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.

186 results for “disallowance”+ Section 274(2)clear

Sorted by relevance

Mumbai1,522Delhi1,022Bangalore359Ahmedabad267Chennai238Jaipur236Kolkata186Pune164Raipur118Indore98Surat96Hyderabad93Chandigarh83Allahabad41Lucknow34Rajkot31Visakhapatnam31Guwahati30Amritsar28Cuttack26Ranchi26Cochin23Karnataka19Agra18Nagpur15Panaji11SC10Telangana8Jodhpur7Calcutta5Dehradun5Jabalpur3Rajasthan2Punjab & Haryana2Varanasi2

Key Topics

Section 271(1)(c)160Section 27497Section 143(3)64Section 153A59Addition to Income58Penalty53Disallowance51Section 132(4)33Section 271(1)31Deduction

SOMA RANI GHOSH,KOLKATA vs. DCIT, CIR-49, KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1420/KOL/2015[2012-2013]Status: DisposedITAT Kolkata09 Sept 2016AY 2012-2013

Bench: Shri Waseem Ahmed & Shri K. Narasimha Chary

Section 194CSection 194C(6)Section 194C(7)Section 40

disallowable under section 40(a)(ia) of the Act, and adding back Rs.1,63,78,648/- claimed as expense towards Carriage Inward and Rs.1,13,00,980/- claimed as expense towards Carriage Outward, and such additions shall stand deleted. 36. In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on September

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. ADIT (INTERNATIONAL TAXATION) - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

Showing 1–20 of 186 · Page 1 of 10

...
30
Section 80I29
Section 271A27
ITA 1489/KOL/2011[2005-06]Status: DisposedITAT Kolkata06 Apr 2016AY 2005-06

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

Disallowance u/s.40(a)(i) 31,36,682 Difference on account of “grossing up” 37,33,151 3,07,17,394 Less: Losses brought forward from AY 2006-07 22,40,274 Taxable Income 2,84,77,120 13. Aggrieved by the proposal as contained in the draft assessment order, the Assessee filed objections to the proposed assessment as contained

GIFFORD & PARTNERS LTD.(SINCE MERGED WITH GIFFORD LLP),KOLKATA vs. DDIT, INTERNATIONAL TAXATION - 1(1), KOLKATA, KOLKATA

In the result ITA No.1489/Kol/11 is partly allowed

ITA 2082/KOL/2010[2007-08]Status: DisposedITAT Kolkata06 Apr 2016AY 2007-08

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri Waseem Ahmed, Am] Assessment Year : 2007-08

For Appellant: Shri S.K.Agarwal, FCAFor Respondent: Shri G.Mallikarjuna, CIT (DR)
Section 143(3)Section 144C

Disallowance u/s.40(a)(i) 31,36,682 Difference on account of “grossing up” 37,33,151 3,07,17,394 Less: Losses brought forward from AY 2006-07 22,40,274 Taxable Income 2,84,77,120 13. Aggrieved by the proposal as contained in the draft assessment order, the Assessee filed objections to the proposed assessment as contained

DCIT, CIRCLE - 6,, KOLKATA vs. LOKNATH SARAF SECURITIES LTD.,, KOLKATA

In the result, to sum up ITA No

ITA 852/KOL/2008[2003-04]Status: DisposedITAT Kolkata08 Jul 2016AY 2003-04

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

Section 43(5)Section 73

disallowed by him in the assessment completed under section 143(3) vide an order dated 13.12.2005. 6. Against the order passed by the Assessing Officer under section 143(3), an appeal was preferred by the assessee before the ld. CIT(Appeals) challenging, inter alia, the action of the Assessing Officer in I.T.A. No. 852/KOL./2008 Assessment year: 2003-2004 Assessment

M/S. SAHARA UTSARGA WELFARE SOCIETY ,KOLKATA vs. DCIT(E), CIRCLE - 1 , KOLKATA

In the result, appeal of the assessee is allowed

ITA 1804/KOL/2019[2011-12]Status: DisposedITAT Kolkata08 Jan 2021AY 2011-12

Bench: Sri J. Sudhakar Reddy, Hon’Ble & Shri Satbeer Singh Godara, Hon’Ble) [Virtual Court Hearing] Assessment Years: 2011-12 M/S. Sahara Utsrga Welfare Society…………………….................................………………...…......Appellant Michael Nagar Kalibari Sarani Kolkata – 700 133 [Pan : Aadts 6744 E] Vs. Deputy Commissioner Of Income Tax (E), Circle-1, Kolkata………….........….……....…....Respondent Appearances By: Shri A.K. Tulsiyan, Ca, Appeared On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 21St, 2020 Date Of Pronouncing The Order : January 8Th, 2021 Order Per J. Sudhakar Reddy, Am :-

