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80 results for “disallowance”+ Section 32clear

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Key Topics

Section 1166Addition to Income66Section 143(3)43Section 14A42Disallowance36Section 12A33Exemption25Section 153A24Section 2(15)23Section 68

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

section 32 of the I. T. Act, which deals\nwith depreciation. In any case, deemed ownership and acquisition coupled\nwith physical possession meets the requirement of physical ownership.\nTherefore, the stand taken by the Assessing Officer in disallowing

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

ITA 453/LKW/2020[2016-17]Status: DisposedITAT Lucknow02 Apr 2025AY 2016-17
Section 143(1)Section 143(3)

Showing 1–20 of 80 · Page 1 of 4

23
Section 143(2)22
Deduction20
Section 80I

section 14A of the Act, amounting to\nRs.2,56,56,447/-. The Assessing Officer disallowed the aforesaid amount\nholding that this amount represented interest expenses in relation to making\ninvestments, income from which would not be includable in the assessee's\nhand. In the impugned appellate order, the learned CIT(A) deleted the\naforesaid addition after considering the assessee

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

section 14A of the Act, amounting to\nRs.2,56,56,447/-. The Assessing Officer disallowed the aforesaid amount\nholding that this amount represented interest expenses in relation to making\ninvestments, income from which would not be includable in the assessee's\nhand. In the impugned appellate order, the learned CIT(A) deleted the\naforesaid addition after considering the assessee

DCIT, LUCKNOW vs. M/S U.P. STATE SUGAR CORPORATION LTD., LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

ITA 587/LKW/2019[2012-13]Status: DisposedITAT Lucknow16 May 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 14A

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

U.P. STATE SUGAR CORPORATION LTD.,LUCKNOW vs. DCIT, RANGE-VI, LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

ITA 227/LKW/2020[2011-12]Status: DisposedITAT Lucknow16 May 2025AY 2011-12

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 14A

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

DCIT, RANGE-6, LUCKNOW vs. M/S. U.P. STATE SUGAR CORPORATION LTD.,, LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

ITA 229/LKW/2020[2011-12]Status: DisposedITAT Lucknow16 May 2025AY 2011-12

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 14A

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

DCIT, LUCKNOW vs. M/S U.P. STATE SUGAR CORPORATION LTD., LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

ITA 485/LKW/2019[2013-14]Status: DisposedITAT Lucknow16 May 2025AY 2013-14

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 14A

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

DCIT, LUCKNOW vs. M/S U.P. STATE SUGAR CORPORATION LTD., LUCKNOW

In the result, the appeals of the Revenue are dismissed and the appeal of the assessee is partly allowed for statistical purposes

ITA 588/LKW/2019[2014-15]Status: DisposedITAT Lucknow16 May 2025AY 2014-15

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 14A

disallowance u/s 14A of the Act can be made in the absence of any exempt income for the assessment years relevant to the appeal as the assessee’s case is not hit by aforesaid Explanation to section 14A of the Act. Therefore, Revenue’s appeal in I.T.A. No.229/Lkw/2020 for assessment year 2011-12 is dismissed. (E) As regards Revenue

M/S MODEL TANNERS (INDIA) PVT. LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX, KANPUR

In the result, ITA No. 374/LKW/2017 is partly allowed while ITA No

ITA 374/LKW/2017[2005-06]Status: DisposedITAT Lucknow30 Jan 2026AY 2005-06
For Appellant: Sh. Ashish Jaiswal, AdvFor Respondent: Sh. Puneet Kumar, CIT DR
Section 153ASection 153CSection 153DSection 801BSection 80I

disallowance of expenses claimed under section 80IB. Following the order of the Hon’ble High Court, there was no reason for the AO to frame a fresh assessment under section 143(3) because his M/s Model Tanners (India) Pvt. Ltd. A.Ys. 2005-06 & 2009-10 area of jurisdiction would not be restricted to only the incriminating materials found during

M/S MODEL TANNERS (INDIA) PVT. LTD.,KANPUR vs. ASTT. COMMISSIONER OF INCOME TAX, KANPUR

In the result, ITA No. 374/LKW/2017 is partly allowed while ITA No

ITA 375/LKW/2017[2009-10]Status: DisposedITAT Lucknow30 Jan 2026AY 2009-10
For Appellant: Sh. Ashish Jaiswal, AdvFor Respondent: Sh. Puneet Kumar, CIT DR
Section 153ASection 153CSection 153DSection 801BSection 80I

disallowance of expenses claimed under section 80IB. Following the order of the Hon’ble High Court, there was no reason for the AO to frame a fresh assessment under section 143(3) because his M/s Model Tanners (India) Pvt. Ltd. A.Ys. 2005-06 & 2009-10 area of jurisdiction would not be restricted to only the incriminating materials found during

