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85 results for “depreciation”+ Business Incomeclear

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Key Topics

Section 1163Addition to Income59Section 143(3)58Section 26348Section 2(15)32Disallowance31Section 14730Section 14830Section 12A25Exemption

M/S. APCO INFRATECH PVT. LTD.,,LUCKNOW vs. ACIT-I, LUCKNOW

In the result, appeals vide I

ITA 357/LKW/2020[2017-18]Status: DisposedITAT Lucknow02 Apr 2025AY 2017-18
Section 143(1)Section 143(2)Section 143(3)Section 80I

business\nunits for computing the profit of eligible units under section 801A. In the present\nsubmission, Interest income from BGs Margin for respective project are directly\nallocated to the projects and remaining other income is netted off with HO common\nexpenses. It result the decrease of profit under section 80 IA. Impact is as below.\n\nSr No. Name\nProject/Site

ACIT, RANGE-I, LUCKNOW vs. M/S APCO INFRATECH PVT. LTD.,, LUCKNOW

ITA 453/LKW/2020[2016-17]Status: DisposedITAT Lucknow02 Apr 2025

Showing 1–20 of 85 · Page 1 of 5

25
Section 143(2)21
Depreciation21
AY 2016-17
Section 143(1)Section 143(3)Section 80I

depreciation as per Income Tax Act, 1961, the\neligible profits of the eligible unit were thus reduced by an amount of\nRs.53,19,146/-a\nThe assessee was also required to specify the nature of other income'\ncredited to the P&L account of the eligible units and also to justify the claim u/s\n801A(4) w.r.t. such other income

M/S AYODHYA DEVELOPMENT AUTHORITY (FORMELY AYODHYA FAIZABAD DEVELOPMENT AUTHORITY),LUCKNOW vs. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW, LUCKNOW

In the result all six appeals filed by the assessee are partly allowed

ITA 145/LKW/2021[2018-2019]Status: DisposedITAT Lucknow31 Jan 2025AY 2018-2019
For Appellant: Ms. Shweta Mittal, C.A. & Sh Mradul AgarwalFor Respondent: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram, CIT
Section 11Section 12ASection 2(15)Section 58

Business & Profession. \n9. That the Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in \nwrongly confirming the addition of 31,53,656/- made by applying the provisions of section \n11(6) of Income-tax Act when more than 85% of income was utilized without considering \nthe depreciation

M/S AYODHYA FAIZABAD DEVELOPEMENT AUTHORITY,FAIZABAD vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

ITA 518/LKW/2018[2012-13]Status: DisposedITAT Lucknow31 Jan 2025AY 2012-13
For Appellant: Ms. Shweta Mittal, C.A. & Sh Mradul AgarwalFor Respondent: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram, CIT
Section 11Section 12ASection 2(15)Section 58

Business & Profession. \n9. That the Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in \nwrongly confirming the addition of 31,53,656/- made by applying the provisions of section \n11(6) of Income-tax Act when more than 85% of income was utilized without considering \nthe depreciation

M/S AYODHYA FAIZABAD DEVELOPEMENT AUTHORITY,FAIZABAD vs. DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

ITA 520/LKW/2018[2015-16]Status: DisposedITAT Lucknow31 Jan 2025AY 2015-16
For Appellant: Ms. Shweta Mittal, C.A. & Sh Mradul AgarwalFor Respondent: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram, CIT
Section 11Section 12ASection 2(15)Section 58

Business & Profession.\n9. That the Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in \nwrongly confirming the addition of 31,53,656/- made by applying the provisions of section \n11(6) of Income-tax Act when more than 85% of income was utilized without considering \nthe depreciation

M/S AYODHYA DEVELOPMENT AUTHORITY(FORMERLY AYODHYA FAIZABAD DEVELOPMENT AUTHORITY),AYODHYA vs. THE DY. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW

ITA 143/LKW/2021[2016-2017]Status: DisposedITAT Lucknow31 Jan 2025AY 2016-2017

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudhary

For Appellant: Ms. Shweta Mittal, C.A. & Sh Mradul AgarwalFor Respondent: Sh. Ghiyasuddin CIT(DR) & Sh.Mazahar Akram, CIT
Section 11Section 12ASection 2(15)Section 58

Business & Profession. 9. That the Ld. Commissioner of Income-tax (Appeals) has erred in law and on facts in wrongly confirming the addition of 31,53,656/- made by applying the provisions of section 11(6) of Income-tax Act when more than 85% of income was utilized without considering the depreciation

M/S. APCO INFRATECH PVT. LTD.,LUCKNOW vs. ACIT-1, LUCKNOW

In the result, appeals vide

ITA 356/LKW/2020[2016-17]Status: DisposedITAT Lucknow02 Apr 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143(1)Section 143(2)Section 143(3)Section 80I

business income’. An attempt was made by the learned Senior Counsel for the Revenue to rely on the phrase ‘derived … from’ in Section 80-IA (1) of the Act in respect of his submission that the intention of the legislature was to give the narrowest possible construction to deduction admissible under this sub-section. It is not necessary