Section 11Section 11(1)Section 11(2)Section 250

disallowance of claim u/s 11(2) of the Act, of Rs.90,00,000/ 11(2) of the Act, of Rs.90,00,000/- by the Assessing Officer. 5.1. The ld. Counsel for the assessee submitted that the accumulation u/s 11(2) of the The ld. Counsel for the assessee submitted that the accumulation u/s 11(2) of the The ld. Counsel

SRI AMIT KUMAR SEN,KOLKATA vs. D.C.I.T CIR - 51,KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed and the appeal of the Revenue is dismissed

ITA 402/KOL/2013[2008-2009]Status: DisposedITAT Kolkata13 Apr 2016AY 2008-2009

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

Section 143(3)Section 40Section 40A(3)

274/- out of transport charges was disallowable under section 40A(3) while a further sum of Rs.8,90,262/- was I.T.A. Nos. 402 & 631/KOL./2013 Assessment year: 2008-2009 Page 6 of 6 disallowable on account of unverifiable element involved in transport charges paid by the assessee. Accordingly, he allowed a relief of Rs..52,31,333/- to the assessee

M/S. GARG BROTHERS PVT. LTD.,,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, assessee’s appeal is allowed

ITA 431/KOL/2021[2012-13]Status: DisposedITAT Kolkata23 Mar 2022AY 2012-13

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

Section 132Section 132(1)Section 132(4)Section 15Section 2Section 271A

disallowance under section 14A, amortization of capital issue expenditure. Thus, it is noted that the total undisclosed income of Rs.3,78,57,991/- which was offered as undisclosed income of assessee u/s. 132(4) of the Act was taxed by AO. 7. Thereafter, the AO had initiated the penalty proceedings u/s. 271AAA of the Act on the additional income admitted

TALUK GOPALPUR SAMABAY KRISHI UNNAYAN SAMITY LIMITED. ,MEDINIPUR vs. ITO, WARD NO-27(3), HALDIA, HALDIA

In the result, the appellant fails with respect to ground no

ITA 1152/KOL/2023[2018-19]Status: DisposedITAT Kolkata07 Aug 2024AY 2018-19

Bench: Pradip Kumar Choubey & Sri Sanjay Awasthi

Section 80PSection 80P(2)(d)

274 ITR 119 (Allahabad) to canvas the point that in case the impugned amount is held to be income from other sources then this case could guide in estimating expenses allowable to earn such income. 1.5. The ld. D/R relied on the Totgars, Co-operative Sale Society Ltd. (supra) case and the findings given in the orders

A.C.I.T CIR - 35,KOLKATA, KOLKATA vs. KISHAN GOPAL MOHTA, KOLKATA

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

ITA 2472/KOL/2013[2008-09]Status: DisposedITAT Kolkata12 May 2017AY 2008-09

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

Section 143(3)Section 14A

disallowance of Rs.92,04,274/- made by the Assessing Officer under section 14A read with Rule 8D of the Income Tax Rules, 1962 to Rs.11,42,428/-. 2

M/S BISSESWARIALL MANNALAL & SONS,KOLKATA vs. DCIT, CIR-33, KOLKATA, KOLKATA

In the result, the appeal filed by the assessee( Ground No

ITA 1140/KOL/2015[2011-2012]Status: DisposedITAT Kolkata24 Apr 2019AY 2011-2012

Bench: Shri A.T.Varkey, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.1140/Kol/2015 (िनधा"रणवष" / Assessment Year: 2011-12) M/S Bisseswarlall Vs. Dcit, Cir-33, Kolkata 10B, Middleton Row,3Rd Floor, Mannalal& Sons 12, Pretoria Street, 5Th Floor, Kolkata Kolkata – 71. – 700 071. "थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aacfb 7736 L (Appellant) .. (Respondent)

For Appellant: Shri P.J. Bhide, FCAFor Respondent: Shri Robin Chowdhury, Addl. CIT Sr. DR
Section 143(3)Section 24Section 80Section 80I

disallowance of deduction claimed by the assessee, under section 80-IC (2) (b) of the Act in respect of profit of Rs. 34,73,556/-, derived by the assessee on sale of black tea manufactured from green leaf purchased. This order is recalled for limited purpose which is given in para No.3 of MA .No. 97/Kol/2018, dated 29.08.2018, the same

DCIT, C.C.XXVII, KOLKATA, KOLKATA vs. M/S. PRATAP PROPERTIES LTD., KOLKATA

Accordingly, the grounds raised by the revenue for all the assessment years are dismissed

ITA 1386/KOL/2010[2005-06]Status: DisposedITAT Kolkata10 Feb 2016AY 2005-06

Bench: Hon. Sri Mahavir Singh & Hon. Sri M.Balaganesh

For Appellant: Shri Nongothung Jungio, JCIT, ld.Sr.DRFor Respondent: Shri A.K Tibrewal, FCA, ld.AR
Section 132Section 132(4)Section 139(1)Section 153ASection 153CSection 271(1)

