BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

523 results for “depreciation”+ Section 40A(2)(b)clear

Sorted by relevance

Mumbai523Delhi358Bangalore145Chennai101Raipur89Kolkata89Ahmedabad56Amritsar44Jaipur41Hyderabad35Surat27Pune17Chandigarh16Visakhapatnam15Guwahati10Indore10Lucknow9Rajkot7Cochin7Karnataka5Cuttack5Varanasi4Jodhpur4SC3Patna3Agra3Ranchi3Calcutta2Dehradun2Telangana1Kerala1Nagpur1

Key Topics

Section 143(3)74Addition to Income70Disallowance70Depreciation38Section 4036Section 40A(2)(b)30Section 271(1)(c)27Deduction27Penalty25Section 14A

M/S SANOFI INDIA LTD (FORMERLY KNOWN AS AVENTIS PHARMA LTD,MUMBAI vs. THE ACIT RG 8(1), MUMBAI

In the result, appeal filed by the Revenue is dismissed

ITA 1606/MUM/2007[2003-2004]Status: DisposedITAT Mumbai31 Oct 2023AY 2003-2004

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

Section 271(1)(c)

depreciation of Rs. 12,76,648/- with reference to the same. He ought not to have done so. 7. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in confirming the disallowance of the expenditure of Rs. 13,91,89,365 under section 40A(2)(a)(b

ACIT- 3(1)(1), MUMBAI vs. MM/S SANOFI INDIA LIMITED (FORMERLY KNOWN AS AVENTIS PHARMA LTD)., MUMBAI

In the result, appeal filed by the Revenue is dismissed

ITA 1302/MUM/2007[2003-2004]Status: DisposedITAT Mumbai31 Oct 2023AY 2003-2004

Bench: Shri Vikas Awasthy, Hon’Ble & Shri S. Rifaur Rahman, Hon'Ble

Showing 1–20 of 523 · Page 1 of 27

...
24
Section 143(1)23
Section 92C19
Section 271(1)(c)

depreciation of Rs. 12,76,648/- with reference to the same. He ought not to have done so. 7. On the facts and in the circumstances of the case and in law, the learned CIT(A) has erred in confirming the disallowance of the expenditure of Rs. 13,91,89,365 under section 40A(2)(a)(b

PAHILAJRAI JAIKISHAN,MUMBAI vs. DCIT 19(3), MUMBAI

In the result, the appeal is allowed

ITA 994/MUM/2014[2010-11]Status: DisposedITAT Mumbai01 Feb 2016AY 2010-11

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1562/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

Section 14Section 143(2)Section 143(3)Section 14ASection 37(1)Section 40

40A and 43B deal with Business Disallowances. Keeping in mind the said scheme the position is that sections 30 to 38 are deductions which are limited by section 40. Therefore, even if an assessee is entitled to deduction under section 36(1)(iii), the assessee (firm) will not be entitled to claim deduction for interest payment exceeding 18/12 per cent

ASST CIT 19(3), MUMBAI vs. PAHILAJRAI JAIKISHIN, MUMBAI

In the result, the appeal is allowed

ITA 1562/MUM/2014[2010-11]Status: DisposedITAT Mumbai01 Feb 2016AY 2010-11

Bench: Shri Shailendra Kumar Yadav & Shri Ramit Kocharआयकर अपील सं./I.T.A. No.1562/Mum/2014 ("नधा"रण वष" / Assessment Year: 2010-11)

Section 14Section 143(2)Section 143(3)Section 14ASection 37(1)Section 40

40A and 43B deal with Business Disallowances. Keeping in mind the said scheme the position is that sections 30 to 38 are deductions which are limited by section 40. Therefore, even if an assessee is entitled to deduction under section 36(1)(iii), the assessee (firm) will not be entitled to claim deduction for interest payment exceeding 18/12 per cent

SANOFI INDIA LTD FORMERLY KNOWN AS AVENTIS PHARMA LTD ,MUMBAI vs. ADDL CIT RG 8(1), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

