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36 results for “depreciation”+ Section 58clear

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Key Topics

Section 1149Section 143(3)37Section 26332Addition to Income21Section 2(15)20Section 12A20Section 14817Section 1516Exemption15Survey u/s 133A

JCIT(OSD), CC-1, LKO, LUCKNOW vs. ACP TOLLWAYS PRIVATE LIMITED, LUCKNOW

In the result, the appeal filed by Revenue is dismissed and the Cross\nObjection filed by the assessee is partly allowed

ITA 131/LKW/2024[2021-22]Status: DisposedITAT Lucknow17 Oct 2025AY 2021-22
Section 143(2)Section 32

Depreciation\non Capital Investment on Toll Road as intangible assets for acquiring\nright/licence to collect the toll as claimed by the assessee either before\nAO or as alternative claim before appellate authorities.\nC. Further, following are the cases where deprecation on toll road where\nclaimed on building or/and plant and machinery which is allowed by\nmany Hon'ble Courts discussed

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 Lucknow

Showing 1–20 of 36 · Page 1 of 2

11
Section 6810
Disallowance8
31 Jan 2025
AY 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

depreciation claimed of Rs.31,53,656/- as per the provisions of section 11(6). The \nissues of rental income and violation of section 13(3) were also raised in the assessment for the \n assessment year 2017-18. \n15. Aggrieved by the rejection of its claim for exemption in all these assessment orders, the \nassessee went in appeal

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

depreciation claimed of Rs.31,53,656/- as per the provisions of section 11(6). The \nissues of rental income and violation of section 13(3) were also raised in the assessment for the \n assessment year 2017-18. \n15. Aggrieved by the rejection of its claim for exemption in all these assessment orders, the \nassessee went in appeal

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

depreciation claimed of Rs.31,53,656/- as per the provisions of section 11(6). The \nissues of rental income and violation of section 13(3) were also raised in the assessment for the \n assessment year 2017-18.\n15. Aggrieved by the rejection of its claim for exemption in all these assessment orders, the \nassessee went in appeal

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

depreciation claimed of Rs. 31,53,656/- as per the provisions of section 11(6). The issues of rental income and violation of section 13(3) were also raised in the assessment for the assessment year 2017-18. 15. Aggrieved by the rejection of its claim for exemption in all these assessment orders, the assessee went in appeal

M/S U.P HINDI SANSTHAN,LUCKNOW vs. COMMISSIONER OF INCOME TAX -(EXEMPTION), LUCKNOW

In the result, both appeals are partly allowed for statistical purposes

ITA 727/LKW/2019[2016-17]Status: DisposedITAT Lucknow20 Nov 2024AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 M/S. U.P. Hindi Sansthan. Commissioner Of Income V. 6, Hindi Sansthan, Mg Road, Tax (Exemptions) Hazratganj, Lucknow-226001. T.C. 46V, 5Th Floor, Upsidc Ltd, Vibhuti Khand, Gomti Nagar, Lucknow-226010. Pan:Aaaau1297Q (Appellant) (Respondent) Assessment Year: 2016-17 Dy. Commissioner Of Income V. M/S. U.P. Hindi Sansthan. Tax (Exemptions) 6, Hindi Sansthan, Mg T.C. 46V, 5Th Floor, Upsidc Ltd, Road, Hazratganj, Lucknow- Vibhuti Khand, Gomti Nagar, 226001. Lucknow-226010. Pan:Aaaju0103A (Appellant) (Respondent) Appellant By: Shri Hariom Rastogi, C.A. Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 12 11 2024 Date Of Pronouncement: 20 11 2024 O R D E R

For Appellant: Shri Hariom Rastogi, C.AFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 11Section 11(2)Section 12ASection 254(3)

depreciation of Rs. 10,58,281/- in its application of income. This is inadmissible as per provision of section 11(6) of I.T. Act 1961. Therefore

