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57 results for “disallowance”+ Unexplained Investmentclear

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Key Topics

Addition to Income50Section 26334Section 10(38)33Section 69A29Section 14824Section 143(3)22Section 145(3)21Section 6821Disallowance19Natural Justice

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)Section 80I

disallowance has been made arbitrarily by application of Rule\n8D(2)(ii) and 8D(2)(iii).\n3. In this regard it is pertinent to mention that as per section 144(2) of the Act,\nAssessing Officer is duty bound to record his/her dissatisfaction on correctness\nof claim of assessee before invoking the provision of section 144. As it is\nevident

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)

Showing 1–20 of 57 · Page 1 of 3

17
Section 6916
Deduction14
Section 143(2)
Section 143(3)
Section 80I

disallowance under section 14A read with Rule 8D was made\nsolely on the basis of investment by Assessee Company in SPVs without\nverifying objects of investment and understanding of relevant provision of law.\nIt is also submitted that section 14A carries heading 'Expenditure\nincurred in relation to income not includible in total income'\n\nAs per Section

LALJI YADAV,LUCKNOW vs. INCOME TAX OFFICER- 6(2), LUCKNOW

In the result, appeal of the assessee is partly allowed for\nstatistical purposes

ITA 804/LKW/2024[2015-16]Status: DisposedITAT Lucknow11 Sept 2025AY 2015-16
For Respondent: \nIncome Tax Officer-6(2)
Section 143(3)Section 253(3)

unexplained investments and disallowed agricultural income. The CIT(A) upheld these additions. The assessee failed to provide explanations or evidence

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

ITA 348/LKW/2025[2015-16]Status: DisposedITAT Lucknow11 Dec 2025AY 2015-16
Section 145(3)Section 54FSection 69

unexplained investment\nsituated u/s 69 of the Act, where such difference was below 10% of FMV\nestimated by DVO.\n\n2. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while\nsustaining the addition of Rs.9,22,200/- being disallowances

HAJARIA SOFT SERVICES PRIVATE LIMITED,LUCKNOW vs. INCOME TAX OFFICER-3(2), LUCKNOW

In the result, the appeal of the assessee is dismissed

ITA 74/LKW/2025[2017-18]Status: DisposedITAT Lucknow23 Apr 2025AY 2017-18

Bench: Shri Anadee Nath Misshraआयकर अपील सं/ Ita No.74/Lkw/2025 "नधा"रण वष"/ Assessment Year: 2017-18 Hajaria Soft Services Pvt Ltd Income Tax Officer-3(2) V. A-1462, Sec-1, Lda Colony, Lucknow-New Kanpur Road Ashiyana, Pratyaksh Kar Bhawan, Lucknow-226012. 57, Ram Tirath Marg, Hazratganj, Lucknow- 226001. Pan:Aadch6101R अपीलाथ"/(Appellant) ""यथ"/(Respondent) अपीलाथ" "क और से/Appellant By: None ""यथ" "क और से /Respondent By: Shri Sanjeev Krishna Sharma, Addl. Cit(Dr) आदेश / O R D E R Per Anadee Nath Misshra, A.M.: The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi Dated 05/08/2024 For The Assessment Year 2017-18. The Grounds Of Appeal Of The Assessee Are As Under: -

For Appellant: NoneFor Respondent: Shri Sanjeev Krishna Sharma, Addl
Section 69Section 80J

disallowance of other expenses and of Rs 21,00,000/- as unexplained investment u/s 69. 8. During the appeal proceedings

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

ITA 347/LKW/2025[2014-15]Status: DisposedITAT Lucknow11 Dec 2025AY 2014-15
Section 145(3)Section 54FSection 56(2)(vii)Section 69

unexplained investment u/s 69 of the Act, where such difference was below 10% of FMV estimated by DVO. \n2. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while \nsustaining the addition of Rs.9,22,200/- being disallowances

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

ITA 398/LKW/2025[2015-16]Status: DisposedITAT Lucknow11 Dec 2025AY 2015-16
Section 145(3)Section 54FSection 69

unexplained investment u/s 69 of the Act, where such difference was below 10% of FMV estimated by DVO.\n2. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while\nsustaining the addition of Rs.9,22,200/- being disallowances

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

disallowances of expenses\ndetermined by DVO @ Rs.91,76,800/- and amount of investment shown by\nassessee at 57, Laxmanpuri, Lucknow in relevant year as unexplained

