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19 results for “disallowance”+ Section 32(1)(iia)clear

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Key Topics

Section 115J25Depreciation14Addition to Income14Section 25013Section 143(1)12Section 234B12Disallowance12Deduction11Section 80I10Section 14A

M/S. DEEPAK INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE - 6(1), KOLKATA, KOLKATA

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

ITA 467/KOL/2022[2019-2020]Status: DisposedITAT Kolkata10 Jan 2024AY 2019-2020

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139(1)Section 143(1)Section 2(24)(x)Section 234CSection 36(1)(va)Section 43(1)Section 43A

32(1)(iia) effective AY: 2018-19 And 2019-20 M/s. Deepak Industries Ltd. w.e.f 01.04.2016 providing that where assets has been put to use for the purpose of business for a period less than 180 days in the previous year, the deduction shall be allowed in respect of depreciation @ 50% of normal depreciation as prescribed under clause (iia

9
Section 234C8
Section 2638

M/S. DEEPAK INDUSTRIES LTD.,KOLKATA vs. DCIT, CIRCLE-6(1), KOLKATA, KOLKATA

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

ITA 466/KOL/2022[2018-2019]Status: DisposedITAT Kolkata09 Jan 2024AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139(1)Section 143(1)Section 2(24)(x)Section 234CSection 36(1)(va)Section 43(1)Section 43A

32(1)(iia) effective AY: 2018-19 And 2019-20 M/s. Deepak Industries Ltd. w.e.f 01.04.2016 providing that where assets has been put to use for the purpose of business for a period less than 180 days in the previous year, the deduction shall be allowed in respect of depreciation @ 50% of normal depreciation as prescribed under clause (iia

JCIT (OSD), CIR- 11(1), , KOLKATA vs. M/S. GOBIND SUGAR MILLS LTD. , KOLKATA

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

ITA 235/KOL/2023[2020-21]Status: DisposedITAT Kolkata26 Jul 2023AY 2020-21

Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Ankit Goel, A/RFor Respondent: Shri Abhijit Kundu, CIT D/R
Section 115BSection 143(1)(a)Section 250Section 32(1)(iia)

disallowance of claim of adjustment of brought forward additional depreciation in determining the taxable income u/s 115BAA of the I.T Act, 1961. 3. That the CIT(A) has erred in ignoring the clarification issued by CBDT vide Circular No. 29 of 2019 dated 02.10.2019 [F. No 142/20/2019-TPL dated 02.10.2019]. 4. That the appellant craves leave to add any new ground

D.C.I.T.,CIRCLE-6(1), KOLKATA vs. M/S BIRLA CORPORATION LTD., KOLKATA

In the result, the appeal of the revenue as well as cross-objection of the assessee are partly allowed

ITA 1964/KOL/2019[2015-16]Status: DisposedITAT Kolkata16 Jan 2024AY 2015-16

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1964/Kol/2019 Assessment Year: 2015-16 Dcit, Circle-6(1), Kolkata…………….......................…...……………....Appellant Vs. M/S Birla Corporation Ltd…………...........…..........................…..…..... Respondent Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] C.O. 39/Kol/2019 (A/O I.T.A. No.1964/Kol/2019) Assessment Year: 2015-16 M/S Birla Corporation Ltd…………...........….....................…..…..... Cross-Objector Birla Building, 9/1, R.N. Mukherjee Road, Kolkata – 700001. [Pan: Aabcb2075J] Vs Dcit, Circle-6(1), Kolkata…………….......................…...……………....Respondent Appearances By: Shri Abhijit Kundu, Cit-Dr, Advocate, Appeared On Behalf Of The Department. Shri J. P. Khaitan, Sr. Counsel, Appeared On Behalf Of The Assessee. Date Of Concluding The Hearing : October 18, 2023 Date Of Pronouncing The Order : January 16, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal By The Revenue & The Corresponding Cross Objections By The Assessee Have Been Preferred Against The Order Dated 30.05.2019 Of The Commissioner Of Income Tax (Appeals)-22, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). First, We Take Up Revenue’S Appeal Ita No.1964/Kol/2019. I.T.A. No.1964/Kol/2019 & C.O. 39/Kol/2019 M/S Birla Corporation Ltd

Section 115JSection 14ASection 250Section 80I

iia) to sub-section (1) of section 32 of the Act. The facts of the present are similar to the decision supra relied on by the assessee. Therefore, we are of the view that the law laid down by the Hon'ble High Court of Karnataka in the case of CIT and another vs. Rittal India Private Lid supra

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 2143/KOL/2018[2014-15]Status: DisposedITAT Kolkata07 Feb 2023AY 2014-15

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

iia) to sub-section (1) of section 32 of the Act. The facts of the present are similar to the decision supra relied on by the assessee. Therefore, we are of the view that the law laid down by the Hon'ble High Court of Karnataka in the case of CIT and another vs. Rittal India Private Page

DCIT, CIRCLE - 6(1), , KOLKATA vs. M/S. BIRLA CORPORATION LTD., KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 2142/KOL/2018[2013-14]Status: DisposedITAT Kolkata07 Feb 2023AY 2013-14

