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9 results for “disallowance”+ Section 32Aclear

Sorted by relevance

Mumbai80Delhi33Hyderabad10Kolkata9SC8Indore7Chennai6Bangalore5Ahmedabad4Jodhpur1Lucknow1Jaipur1Pune1Rajkot1Chandigarh1

Key Topics

Section 143(1)14Section 80I13Section 143(3)13Section 119Section 2637Addition to Income6Section 2505Section 12A5Exemption5Section 139(4)

DCIT, CIR. 4(1), KOLKATA vs. M/S AMALGAMATED PLANTATIONS PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 451/KOL/2021[2012-13]Status: DisposedITAT Kolkata11 Feb 2025AY 2012-13

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm M/S Amalgamated Plantations Pvt. Ltd. Dcit, Circle 4(1) Unit No.302A, 3Rd Floor, Elgin 8Th Floor, P-7, Chowringhee Square, Aaykarbhavan, Kolkata Chambers, Ashutosh Vs. West Bengal-700069 Mukherjee Road, 1A, Kolkata-700020, West Bengal (Appellant) (Respondent) Pan No. Aagca6995B Assessee By : Shri Pratushjhunjhunwala, Ar Revenue By : Shri Amuldeep Kaur, Dr Date Of Hearing: 19.12.2024 Date Of Pronouncement : 11.02.2025

For Appellant: Shri PratushJhunjhunwala, ARFor Respondent: Shri Amuldeep Kaur, DR
Section 143(3)Section 2Section 80I

disallowance of ₹5,82,61,479/- claimed by the appellant u/s 80IE of the Act.” 06. The ld. AR submitted that Section 80-IE was enacted to encourage industrialization of the North Eastern States including Assam by providing for a ten-year tax holiday. It applies to a new undertaking which begins manufacture or production of any eligible article

4
Double Taxation/DTAA2
TDS2

NEETU AGARWAL,KOLKATA vs. INCOME TAX OFFICER, KOLKATA

The appeal of the assessee is allowed

ITA 1898/KOL/2024[2021-22]Status: DisposedITAT Kolkata18 Nov 2024AY 2021-22

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1898/Kol/2024 Assessment Year: 2021-22 Neetu Agarwal………………………………………………………….…..……Appellant Flat 6C, Block 2, Shree Ramnagar Residential Complex, Vip Road, Tegharia, W.B – 700052. [Pan: Actpa2426P] Vs. Ito, Kolkata……………..............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Puja Agarwal, A.R, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 30, 2024 Date Of Pronouncing The Order : November 18, 2024 Order Per Sonjoy Sarma: The Present Appeal Is Filed By The Assessee Against The Order Dated 11.07.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee Is A Resident Individual, Who Filed Her Return Of Income On 29.12.2021 For The Financial Year 2020-21 Relevant To Assessment Year 2021-22 Reporting A Total Income Of Rs.25,58,440/-. The Assessee Discharged Her Tax Liability By Way Of Tax Deducted At Source Amounting To Rs.2,80,028/-, Self-Assessment Tax Of Rs.22,740/- & Foreign Tax Credit (‘Ftc’) Of Rs.2,25,936/-. The Assessee Also Filed Form.67 Which Was Filed On 25.01.2022. An Intimation U/S 143(1) Of The Act Was Issued On 28.10.2022 In Which The Ftc Was Not Provided To The Assessee. This Disallowance Resulted In Tax Demand Of Rs.2,79,130/-.

Section 139(1)Section 143(1)Section 154Section 250Section 90

disallowing of FTC claim made by the petitioner and hence, the first respondent is directed to consider only on the aspect of rejection of FTC claim within a period of 8 weeks from the date of receipt of copy of this order.” 19. Respectfully following the order of the Hon’ble Madras High Court in the case of Duraiswamy Kumaraswamy

NEETU AGARWAL,KOLKATA vs. INCOME TAX OFFICER - WARD 7(1), KOLKATA

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

ITA 67/KOL/2024[2020-21]Status: DisposedITAT Kolkata13 Sept 2024AY 2020-21

Bench: Shri Sanjay Garg & Shri Rakesh Mishraassessment Year: 2020-21

For Appellant: Puja Agarwal, C.AFor Respondent: Abhishek Kumar, JCIT, Sr. DR
Section 143(1)Section 154Section 234BSection 250Section 90

disallowing of FTC claim made by the petitioner and hence, the first 10 Neetu Agarwal AY: 2020-21 respondent is directed to consider only on the aspect of rejection of FTC claim within a period of 8 weeks from the date of receipt of copy of this order.” 19. Respectfully following the order of the Hon’ble Madras High Court

ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

In the result, both the appeals of the revenue are dismissed as infructuous

ITA 2251/KOL/2019[2010-11]Status: DisposedITAT Kolkata21 Jun 2023AY 2010-11

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2010-11 & Assessment Year: 2011-12 Assistant Commissioner Of Mcnally Sayaji Engineering Income Tax, Circle-1(1), Limited Kolkata. Vs. 2/7, Sarat Bose Road, Vasundhara Apartment, 2Nd Floor, West Bengal-700020. (Pan: Aaccs 5491 A) (Appellant) (Respondent)

For Appellant: Shri Abhijit Kundu, CIT, DRFor Respondent: Shri Sushil Kumar Pransukhka, FCA
Section 115JSection 143(3)Section 36(1)(vs)

section 32A of the IBC and submitted that it relates to offences committed prior to the commencement of corporate insolvency resolution process (CIRP) which is not a case in the present appeals. 6.1. On the merits of the case, Ld. CIT, DR fairly conceded that case of the assessee is squarely covered by the decision of Hon’ble jurisdictional High