M/S SHIVANSH INFRAESTATE PVT.LTD.,LUCKNOW vs. DY. CIT RANGE-6, LUCKNOW

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

ITA 106/LKW/2024[2015-16]Status: DisposedITAT Lucknow13 Feb 2026AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 M/S Shivansh Infraestate Pvt. Ltd., Vs. The Deputy Commissioner Of 3Rd Floor, Block-A, Surajdeep Income Tax, Range-6, 3Rd Floor, Complex, 1-Jopling Road, 27/2, Raja Ram Mohan Rai Marg, Lucknow-226001 P.K. Complex, Lucknow Pan: Aaqcs5896P (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. Revenue By: Sh. Neeraj Kumar, Cit Dr Date Of Hearing: 20.11.2025 Date Of Pronouncement: 13.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961 On 18.01.2024 Wherein The Ld. Cit(A) Has Partly Allowed The Appeals Of The Assessee Against The Orders Of The Ld. Assessing Officer Dated 30.12.2017. The Grounds Of Appeal Are As Under:- “1- The Ld. Cit (A) Nfac Erred On Facts & In Law In Dismissing The Ground That Notice U/S 143(2) Was Issued By Ito-6(1) Lucknow On 01.04.2016 Without Appreciating That Jurisdiction Of Case Lies With Dcit, Range-6, Lucknow, Hence The Notice Issued By Ito-6(1) Is Without Jurisdiction & Invalid. Further, No Notice U/S 143(2) Has Been Issued By Jurisdictional Dcit, Range-Vi, Lucknow Within The Period As Per Section 143(2) Of L. T. Act. Hence The Present Assessment Is Invalid, Bad In Law & Liable To Be Quashed. 2- The Ld. C.I.T. (A) Upheld The Addition Without Appreciating That Ld. A. O. Rejected The Books Of Account & Instead Of Estimating The Net Profit, Additions Were Made On The Basis Of Same Books Of Account By Disallowing Expenses Under Different Heads Total Rs. 1,75,91,607/- & Addition U/S 68 R. W. S. 115Bbe Of I. T. Act For Rs. 1,32,78,833/- Which Is Contrary To The Provisions Of Law.

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Neeraj Kumar, CIT DR
Section 143(2)Section 145(3)Section 250Section 68

disallowances under different heads totaling to Rs. 1,75,91,607/- and made additions of Rs. 1,32,78,833/- under section

KHANDELWAL SOYA INDUSTRIES LIMITED ,RAMPUR vs. ACIT(CENTERAL), BAREILLY

In the result, appeal of the assessee is partly allowed in the\nterms indicated hereinbefore

ITA 93/LKW/2022[F.Y.2005-06]Status: DisposedITAT Lucknow29 Aug 2025
Section 127Section 132Section 153ASection 153DSection 194H

disallowance of depreciation. The CIT(A) had partly allowed some relief.", "held": "The Tribunal held that additions made under Section 153A are not sustainable without incriminating material found during the search, citing the Supreme Court judgment in PCIT vs. Abhisar Buildwell (P.) Ltd. The ground regarding the assessment being barred by limitation was dismissed for A.Y. 2002-03, but allowed

TECHNICAL ASSOCIATES LIMITED,LUCKNOW vs. DCIT, RANGE-3, LUCKNOW

In the result, the appeal of the assessee stands allowed

ITA 228/LKW/2023[AY 2015-16]Status: DisposedITAT Lucknow25 Jun 2024

Bench: Shri G. D. Padamahshali & Shri Subhash Malguriaassessment Year: 2015-16 Technical Associates Limited V. Dy. Commissioner Of Income 8Th Km, Faizabad Road Tax Vijaypur, Gomti Nagar Range 6 Lucknow Lucknow Pan:Aabct7365F (Appellant) (Respondent) Appellant By: Shri Santhosh Kumar Respondent By: Shri Sanjeev Krishna Sharma, D.R. Date Of Hearing: 25 06 2024 Date Of Pronouncement: 25 06 2024 O R D E R

For Appellant: Shri Santhosh KumarFor Respondent: Shri Sanjeev Krishna Sharma, D.R
Section 32(1)(iii)Section 36(1)(va)

section 32(1)(iii) of the Income Tax Act, 1961 at Rs.40,016,103/- (Rs.1,01,82,132 + Rs.2,95,30,939 + Rs.3,03,032). The assessee had also filed the Tax Audit Report. However, the Assessing Officer held that as per Tax Audit Report, the total depreciation allowable is Rs.3,97,13,069/- and accordingly he disallowed