ITA 6626/MUM/2009[2005-06]Status: DisposedITAT Mumbai23 Feb 2024AY 2005-06

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)

depreciation is not sustainable. This ground of the assessee is allowed. Disallowance under section 40A(2)(b)- Ground No.2 7. The assessee

ADDL CIT RG 8(1), MUMBAI vs. M/S. SANOFI INDIA LIMITED (FORMERLY KNOWN AS M/S. AVENTIS PHARMA LTD), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

ITA 7712/MUM/2010[2006-07]Status: DisposedITAT Mumbai23 Feb 2024AY 2006-07

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)

depreciation is not sustainable. This ground of the assessee is allowed. Disallowance under section 40A(2)(b)- Ground No.2 7. The assessee

ADDL CIT 8(1), MUMBAI vs. M/S. SANOFI INDIA LIMITED (FORMERLY KNOWN AS M/S. AVENTIS PHARMA LTD), MUMBAI

In the result, the C.O. of the assessee for AY 2007-08 is partly allowed

ITA 6698/MUM/2011[2007-08]Status: DisposedITAT Mumbai23 Feb 2024AY 2007-08

Bench: Shri Vikas Awasthy, Jm & Ms Padmavathy S, Am

For Respondent: Shri Ajay Chandra (CIT-DR) &
Section 32Section 32(1)

depreciation is not sustainable. This ground of the assessee is allowed. Disallowance under section 40A(2)(b)- Ground No.2 7. The assessee

KPMG ADVISORY SERVICES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-6(1)(2), MUMBAI

In the result, all the appeals of the assessee are allowed

ITA 5394/MUM/2024[2012-13]Status: DisposedITAT Mumbai13 Feb 2025AY 2012-13

Bench: Shri Amarjit Singh & Shri Anikesh Banerjeeita No. 5395/Mum/2024 (A.Y. 2012-13) Ita No. 5393/Mum/2024 (A.Y. 2015-16) M/S. Kpmg Advisory Services Dcit, Circle – 6(1)(2), Private Limited Aaykar Bhavan, M.K. Road, Churchgate, 2Nd Floor, Block T2 (B Wing), Mumbai Vs. Lodha Excelus, Apollo Mills Compound, N. M. Joshi Marg, Mahalaxmi, Mumbai

For Appellant: Shri Ajit Jain a/w Shri Siddhesh Chaugule &For Respondent: Shri Hemanshu Joshi, Sr. DR
Section 143(2)Section 143(3)Section 250Section 40A(2)(b)Section 40A(2)(h)

Depreciation 2,286.36 237.68 Insurance-General 25.57 2.66 Total 10,185.59 1058.85 4. The assessee also submitted that the amount has been recovered on cost to cost basis and on the same basis as has been charged to other sub-licensees whose relationship with KPMG was not covered within the meaning of section 40A(2)(b

KPMG ADVISORY SERVICES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-6(1)(2), MUMBAI

In the result, all the appeals of the assessee are allowed

ITA 5393/MUM/2024[2015-16]Status: DisposedITAT Mumbai13 Feb 2025AY 2015-16

Bench: Shri Amarjit Singh & Shri Anikesh Banerjeeita No. 5395/Mum/2024 (A.Y. 2012-13) Ita No. 5393/Mum/2024 (A.Y. 2015-16) M/S. Kpmg Advisory Services Dcit, Circle – 6(1)(2), Private Limited Aaykar Bhavan, M.K. Road, Churchgate, 2Nd Floor, Block T2 (B Wing), Mumbai Vs. Lodha Excelus, Apollo Mills Compound, N. M. Joshi Marg, Mahalaxmi, Mumbai

For Appellant: Shri Ajit Jain a/w Shri Siddhesh Chaugule &For Respondent: Shri Hemanshu Joshi, Sr. DR
Section 143(2)Section 143(3)Section 250Section 40A(2)(b)Section 40A(2)(h)

