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29 results for “disallowance”+ Section 32A(6)clear

Sorted by relevance

Mumbai118Delhi86Kolkata29Bangalore28Hyderabad21Indore17Ahmedabad13Pune11SC7Chennai6Guwahati6Chandigarh5Lucknow4Jaipur3Visakhapatnam3Calcutta2Telangana2Cochin2Cuttack1Surat1Karnataka1Jodhpur1

Key Topics

Section 143(3)28Addition to Income19Section 143(1)16Depreciation16Section 143(2)15Section 26314Section 115J14Section 80I13Deduction10Section 11

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

D.C.I.T CIR - 1,KOLATA, KOLKATA vs. M/S PARIJAT VYAPAAR PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 2241/KOL/2013[2008-09]Status: DisposedITAT Kolkata

Showing 1–20 of 29 · Page 1 of 2

9
Section 2508
Disallowance8
19 Feb 2018
AY 2008-09

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 143(3)

6 or goods but also to perform special services like fire fighting.” In the case of CIT Vs. Rakesh Jain (supra), the Hon'ble High Court of Punjab & Haryana has upheld the order of the ITAT that the tippers would be covered by the expression “commercial vehicle” as tippers are registered under the Motor Vehicles Act, 1988. In the case

D.C.I.T CIR - 1,KOLATA, KOLKATA vs. M/S PARIJAT VYAPAAR PVT. LTD., KOLKATA

In the result, Revenue’s appeal is dismissed

ITA 2242/KOL/2013[2009-10]Status: DisposedITAT Kolkata19 Feb 2018AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 143(3)

6 or goods but also to perform special services like fire fighting.” In the case of CIT Vs. Rakesh Jain (supra), the Hon'ble High Court of Punjab & Haryana has upheld the order of the ITAT that the tippers would be covered by the expression “commercial vehicle” as tippers are registered under the Motor Vehicles Act, 1988. In the case

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

M/S. UJJAL TRANSPORT AGENCY,ASANSOL vs. D.C.I.T., CENTRAL CIRCLE-XVI, KOLKATA, KOLKATA

In the result, assessee's CO is partly allowed”

ITA 1601/KOL/2014[2007-2008]Status: DisposedITAT Kolkata14 Jul 2017AY 2007-2008

Bench: Hon’Ble Shri A.T.Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 1601/Kol/2014 Assessment Year : 2007-08 M/S Ujjal Transport Agency, -Vs- Dcit, Central, Circle-Xvi, Kolkata G.T.Road(East), Murgasole Asansol Pan : Aaafu 6732 H] (Respondent) (Appellant) For The Appellant : A. K. Tibrewal, Fca Amit Agarwal, Adv. For The Respondent : None Date Of Hearing : 11.07.2017 Date Of Pronouncement : 14.07.2014 Order

For Appellant: A. K. Tibrewal, FCAFor Respondent: None
Section 143(1)Section 147Section 148Section 153ASection 263Section 32(1)(iia)

disallowed the assessee's claim for investment allowance. HELD the fact that coal is an article which is produced would be evident from the provisions of the Act itself. In the Act provisions have been made for allowance of development rebate or investment allowance, the basic nature of such allowance being the same. In section 33(1) (b)(8), relating

DCIT, CIRCLE-10(1), KOLKATA, KOLKATA vs. M/S INDIAN OIL PETRONAS (P) LTD., KOLKATA

In the result, the appeal of the revenue is dismissed

ITA 1930/KOL/2016[2010-11]Status: DisposedITAT Kolkata15 Mar 2019AY 2010-11

Bench: Shri A.T. Varkey, Jm & Dr.A.L.Saini, Am D.C.I.T, Cir­10(1), Kolkata Vs. M/S. Indian Oil Petronas Pvt. Ltd. Pan: Aaaci5573R (अपीलाथ" /Assessee) (""यथ" / Respondent) .. Assessee/Revenue By : Shri P.K. Srihari, Cit, Ld. Dr Respondent/Assessee By : Shrid. S Damle, Fca, Ld.Ar सुनवाईक"तार"ख/ Date Of Hearing : 18/12/2018 घोषणाक"तार"ख/Date Of Pronouncement : 15/03/2019 आदेश / O R D E R

For Appellant: ShriD. S Damle, FCA, ld.ARFor Respondent: Shri P.K. Srihari, CIT, ld. DR
Section 143(3)Section 194ISection 2Section 37(1)Section 40

6 of the impugned order of the AO where he noted that the assessee had made provision of Rs.46,66,208/­ under the head 'Repairs & Maintenance'. According to AO despite opportunity given, the assessee failed to provide any proof of genuineness as business expenditure. According to AO, the assessee had only replied that provision was nothing but expenditure where payment

DCIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 1019/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

6,25,00,000/- The AO during assessment proceedings found that the assessment order u/s. 143(3) for the AY 2000-01 has been set aside by the CIT, Kolkata-IV by an order u/s 263 dated 21.12.2004 and has directed to complete fresh assessment after making proper investigation. The fresh assessment has not been made so far and hence

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 488/KOL/2006[2002-03]Status: DisposedITAT Kolkata10 Jun 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

6,25,00,000/- The AO during assessment proceedings found that the assessment order u/s. 143(3) for the AY 2000-01 has been set aside by the CIT, Kolkata-IV by an order u/s 263 dated 21.12.2004 and has directed to complete fresh assessment after making proper investigation. The fresh assessment has not been made so far and hence

M/S. ICI INDIA LIMITED,KOLKATA vs. DCIT, CIRCLE - 10, KOLKATA, KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 852/KOL/2007[2003-04]Status: DisposedITAT Kolkata10 Jun 2016AY 2003-04