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

iia) to sub-section (1) of section 32 of the Act. The facts of the present are similar to the decision supra relied on by the assessee. Therefore, we are of the view that the law laid down by the Hon'ble High Court of Karnataka in the case of CIT and another vs. Rittal India Private Page

BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT, CIR.-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 497/KOL/2020[2014-15]Status: DisposedITAT Kolkata07 Feb 2023AY 2014-15

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

iia) to sub-section (1) of section 32 of the Act. The facts of the present are similar to the decision supra relied on by the assessee. Therefore, we are of the view that the law laid down by the Hon'ble High Court of Karnataka in the case of CIT and another vs. Rittal India Private Page

BIRLA CORPORATION LIMITED,KOLKATA vs. DCIT CIR.-6(1), KOLKATA

In the result, appeals filed by the Revenue for AYs 2013-14 &

ITA 496/KOL/2020[2013-14]Status: DisposedITAT Kolkata07 Feb 2023AY 2013-14

Bench: Sri Rajpal Yadav & Dr. Manish Borad

Section 115JSection 143(3)Section 14ASection 250Section 80I

iia) to sub-section (1) of section 32 of the Act. The facts of the present are similar to the decision supra relied on by the assessee. Therefore, we are of the view that the law laid down by the Hon'ble High Court of Karnataka in the case of CIT and another vs. Rittal India Private Page

M/S GENERAL POLYTEX PVT. LTD.,SURAT vs. ITO, WARD 1(1), KOLKATA

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

ITA 166/KOL/2022[2015-16]Status: DisposedITAT Kolkata16 Mar 2023AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 166/Kol/2022 Assessment Year: 2015-2016 M/S. General Polytex Pvt. Limited,...........Appellant 0/2171-72, Malviniwadi, Sonifalia, Bhagatalav, Gujarat-395003 [Pan: Aaccb5335L] -Vs.- Income Tax Officer,...............................Respondent Ward-1(1), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri M.K. Patwari, Fca, Appeared On Behalf Of The Assessee Shri Vijay Kumar, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : March 07, 2023 Date Of Pronouncing The Order : March 16, 2023 O R D E R

Section 143(2)Section 271Section 32

disallowing the claim of the appellant, the AO has stated that the assets have been put to use for less than a month, there is very little production and the depreciation has been claimed only to set off the profit of this year. 7.2. The provision of section 32 of the Act are crystal clear and when the asset

D.C.I.T.,CIRCLE-1(1), KOLKATA vs. M/S. EXIDE INDUSTRIES LTD., , KOLKATA

In the result, both the appeal filed by the revenue and the cross-objection filed by the assessee is dismissed

ITA 206/KOL/2019[2014-15]Status: DisposedITAT Kolkata06 Sept 2023AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Ble

For Appellant: Shri Anup Sinha, A/RFor Respondent: Shri G. Hukugha Sema, CIT, D/R
Section 135Section 250Section 32(1)(iia)Section 37

section 32(1)(iia) and the remaining 10% was claimed in the subsequent financial year, i.e. financial year 2014-15 relevant to assessment year 2015-16. The ld. Assessing Officer disallowed

JCIT(OSD), CIR011(1), KOLKATA vs. M/S. PHILIPS CARBON BLACK LTD. , KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 234/KOL/2023[2014-15]Status: DisposedITAT Kolkata28 Aug 2025AY 2014-15

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.234/Kol/2023 Assessment Year: 2014-15 Jcit(Osd), Circle-11(1), Kolkata........................…...........................……….……Appellant Vs. M/S Philips Carbon Black Ltd.............…..….…..….........……........……...…..…..Respondent Duncan House, 31 Netaji Subhas Road, Kol-1. [Pan: Aabcp5762E] Appearances By: Shri Praveen Kishore, Cit-Dr, Appeared On Behalf Of The Appellant. Shri Akkal Dudhewala, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 30, 2025 Date Of Pronouncing The Order : August 29Th, 2025 Order Per Rajesh Kumar:

Section 144CSection 250Section 32(1)Section 32(1)(ii)Section 32(1)(iia)Section 80Section 80I

disallowed the assessee’s claim by observing that there was no such enabling provision in Section 32(1)(iia) of the Act which

AURELIA HOUSING CO-OPERATIVE SOCIETY LTD. ,KOLKATA vs. ITO, WARD-49(4), KOLKATA. , KOLKATA

In the result, appeal of the assessee is dismissed

ITA 1138/KOL/2023[2017-18]Status: DisposedITAT Kolkata05 Jun 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 1138/Kol/2023 Assessment Year: 2017-18 Aurelia Housing Co-Perative Income Tax Officer, Ward-49(4), Society Ltd. Vs Kolkata Premises No.-30 2222, Plot No. Cd-19 Action Area-I Major Arterial Road New Town Kolkata - 700156 [Pan : Aaaba0803F] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Prabhas Roy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 30/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 05/06/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 22/08/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For Assessment Year 2017-18. 2. None Appeared On Behalf Of The Assessee. On The Previous Occasion When The Case Was Fixed For Hearing On 07/02/2024 & 23/01/2024, The Assessee Sought Adjournment. Today, There Is No Appearance. We, Therefore, Decide To Adjudicate The Appeal On The Basis Of Available Record & Hearing The Ld. D/R. 3. The Sole Issue Involved In The Instant Appeal Is The Disallowance Of Depreciation Claimed Of Rs. 33,69,260/-. Facts In Brief Are That The 2