Depreciation 2,286.36 237.68 Insurance-General 25.57 2.66 Total 10,185.59 1058.85 4. The assessee also submitted that the amount has been recovered on cost to cost basis and on the same basis as has been charged to other sub-licensees whose relationship with KPMG was not covered within the meaning of section 40A(2)(b

KPMG ADVISORY SERVICES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-6(1)(2), MUMBAI

In the result, all the appeals of the assessee are allowed

ITA 5392/MUM/2024[2018-19]Status: DisposedITAT Mumbai13 Feb 2025AY 2018-19

Bench: Shri Amarjit Singh & Shri Anikesh Banerjeeita No. 5395/Mum/2024 (A.Y. 2012-13) Ita No. 5393/Mum/2024 (A.Y. 2015-16) M/S. Kpmg Advisory Services Dcit, Circle – 6(1)(2), Private Limited Aaykar Bhavan, M.K. Road, Churchgate, 2Nd Floor, Block T2 (B Wing), Mumbai Vs. Lodha Excelus, Apollo Mills Compound, N. M. Joshi Marg, Mahalaxmi, Mumbai

For Appellant: Shri Ajit Jain a/w Shri Siddhesh Chaugule &For Respondent: Shri Hemanshu Joshi, Sr. DR
Section 143(2)Section 143(3)Section 250Section 40A(2)(b)Section 40A(2)(h)

Depreciation 2,286.36 237.68 Insurance-General 25.57 2.66 Total 10,185.59 1058.85 4. The assessee also submitted that the amount has been recovered on cost to cost basis and on the same basis as has been charged to other sub-licensees whose relationship with KPMG was not covered within the meaning of section 40A(2)(b

KPMG ADVISORY SERVICES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-6(1)(2), MUMBAI

In the result, all the appeals of the assessee are allowed

ITA 5396/MUM/2024[2011-12]Status: DisposedITAT Mumbai13 Feb 2025AY 2011-12

Bench: Shri Amarjit Singh & Shri Anikesh Banerjeeita No. 5395/Mum/2024 (A.Y. 2012-13) Ita No. 5393/Mum/2024 (A.Y. 2015-16) M/S. Kpmg Advisory Services Dcit, Circle – 6(1)(2), Private Limited Aaykar Bhavan, M.K. Road, Churchgate, 2Nd Floor, Block T2 (B Wing), Mumbai Vs. Lodha Excelus, Apollo Mills Compound, N. M. Joshi Marg, Mahalaxmi, Mumbai

For Appellant: Shri Ajit Jain a/w Shri Siddhesh Chaugule &For Respondent: Shri Hemanshu Joshi, Sr. DR
Section 143(2)Section 143(3)Section 250Section 40A(2)(b)Section 40A(2)(h)

Depreciation 2,286.36 237.68 Insurance-General 25.57 2.66 Total 10,185.59 1058.85 4. The assessee also submitted that the amount has been recovered on cost to cost basis and on the same basis as has been charged to other sub-licensees whose relationship with KPMG was not covered within the meaning of section 40A(2)(b

KPMG ADVISORY SERVICES PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX-CIRCLE-6(1)(2), MUMBAI

In the result, all the appeals of the assessee are allowed

ITA 5395/MUM/2024[2012-13]Status: DisposedITAT Mumbai13 Feb 2025AY 2012-13

Bench: Shri Amarjit Singh & Shri Anikesh Banerjeeita No. 5395/Mum/2024 (A.Y. 2012-13) Ita No. 5393/Mum/2024 (A.Y. 2015-16) M/S. Kpmg Advisory Services Dcit, Circle – 6(1)(2), Private Limited Aaykar Bhavan, M.K. Road, Churchgate, 2Nd Floor, Block T2 (B Wing), Mumbai Vs. Lodha Excelus, Apollo Mills Compound, N. M. Joshi Marg, Mahalaxmi, Mumbai

