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189 results for “disallowance”+ Section 391clear

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Key Topics

Section 36(1)(va)161Section 14A91Section 2(24)(x)87Disallowance87Section 43B79Section 13978Addition to Income75Deduction57Section 4032Section 143(3)

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, appeal of the Revenue is dismissed

ITA 585/KOL/2018[2011-12]Status: DisposedITAT Kolkata17 Jun 2020AY 2011-12

Bench: Shri S. S. Godara, Jm & Dr. A.L. Saini, Am Vs. M/S Uco Bank Acit, Ltu-2, Kolkata 10, Btm, Sarani, Kolkata – 700001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacu3561B .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Vijay Shankar, CITFor Respondent: Shri D. S. Damle, FCA
Section 115JSection 143(3)Section 14ASection 211Section 40

Section 14A of the Act. We however find merit in the Ld. AR's submissions that in the said judgment, the Hon'ble Supreme Court also extensively dealt with the Revenue's appeal in the case of State Bank of Patiala arising from the decision of the Hori'ble Punjab & Haryana High Court reported in 391

Showing 1–20 of 189 · Page 1 of 10

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25
Section 25018
Limitation/Time-bar11

ACIT, CIRCLE - 13(2), KOLKATA , KOLKATA vs. M/S. PADMA LOGISTICS & KHANIJ PRIVATE LIMITED , KOLKATA

In the result, the revenue’s appeal is partly allowed for statistical purposes

ITA 606/KOL/2018[2010-11]Status: DisposedITAT Kolkata22 May 2020AY 2010-11

Bench: "ी जे. सुधाकर रे"डी, लेखा सद"य एवं/And "ी ऐ. ट". वक", "यायीक सद"य) [Before Shri J. Sudhakar Reddy, Am & Shri A. T. Varkey, Jm]

Section 142(1)Section 143(2)Section 14ASection 2

disallowance of rent upto Rs.2,16,000/- as against Rs. 11,82,000/- without appreciating the observation of the A.O. 5) That the appellant craves leave to add modify or alter any of the grounds of appeal and/ or adduce additional evidence at the time of hearing of the case.” 2 Padma Logistics & Khanij

ACIT, LTU - 2, KOLKATA , KOLKATA vs. M/S. UCO BANK, KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 584/KOL/2018[2010-11]Status: DisposedITAT Kolkata11 Dec 2019AY 2010-11

Bench: Shri P.M. Jagtap, Vice- & Shri A.T. Varkey

Section 143(3)Section 14ASection 201Section 40

disallowance u/s 14A was warranted since the assessee was a dealer in shares although in its Balance Sheet, shares were disclosed under the head "Investments". We find that the Hon'ble Supreme Court in its recent judgment dated 12.02.2018 in the case of Maxopp Investment Ltd Vs CIT (supra) did not uphold this line of argument and held that even

GRAPHITE INDIA LTD.,KOLKATA vs. PR.CIT-4, KOLKATA

In the result, the appeal of the assessee is treated as partly allowed

ITA 1013/KOL/2019[2014-15]Status: DisposedITAT Kolkata03 Jul 2023AY 2014-15

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

Section 115JSection 143(3)Section 14ASection 263Section 263(1)Section 40A(2)(b)

disallowance under Section 14A of the Act can be made if the assessee had not earned any exempt income), as the revenue has not been accepted the said decision and has preferred an SLP against the said decision. 4. Learned counsel for the petitioner also submits that in view of the amendment made by the Finance Act, 2022 to Section

ITO, WARD-2(2), KOLKATA, KOLKATA vs. M/S. DATEX OHMEDA (INDIA) PVT. LTD., KOLKATA

In the result, the appeal of the Revenue is dismissed

ITA 2038/KOL/2014[2009-2010]Status: DisposedITAT Kolkata20 Jun 2018AY 2009-2010

Bench: Shri P.M. Jagtap & Smt. Madhumita Roy

Section 143(3)Section 2Section 47

391 to 394 of the Companies' Act, 1956 (which has similar requirements to those mentioned in sec. 2(19AA) of the Act). i) The loan of Rs.50,62,98,144/- was an interest free capital infusion by the holding company in the appellant company since it faced huge losses over a number of years resulting in erosion of its capital

