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14 results for “disallowance”+ Section 12A(1)(ba)clear

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Key Topics

Section 1128Deduction10Section 143(1)9Section 1958Section 143(3)7Exemption7Section 406Section 11(2)6Depreciation6Disallowance

DR. PRABHA ATRE FOUNDATION,MUMBAI vs. INCOME TAX EXEMPTION WARD 1(2), MUMBAI, MUMBAI

In the result, appeal of the assessee is allowed

ITA 124/MUM/2025[2020-21]Status: DisposedITAT Mumbai09 May 2025AY 2020-21

Bench: Sandeep Singh Karhail & Shri Girish Agrawalassessment Year: 2020-21

For Appellant: Shri Sanjiv Brahme and Shri Jayant Bhatt, ARsFor Respondent: Shri Kiran Unavekar, SR. DR
Section 11Section 12ASection 139Section 143(1)Section 143(1)(a)

disallowance of expenditure incurred for the charitable purposes amounting to Rs.19,18,602/- by way of adjustment made by CPC while processing return u/s.143(1)(a). Appeal of the assessee was thus dismissed. Aggrieved, assessee is in appeal before the Tribunal. 5. Before us, ld. Counsel reiterated the above facts and circumstances which are not repeated for the sake

5
Section 12A4
Section 1474

SHREE DADAR JAIN PAUSHADHSHALA TRUST,MUMBAI vs. ITO (E_ - 1(2), MUMBAI

In the result, the appeal of the assessee in ITA no

ITA 2061/MUM/2019[2014-15]Status: DisposedITAT Mumbai19 Aug 2019AY 2014-15

Bench: Shri Pawan Singh & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No.2061/Mum/2019 (नििाारण वर्ा / Assessment Year: 2014-15) बिाम/ Shree Dadar Jain Ito(E)-1(2) Paushadhshala Trust, Room No. 501, 5 Th Floor, Aaradhana Bhavan, Piramal Chambers, V. 289, S K Bole Road, Lalbaug, Parel, Dadar West, Mumbai-400012 Mumbai-400028 स्थायी ऱेखा सं./ Pan: Aaats7848E (अपीऱाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri. Bhadresh Doshi Revenue By: Shri. Abhi Rama Karthikeyn S. सुनवाई की तारीख /Date Of Hearing : 03.06.2019 घोषणा की तारीख /Date Of Pronouncement : 19.08.2019 आदेश / O R D E R Per Ramit Kochar: This Appeal, Filed By Assessee, Being Ita No. 2061/Mum/2019, Is Directed Against Appellate Order Dated 08/02/2019, Passed By Learned Commissioner Of Income Tax (Appeals)-3, Mumbai (Hereinafter Called ―The Cit(A)‖) In Appeal Number Cit(A)-3/It-10394/2017-18, For Assessment Year 2014-15, The Appellate Proceedings Had Arisen Before Learned Cit(A) From Assessment Order Dated 28.12.2006 Passed By Learned Assessing Officer (Hereinafter Called ―The Ao‖) U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Called ―The Act‖) For Ay:2014-15. 2. The Grounds Of Appeal Raised By Assessee In Memo Of Appeal Filed With The Income-Tax Appellate Tribunal, Mumbai (Hereinafter Called ―The Tribunal‖) Read As Under:-

For Appellant: Shri. Bhadresh DoshiFor Respondent: Shri. Abhi Rama Karthikeyn S
Section 11(1)Section 11(1)(a)Section 11(2)Section 12ASection 139(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)

12A was inserted by Finance Act, 2017 w.e.f. 01.04.2018, which reads as under: “[(ba) the person in receipt of the income has furnished the return of income for the previous year in accordance with the provisions of sub-section (4A) of section 139, within the time allowed under that section.]” 8.16 We are presently concerned with

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

ITA 3565/MUM/2015[2011-12]Status: DisposedITAT Mumbai25 Apr 2017AY 2011-12

Bench: Shri Joginder Singh & Shri Ramit Kochar

Section 195Section 195(2)Section 40

12A conditions for applicability of sections 11 and 12 are set out. Section 12AA sets out the procedure for registration. Section 13 states that section 11 will not apply in certain cases. By section 13A, special provision is made relating to incomes of political parties. Section 13B contains special After all this comes Chapter IV which is titled as Computation

