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66 results for “disallowance”+ Section 45(2)clear

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Key Topics

Addition to Income51Section 143(3)40Section 26336Section 1133Section 80P29Deduction28Section 143(2)25Disallowance25Section 145(3)21Section 12A

DCIT, CENTRAL CIRCLE-2, LUCKNOW, LUCKNOW vs. RAKESH KUMAR PANDEY, GONDA

ITA 405/LKW/2025[2022-23]Status: DisposedITAT Lucknow11 Dec 2025AY 2022-23
Section 145(3)Section 54FSection 69Section 69A

45,53,688/- on account of applying NP rate @ 11% on\ntotal turnover after rejecting the book result shown, in section 145(3) of the Act,\nwithout appreciating that the trading results shown by the assessee were\nfound open to verification and were unreliable.\n2. Whether on facts and circumstances of the case and in law, the CIT(A) erred

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

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

ITA 181/LKW/2024[2017-18]Status: DisposedITAT Lucknow22 Sept 2025AY 2017-18

Showing 1–20 of 66 · Page 1 of 4

20
Exemption20
Natural Justice18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.181 & 182/Lkw/2024 A.Ys.2017-18 & 2018-19 Rohilkhand Educational Vs. Dcit, Charitable Trust, Bareilly Central Circle, Bareilly Pan: Aaatr6902J (Appellant) (Respondent) Assesseeby: Sh. Rakesh Garg, Adv Revenue By: Sh. S.H. Usmani, Cit Dr Date Of Hearing: 14.08.2025 Date Of Pronouncement: 22.09.2025 O R D E R Per Bench: [ These Two Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A)-3, Lucknow Dated 19.03.2024 & 22.03.2024, Passed Under Section 250 Of The Income Tax Act, 1961, For The A.Ys. 2017-18 & 2018-19, Dismissing The Appeals Of The Assessee Against Orders Passed By The Assessing Officer Under Section 143(3) Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “(1).That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Not Considering The Fact That In The Alleged Assessment Order, The Columns Of Name Of Assessee, Pan, Asst Year, Date Of Assessment & Section Under Which Passed, Are Blank. (2)That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Treating The Demand As Valid Which Was Not Computed On The Basis Of Orderthat May Not Be Termed To Be An Order Under Section 143(3). (3) That A Demand Of Tax As Computed In The Computation Sheet Is Without Jurisdiction Void-Ab-Inito & Is Liable To Be Annulled. (4) That The Ld. Authorities Below Have Erred In Law As Well As On Facts In Confirming The Addition Of Rs. 736591857/-Comprising  Corpus Donation Aggregating To Rs 7,68,95,000/-, A.Ys. 2017-18 & 2018-19

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. S.H. Usmani, CIT DR
Section 11Section 11(1)Section 11(2)Section 12ASection 13(3)Section 143(3)Section 250Section 80GSection 80G(5)

45,925/-to tax, which had been claimed as exempt under section 11(1) of the Act. The ld. AO also disallowed the accumulation of Rs. 22,00,00,000/- under section 11(2

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)

45,925/-to tax, which had been claimed as exempt\nunder section 11(1) of the Act. The ld. AO also disallowed the accumulation of Rs.\n22,00,00,000/- under section 11(2

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

ITA 535/LKW/2014[2008-09]Status: DisposedITAT Lucknow28 Feb 2025AY 2008-09
For Appellant: Ms. Shweta Mittal, C.AFor Respondent: Sh. G.C. Shrivastava, Special Counsel & Sh. Mazhar Akram, CIT (DR)
Section 11Section 12A

45,17,400/- in the assessment year 2008-09. The ld. AO analyzed the functions and powers of the Board as laid down in section 15 of the Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter known as UPAEVPA, 1965) and came to the conclusion that a plain reading of the same revealed that they outlined the features

INCOME TAX OFFICER-2(3), LUCKNOW vs. U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

ITA 532/LKW/2014[2007-08]Status: DisposedITAT Lucknow28 Feb 2025AY 2007-08
Section 11Section 12A

45,17,400/- in the assessment year 2008-09. The ld. AO analyzed the\nfunctions and powers of the Board as laid down in section 15 of the Uttar Pradesh\nAwas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter known as UPAEVPA,\n1965) and came to the conclusion that a plain reading of the same revealed that they\noutlined the features