DEPUTY COMMISSIONER OF INCOME TAX -(EXEMPTION), LUCKNOW vs. M/S U.P HINDI SANSTHAN, LUCKNOW

In the result, both appeals are partly allowed for statistical purposes

ITA 198/LKW/2019[2016-17]Status: DisposedITAT Lucknow20 Nov 2024AY 2016-17

Bench: Shri Kul Bharat & Shri Anadee Nath Misshraassessment Year: 2016-17 M/S. U.P. Hindi Sansthan. Commissioner Of Income V. 6, Hindi Sansthan, Mg Road, Tax (Exemptions) Hazratganj, Lucknow-226001. T.C. 46V, 5Th Floor, Upsidc Ltd, Vibhuti Khand, Gomti Nagar, Lucknow-226010. Pan:Aaaau1297Q (Appellant) (Respondent) Assessment Year: 2016-17 Dy. Commissioner Of Income V. M/S. U.P. Hindi Sansthan. Tax (Exemptions) 6, Hindi Sansthan, Mg T.C. 46V, 5Th Floor, Upsidc Ltd, Road, Hazratganj, Lucknow- Vibhuti Khand, Gomti Nagar, 226001. Lucknow-226010. Pan:Aaaju0103A (Appellant) (Respondent) Appellant By: Shri Hariom Rastogi, C.A. Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) Date Of Hearing: 12 11 2024 Date Of Pronouncement: 20 11 2024 O R D E R

For Appellant: Shri Hariom Rastogi, C.AFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 11Section 11(2)Section 12ASection 254(3)

depreciation of Rs. 10,58,281/- in its application of income. This is inadmissible as per provision of section 11(6) of I.T. Act 1961. Therefore

DY. COMMISSIONER OF INCOME TAX-6, KANPUR vs. M/S NARAIN INSTITUTE OF MANAGEMENT STUDIES PVT. LTD., KANPUR

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

ITA 518/LKW/2017[2009-10]Status: DisposedITAT Lucknow09 Jul 2025AY 2009-10

Bench: SH. KUL BHARAT, VICE PRESIDENT AND SH. NIKHIL CHOUDHARY (Accountant Member)

For Appellant: Sh. B.P. Yadav, AdvocateFor Respondent: Sh. Sanjeev Krishna Sharma, Addl CIT DR
Section 143(3)Section 148Section 250Section 263Section 271(1)(c)Section 68Section 69

58,040/- from other income. The ld. AR also drew our attention to the assets existing with the company, as per the depreciation chart submitted on page no.53 of his paper book. On the basis of these, the ld. AR sought to argue that the figure of Rs.3,34,87,504.95/- simply had no basis in the accounts

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

58,27,640/-; 'form fees' amounting Rs.3,90,54,400/- which have not\nbeen examined by the AO with regard to genuineness of the expenses\nclaimed nor whether the same were allowable as per provisions of the Act.\nThe Assessing officer has passed the assessment order on 15.12.2019 u/s\n143 of the Act without enquiries on the above issues

GURU KRIPA ASSOCIATES,BAREILLY vs. PR. CIT, , BAREILLY

In the result, the appeal of the assessee stands dismissed

ITA 97/LKW/2022[2017-18]Status: DisposedITAT Lucknow14 Aug 2025AY 2017-18
Section 143(3)Section 263

58,00,464/- to justify the huge deposits made in the bank during demonetization period. The cash in hand as on 8th Nov 2015 (corresponding date in the previous year) was merely Rs.2,03,596/-\nThus increase of more than 125 times was shown in the cash in hand, which was accepted by AO.\n(g) The AO failed

DEPUTY COMMISSIONER OF INCOME TAX-6, LUCKNOW vs. M/S. U.P. STATE CONSTRUCTION & INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED, LUCKNOW

ITA 617/LKW/2019[2014-15]Status: DisposedITAT Lucknow28 Nov 2025AY 2014-15

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 143Section 143(3)Section 251Section 263

depreciation as shown in the audit report. The contention that the AO should have made enquiry/verification on these items while passing the impugned order raises the question as to how these finding was arrived and basis for issuing notice u/s 263. However, in the impugned order, the Ld. PCIT has neither discussed nor rebutted the appellant's reply

ACIT, CIRCLE-1, BAREILLY vs. SHRI SACHIT KUMAR AGARWAL, BAREILLY

In the result, the impugned order of learned CIT(A) is sustained, and\nthe appeal is dismissed

ITA 396/LKW/2020[2017-18]Status: DisposedITAT Lucknow02 Jan 2025AY 2017-18
Section 143(3)Section 145Section 145(2)Section 68

58,28,650.00 | 11,17,90,376.00\n| Gross |\n| Profit in Rs. |\n| 5,96,935.00 | 2,50,646.00 | 3,88,531.00 | 28,55,620.00\n| G.P. Rate |\n| in % |\n| 0.24% | 2.36% | 0.31% | 2.55%\nFrom the above table it is clear that the sales of the year under\nconsideration have decreased from earlier year and the G.P. rate

U.P SAMAJ KALYAN NIRMAN NIGAM LIMITED (NOW KNOWN AS U.P STATE CONSTRUCTION AND INFRASTRUCTURE DEVELOPMENT CORPORATION LTD.),LUCKNOW vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, LUCKNOW