DCIT, LTU-2, KOLKATA vs. M/S CENTURY PLYBOARDS (I), LTD, KOLKATA

In the result, the appeal of the revenue is dismissed and cross objections of assessee are allowed

ITA 2149/KOL/2019[2014-15]Status: DisposedITAT Kolkata04 Nov 2020AY 2014-15

Bench: Shri P.M. Jagtap(Kz) &Shri A. T. Varkey, Jm] Assessment Year: 2014-15

Section 10(34)Section 115JSection 14A

section 115JB of the Act. In the said return, dividend income of Rs.4,89,391/- was claimed to be exempt u/s 10(34) of the Act by the assessee. In relation thereto, the assessee disallowed

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

ITA 312/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Oct 2024AY 2017-18

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 194C

Section 14A of the Act. We however find merit in the Ld. AR's submissions that in the said judgment, the Hon'ble Supreme Court also extensively dealt with the Revenue's appeal in the case of State Bank of Patiala arising from the decision of the Hori'ble Punjab & Haryana High Court reported in 391

DCIT, CIRCLE - 11(1), KOLKATA , KOLKATA vs. M/S. DEY'S MEDICAL (U.P.) PVT. LTD., , KOLKATA

In the result, appeal of the Revenue is partly allowed

ITA 1703/KOL/2018[2005-06]Status: DisposedITAT Kolkata29 Nov 2023AY 2005-06

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2005-06

For Appellant: Shri P. P. Barman, Addl. CIT, Sr. DRFor Respondent: Shri J. P. Khaitan, Sr. Advocate & Shri P
Section 143(3)Section 194CSection 40Section 44A

disallowed by applying section 40(a)(ia) for non-deduction of tax at source. Details of the said expenses are tabulated as under: 4.1. The above tabulated sales promotion expenses were paid to two companies under the same group as below: Dey’s Medical Stores P. Ltd. (DMSPL) : Rs.2,46,69,391

DCIT, CEN. CIR. 4(4), KOLKATA vs. M/S G.K. & SONS PVT. LTD., KOLKATA

In the result, appeal of the revenue is dismissed

ITA 240/KOL/2022[2011-12]Status: DisposedITAT Kolkata20 Oct 2022AY 2011-12

Bench: Shri Rajpal Yadav & Shri Girish Agrawalassessment Year: 2011-12 Deputy Commissioner Of M/S. G. K. & Sons Pvt. Ltd., Income-Tax, Central Circle- Room No. 603, 6Th Floor, 4(4), Kolkata. Vs. Shantiniketan Building, 8, Camac Street, Kolkata- 700017. (Pan:Aaacg8389H) (Appellant) (Respondent) Present For: Appellant By : Shri P. P. Barman, Addl. Cit Respondent By : Shri Ravi Tulsiyan, Fca Date Of Hearing : 12.10.2022 Date Of Pronouncement : 20.10.2022

For Appellant: Shri P. P. Barman, Addl. CITFor Respondent: Shri Ravi Tulsiyan, FCA
Section 143(3)Section 72Section 78Section 79

disallow the claim of the assessee. Aggrieved, assessee went in appeal before the Ld. CIT(A). 4. Before the Ld. CIT(A), it was submitted that assessee is a Non- Banking Financial Company (NBFC). In the year under consideration, by virtue of the order of Hon’ble High Court of Calcutta dated 06.10.2010, six companies got merged into the assessee

CAROLINA FOOD AND INDUSTRIES PRIVATE LIMITED ,KOLKATA vs. DCIT, CIRCLE - 10(1) , KOLKATA

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

ITA 2625/KOL/2018[2015-16]Status: DisposedITAT Kolkata09 Sept 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 32

391(2) and 394 of the Companies Act, 1956 which was approved by the the Hon’ble Calcutta High Court vide order dated 09.12.2015 with appointed date as 01.01.2013. Under the said scheme of amalgamation, M/s. Ramuk Scan Investment (P) Limited (amalgamating company) amalgamated with the assessee company (amalgamated company) with effect from 01.01.2013. M/S The assessee filed a note

ELECTROCAST SALES INDIA LTD.,KOLKATA vs. DCIT, CC-XXI, KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 2145/KOL/2014[2011-2012]Status: DisposedITAT Kolkata09 Mar 2018AY 2011-2012