RAHUL BAJPAI,LUCKNOW vs. AO NFAC/ITO-1, RAEBARELI

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

ITA 10/LKW/2026[2018-19]Status: DisposedITAT Lucknow27 Mar 2026AY 2018-19
For Appellant: Shri Mahendra Kumar, FCAFor Respondent: Shri Amit Kumar, CIT(DR)
Section 144BSection 147Section 69

disallowing investment of Rs.8,45,470/- from old savings of the appellant. The addition of Rs.18,45,470/- is arbitrary and without considering full facts of the case therefore liable to be deleted. 4. Any other ground raised at the time of hearing of the appeal in accordance with law.” 2. The present appeal is barred by limitation

M/S BENARA BEARING PVT.LTD,AGRA vs. DCIT-CC-1, KANPUR

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

ITA 333/LKW/2024[B.P.1996-97 to 2002-03]Status: DisposedITAT Lucknow25 Oct 2024

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. : B.P. 1996-97 To 2002-03 M/S Benara Bearings Pvt. Ltd., Deputy Commissioner Of Income- 44/347, Bharatpur Road, Vs. Tax, Central Circle-1, Kanpur Bodla, Agra-282007 U.P. Pan:Aabcb5525F (Appellant) (Respondent) Assessee By: Sh. Ashish Jaiswal, Advcoate Revenue By: Sh. Gayasuddin, Cit Dr Date Of Hearing: 05.09.2024 Date Of Pronouncement: 25.10.2024 O R D E R Per Sh. Nikhil Choudhary: This Is An Appeal Against The Order Of The Ld. Cit(A), Nfac, Passed Under Section 250 Of The Income Tax Act, 1961 On 21.09.2023. The Grounds Of Appeal Preferred Are As Under:-

For Appellant: Sh. Ashish Jaiswal, AdvcoateFor Respondent: Sh. Gayasuddin, CIT DR
Section 132Section 143(2)Section 158BSection 245CSection 250Section 263

disallowance under the block assessment which were already part of the record and no evidence or material was found during search as required u/s 158BB. 8. That the Id. CIT Central as well as Id.AO erred in making addition on account of unexplained cash credit of Rs.20,00,000/-. 9. That the Id.AO has erred in making addition on account

CONCEPT CARS LIMITED,HARDOI vs. INCOME TAX OFFICER- 3(2), HARDOI

In the result, the appeal in I

ITA 181/LKW/2020[2012-13]Status: DisposedITAT Lucknow27 Jul 2022AY 2012-13

Bench: Shri T. S. Kapoor

Section 69A

disallowance of Rs.8,31,134/- only on surmise. I.T.A. No.182/Lkw/2020 1. That the CIT(A), Bareilly erred on facts and in law in confirming the addition of Rs.15,00,000/- being advances given by the I.T.A. No.181 & 182/Lkw/2020 Assessment Year:2012-13 & 13-14 2 appellant as unexplained investments

CONCEPT CARS LIMITED,HARDOI vs. INCOME TAX OFFICER- 3(2), HARDOI

In the result, the appeal in I

ITA 182/LKW/2020[2013-14]Status: DisposedITAT Lucknow27 Jul 2022AY 2013-14

Bench: Shri T. S. Kapoor

Section 69A

disallowance of Rs.8,31,134/- only on surmise. I.T.A. No.182/Lkw/2020 1. That the CIT(A), Bareilly erred on facts and in law in confirming the addition of Rs.15,00,000/- being advances given by the I.T.A. No.181 & 182/Lkw/2020 Assessment Year:2012-13 & 13-14 2 appellant as unexplained investments

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

ITA 399/LKW/2025[2016-17]Status: DisposedITAT Lucknow11 Dec 2025AY 2016-17
Section 145(3)Section 54FSection 69

unexplained investment\nsituated u/s 69 of the Act, where such difference was below 10% of FMV\nestimated by DVO.\n2. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while\nsustaining the addition of Rs.9,22,200/- being disallowances

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

unexplained investment\nsituated u/s 69 of the Act, where such difference was below 10% of FMV\nestimated by DVO.\n2. Because the Ld. CIT(A) Lucknow-III has erred on facts & law while\nsustaining the addition of Rs.9,22,200/- being disallowances

