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2,172 results for “disallowance”+ Section 144(3)clear

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Key Topics

Addition to Income71Disallowance68Section 14A66Section 143(3)60Section 153C39Section 14437Deduction34Section 14825Section 143(2)22Section 80I

LATE SHRI MOHAN RAJ CHHAJED (THROUGH LEGAL JEOR SHANTILAL CHHAJED),MUMBAI vs. ITO,WARD-2, PALI

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

ITA 193/JODH/2019[2012-13]Status: DisposedITAT Mumbai27 Jul 2022AY 2012-13

Bench: Shri Om Prakash Kant () & Shri Sandeep Singh Karhail () Assessment Year: 2012-13 Late Shri Mohan Raj Chhajed Income Tax Officer, Ward-2, (Through Legal Heir Shantilal Pali Rajasthan-306-401. Chhajed), Vs. 601, Shilpa Apartments, C.D. Barfiwala Marg, Juhu Lane, Andheri (W), Mumbai-400058. Pan No. Aaipc 6614 N Appellant Respondent

For Appellant: Mr. Piyush Chhajed &For Respondent: Mr. Ajeya Kumar Ojha, Sr. DR
Section 144Section 145(3)Section 44A

144 of the Act, is without any basis and , is without any basis and accordingly dismissed. accordingly dismissed. 10. In ground No. 3 3 the assessee has raised the issue that addition he assessee has raised the issue that addition should have been restricted should have been restricted at the rate of 8% on sales on sales in terms

Showing 1–20 of 2,172 · Page 1 of 109

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22
Section 13218
Depreciation17

ASST CIT 3, MUMBAI vs. PRAMOD RATAN PATIL, MUMBAI

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

ITA 3851/MUM/2016[2011-12]Status: DisposedITAT Mumbai08 Feb 2023AY 2011-12

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

For Appellant: Mr. Satyaprakash Singh, ARFor Respondent: Mr. Nihar Ranjan Samal, DR
Section 143(3)Section 37Section 40ASection 40A(3)Section 68

disallowance under section 40 A (3) of the act with respect to the purchases of the material. The assessee’s claim is that there is no cash payment made by the assessee which is in violation of the provisions of section 40 A (3) of the act and the learned departmental representative has categorically relied upon the orders

PRAMOD RATAN PATIL,THANE vs. ASST CIT CIR 3, KALYAN

In the result, Appeal of Ld AO is dismissed, appeal of assessee is allowed partly

ITA 7329/MUM/2016[2011-12]Status: DisposedITAT Mumbai08 Feb 2023AY 2011-12

Bench: Shri Prashant Maharishi, Am & Ms. Kavitha Rajagopal, Jm Shri Pramod Ratan Patil Acit A–1, Chandresh Oasis, Lodha Circle–3, Kalyan, 2 Nd Floor, Heaven, Vs. Kalyan Shil Road, Dombivali (East), Rani Mansion, Murbad Road, Thane–421201 Kalyan West–421301 (Appellant) (Respondent) Pan No. Aadpp6274F Acit Shri Pramod Ratan Patil Circle–3, A–1, Chandresh Oasis, Lodha Kalyan, 2 Nd Floor, Heaven, Vs. Rani Mansion, Murbad Road, Kalyan Shil Road, Dombivali (East), Kalyan West–421301 Thane–421201 (Appellant) (Respondent) Assessee By : Mr. Satyaprakash Singh, Ar Revenue By : Mr. Nihar Ranjan Samal, Dr

For Appellant: Mr. Satyaprakash Singh, ARFor Respondent: Mr. Nihar Ranjan Samal, DR
Section 143(3)Section 37Section 40ASection 40A(3)Section 68

disallowance under section 40 A (3) of the act with respect to the purchases of the material. The assessee’s claim is that there is no cash payment made by the assessee which is in violation of the provisions of section 40 A (3) of the act and the learned departmental representative has categorically relied upon the orders

BAJAJ INTERNATIONAL REALTY PRIVATE LIMITED ,MUMBAI vs. DCIT, 1(2)1, MUMBAI

In the result both the appeals of the parties are partly allowed for In the result both the appeals of the parties are partly allowed for the statistical purposes

ITA 5319/MUM/2025[2018-19]Status: DisposedITAT Mumbai13 Feb 2026AY 2018-19

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

For Appellant: Shri Leyaqat Ali Aafaqui, Sr. ARFor Respondent: Shri Kirit Kamdar
Section 4Section 43C

144 r.w.r. 80 of the Act under the provisions of section 115/8 [Rs. 1.01.07,904/ 10. On the facts and in the circumstances of t 10. On the facts and in the circumstances of the case and he case and in law, the Ld. CIT(A) erred in upholding the action of the learned Asses erred in upholding the action

BAJAJ INTERNATIONAL REALTY PRIVATE LIMITED ,MUMBAI vs. DCIT-1(2), MUMBAI

In the result both the appeals of the parties are partly allowed for In the result both the appeals of the parties are partly allowed for the statistical purposes