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 2145/Kol/2014 Assessment Year : 2011-12 Electrocast Sales India Ltd. -Vs- Dcit, Cc-Xxi, Kolkata [Pan: Aaace 5671 N] (Appellant) (Respondent)

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri S. Dasgupta, Addl. CIT (DR)
Section 115JSection 143(3)Section 72ASection 79

391(7) of the Companies Act, 1956, then it would be clearly barred by the doctrine of acquiescence and estoppel. In law, acquiescence occurs when a person knowingly stands by without raising any objection to the infringement of his or her rights, while someone else unknowingly and without malice aforethought acs in a manner inconsistent with their rights

MURARILAL MURARKA,KOLKATA vs. I.T.O., WARD-61(3), KOLKATA, KOLKATA

In the result, the appeal of the assessee is partly allowed

ITA 636/KOL/2022[2014-2015]Status: DisposedITAT Kolkata20 May 2025AY 2014-2015

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(2)Section 143(3)Section 250Section 40Section 44A

391/- remained outstanding in the balance sheet as on 31st March, 2014 and was not deposited till the date of hearing before the Ld. AO. Accordingly, the Ld. AO disallowed the claims of the assessee and assessed the total income u/s 143(3) of the Act amounting to Rs. 50,00,667/- including other additions as well. Penalty proceedings

EIH LIMITED.,KOLKATA vs. C.I.T KOL - III,KOLKATA, KOLKATA

In the result, the order passed by the Learned CIT u/s 263 of the Act is set aside and the appeal of the assessee is allowed

ITA 529/KOL/2013[2008-2009]Status: DisposedITAT Kolkata19 Feb 2016AY 2008-2009

Bench: : Shri N.V. Vasudevan & Shri M. Balaganesh

For Appellant: Shri R.N Bajoria, Sr. Advocate &For Respondent: G. Mallikarjun, CIT, ld.DR
Section 143(3)Section 263Section 38Section 38(2)

section 38 of the Act for disallowance of proportionate depreciation on Aircraft in the facts and circumstances of the case. 3.1. The brief facts of this issue is that the assessee filed its return of income for the Asst Year 2008-09 declaring taxable income of Rs. 333,91,11,391

JCT LTD., ,KOLKATA vs. DCIT, CIRCLE - 11(1), , KOLKATA

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

ITA 2389/KOL/2018[2011-12]Status: DisposedITAT Kolkata08 Jul 2020AY 2011-12

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 250Section 32(2)

disallowances in the said order. The AO has assessed total income of the assessee of Rs. 21,37,16,635/- as per Book Profit u/s 115JB raising demand of Rs. 429,970/- in the order u/s 143(3) dated 30.03.2014.” 2 I.T.A. No. 84/Kol/2019 I.T.A. No. 2389/Kol/2018 Assessment Year: 2011-12 JCT Limited. 3. On appeal

DCIT, CIRCLE - 11(1), KOLKATA , KOLKATA vs. M/S. JCT LTD., , KOLKATA

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

ITA 84/KOL/2019[2011-12]Status: DisposedITAT Kolkata08 Jul 2020AY 2011-12

Bench: Shri J. Sudhakar Reddy & Shri S.S. Godara]

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 250Section 32(2)

disallowances in the said order. The AO has assessed total income of the assessee of Rs. 21,37,16,635/- as per Book Profit u/s 115JB raising demand of Rs. 429,970/- in the order u/s 143(3) dated 30.03.2014.” 2 I.T.A. No. 84/Kol/2019 I.T.A. No. 2389/Kol/2018 Assessment Year: 2011-12 JCT Limited. 3. On appeal

MANSAROVAR FERROUS PRIVATE LIMITED ,HOWRAH vs. ITO, WARD - 13(3), KOLKATA , KOLKATA

In the result, appeal of the assessee is dismissed

ITA 957/KOL/2018[2014-15]Status: FixedITAT Kolkata31 Jan 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2014-15