INCOME TAX OFFICER-2(3), LUCKNOW vs. U.P AWAS EVAM VIKAS PARISHAD, LUCKNOW

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

ITA 533/LKW/2014[2008-09]Status: DisposedITAT Lucknow28 Feb 2025AY 2008-09
Section 11Section 12A

45,17,400/- in the assessment year 2008-09. The ld. AO analyzed the\nfunctions and powers of the Board as laid down in section 15 of the Uttar Pradesh\nAwas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter known as UPAEVPA,\n1965) and came to the conclusion that a plain reading of the same revealed that they\noutlined the features

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

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

ITA 22/LKW/2019[2008-09]Status: DisposedITAT Lucknow28 Feb 2025AY 2008-09
Section 11Section 12A

45,17,400/- in the assessment year 2008-09. The ld. AO analyzed the\nfunctions and powers of the Board as laid down in section 15 of the Uttar Pradesh\nAwas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter known as UPAEVPA,\n1965) and came to the conclusion that a plain reading of the same revealed that they\noutlined the features

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

In the result ITA Nos.532 & 533/Lkw/2014 and ITA Nos

ITA 21/LKW/2019[2007-08]Status: DisposedITAT Lucknow28 Feb 2025AY 2007-08
Section 11Section 12A

45,17,400/- in the assessment year 2008-09. The ld. AO analyzed the\nfunctions and powers of the Board as laid down in section 15 of the Uttar Pradesh\nAwas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter known as UPAEVPA,\n1965) and came to the conclusion that a plain reading of the same revealed that they\noutlined the features

U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

ITA 534/LKW/2014[2007-08]Status: DisposedITAT Lucknow28 Feb 2025AY 2007-08
For Appellant: \nMs. Shweta Mittal, C.AFor Respondent: \nSh. G.C. Shrivastava, Special Counsel &
Section 11Section 12A

45,17,400/- in the assessment year 2008-09. The ld. AO analyzed the\nfunctions and powers of the Board as laid down in section 15 of the Uttar Pradesh\nAwas Evam Vikas Parishad Adhiniyam, 1965 (hereinafter known as UPAEVPA,\n1965) and came to the conclusion that a plain reading of the same revealed that they\noutlined the features

SHYAM SUNDER GUPTA,KANPUR vs. DY. COMMISSIONER OF INCOME TAX-1, KANPUR

In the result, the appeal of the assessee is dismissed

ITA 168/LKW/2017[2012-13]Status: DisposedITAT Lucknow06 May 2025AY 2012-13
Section 150Section 150(1)Section 153(3)(ii)Section 2(22)(e)Section 251(2)Section 41(1)

section 2 (22) (e) of the Income Tax Act, 1961 are\nunjust, illegal and arbitrary.\n4. That the additions made amounting to Rs.13,26,600/- u/s.41(1) of the\nIncome Tax Act, 1961 are unjust and on the facts illegal and arbitrary.\n5. The disallowances of Rs.10,00,000/- made out of packing expenses\nwithout proper verification that the entire

UTTAR PRADESH WATER SUPPLY AND SANITATION MISSION,LUCKNOW vs. ACIT(EXEMPTION) CIRCLE, LUCKNOW

In the result, both appeals are partly allowed

ITA 360/LKW/2024[2017-18]Status: DisposedITAT Lucknow28 Nov 2025AY 2017-18
Section 11(1)(a)Section 143Section 143(2)

2(24)(xviii) read with Section 145B(3) as\nwell as ICDS, and then the corresponding expenditures actually incurred whether\nby the appellant or by the executing agencies as the case may be for the specified\nobjects.\n6. 20. From the Income & Expenditure Account furnished by the appellant during\nthe course of assessment proceedings, the AO noted that the surplus

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTIONS) LUCKNOW, LUCKNOW vs. UTTAR PRADESH WATER SUPPLY AND SANITATION MISSION, LUCKNOW

In the result, both appeals are partly allowed

ITA 288/LKW/2024[2017]Status: DisposedITAT Lucknow28 Nov 2025

Bench: SHRI KUL BHARAT, VICE PRESIDENT\nAND\nSHRI ANADEE NATH MISSHRA (Accountant Member)

Section 11(1)(a)Section 143Section 143(2)