RAJDHANI NAGAR SAHKARI BANK LTD,LUCKNOW vs. DY.CIT RANGE-6, LUCKNOW

In the result, both the appeals in ITA Nos

ITA 142/LKW/2024[2012-13]Status: DisposedITAT Lucknow30 Apr 2025AY 2012-13
Section 2(24)(x)Section 36(1)Section 36(1)(v)

disallowance of deduction under section\n36(1)(viia) and 36(1)(viii), it was again conceded that due to a mistake, the assessee\nhad not claimed the statutory deduction under section 36(1)(viia) in respect of any\nprovision for bad and doubtful debts even though the same was allowable to it.\nHowever, it had made the provision in this

ACIT (E), LUCKNOW vs. SHIV RAM DAS GULITI MEMORIAL SOCIETY, ALLAHABAD

In the result, the appeal of the revenue is dismissed and cross objection of the assessee is dismissed

ITA 9/LKW/2020[2014-15]Status: DisposedITAT Lucknow29 Aug 2024AY 2014-15

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguriaassessment Year: 2014-15 Acit (Exemptions) Shiv Ram Das Gulati V. T. C. 46V, 5Th Floor, U.P.S.I.D.C Memorial Society Ltd, Vibhuti Khand, Gomti 53, Leader Road, Nagar, Lucknow-226010. Allahabad, Up Pan:Aabts4990G (Appellant) (Respondent) C. O. No. 05/Lkw/2022 (In Arising Out Of Ita. No. 09/Lkw/2020) Assessment Year:. 2014-15 Shiv Ram Das Gulati V. Acit (Exemptions) Memorial Society T. C. 46V, 5Th Floor, 53, Leader Road, Allahabad, U.P.S.I.D.C Ltd, Vibhuti Up. Khand, Gomti Nagar, Lucknow-226010. Pan:Aabts4990G (Appellant) (Respondent) Appellant By: Shri Manish Kumar Deorah, Ca Respondent By: Smt. Namita S. Pandey, Cit(Dr) Date Of Hearing: 13 08 2024 Date Of Pronouncement: 29 08 2024 O R D E R

For Appellant: Shri Manish Kumar Deorah, CAFor Respondent: Smt. Namita S. Pandey, CIT(DR)
Section 11Section 12A

Section 11 the said amendment is from prospective effect, the ld. CIT(A) appeal was completely justified in allowing relief of Rs.8,48,32,796/- as has been erroneously disallowed

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

section of society for \ncommercial area as certain percentage has to be made available for local shops and \nshops for barber, vegetable vendor etc. which are disposed-off through lottery \nsystem. It is this leftover part from 5% of saleable area that is sold though auction. \nFurthermore, the disposal of residential properties is done by an Authority as per \nthe

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

section of society for \ncommercial area as certain percentage has to be made available for local shops and \nshops for barber, vegetable vendor etc. which are disposed-off through lottery \nsystem. It is this leftover part from 5% of saleable area that is sold though auction. \nFurthermore, the disposal of residential properties is done by an Authority as per \nthe

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

section of society for \ncommercial area as certain percentage has to be made available for local shops and \nshops for barber, vegetable vendor etc. which are disposed-off through lottery \nsystem. It is this leftover part from 5% of saleable area that is sold though auction. \nFurthermore, the disposal of residential properties is done by an Authority as per \nthe

ROHILKHAND EDUCATIONAL CHARITABLE TRUST,BAREILLY vs. DCIT, CENTRAL CIRCLE, BAREILLY

In the result, both appeals of the assessee in ITA No

ITA 182/LKW/2024[2018-19]Status: DisposedITAT Lucknow22 Sept 2025AY 2018-19
For Appellant: \nSh. Rakesh Garg, AdvFor Respondent: \nSh. S.H. Usmani, CIT DR
Section 11Section 11(1)Section 11(2)Section 12ASection 143(3)Section 250Section 80GSection 80G(5)

disallowed the accumulation of Rs.\n22,00,00,000/- under section 11(2) of the Act and furthermore added back the\nsame of Rs.14,96,91,583/- claimed as purchase cost of fixed assets and application\nof income. However, he thereafter allowed a deduction of Rs.1,55, 15,994/-, being\nthe depreciation on the same. The ld. AO also observed

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

disallowance of Rs.6,95,21,880/- u/s 40(a)(ia) of the I.T. Act, 1961 without appreciating the fact that the assessee has procured materials from work contractors and in many cases the transport charges & labour are more than cost of material. 4. The Ld.CIT(A)-2, Lucknow has erred in law and on facts in deleting the addition