ASSTT. COMMISSIONER OF INCOME TAX, CC-1, LUCKNOW, AAYAKAR BHAWAN, ASHOK MARG, LUCKNOW vs. APCO INFRATECH PVT. LTD., VIBHUTI KHAND GOMTI NAGAR LKO

In the result, appeals vide

ITA 623/LKW/2024[2018-19]Status: DisposedITAT Lucknow02 Apr 2025AY 2018-19

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143(1)Section 143(2)Section 143(3)Section 80I

business income’. An attempt was made by the learned Senior Counsel for the Revenue to rely on the phrase ‘derived … from’ in Section 80-IA (1) of the Act in respect of his submission that the intention of the legislature was to give the narrowest possible construction to deduction admissible under this sub-section. It is not necessary

M/S APCO INFRATECH PVT. LTD.,LUCKNOW vs. D/ACIT-1,CENTRAL-1, LUCKNOW

In the result, appeals vide

ITA 17/LKW/2024[2018-19]Status: DisposedITAT Lucknow02 Apr 2025AY 2018-19

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143(1)Section 143(2)Section 143(3)Section 80I

business income’. An attempt was made by the learned Senior Counsel for the Revenue to rely on the phrase ‘derived … from’ in Section 80-IA (1) of the Act in respect of his submission that the intention of the legislature was to give the narrowest possible construction to deduction admissible under this sub-section. It is not necessary

ACIT, RANGE-I, LUCKNOW vs. M/S APCO INFRATECH PVT. LTD., LUCKNOW

ITA 454/LKW/2020[2017-18]Status: DisposedITAT Lucknow02 Apr 2025AY 2017-18
Section 143(1)Section 143(3)Section 80I

depreciation as per Income Tax Act, 1961, the\neligible profits of the eligible unit were thus reduced by an amount of\nRs.53,19,146/-a\nThe assessee was also required to specify the nature of other income'\ncredited to the P&L account of the eligible units and also to justify the claim u/s\n801A(4) w.r.t. such other income

DY. COMMISSIONER OF INCOME TAX, LUCKNOW vs. M/S U.P RAJKIYA NIRMAN NIGAM LTD., LUCKNOW

In the result, appeal filed by assessee in ITA No

ITA 316/LKW/2017[2012-13]Status: DisposedITAT Lucknow12 Feb 2021AY 2012-13

Bench: Shri A.D Jain & Shri T.S. Kapoor

Section 198

depreciation debited in the P&L account was added back. The AO, however, without appreciating the fact again added the same which the ld. CIT(A) has rightly allowed. 6. Arguing Ground No.8, the ld. AR submitted that AO had made the additions of interest accrued on investments and other income accrued but not received which was shown under

UTTAR PRADESH RAJKIYA NIRMAN NIGAM LIMITED,LUCKNOW vs. DY. COMMISSIONER OF INCOME TAX, LUCKNOW

In the result, appeal filed by assessee in ITA No

ITA 319/LKW/2017[2012-13]Status: DisposedITAT Lucknow12 Feb 2021AY 2012-13

Bench: Shri A.D Jain & Shri T.S. Kapoor

Section 198

depreciation debited in the P&L account was added back. The AO, however, without appreciating the fact again added the same which the ld. CIT(A) has rightly allowed. 6. Arguing Ground No.8, the ld. AR submitted that AO had made the additions of interest accrued on investments and other income accrued but not received which was shown under

SUBHASH JAISWAL ASSOCIATES,BAREILLY vs. PCIT BAREILLY, BAREILLY

ITA 100/LKW/2022[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18
Section 143(3)Section 263

Income-tax Act, 1961 Business (Illustrations)\nCertain deductions to be allowed only on actual payment (Illustrations)\n Assessment year 2018-19 Assessing Officer had passed an assessment\norder under section 143(3) by invoking jurisdiction under section 263\nof the Act which was not justified because the assessee had made a\nclaim for leasehold rights in land and building

RAJDHANI NAGAR SAHKARI BANK LTD,LUCKNOW vs. DY.CIT, LUCKNOW

In the result, the appeal of the assessee in ITA

ITA 114/LKW/2024[2017-18]Status: DisposedITAT Lucknow22 May 2025AY 2017-18
For Appellant: \nSh. K.R. Rastogi, C.AFor Respondent: \nSh. Sanjeev Krishna Sharma, Addl. CIT-DR
Section 36(1)(v)Section 43B

business profit that had been considered in the assessment order, was Rs.1,47,07,819/- and not net profit for assessment year, of Rs.1,18,49,615/-, that had been shown in the P&L account. A computation was submitted before us in which it was shown that the depreciation and provision for income