ITA 5321/MUM/2025[2016-17]Status: DisposedITAT Mumbai13 Feb 2026AY 2016-17

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal ()

For Appellant: Shri Leyaqat Ali Aafaqui, Sr. ARFor Respondent: Shri Kirit Kamdar
Section 4Section 43C

144 r.w.r. 80 of the Act under the provisions of section 115/8 [Rs. 1.01.07,904/ 10. On the facts and in the circumstances of t 10. On the facts and in the circumstances of the case and he case and in law, the Ld. CIT(A) erred in upholding the action of the learned Asses erred in upholding the action

IQBAL AHMAED KHALIL AHMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), MUMBAI

In the result, the appeal of the assessee for the A

ITA 2135/MUM/2013[2009-10]Status: DisposedITAT Mumbai04 Oct 2017AY 2009-10

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

For Appellant: Shri. S.C. Tiwari & RutejaFor Respondent: Shri B.C.S. Naik(CIT-DR)
Section 143(3)Section 253(3)Section 40A(3)

disallowance made of Rs.17,99,90,677/- for AY 2009-10 by invoking Section 40A(3) and 40A(3A) is also not challenged by the assessee. It was submitted that legal contention which is raised by the assessee is that when the books of accounts were rejected by the AO u/s. 145(3) , then Section 40A(3)/40A(3) cannot

IQBAL AHMED KHALILAMED SUBEDAR,MUMBAI vs. ITO 22(1)(2), NAVI MUMBAI

In the result, the appeal of the assessee for the A

ITA 4896/MUM/2015[2008-09]Status: DisposedITAT Mumbai04 Oct 2017AY 2008-09

Bench: Shri C.N Prasad & Shri Ramit Kocharआयकर अपीऱ सं./I.T.A. No. 2135/Mum/2013 (नििाारण वर्ा / Assessment Year : 2009-10 ) आयकर अपीऱ सं./I.T.A. No.4896/Mum/2015 (नििाारण वर्ा / Assessment Year : 2008-09)

For Appellant: Shri. S.C. Tiwari & RutejaFor Respondent: Shri B.C.S. Naik(CIT-DR)
Section 143(3)Section 253(3)Section 40A(3)

disallowance made of Rs.17,99,90,677/- for AY 2009-10 by invoking Section 40A(3) and 40A(3A) is also not challenged by the assessee. It was submitted that legal contention which is raised by the assessee is that when the books of accounts were rejected by the AO u/s. 145(3) , then Section 40A(3)/40A(3) cannot

GRASIM INDUSTRIES LTD ( CORPORATE FINANCE DIVISION),MUMBAI vs. ADDL CIT RG 6(3), MUMBAI

ITA 3762/MUM/2009[2006-07]Status: DisposedITAT Mumbai25 Feb 2025AY 2006-07

Bench: the CIT(A). The CIT(A) partly allowed the appeal preferred by the Assessee vide order, dated 18/05/2009. 4. Not being satisfied with the relief granted by the Id. CIT(A), the Assessee has preferred appeal before this Tribunal. The Revenue has also filed cross-appeal challenging the relief granted by the Id. CIT(A).

For Appellant: Shri J. D. Mistry Sr. AdvocateFor Respondent: Shri Kishor Dhule
Section 143(2)Section 143(3)Section 24Section 43B

144 or section 147 or section 154 or section 155 or section 250 or section 254 or section 260 or section 262 or section 263 or section 264 or an order of the Settlement Commission under sub-section (4) of section 245D, the amount on which interest was payable under sub-section (1) has been increased or reduced

SHAKUNTALA KAMBLE (LEGAL REPRESENTATIVE OF PREMCHAND KAMBLE),THANE vs. DCIT -CENT. CIR `, THANE

ITA 1764/MUM/2021[2005-06]Status: DisposedITAT Mumbai30 Aug 2023AY 2005-06
For Appellant: Shri Pravin TembhekarFor Respondent: Shri K.C. Selvamani
Section 142Section 143(3)Section 144Section 147Section 153ASection 253(3)

144 read with Section 153A of the Act, assessed the income of the Assessee at INR 93,92,968/- after making following additions/disallowances: SNo. Particulars Amount (INR) A Payments - Additions/Disallowances A1 Expenses disallowed 16,13,709 A2 Hire charges paid 52,52,210 A3 Disallowance u/s 40a(ia) 3

M/S. ATUL PROJECTS INDIA PVT LTD.,,MUMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

ITA 1879/MUM/2023[2017-18]Status: DisposedITAT Mumbai27 Sept 2023AY 2017-18

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Section 132Section 143(2)Section 14ASection 153CSection 37(1)Section 43CSection 69CSection 80I

