), , KOLKATA

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 340/KOL/2025[2015-2016]Status: DisposedITAT Kolkata26 Aug 2025AY 2015-2016

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(3)Section 250Section 5

disallowance u/s 14A of the Act read with Rule 8D of the Income Tax Rules, 1962. Aggrieved with the assessment order, the assessee filed an appeal before the Ld. CIT(A) who considered the facts and circumstances of the case, assessment order and noted that despite issuing 4 notices, the assessee did not file any reply during the appellate proceeding

JAI MATADI ENTERPRISE,MURSHIDABAD vs. ITO, WARD 42(1),, MURSHIDABAD

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1356/KOL/2025[2021-2022]Status: DisposedITAT Kolkata08 Sept 2025AY 2021-2022

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(3)Section 250Section 250(6)

disallowed 5% of the unverified expenses totalling to ₹9,97,22,125/- i.e. ₹49,86,106/- and accordingly made an addition of ₹49,86,106/- to the total income declared by the assessee and assessed the total income of the assessee at ₹54,20,456/- u/s 143(3) r.w.s. 144B of the Act. Aggrieved with the assessment order, the assessee