For Appellant: Shri Ajit Jain a/w Shri Siddhesh Chaugule &For Respondent: Shri Hemanshu Joshi, Sr. DR
Section 143(2)Section 143(3)Section 250Section 40A(2)(b)Section 40A(2)(h)

Depreciation 2,286.36 237.68 Insurance-General 25.57 2.66 Total 10,185.59 1058.85 4. The assessee also submitted that the amount has been recovered on cost to cost basis and on the same basis as has been charged to other sub-licensees whose relationship with KPMG was not covered within the meaning of section 40A(2)(b

M/S ARENA ENTERPRISES ,MUMBAI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, , MUMBAI-17

In the result, appeal filed by the assessee is partly allowed as indicated above

ITA 862/MUM/2022[2017-18]Status: DisposedITAT Mumbai01 Dec 2022AY 2017-18

Bench: Shri Kuldip Singh, Hon'Ble & Shri S. Rifaur Rahman, Hon'Blem/S. Arena Enterprise V. Pcit –Mumbai-17 Cts No. 20, Arena Space, Village Majas Room No. 120, 1St Floor Jvlr, Behind Majas Depot Kautilya Bhavan, C-41 To C-43 Jogeshwari (E), Mumbai - 400060 G-Block, Bandra Kurla Complex Bandra(E), Mumbai - 400051 Pan: Aanfa3473E (Appellant) (Respondent) Assessee Represented By : Ms. Mrugakshi Joshi Department Represented By : Shri Jagadish Jangid

Section 143(3)Section 24Section 263Section 40A(2)(b)

40A(2)(b) at the rate of 18% without considering the above facts. According to him the Assessing Officer was expected to verify the reasons for paying interest to persons specified u/s.40A(2)(b) at the rate higher than prevailing in the market. The Assessing Officer failed to consider this point and did not make expected verification in this regard

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. DCIT 4(2), MUMBAI

Appeals are disposed off accordingly

ITA 3513/MUM/2016[2010-11]Status: DisposedITAT Mumbai21 Sept 2017AY 2010-11

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. DCIT 4(2)(2), MUMBAI

Appeals are disposed off accordingly

ITA 3517/MUM/2016[2012-13]Status: DisposedITAT Mumbai21 Sept 2017AY 2012-13

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance

ACIT 4(2)(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

ITA 4588/MUM/2016[2012-13]Status: DisposedITAT Mumbai21 Sept 2017AY 2012-13

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. DCIT 4(2), MUMBAI

Appeals are disposed off accordingly

ITA 3514/MUM/2016[2008-09]Status: DisposedITAT Mumbai21 Sept 2017AY 2008-09

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. ACIT 4(2)(2), MUMBAI

Appeals are disposed off accordingly

ITA 3518/MUM/2016[2009-10]Status: DisposedITAT Mumbai21 Sept 2017AY 2009-10

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance

DCIT 4(2), MUMBAI vs. GOPALDAS VISRAM & CO. LTD, MUMBAI

Appeals are disposed off accordingly

ITA 4584/MUM/2016[2008-09]Status: DisposedITAT Mumbai21 Sept 2017AY 2008-09

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance

GOPALDAS VISRAM & CO. LTD,MUMBAI vs. ADDL CIT 4(2), MUMBAI

Appeals are disposed off accordingly

ITA 3516/MUM/2016[2011-12]Status: DisposedITAT Mumbai21 Sept 2017AY 2011-12

Bench: Shri C.N. Prasad, Jm & Shri Rajesh Kumar, Am

For Appellant: Shri Rajeev KhandelwalFor Respondent: Miss Vidisha Kalara
Section 69Section 69A

40A(2)(b), on the ground that the appellants have paid job work charges to Cheryl Laboratories Pvt. Ltd. for which there is no agreement. The appellants contend that on the facts and in the circumstances of the case and in law, the CITCA) ought not to have upheld the action of the Assessing Officer in making the impugned disallowance