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5 results for “disallowance”+ Section 269Tclear

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Key Topics

Section 271E15Section 269T13Section 143(3)4Section 271A4Section 44A4Addition to Income4Penalty4Section 2633Section 269S3Section 144

INCOME TAX OFFICER, BURDWAN vs. PAHARHATI O UTTAR MEMARI COOPERATIVE AGRICULTURAL MARKETING SOCIETY LIMITED, BURDWAN

In the result, the appeal of the Revenue is dismissed

ITA 1455/KOL/2023[2017-18]Status: DisposedITAT Kolkata18 Nov 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2017-18

For Appellant: Shri Pradip Kumar Biswas, ACITFor Respondent: None
Section 133(6)Section 144Section 250Section 269TSection 271E

269T of the Act, which worked out to ₹1,00,40,222/-, was imposed. The penalty was initiated on account of findings made in the assessment order dated 24.12.2019 passed u/s 144 of the Act and the relevant extract from Page 2 of the order is as under:- “In this regard the assessee was asked to explain source of cash

2
Disallowance2

RAJENDRA KUMAR MISHRA,KOLKATA vs. ACIT,CIR-47,KOLKATA, KOLKATA

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

ITA 1340/KOL/2023[2014-15]Status: DisposedITAT Kolkata01 Apr 2024AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Girish Agrawalassessment Year: 2014-15

For Appellant: Shri Rajesh Kumar Mishra, AdvocateFor Respondent: Shri Rakesh Kumar Das, CIT, DR
Section 143(3)Section 263Section 269SSection 68

section 269SS and 269T of the I.T. Act, 4 Rajendra Kumar Mishra, AY 2014-15 1961 when he added the two sum of receipt and payment of loans in cash of Rs.20,000/- & above by the assessee during the F.Y. 2013-14 on account of their "disallowance

M/S ARKIT VINCOM PVT. LTD,KOLKATA vs. ADDL. CIT RANGE 9, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2397/KOL/2016[2008-09]Status: DisposedITAT Kolkata07 Mar 2018AY 2008-09

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2397/Kol/2016 Assessment Year : 2008-09 M/S Arkit Vincom Pvt. Ltd. -Vs- Acit, Range-9, Kolkata [Pan: Aacca 3907 B] (Appellant) (Respondent)

For Appellant: Shri Arvind Agarwal, AdvocateFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT
Section 269TSection 271E

section 269T of the Act refers only to repayment in the form of money and does not apply to repayment in kind or through book adjustments. The ld AO observed that on examination of the balance sheet of the assessee company as on 31.3.2008, that the assessee has claimed loss in operation. It has a small turnover

ANITA BASAK,KOLKATA vs. ACIT, CC 1(1),, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 2174/KOL/2025[2018-19]Status: DisposedITAT Kolkata19 Dec 2025AY 2018-19

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Anita Basak Acit, Central Circle 1(1), C/O. S.N. Ghosh & Associates, Kolkata, Advocates, Aaykar Bhawan Poorva, 2, Garstin Place, 2 Nd Floor, Suite 110 Shanti Pally, 5 Th Floor, Vs. No.203, Off Hare Street, Kolkata, Eastern Metropolitian By Pass, West Bengal-700001, Kolkata-700107, West Bengal (Appellant) (Respondent) Pan No. Ahhpb5785B Assessee By : Shri Somnath Ghosh, Ar Revenue By : Shri Ruchika Sharma, Dr Date Of Hearing: 04.12.2025 Date Of Pronouncement: 19.12.2025

For Appellant: Shri Somnath Ghosh, ARFor Respondent: Shri Ruchika Sharma, DR
Section 1Section 133Section 143(3)Section 144Section 144ASection 145(3)Section 270ASection 271Section 271ASection 44A

disallow and add back unvouched and inadmissible expenses. The assessee has to suffer. Assessing Officer faces no inability such a situation. Therefore, no penalty, in my humble opinion, can be levied under section 271A if the books of account are found to be un-reliable by revenue authorities and are rejected. In the case in hand, the Assessing Officer

RAMAN KUMAR MALHOTRA,KOLKATA vs. ITO, WARD-36(1), KOLKATA, KOLKATA

In the result, appeal filed by the assessee stands allowed

ITA 2082/KOL/2014[2006-2007]Status: DisposedITAT Kolkata08 Nov 2017AY 2006-2007

Bench: Shri Aby.T Varkey & Shri Waseem Ahmedassessment Year :2006-07

Section 143(3)Section 269TSection 271E

disallowance in the total income of the assessee. 4. During the year, assessee has shown repayment of loan of ₹6.50 lakh in cash to his wife Smt. Vimmi Malhotra. As per the AO the repayment of loan in cash is prohibited u/s 269T of the Act. Therefore, AO called upon the assessee for levying the penalty u/s 271E