274 read with section 271(1)(c ) of the Act or from the assessment order. In response to this, the Learned DR relied on the provisions of Section 271(1B) of the Act which is introduced with retrospective effect from 1.4.1989. He relied on various case laws in support of his various contentions stated supra. 8. We have heard

USHA MARTIN VENTURES LIMITED,KOLKATA vs. D.C.I.T CIR - 6,KOLKATA., KOLKATA

In the result, assessee’s appeal is allowed

ITA 847/KOL/2013[2009-10]Status: DisposedITAT Kolkata29 Feb 2016AY 2009-10

Bench: Shri Mahavir Singh & Shri Waseem Ahmedassessment Year :2009-10 Usha Martin Ventures V/S. Dcit, Circle-6 Ltd., 24, R.N.Mukherjee Aaykar Bhawan, P-7, Road, 2Nd Floor, Kolkata- Chowringhee Squre, 700 001 Kolkata-700 069 [Pan No.Aaacu 3843 J] .. अपीलाथ" /Appellant ""यथ"/Respondent

Section 115JSection 143(3)Section 14ASection 48Section 50(2)

2,98,343/- (3) 5% of administrative expense 40,73,586.00 The Assessing Officer has disregarded and ignored this disallowance without adducing any reason. The AO also not recorded any dissatisfaction with regard to disallowance made by assessee in terms of Sec. 14A of the Act. The AO directly invoked the provision of Sec. 14A of the Act and applied

M/S. CLIFF TREXIM PVT. LTD., ,KOLKATA vs. DCIT, CENTRAL CIRCLE - 3(2), KOLKATA , KOLKATA

In the result, assessee’s appeal is allowed

ITA 430/KOL/2021[2012-13]Status: DisposedITAT Kolkata27 Jun 2022AY 2012-13

Bench: Shri Rajpal Yadav, Vice- & Shri Rajesh Kumar]

Section 132(1)Section 132(4)Section 139(1)Section 143(3)Section 153ASection 271A

disallowance under section 14A, amortization of capital issue expenditure. Thus, it is noted that the total undisclosed income of Rs.3,78,57,991/- which was offered as undisclosed income of assessee u/s. 132(4) of the Act was taxed by AO. 7. Thereafter, the AO had initiated the penalty proceedings u/s. 271AAA of the Act on the additional income admitted

THE DEPUTY COMMISSIONER OF INCOME TAX CIRCLE 3(2), GANGTOK, GANGTOK SIKKIM vs. SIKKIM STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED , GANGTOK SIKKIM

In the result, the appeal filed by the Revenue is dismissed

ITA 1711/KOL/2024[2020-21]Status: DisposedITAT Kolkata29 Apr 2025AY 2020-21

Bench: Shri Pradip Kumar Choubey & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 144BSection 250Section 270ASection 274Section 40Section 80GSection 80PSection 80P(2)(d)

section 40(a)(ia) of the Act towards payments made without deducting I.T.A. No.: 1711/KOL/2024 Assessment Year: 2020-21 Sikkim State Cooperative Supply and Marketing Federation Limited. TDS; (ii) disallowance of claim of deduction of Rs. 10,00,000/- u/s 80G of the Act towards donation, and (iii) disallowance of claim of deduction

BAGARIA LEASING PVT. LTD.,KOLKATA vs. ITO, WARD-1(1), KOLKATA

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

ITA 442/KOL/2024[2008-09]Status: DisposedITAT Kolkata29 Nov 2024AY 2008-09

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 250Section 263Section 271(1)(c)

disallowed in computing the total income or loss of the assessee in any order of assessment or reassessment of the and the said order contains a direction for initiation of penalty proceedings under clause (c) of sub-section (1), such an order of assessment or reassessment shall be deemed to constitute satisfaction of the Assessing Officer for initiation

BAGARIA LEASING PVT. LTD.,KOLKATA vs. ITO, WARD-1(1), KOLKATA

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

ITA 441/KOL/2024[2007-08]Status: DisposedITAT Kolkata29 Nov 2024AY 2007-08

Bench: Sonjoy Sarma & Sri Rakesh Mishra

Section 143(3)Section 250Section 263Section 271(1)(c)

disallowed in computing the total income or loss of the assessee in any order of assessment or reassessment of the and the said order contains a direction for initiation of penalty proceedings under clause (c) of sub-section (1), such an order of assessment or reassessment shall be deemed to constitute satisfaction of the Assessing Officer for initiation

MITUL PRAVINCHANDRA MALANI, ,KOLKATA vs. ACIT, CIR. 33, KOLKATA

In the result, the appeal of the assessee is partly allowed while the penalty of ₹9,560/- imposed is hereby cancelled