2(24)(xviii) read with Section 145B(3) as\nwell as ICDS, and then the corresponding expenditures actually incurred whether\nby the appellant or by the executing agencies as the case may be for the specified\nobjects.\n\n6. 20. From the Income & Expenditure Account furnished by the appellant during\nthe course of assessment proceedings, the AO noted that

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

2 SOT 811 (2005)\nOf Section 263, read with section 68 of the Income-tax Act, 1961\nRevision orders prejudicial to interest of revenue -Assessment year 2000-\n01 Whether assessment order which has been subject-matter of\nproceeding under section 263 may be a cryptic one but that itself does not\nrender assessment order to be erroneous and prejudicial

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

ITA 352/LKW/2025[2019-20]Status: DisposedITAT Lucknow11 Dec 2025AY 2019-20
Section 145(3)Section 54FSection 69

45,53,688/- on account of applying NP rate @ 11% on\ntotal turnover after rejecting the book result shown, in Section 145(3) of the Act,\nwithout appreciating that the trading results shown by the assessee were\nfound open to verification and were unreliable.\n\n2. Whether on facts and circumstances of the case

VIJAY PAL SINGH,HARDOI vs. ASSESSMENT UNIT, NFAC

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

ITA 56/LKW/2026[2019-20]Status: DisposedITAT Lucknow30 Mar 2026AY 2019-20

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

Section 147ASection 50CSection 50C(2)Section 55ASection 56(2)(vii)

disallowances without proper opportunity. 29. Accordingly, the assessment order dated 22.09.2021, framed without awaiting the valuation report in violation of the statutory mandate under section 50C(2) read with section 153, as well as Accordingly, the assessment order dated 22.05 2021, framed without awaiting the valuation report in dated 20.11.2024 passed under section 154 on t((2) read with section

SACHIN VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - II, KANPUR

In the result, all the appeals are allowed

ITA 59/LKW/2022[2018-2019]Status: DisposedITAT Lucknow20 Nov 2024AY 2018-2019

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 153ASection 153D

45,000/- on a account of unexplained share application money received us. 68 of the Income Tax Act, 1961. 6. That the assessment completed by learned assessing officer is arbitrary, prejudicial and unlawful. 7. That the learned assessing officer has erred in not providing proper and adequate opportunity to the appellant.” I.T.A. No.48/Lkw/2022 “1. That the notice issued and assessment

M/S STANDARD FROZEN FOODS EXPORTS PVT LTD,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CC-II, KANPUR

In the result, all the appeals are allowed

ITA 45/LKW/2022[2018-2019]Status: DisposedITAT Lucknow20 Nov 2024AY 2018-2019

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 153ASection 153D

45,000/- on a account of unexplained share application money received us. 68 of the Income Tax Act, 1961. 6. That the assessment completed by learned assessing officer is arbitrary, prejudicial and unlawful. 7. That the learned assessing officer has erred in not providing proper and adequate opportunity to the appellant.” I.T.A. No.48/Lkw/2022 “1. That the notice issued and assessment

KAMAL KANT VERMA,HAPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals are allowed

ITA 53/LKW/2022[2018-2019]Status: HeardITAT Lucknow20 Nov 2024AY 2018-2019

Bench: Shri Anadee Nath Misshra & Shri Subhash Malguria

Section 132Section 153ASection 153D

45,000/- on a account of unexplained share application money received us. 68 of the Income Tax Act, 1961. 6. That the assessment completed by learned assessing officer is arbitrary, prejudicial and unlawful. 7. That the learned assessing officer has erred in not providing proper and adequate opportunity to the appellant.” I.T.A. No.48/Lkw/2022 “1. That the notice issued and assessment

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

45,71,123/- by making certain additions. 4. Later on, the case was set-aside as per provision of Sec. 263(1) of the Income Tax Act, 1961 vide order dated 28.03.2018 (F. No. Pr. CII-2/Tech/Lko/263/AY 2013-14/UPSCIDC/2017-18/1131) OF THE Ld. Pr CIT-2, Lucknow. Accordingly, notices u/s 142(1) of the Income Tax Act, 961 along

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

2) of Section 80A of the Act provides that the aggregate amount of the deductions under Chapter VI-A shall not exceed the ‘gross total income’ of the Assessee. We are in agreement with the Appellate Authority that Section 80AB of the Act which deals with determination of deductions under Part C of Chapter VI-A is with respect only