ACIT 17(1), MUMBAI vs. ELVE CORPORATION, MUMBAI

ITA 3564/MUM/2015[2010-11]Status: DisposedITAT Mumbai25 Apr 2017AY 2010-11

Bench: Shri Joginder Singh & Shri Ramit Kochar

Section 195Section 195(2)Section 40

12A conditions for applicability of sections 11 and 12 are set out. Section 12AA sets out the procedure for registration. Section 13 states that section 11 will not apply in certain cases. By section 13A, special provision is made relating to incomes of political parties. Section 13B contains special After all this comes Chapter IV which is titled as Computation

SHA HURGOWAN ANANDJI DESAI CHARITIES ,MUMBAI vs. DEPUTY DIRECTOR OF INCOME TAX, CPC , BENGULURU

In the result, the appeal of the assessee

ITA 2807/MUM/2024[2022-23]Status: DisposedITAT Mumbai30 Aug 2024AY 2022-23

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2022-23 Sha Hurgowan Anandji Desai Dy. Director Of Income-Tax, Cpc Charities, Bengaluru, 18, Bhaskar Lane, Bhuleshwar, Vs. Income Tax Officer Exemption Mumbai-400002. Ward 2(3), 6Th Floor, Mtnl Te Building Pedder Road, Mumbai-400026. Pan No. Aaats 0405 R Appellant Respondent

For Respondent: Ms. Vasanti Patel, &
Section 11

Ba Processing Centre, Bangalore (herein after referred to as the AO) ngalore (herein after referred to as the AO) on the grounds that the Appellant did not furnish Audit Report in on the grounds that the Appellant did not furnish Audit Report in on the grounds that the Appellant did not furnish Audit Report in Form 10 Form

LANDMARK EDUCATION INDIA,MUMBAI vs. ITO (E) II (1), MUMBAI

The appeal of the assessee is allowed

ITA 4871/MUM/2014[2008-09]Status: DisposedITAT Mumbai09 Oct 2018AY 2008-09

Bench: Shri Joginder Singh & Shri G. Manjunathaassessment Year 2008-09 Landmark Education India, Income Tax Officer B-206, Bhaveshwar Plaza, (Exemption)-Ii(1), बनाम/ Lbs Marg, Ghatkopar (W), Piramal Chambers, Vs. Mumbai 400086 Lalbaug, Parel, Mumbai-400012 ("नधा"रती /Assessee) (राज"व /Revenue) P.A. No. Aaatl0059L

Section 11Section 139Section 142Section 143Section 143(3)Section 147Section 148

ba) where the assessee has failed to furnish a report in respect of any international transaction which he was so required under section 92E; (c) where an assessment has been made, but— (i) income chargeable to tax has been underassessed ; or (ii) such income has been assessed at too low a rate ; or (iii) such income has been made

NEW BOMBAY MERCHANTS EDUCATIONAL FOUNDATION,NAVI MUMBAI vs. ACIT, CPC BANGALORE, CPC BANGALORE

In the result, the appeal of the assessee bearing ITA No

ITA 6916/MUM/2024[2016-2017]Status: HeardITAT Mumbai24 Feb 2025AY 2016-2017

Bench: Shriamarjit Singh & Shri Anikesh Banerjee

For Appellant: NoneFor Respondent: Ms. Monika H Pande,SR AR)
Section 11Section 143(1)Section 143(1)(a)Section 234BSection 246ASection 250

1), the Ld.AO disallowed the exemption under section 11 and the tax was determined amount to Rs.88,10,900/-. The assessee filed a rectification petition under section 154, but without giving an opportunity to assessee, the CPC passed the order under section 154 and instead of granting relief, enhanced the total income to Rs.2,28,08,685/-. The assessee filed

SHREE SPANAN FOUNDATION,MUMBAI vs. INCOME TAX OFFICER-CPC BANGALURU, MUMBAI

In the result, appeal filed by the assessee is allowed for\nstatistical purposes in above terms