ACIT CIRCLE 3, LUCKNOW vs. RAJDHANI NAGAR SAHKARI BANK LTD, LUCKNOW

In the result, the appeal of the assessee in ITA

ITA 141/LKW/2024[2016-17]Status: DisposedITAT Lucknow22 May 2025AY 2016-17

Bench: Shri Kul Bharat & Before Shri Kul Bharat & Before Shri Kul Bharat & Shri Nikhil Choudharyshri Nikhil Choudharyshri Nikhil Choudharyita Nos. 112 To 114/Lkw/2024 A.Ys. 2015-16 To 2017-18 Rajdhani Nagar Sahkari Rajdhani Nagar Sahkari Vs. Dcit Bank Ltd P.K. Complex, Raja Ram Mohan P.K. Complex, Raja Ram Mohan 555Ga/86, Sardari Khera, 555Ga/86, Sardari Khera, Rai Marg, Lucknow-226001. 226001. Alambagh, Lucknow-226006 226006 Pan:Aaaar1269D (Appellant) (Respondent) (Respondent) A.Y.2016-17 Acit Circle-3 Vs. Rajdhani Nagar Sahkari Bank Rajdhani Nagar Sahkari Bank 57 Ram Tirath Marg Pratyaksh 57 Ram Tirath Marg Pratyaksh Ltd Kar Bhawan, Lucknow Kar Bhawan, Lucknow-226001 555Ga/86, Sardari Khera, 555Ga/86, Sardari Khera, Alambagh, Lucknow-226006 226006 Pan: Aaaar1269D (Appellant) (Respondent) (Respondent) Assessee By: Sh. K.R. Rastogi, C.A. Sh. Shubham Rastogi, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Addl. Cit- Dr Date Of Hearing: 28.04.2025 Date Of Pronouncement: Date Of Pronouncement: 22.05.2025 O R D E R Per Bench.: These Four Appeals Have Been Have Been Filed For The Assessment Years 2015 For The Assessment Years 2015-16, 2016- 17 & 2017-18 By The Assessee & Revenue Ssessee & Revenue Against The Respective Orders Of The Respective Orders Of The Ld. Cit(A)/Nfac, Delhi Dated 02.02.2024, 05.02.2024 & 05.02.2024 Delhi Dated 02.02.2024, 05.02.2024 & 05.02.2024. While The Delhi Dated 02.02.2024, 05.02.2024 & 05.02.2024 Assessee Is In Appeal In Assessment Years 2015 Assessee Is In Appeal In Assessment Years 2015-16, 2016-17 & 2017-18, The Revenue 18, The Revenue

For Appellant: Sh. K.R. Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl
Section 36(1)(v)

business profit that had been considered in the assessment order, was Rs.1,47,07,819/- and not net profit for assessment year, of Rs.1,18,49,615/-, that had been shown in the P&L account. A computation was submitted before us in which it was shown that the depreciation and provision for income

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-APPEAL, NFAC DELHI

In the result, appeals of the assessee are allowed for statistical purposes

ITA 232/LKW/2023[2017-18]Status: DisposedITAT Lucknow21 May 2025AY 2017-18

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: Shri A.P. Sinha, AdvFor Respondent: Shri Puneet Kumar, CIT(DR)
Section 2(15)Section 3

business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation claimed by the assessee amounting to Rs.43,28,224/-. Thus, the Assessing Officer computed the income

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-A, NFAC DELHI

In the result, appeals of the assessee are allowed for statistical purposes

ITA 234/LKW/2023[2015-16]Status: DisposedITAT Lucknow21 May 2025AY 2015-16

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: Shri A.P. Sinha, AdvFor Respondent: Shri Puneet Kumar, CIT(DR)
Section 2(15)Section 3

business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation claimed by the assessee amounting to Rs.43,28,224/-. Thus, the Assessing Officer computed the income

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-A, NFAC DELHI

In the result, appeals of the assessee are allowed for statistical purposes

ITA 235/LKW/2023[2016-17]Status: DisposedITAT Lucknow21 May 2025AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: Shri A.P. Sinha, AdvFor Respondent: Shri Puneet Kumar, CIT(DR)
Section 2(15)Section 3

business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation claimed by the assessee amounting to Rs.43,28,224/-. Thus, the Assessing Officer computed the income

RAEBARELI DEVELOPMENT AUTHORITY,RAEBARELI vs. CIT-A, NFAC DELHI

In the result, appeals of the assessee are allowed for statistical purposes

ITA 233/LKW/2023[2012-13]Status: DisposedITAT Lucknow21 May 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: Shri A.P. Sinha, AdvFor Respondent: Shri Puneet Kumar, CIT(DR)
Section 2(15)Section 3

business profit at Rs.3,32,79,731/-. Further, the Assessing Authority disallowed the depreciation claimed by the assessee amounting to Rs.43,28,224/-. Thus, the Assessing Officer computed the income

AJAY ARORA,KANPUR vs. ADDL. CIT, KANPUR

In the result, the assessee’s appeal is allowed

ITA 90/LKW/2017[2011-12]Status: DisposedITAT Lucknow25 Nov 2021AY 2011-12

Bench: Shri Sanjay Arora

Section 143(3)Section 40Section 9(1)(vii)

business income accordingly. I decide accordingly. 5. The appeal, vide Gd. 6, agitates the disallowances for minor sums qua telephone&conveyance expenses and depreciation