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 investment in fixed asset on the grounds that the\nassessee was earning huge profits and has utilized the same to purchase fixed\nassets, for the purposes of earning further profits. The ld. AR submitted, that\ncapital expenditure also allowed as application of income for charitable purposes\nduring the year under consideration. It was pointed out that

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

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)

disallowed the investment in fixed asset on the grounds that the assessee was earning huge profits and has utilized the same to purchase fixed assets, for the purposes of earning further profits. The ld. AR submitted, that capital expenditure also allowed as application of income for charitable purposes during the year under consideration. It was pointed out that

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

ITA 191/LKW/2020[2014-15]Status: DisposedITAT Lucknow17 Oct 2025AY 2014-15
For Appellant: \nShri Samrat Chandra, C.AFor Respondent: \nShri R. K. Agarwal, CIT(DR)
Section 263

unexplained investment AY 2012-13.\"\n\n(B.2) Subsequently, the Ld. PCIT started proceedings u/s 263 of the Act. Vide notice dated 27.02.2020, the Ld. PCIT was of the view that the Assessing Officer accepted the assessee's claim for capital gain on sale of shares of M/s. Blue Circle Services Ltd on face value, without independent inquiry

SH. SUKHVINDER SINGH,KANPUR vs. PR CIT, CENTRAL, KANPUR

In the result, both appeals filed by the assessee are allowed for statistical purposes

ITA 190/LKW/2020[2012-13]Status: DisposedITAT Lucknow17 Oct 2025AY 2012-13

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: Shri Samrat Chandra, C.AFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 263

unexplained investment AY 2012-13.” (B.2) Subsequently, the Ld. PCIT started proceedings u/s 263 of the Act. Vide notice dated 27.02.2020, the Ld. PCIT was of the view that the Assessing Officer accepted the assessee’s claim for capital gain on sale of shares of M/s. Blue Circle Services Ltd on face value, without independent inquiry. The Ld. PCIT

ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2, KANPUR., KANPUR vs. M/S. SUSHRUT INSTITUTE OF PLASTIC SURGERY PRIVATE LIMITED, LUCKNOW

The appeal of the Department stands dismissed whereas the Cross Objection of the assessee stands allowed

ITA 30/LKW/2023[2019-20]Status: DisposedITAT Lucknow31 Jul 2025AY 2019-20

Bench: Shri. Sudhanshu Srivastava & Shri Nikhil Choudharyassessment Year: 2019-20 The Acit V. M/S Sushrut Institute Of Plastic Central Circle 2 Surgery Private Limited Kanpur 29, Shahmeena Road Lucknow Tan/Pan:Aaics2582G (Appellant) (Respondent) C.O. No.15/Lkw/2023 [Arising Out Of Ita No.30/Lkw/2023] Assessment Year: 2019-20 M/S Sushrut Institute Of Plastic V. The Acit Surgery Private Limited Central Circle 2 29, Shahmeena Road Kanpur Lucknow Tan/Pan:Aaics2582G (Cross - Objector) (Respondent)

For Appellant: Shri Ashish Jaiswal AdvocateFor Respondent: Shri Sunil Kumar Rajwanshi, D.R
Section 115BSection 133ASection 142ASection 143(3)Section 2(24)(x)Section 271ASection 36(1)(va)Section 69Section 69A

investment. ITA No.30/LKW/2023 & C.O. No.15/LKW/2023 Page 4 of 28 2.2 Further, during the course of survey, statement on oath of Dr. Sumit Malhotra had been recorded, who had stated on oath that the entries in the impounded books, marked as BK-8, BK-9, BK-10 and BBK-11, were denomination of Notes. However, the AO worked out book-wise

RANJANA,LUCKNOW vs. ITO-4(3), LUCKNOW-NEW

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

ITA 421/LKW/2023[2017-18]Status: DisposedITAT Lucknow26 Nov 2025AY 2017-18

Bench: SHRI KUL BHARAT (Vice President)

For Appellant: Ms Gurneet Kaur, AdvocateFor Respondent: Shri Amit Kumar, Addl. CIT(DR)
Section 144Section 44ASection 68

disallowances of Rs.5,12,625/- ignoring the audited accounts filed under section 44AB of the Income Tax Act, 1961 which is illegal, against the facts and inequitable. 6. Because on the facts and in the circumstance of the case, the order of Assessment has been passed in absolute violation of the principles of Natural Justice, without providing adequate Opportunity