ITA 2001/MUM/2024[2020-21]Status: DisposedITAT Mumbai21 Feb 2025AY 2020-21
Section 10BSection 12Section 139(1)Section 139(4)Section 143(1)Section 234ASection 234FSection 250

12A (1)(ba) clearly specifies that the person in receipt of\nincome is required to furnish the ITR u/s 139(4A) within the time\nallowed under that Section. Thus, the appeal application suffers\nfrom twin defaults on the counts of furnishing of ITR as well as\nthe audit report. In the light of the above discussion, since no\napplication

SAYAJI-U BA KHIN MEMORIAL TRUST,MUMBAI vs. ASST DIT (E) 1(2), MUMBAI

Appeal of the Assessee is hereby allowed and appeal of the Revenue is hereby dismissed

ITA 1708/MUM/2014[2005-06]Status: DisposedITAT Mumbai31 May 2016AY 2005-06

Bench: S/Shri B.R.Baskaran & Amarjit Singhआयकर अपील सं/ I.T.A. No.1708/M/14 ("नधा"रण वष" / Assessment Year: 2005-06) Sayaji-U-Ba Khin Memorial The Asstt. Director Of बनाम/ Trust Income Tax (Exempt) 1(2) Vs. 2Nd Floor, Green House, Room No.504, Green Street, Fort, Piramal Chambers, Lalbaug, Mumbai-400023 Parel, Mumbai - 400012 आयकर अपील सं/ I.T.A. No. 2797/M/14 ("नधा"रण वष" / Assessment Year: 2005-06) The Asstt. Director Of Sayaji-U-Ba Khin Memorial बनाम/ Income Tax (Exempt) 1(2) Trust Vs. Room No.504, 2Nd Floor, Green House, Piramal Chambers, Lalbaug, Green Street, Fort, Parel, Mumbai-400023 Mumbai - 400012 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatt0114E

For Appellant: Shri Niraj Sheth & RajnikantFor Respondent: Shri Chandrajit Singh
Section 143(3)Section 147

Ba Khin Memorial बनाम/ Income Tax (Exempt) 1(2) Trust Vs. Room No.504, 2nd Floor, Green House, Piramal Chambers, Lalbaug, Green Street, Fort, Parel, Mumbai-400023 Mumbai - 400012 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAATT0114E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee by: Shri Niraj Sheth & Rajnikant Chaniyari Department by: Shri Chandrajit Singh सुनवाई क" तार"ख / Date of Hearing

DDIT (E) I (2), MUMBAI vs. SAYAJI U-BA KHIN MEMORIAL TRUST, MUMBAI

Appeal of the Assessee is hereby allowed and appeal of the Revenue is hereby dismissed

ITA 2797/MUM/2014[2005-06]Status: DisposedITAT Mumbai31 May 2016AY 2005-06

Bench: S/Shri B.R.Baskaran & Amarjit Singhआयकर अपील सं/ I.T.A. No.1708/M/14 ("नधा"रण वष" / Assessment Year: 2005-06) Sayaji-U-Ba Khin Memorial The Asstt. Director Of बनाम/ Trust Income Tax (Exempt) 1(2) Vs. 2Nd Floor, Green House, Room No.504, Green Street, Fort, Piramal Chambers, Lalbaug, Mumbai-400023 Parel, Mumbai - 400012 आयकर अपील सं/ I.T.A. No. 2797/M/14 ("नधा"रण वष" / Assessment Year: 2005-06) The Asstt. Director Of Sayaji-U-Ba Khin Memorial बनाम/ Income Tax (Exempt) 1(2) Trust Vs. Room No.504, 2Nd Floor, Green House, Piramal Chambers, Lalbaug, Green Street, Fort, Parel, Mumbai-400023 Mumbai - 400012 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatt0114E

For Appellant: Shri Niraj Sheth & RajnikantFor Respondent: Shri Chandrajit Singh
Section 143(3)Section 147

Ba Khin Memorial बनाम/ Income Tax (Exempt) 1(2) Trust Vs. Room No.504, 2nd Floor, Green House, Piramal Chambers, Lalbaug, Green Street, Fort, Parel, Mumbai-400023 Mumbai - 400012 "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAATT0114E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) Assessee by: Shri Niraj Sheth & Rajnikant Chaniyari Department by: Shri Chandrajit Singh सुनवाई क" तार"ख / Date of Hearing