ITA 931/KOL/2024[2014-15]Status: DisposedITAT Kolkata17 Oct 2024AY 2014-15

Bench: Shri Rajpal Yadav & Shri Rakesh Mishraassessment Year: 2014-15

For Appellant: Anil Kochar, AdvocateFor Respondent: Subhendu Datta, CIT DR
Section 143(3)Section 250Section 271(1)(c)Section 274

2. For that the issue involved in the appeal of the assessee was covered in the favour of the assessee by the various decision of the Hon'ble Income Tax Appellate Tribunal and also the Hon'ble High Court, Calcutta which was duly noted in the written submissions made before the Ld. CIT(A). 3. For that

DCIT, CIR-11(2), KOLKATA, KOLKATA vs. M/S P C CHANDRA (JEWELLERS) PVT. LTD., KOLKATA

In the result, Revenue’s appeal stands dismissed

ITA 1197/KOL/2015[2011-2012]Status: DisposedITAT Kolkata02 Feb 2018AY 2011-2012

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2011-12 Dct, Crcle-11(2), V/S. M/S P.C. Chandra P-7, Chowringhee (Jewellers), Pvt. Ltd., Square, Kolkta-69 49C, Gaiahat Road, Kolkata-19 [Pan No.Aabcp 8654 M] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Sallong Yaden, Addl. Cit-Sr-Dr अपीलाथ" क" ओर से/By Appellant Shri Ravi Tulsiyan, Fca ""यथ" क" ओर से/By Respondent 11-01-2018 सुनवाई क" तार"ख/Date Of Hearing 02-02-2018 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)-4, Kolkata Dated 06.07.2015. Assessment Was Framed By Dcit, Circle-11, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.08.2013 For Assessment Year 2011-12. Revenue Has Raised Following Ground:- “1. That On The Facts & In The Circumstances Of The Assessee Ld. Cit Has Erred In Deleting The Penalty Of Rs.23,68,786/- Imposed U/S. 271(1)(C) Of The It Act. 1961. 2. That The Appellant Craves For Leave To Add, Delete Or Modify Any Of The Grounds Of Appeal Before Or All The Time Of Hearing.”

Section 142(1)Section 143(2)Section 143(3)Section 271(1)(c)Section 274

disallowed the amount of depreciation claimed by assessee on land and added to the total income of assessee. However, AO in his assessment proceedings initiated penalty proceedings u/s 271(1)(c) of the Act and issued penalty notice u/s. 274 of the Act dated 28..08.2013. The AO finally levied the penalty of ₹23,68,786/- being

M/S PRICEWATERHOUSE COOPERS PVT. LTD.,KOLKATA vs. ACIT, CIRCLE-2(2), KOLKATA, KOLKATA

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

ITA 2298/KOL/2016[2011-2012]Status: DisposedITAT Kolkata29 May 2020AY 2011-2012

Bench: Sri J. Sudhakar Reddy & Sri S.S. Godara) Assessment Year: 2011-12 M/S. Pricewaterhouse Coopers Private Limited……...............................……………………......Appellant Block-Ep, Plot –Y14 Salt Lake City Sector-V Kolkata – 700 091 [Pan : Aabcp 9181 H] Vs. Deputy Commissioner Of Income Tax (It), Circle-2(1), Kolkata……..........................…....Appellant Appearances By: Shri Kanchun Kaushal, A/R & Shri Bikash Kr. Jain, Ca, Appeared On Behalf Of The Assessee. Shri Vijay Shankar, Cit, D/R, Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : February 25Th, 2020 Date Of Pronouncing The Order : May 29Th, 2020 Order Per J. Sudhakar Reddy, Am :-

Section 144C(13)

274 r.w.s. 271 of the Act, dt. 27/11/2015. 7/11/2015. 2.1.2. The assessee replied on 23/12/2015, stating that the said notice issued u/s The assessee replied on 23/12/2015, stating that the said notice issued u/s The assessee replied on 23/12/2015, stating that the said notice issued u/s 274/271 of the Act, received along with the order passed u/s 144C

OCTAGON ENTERPRISES (P) LTD.,KOLKATA vs. THE DCIT, CIR-2(2), KOLKATA, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1335/KOL/2016[2011-2012]Status: DisposedITAT Kolkata22 Dec 2017AY 2011-2012

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

Section 10ASection 143(3)Section 271Section 271(1)(c)Section 274

disallowance of deduction under section 10A amounting to Rs.16,04,108/-. Penalty proceedings under Assessment Year: 2011-2012 section 271(1)(c) were also initiated by the Assessing Officer and since the explanation offered by the assessee in response to the show-cause notice issued during the course of the said proceedings, was not found acceptable by him, the Assessing