ACIT, CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. MCNALLY SAYAJI ENGINEERING LIMITED, KOLKATA

In the result, both the appeals of the revenue are dismissed as infructuous

ITA 2416/KOL/2019[2011-12]Status: DisposedITAT Kolkata21 Jun 2023AY 2011-12

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2010-11 & Assessment Year: 2011-12 Assistant Commissioner Of Mcnally Sayaji Engineering Income Tax, Circle-1(1), Limited Kolkata. Vs. 2/7, Sarat Bose Road, Vasundhara Apartment, 2Nd Floor, West Bengal-700020. (Pan: Aaccs 5491 A) (Appellant) (Respondent)

For Appellant: Shri Abhijit Kundu, CIT, DRFor Respondent: Shri Sushil Kumar Pransukhka, FCA
Section 115JSection 143(3)Section 36(1)(vs)

section 32A of the IBC and submitted that it relates to offences committed prior to the commencement of corporate insolvency resolution process (CIRP) which is not a case in the present appeals. 6.1. On the merits of the case, Ld. CIT, DR fairly conceded that case of the assessee is squarely covered by the decision of Hon’ble jurisdictional High

M/S. KALYAN EDUCATIONAL SOCIETY,BUDBUD, BURDWAN (EAST) vs. A.C.I.T., CIRCLE - 2, DURGAPUR, DURGAPUR

In the result, the appeal of the assessee is allowed

ITA 106/KOL/2023[2020-2021]Status: DisposedITAT Kolkata23 May 2023AY 2020-2021

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No. 106/Kol/2023 Assessment Year: 2020-2021 M/S. Kalyan Educational Society,..............Appellant Budbud Bye Pass (North), Distg. Bardhaman-713403 [Pan: Aabtk2860K] -Vs.- Assistant Commissioner Of Income Tax,....Respondent Circle-2, Durgapur, Aayakar Bhawan, Durgapur, West Bengal Appearances By: Shri S.K. Tulsiyan, Advocate, Smt. Puja Somani, C.A., Appeared On Behalf Of The Assessee Shri Subhrajyoti Bhattacharjee, Cit (Dr), Appeared On Behalf Of The Revenue

Section 11Section 11(1)(a)Section 12ASection 139(4)Section 143(1)Section 250

32A, Chittaranjan Avenue, Kolkata-700012 and most of the original office records, files, documents and computer hard disks were burnt in the fire. Besides due to outbreak of the pandemic COVID-19 virus and severe disruption in the normal working conditions, it became very difficult for the assessee-society to consolidate the receipts and payments of these educational institutions, which

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL RESEARCH & DEVELOPMENT ,KOLKATA vs. ITO, WARD 1(2), EXEMPT., KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1303/KOL/2023[AY 2020-21]Status: DisposedITAT Kolkata02 Feb 2024

Bench: Shri Sonjoy Sarma & Shri Girish Agrawal]

Section 10BSection 11Section 11(1)(a)Section 12ASection 139(4)Section 143(1)Section 250

section 11 of the Act by the assessee-Trust has been rejected resulting into disallowance of capital 10 AY: 2020-21 Onkar Society For Engineering & Technological Research & Development expenditure of Rs.1,85,37,546/-, revenue expenditure of Rs.4,68,18,969/- and also statutory exemption of Rs. 91,79,434/- exemption of 15% of total receipts

A T AND S INDIA PRIVATE LIMITED,NANJANGUD,MYSORE vs. PRINCIPAL COMMISSIONER OF INCOME TAX,KOLKATA-2, KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1220/KOL/2024[2018-2019]Status: DisposedITAT Kolkata21 Jan 2025AY 2018-2019

Bench: Shri Rajesh Kumar, Am & Shri Pradip Kumar Choubey, Jm Pcit, Kolkata-2 A T & S India Private Limited Aaykar Bhavan, P-7, 12A, Industrial Area Nanjangud Chowringhee Square, Vs. H.O, Mysore-571301, Karnataka Kolkata-700069, West Bengal (Appellant) (Respondent) Pan No. Aaeca2930J Assessee By : Shri Anup Sinha, Ar Revenue By : Shri Abhijit Kundu, Dr Date Of Hearing: 09.12.2024 Date Of Pronouncement : 21.01.2025

For Appellant: Shri Anup Sinha, ARFor Respondent: Shri Abhijit Kundu, DR
Section 143(3)Section 144CSection 263

disallowed by the Revenue. The ld. AR also referred to the decisions of Hon'ble Apex Court in the case of Rotork Controls India Pvt. Ltd. Vs. CIT (2009) 180 Taxman 422 (SC), wherein the Hon'ble Apex Court has held that warranty provisions are allowed where the same were based upon technical evaluation. The ld. AR submitted in present

ONKAR SOCIETY FOR ENGINEERING & TECHNOLOGICAL ,KOLKATA vs. ACIT, CIR. 2, DURGAPUR

In the result, the appeal of the assessee is allowed

ITA 815/KOL/2024[2018-19]Status: DisposedITAT Kolkata26 Aug 2024AY 2018-19

Bench: Shri Sanjay Gargshri Rakesh Mishra

Section 11Section 12ASection 12A(1)(ba)Section 139Section 139(1)Section 139(4)Section 143(3)Section 263

32A Trust House, 7th Floor, C R Avenue Kolkata - 700012 [PAN: AAATO2116M] ….......................…...……………....Appellant vs. Assistant Commissioner of Income Tax, Circle – 2, Durgapur Aayakar Bhawan, Durgapur ..........................…..…..... Respondent Appearances by: Assessee represented by : Shri S.K. Tulsiyan, Advocate Ms. Puja Somani, CA Department represented by : Shri Rakesh Kumar Das Date of concluding the hearing : July 10, 2024 Date of pronouncing the order : August