DCIT(CC)-8(3) , MUMBAI vs. SANTOSH VIMLESH MEHTA, MUMBAI

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

ITA 3725/MUM/2025[2012-13]Status: DisposedITAT Mumbai09 Jan 2026AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Anikesh Banerjee () Assessment Year: 2012-13 Dcit(Cc)-8(3) Santosh Vimlesh Mehta Room No. 661 6Th Floor, Aaykar 10, Mumbadevi Road, Vs. Bhavan, Maharshi Karve Road, Mumbadevi, Mumbai-400002 Mumbai-400020 Mumbai Pan No. Abhpm 0883 H Appellant Respondent

For Appellant: Mr. Devendra JainFor Respondent: Mr. Virabhadra Mahajan, SR-DR
Section 10(38)Section 69A

Ba y given by selling scrip) of Banas Finarice Limited was also recorded where he was no idea that he was Limited was also recorded where he was no idea that he was Limited was also recorded where he was no idea that he was director of Banas Finance Limited. The relevant portion of the director of Banas Finance Limited

VIPASSANA RESEARCH INSTITUTE,MUMBAI vs. ITO (EXEMPTION) - 2(4), MUMBAI

In the result, appeal filed by the assessee is partly allowed

ITA 2532/MUM/2018[2012-13]Status: DisposedITAT Mumbai15 Nov 2019AY 2012-13

Bench: Shri. Vikas Awasthy & Shri G. Manjunathavipassana Research Institute Vs. Ito(Exemptions)-2(4) 2Nd Floor, Green House Piramal Chambers Green Street, Fort Lalbaug, Parel Mumbai-400 023 Mumbai-400 012 Pan/Gir No.Aaatv1217E (Appellant) .. (Respondent)

Section 10(34)Section 10(35)Section 11Section 11(1)(a)Section 12ASection 43

12A of the I.T.Act 1961. The assessee has filed its return of income for AY 2012-13 on 30/09/2012, declaring total deficit at Rs. 97,47,021/-. The case was selected for scrutiny and during the course of assessment proceedings, the Ld. AO noticed that the assesse has claimed depreciation on assets, which have been claimed as application of income

ITO (EXEMPTION)-2(3) MUMBAI, MUMBAI vs. SAYAJI-U-BA KHIN MEMORIAL TRUST, MUMBAI

In the result, appeal filed by the revenue is dismissed

ITA 5883/MUM/2016[2010-11]Status: DisposedITAT Mumbai21 Mar 2018AY 2010-11

Bench: Shri Mahavir Singh () & Shri G Manjunatha ()

Section 11Section 11(1)Section 12ASection 143(3)Section 32

Ba Khin Memorial Trust 2nd Floor, Green House, Green Street, Fort, Mumbai 400 023 PAN : AAATT0114E Appellant by Shri Rajat Mittal Revenue by Shri Rajnikant Chemiyari Date of hearing 13-03-2018 Date of pronouncement 21-03-2018 O R D E R Per G Manjunatha, AM : This appeal filed by the revenue is directed against the order

ITO (EXEMPTION)-2(3) MUMBAI, MUMBAI vs. SAYAJI-U-BA KHIN MEMORIAL TRUST, MUMBAI

In the result, appeal of the Revenue is dismissed

ITA 5884/MUM/2016[2011-12]Status: DisposedITAT Mumbai30 Nov 2017AY 2011-12

Bench: Shri G.S. Pannu & Shri Pawan Singh: A.Y : 2011-12

For Appellant: Shri Suman KumarFor Respondent: Shri Rajnikant V. Chaniyari
Section 11Section 143(3)Section 32

1. Whether on the facts of the case and in law the ld.CIT(A) erred in allowing the appeal of the assessee on account of disallowing depreciation on fixed assets of Rs.80,55,519/- in contravention of the decision of Escorts Ltd. Vs. UOI 199 ITR 43 wherein it was held that since section 11 of the Income