ITA 67/LKW/2016[2011-12]Status: DisposedITAT Lucknow28 Nov 2025AY 2011-12
Section 143(3)Section 2Section 263

depreciation as shown in\nthe audit report. The contention that the AO should have made\nenquiry/verification on these items while passing the impugned order raises the\nquestion as to how these finding was arrived and basis for issuing notice u/s\n263.\nHowever, in the impugned order, the Ld. PCIT has neither discussed nor\nrebutted the appellant's reply

ALLIANCE NIRMAAN LIMITED,BAREILLY vs. PCIT, BAREILLY

In the result, the appeal of the assessee is allowed

ITA 119/LKW/2022[2017-18]Status: DisposedITAT Lucknow12 Jun 2025AY 2017-18
Section 143(3)Section 263

depreciation claim and income from real estate business during the\nyear. On this point, categorical explanation was called from the\nassessee and the same has been submitted by him, which has been\nplaced on record.”\n3.\nVide impugned order dated 23.03.2022 of the PCIT, the assessment\norder dated 14/12/2019 was set aside to be framed denovo

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BAREILLY, BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 619/LKW/2024[2015-16]Status: DisposedITAT Lucknow07 Aug 2025AY 2015-16

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

Section 153A of the Act i.e. of 16 August 2018 all those persons who originally gave statement were mostly retracted. Subsequently, during the course of assessment proceedings, these persons were cross-examined, who confirmed the retraction of the statement. Therefore, now these statements do not have any evidentiary value. 032. Even otherwise, in none of the statement recorded

ASSISTANT COMMISSIONER OF INCOME TAX (CENTRAL CIRCLE), BAREILLY vs. VARUNARJUN TRUST, LUCKNOW

In the result, both the appeals are dismissed

ITA 620/LKW/2024[2016-17]Status: DisposedITAT Lucknow07 Aug 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 12ASection 133(6)Section 142(1)Section 148Section 153C

Section 153A of the Act i.e. of 16 August 2018 all those persons who originally gave statement were mostly retracted. Subsequently, during the course of assessment proceedings, these persons were cross-examined, who confirmed the retraction of the statement. Therefore, now these statements do not have any evidentiary value. 032. Even otherwise, in none of the statement recorded

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 349/LKW/2025[2016-17]Status: DisposedITAT Lucknow11 Dec 2025AY 2016-17

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

58,87,444 6.50 11% 7% Erstwhile Scrutiny u/s 143(3) dt. 23.04.2021 by NeFAC and adhoc addition of Rs. 25,00,000/- and 43B disallowances of Rs. 2,57,43,209/-, Ld. CIT(A) allowed the appeal against original order

RAKESH KUMAR PANDEY,GONDA vs. DCIT/ACIT (CENTRAL)-2, LUCKNOW

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 351/LKW/2025[2018-19]Status: DisposedITAT Lucknow11 Dec 2025AY 2018-19

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

58,87,444 6.50 11% 7% Erstwhile Scrutiny u/s 143(3) dt. 23.04.2021 by NeFAC and adhoc addition of Rs. 25,00,000/- and 43B disallowances of Rs. 2,57,43,209/-, Ld. CIT(A) allowed the appeal against original order

ACIT, CENTRAL CIRCLE-II, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA U.P.

In the result, the outcome of the appeals and Cross Objections are as under:

ITA 460/LKW/2025[2017-18]Status: DisposedITAT Lucknow11 Dec 2025AY 2017-18

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 253(3)

58,87,444 6.50 11% 7% Erstwhile Scrutiny u/s 143(3) dt. 23.04.2021 by NeFAC and adhoc addition of Rs. 25,00,000/- and 43B disallowances of Rs. 2,57,43,209/-, Ld. CIT(A) allowed the appeal against original order

ASTT. COMMISSIONER OF INCOME TAX (EXEMPTION), LUCKNOW vs. M/S U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result, all the grounds taken in the appeals and ground 1 of additional grounds of the Revenue stand dismissed and additional ground

ITA 631/LKW/2016[2010-11]Status: DisposedITAT Lucknow08 Jun 2022AY 2010-11

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

Section 11Section 12ASection 143(3)Section 15Section 2(15)

section 12AA of the Act, which would be very much indifference to the intention of the legislature. In fact, the assessee authority is working on commercial pattern like a big Page 47 of 242 (UP AWAS EVAM VIKAS PARISHAD) businessman. Even otherwise, if some plots are reserved for economically weaker sections of the society, firstly, there is no parameter that