For Appellant: N o n eFor Respondent: Shri Amuldeep Kaur, JCIT
Section 131Section 143(3)Section 250Section 40A(3)Section 68Section 69C

disallowed under section 40A(3) of the Act was out of the aforesaid receipts of Rs.55,17,056. 12. That the learned Commissioner of Income Tax (Appeals)-5, Kolkata erred in confirming the addition of Rs.3,19,67,672, being closing balances of trade creditors, made by the Assessing Officer as unexplained cash credit under section 68 of the Income

ACIT, CIRCLE-4(1), KOLKATA, KOLKATA vs. M/S APEEJAY TEA LTD., KOLKATA

In the result, the appeal of the Revenue is treated partly allowed for statistical purpose

ITA 1736/KOL/2016[2011-12]Status: DisposedITAT Kolkata10 May 2019AY 2011-12

Bench: Shri P.M. Jagtap(Kz) & Shri S.S. Viswanethra Ravi, Jm] I.T.A. No. 1736/Kol/2016 Assessment Year: 2011-12 Acit, Circle – 4(1) Kolkata...................................………………………….............................Appellant P-7, Chowringhee Square, Kolkata – 700 069. M/S. Apeejay Tea Ltd.....................…………………………..................................................Respondent ‘Apeejay House’, Block-A, 15, Park Street, Kolkata – 700 016. [Pan: Aaeca 1925 D] Appearances By: Shri C.J. Singh, Jcit, Sr. Dr Appearing On Behalf Of The Revenue. Shri Manish Tiwari, Fca Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : March 20, 2019 Date Of Pronouncing The Order : May 10, 2019 Order Per P.M. Jagtap(Kz) This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(A) – 16, Kolkata Dated 30.06.2016. 2. In Ground No. 1, The Revenue Has Challenged The Action Of The Ld. Cit(A) In Deleting The Disallowance Of Rs. 31,64,411/- Made By The Ao On Account Of Balance Additional Depreciation.

Section 32Section 40

391 to 394 read with Section 100 of the Companies Act between Apeejay Surrendra Corporate Services Limited (ASCSL), Apeejay Commodities Private Limited (ACPL), now known as Apeejay Surrendra Management Services Pvt. Ltd), Kharjan Tea Estates Private Limited (KTEPL) and their respective sharesholders snctioned by the Hon’ble High Court of Calcutta vide order dated 18th April

STEEL AUTHORITY OF INDIA EMPLOYEES COOPERATIVE CREDIT SOCIETY LTD.,KOLKATA vs. ACIT, CIR.-28, KOLAKTA

In the result, all the appeals of the revenue are dismissed and all the appeals of the assessee are allowed

ITA 428/KOL/2020[2014-15]Status: DisposedITAT Kolkata18 Apr 2022AY 2014-15

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am ]

Section 14A of the Act and Rule 8D cannot be applied in the given facts of the present case. Per contra the Ld. DR submitted that merely because the assessee was a dealer in shares, it could not take a stand that expenditure incurred in connection with earning of tax free income was not disallowable

STEEL AUTHORITY OF INDIA EMPLOYEES CO.-OP. CREDIT SOCIETY LTD.,KOLKATA vs. ACIT, CIR.-28, KOLKATA

In the result, all the appeals of the revenue are dismissed and all the appeals of the assessee are allowed

ITA 425/KOL/2020[2008]Status: DisposedITAT Kolkata18 Apr 2022

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am ]

Section 14A of the Act and Rule 8D cannot be applied in the given facts of the present case. Per contra the Ld. DR submitted that merely because the assessee was a dealer in shares, it could not take a stand that expenditure incurred in connection with earning of tax free income was not disallowable

ACIT, CIR.-29, KOLKATA vs. STEEL AUTHORITY OF INDIA EMP.CO.OP.CR. SOCIETY LTD , KOLKATA

In the result, all the appeals of the revenue are dismissed and all the appeals of the assessee are allowed

ITA 268/KOL/2021[2012-13]Status: DisposedITAT Kolkata18 Apr 2022AY 2012-13

Bench: Shri A. T. Varkey, Jm & Shri Rajesh Kumar, Am ]

Section 14A of the Act and Rule 8D cannot be applied in the given facts of the present case. Per contra the Ld. DR submitted that merely because the assessee was a dealer in shares, it could not take a stand that expenditure incurred in connection with earning of tax free income was not disallowable