For Appellant: NoneFor Respondent: Shri Prabhas Roy, JCIT, Sr. D/R
Section 143(2)Section 2Section 250Section 36Section 57

Disallowance of depreciation at Rs.33,69,260/- claimed under the 3 I.T.A. No. 1138/Kol/2023 Assessment Year: 2017-18 Aurelia Housing Co-perative Society Ltd. head “income from other sources” is in dispute before us at the end of the assessee. We observe that the assessee is a co-operative society and it provides services to its members who resides

DCIT, CENTRAL CIRCLE 2(2), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD. (KNOWN AS M/S. BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 470/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 May 2025AY 2013-14

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

disallowance of Rs.22,06,775/- being depreciation admissible on machinery purchased from M/s. Accurate Electromech Fabrication Pvt. Ltd. during the AY 2009-10, on the ground that the transactions was non genuine. 4. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming of charging interest u/s 234B

ACIT, CIR-14(1), KOLKATA, KOLKATA vs. M/S. ULTRATECH NATHDWARA CEMENT LTD.(KNOWN AS M/S BINANI CEMENT LTD.), KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 611/KOL/2015[2010-2011]Status: DisposedITAT Kolkata28 May 2025AY 2010-2011

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

disallowance of Rs.22,06,775/- being depreciation admissible on machinery purchased from M/s. Accurate Electromech Fabrication Pvt. Ltd. during the AY 2009-10, on the ground that the transactions was non genuine. 4. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming of charging interest u/s 234B

M/S. ULTRATECH NATHDWARA CEMENT LTD.(FORMERLY KNOWN AS M/S. BINANI CEMENT LTD.,),KOLKATA vs. DCIT, CENTRAL CIRCLE - 2(2), KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 152/KOL/2018[2013-14]Status: DisposedITAT Kolkata28 May 2025AY 2013-14

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

disallowance of Rs.22,06,775/- being depreciation admissible on machinery purchased from M/s. Accurate Electromech Fabrication Pvt. Ltd. during the AY 2009-10, on the ground that the transactions was non genuine. 4. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming of charging interest u/s 234B

BINANI CEMENT LTD.,MUMBAI vs. D.C.I.T., CENTRAL CIRCLE-XXVIII, KOLKATA, KOLKATA

In the result, all the appeals of the Revenue as well as the assessee are dismissed as infructuous

ITA 1726/KOL/2014[2008-2009]Status: DisposedITAT Kolkata28 May 2025AY 2008-2009

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 154Section 234BSection 234CSection 250Section 801ASection 92C

disallowance of Rs.22,06,775/- being depreciation admissible on machinery purchased from M/s. Accurate Electromech Fabrication Pvt. Ltd. during the AY 2009-10, on the ground that the transactions was non genuine. 4. On the facts and circumstances of the case and in law, the learned CIT(A) erred in confirming of charging interest u/s 234B

SREI EQUIPMENT FINANCE LIMITED,KOLKATA vs. PCIT-2, KOLKATA

In the result, the appeal filed by the assessee is allowed

ITA 163/KOL/2021[2015-16]Status: DisposedITAT Kolkata29 Mar 2023AY 2015-16

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 143(3)Section 263

section 263(1) of the Act is attracted. Hence, the assessment order is erroneous and prejudicial to the interest of the revenue on this ground. Here, your kind attention is again invite to page 51 of the paper book. On perusal of the same, it may kindly be note that the assessee was asked to furnish details of provision

GUJARAT COMPOSITE LTD,KOLKATA vs. DCIT, KOLKATA

In the result, appeal of the assessee is allowed

ITA 316/KOL/2023[2007-08]Status: DisposedITAT Kolkata09 Aug 2023AY 2007-08

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2007-08

For Appellant: Shri B. B. Payra, AdvocateFor Respondent: Shri Sailendra Kumar Pandey, Addl. CIT, Sr.DR
Section 147

disallowed the Appellant's claim of Long-Term Capital Loss in the Assessment Year 2004-05 and he had considered the same in the Assessment Year 2007- 08 treating the part of the sales proceeds received as Advance against sale of the land. In the Appeal the action of the A.O. was confirmed. As there was no monetary loss

M/S SREI INFRASTRUCTURE FINANCE LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result appeal of the assessee is allowed

ITA 1004/KOL/2019[2013-14]Status: DisposedITAT Kolkata25 Jan 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Ble

For Appellant: Shri S.K. Tulsiyan, Advocate & Ms. Puja Somani, A/RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 115JSection 142(1)Section 143(2)Section 263

32(l)(iia) of Rs. 4,34,49,784/- on leased windmills engaged in generation of power. 8. That on the facts and in the circumstances of the case and without prejudice to Ground No. 1 to 3 taken here-in-above, the Ld. Pr. CIT was not justified and grossly erred in referring the matter