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

6,25,00,000/- The AO during assessment proceedings found that the assessment order u/s. 143(3) for the AY 2000-01 has been set aside by the CIT, Kolkata-IV by an order u/s 263 dated 21.12.2004 and has directed to complete fresh assessment after making proper investigation. The fresh assessment has not been made so far and hence

ACIT, CIRCLE - 10, KOLKATA, KOLKATA vs. M/S. ICI INDIA LTD., KOLKATA

In the result, Revenue’s appeal is partly allowed

ITA 2613/KOL/2005[2002-03]Status: DisposedITAT Kolkata10 Jun 2016AY 2002-03

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmed

Section 143(3)

6,25,00,000/- The AO during assessment proceedings found that the assessment order u/s. 143(3) for the AY 2000-01 has been set aside by the CIT, Kolkata-IV by an order u/s 263 dated 21.12.2004 and has directed to complete fresh assessment after making proper investigation. The fresh assessment has not been made so far and hence

ACIT, CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. ORISSA MANGANESE & MINERALS LTD., , KOLKATA

In the result, the appeal filed by the Revenue is partly allowed

ITA 2150/KOL/2017[2009-10]Status: DisposedITAT Kolkata20 Dec 2018AY 2009-10

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

32A applies. Further in the case of Integrated Coal Mining Ltd. vs DCIT in [2016] 67 taxmann.com 260, the Honble Kolkata ITAT held as under. "Mining of coal is production of coal and assessee engaged in mining of coal would be entitled to additional depreciation Oil survey instrument acquired during year Section 32 of the Income Tax Act, 1961. Depreciation

ACIT, CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. ORISSA MANGANESE & MINERALS LTD., , KOLKATA

In the result, the appeal filed by the Revenue is partly allowed

ITA 2152/KOL/2017[2012-13]Status: DisposedITAT Kolkata20 Dec 2018AY 2012-13

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

32A applies. Further in the case of Integrated Coal Mining Ltd. vs DCIT in [2016] 67 taxmann.com 260, the Honble Kolkata ITAT held as under. "Mining of coal is production of coal and assessee engaged in mining of coal would be entitled to additional depreciation Oil survey instrument acquired during year Section 32 of the Income Tax Act, 1961. Depreciation

ACIT, CENTRAL CIRCLE - 1(1), KOLKATA, KOLKATA vs. M/S. ORISSA MANGANESE & MINERALS LTD., , KOLKATA

In the result, the appeal filed by the Revenue is partly allowed

ITA 2153/KOL/2017[2013-14]Status: DisposedITAT Kolkata20 Dec 2018AY 2013-14

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

32A applies. Further in the case of Integrated Coal Mining Ltd. vs DCIT in [2016] 67 taxmann.com 260, the Honble Kolkata ITAT held as under. "Mining of coal is production of coal and assessee engaged in mining of coal would be entitled to additional depreciation Oil survey instrument acquired during year Section 32 of the Income Tax Act, 1961. Depreciation

DCIT, CIRCLE-10(1), KOLKATA vs. M/S INDIAN OIL PETRONAS (P) LTD., KOLKATA

In the result, the Cross Objections of the assessee are allowed for statistical purposes

ITA 1885/KOL/2019[2014-15]Status: DisposedITAT Kolkata30 Apr 2021AY 2014-15

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 250Section 32(1)(iiia)Section 80

32A of the Act. It was inter alia observed as under: " ... There is no dispute that the plant in respect of which the assessee claimed deduction was owned by it and WDS installed after 31-3-1976, in the assessee's industrial undertaking for excavating, mining and processing mineral ore Mineral ore is not excluded by the Eleventh Schedule

D.C.I.T.,CIRCLE-10(1), KOLKATA vs. M/S INDIAN OIL PETRONAS PVT. LTD., KOLKATA

In the result, the Cross Objections of the assessee are allowed for statistical purposes

ITA 1884/KOL/2019[2013-14]Status: DisposedITAT Kolkata30 Apr 2021AY 2013-14

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 250Section 32(1)(iiia)Section 80

32A of the Act. It was inter alia observed as under: " ... There is no dispute that the plant in respect of which the assessee claimed deduction was owned by it and WDS installed after 31-3-1976, in the assessee's industrial undertaking for excavating, mining and processing mineral ore Mineral ore is not excluded by the Eleventh Schedule

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

6 of 8 ITA No. 337/Hyd/2023 opinion that the decisions relied upon by the assessee are applicable to the facts of the case and the grounds raised by the assessee are accordingly allowed. 14. In the result, appeal of the assessee is allowed. 18. We have also gone through the decision of the Hon’ble Madras High Court

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

6 of 8 ITA No. 337/Hyd/2023 opinion that the decisions relied upon by the assessee are applicable to the facts of the case and the grounds raised by the assessee are accordingly allowed. 14. In the result, appeal of the assessee is allowed. 18. We have also gone through the decision of the Hon’ble Madras High Court

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

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

SUGOTA INDUSTRIES PRIVATE LIMITED ,KOLKATA vs. I.T.O.,WARD-7(1), KOLKATA

In the result, the appeal of the assessee is allowed

ITA 1459/KOL/2019[2013-14]Status: DisposedITAT Kolkata18 Jun 2020AY 2013-14

Bench: Shri J. Sudhakar Reddy]

Section 143(3)Section 14ASection 250Section 251(1)Section 251(1)(a)

6 I.T.A. No. 1459/Kol/2019 Assessment Year: 2013-14 Sugota Industries Pvt. Ltd. notwithstanding the fact that such matter was not raised before him. A perusal of sections 246 to 251 of the Act makes it clear that any questions arising out of the assessment orders in an appeal by the assessee can be possible and wide powers are given