Disallowance u/s.37(1) - - - Ground No.8 - r.w.s.36(1)(iii) Addition made u/s.69C - - - - Ground No.5 to 7 Assessment order passed Addition Addition - Addition without issue of notice Ground No.1 Ground No.1 Ground No.1 u/s.143(2) Assessment u/s.153C of Addition completed proceedings Ground No.2 can be made only on the basis of incriminating material Assessment order passed Addition Addition - Addition without DIN Ground

M/S. ATUL PROJECTS INDIA P LTD,MUMBAI vs. DCIT- 9(1)(2) (NOW JURIDICTION WITH DC CC 2(4)), MUMBAI

ITA 1940/MUM/2023[2014-15]Status: DisposedITAT Mumbai27 Sept 2023AY 2014-15

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Section 132Section 143(2)Section 14ASection 153CSection 37(1)Section 43CSection 69CSection 80I

Disallowance u/s.37(1) - - - Ground No.8 - r.w.s.36(1)(iii) Addition made u/s.69C - - - - Ground No.5 to 7 Assessment order passed Addition Addition - Addition without issue of notice Ground No.1 Ground No.1 Ground No.1 u/s.143(2) Assessment u/s.153C of Addition completed proceedings Ground No.2 can be made only on the basis of incriminating material Assessment order passed Addition Addition - Addition without DIN Ground

M/S. ATUL PROJECTS INDIA PVT LTD.,,MUMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

ITA 1880/MUM/2023[2019-20]Status: DisposedITAT Mumbai27 Sept 2023AY 2019-20

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Section 132Section 143(2)Section 14ASection 153CSection 37(1)Section 43CSection 69CSection 80I

Disallowance u/s.37(1) - - - Ground No.8 - r.w.s.36(1)(iii) Addition made u/s.69C - - - - Ground No.5 to 7 Assessment order passed Addition Addition - Addition without issue of notice Ground No.1 Ground No.1 Ground No.1 u/s.143(2) Assessment u/s.153C of Addition completed proceedings Ground No.2 can be made only on the basis of incriminating material Assessment order passed Addition Addition - Addition without DIN Ground

M/S. ATUL PROJECTS INDIA PVT LTD.,,MIMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

ITA 1877/MUM/2023[2016-17]Status: DisposedITAT Mumbai27 Sept 2023AY 2016-17

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Section 132Section 143(2)Section 14ASection 153CSection 37(1)Section 43CSection 69CSection 80I

Disallowance u/s.37(1) - - - Ground No.8 - r.w.s.36(1)(iii) Addition made u/s.69C - - - - Ground No.5 to 7 Assessment order passed Addition Addition - Addition without issue of notice Ground No.1 Ground No.1 Ground No.1 u/s.143(2) Assessment u/s.153C of Addition completed proceedings Ground No.2 can be made only on the basis of incriminating material Assessment order passed Addition Addition - Addition without DIN Ground

M/S. ATUL PROJECTS INDIA PVT LTD.,,MUMBAI vs. DCIT- 9(1)(2), ( NOW JURIDICTION WITH DC CC-2(4), MUMBAI

ITA 1876/MUM/2023[2015-16]Status: DisposedITAT Mumbai27 Sept 2023AY 2015-16

Bench: Ms. Kavitha Rajagopal () & Ms. Padmavathy S. ()

Section 132Section 143(2)Section 14ASection 153CSection 37(1)Section 43CSection 69CSection 80I

Disallowance u/s.37(1) - - - Ground No.8 - r.w.s.36(1)(iii) Addition made u/s.69C - - - - Ground No.5 to 7 Assessment order passed Addition Addition - Addition without issue of notice Ground No.1 Ground No.1 Ground No.1 u/s.143(2) Assessment u/s.153C of Addition completed proceedings Ground No.2 can be made only on the basis of incriminating material Assessment order passed Addition Addition - Addition without DIN Ground

M/S EDELWISS RURAL & CORPORATE SERVICES PRIVATE LIMITED,MUMBAI vs. ACIT CENTRAL CIRCLE-1(2), MUMBAI

In the result, the appeal of the assessee is allowed

ITA 2471/MUM/2022[2016-17]Status: DisposedITAT Mumbai31 Mar 2023AY 2016-17

Bench: Shri Aby T Varkey () & Shri Om Prakash Kant () Assessment Year: 2016-17 M/S Edelweiss Rural & Acit Central Circle-1(2), Corporate Services Pvt. Ltd., R. No. 906, 9Th Floor, Old Vs. Edelweiss House, Off Cst Road, Cgo Building Annexe, Kalina, Santacruz (East), Maharshi Karve Road, Mumbai-400098. Churchgate, Mumbai-400020. Pan No. Aakcs 7311 R Appellant Respondent Assessee By : Mr. Jitendra Jain, Ar Revenue By : Mr. Sanjeev Kashyap, Cit-Dr : Date Of Hearing 09/03/2023 : Date Of Pronouncement ___/03/2023 Order

For Appellant: Mr. Jitendra Jain, ARFor Respondent: Mr. Sanjeev Kashyap, CIT-DR

144 in the context of the scheme of the Act and, if so read, it is clear that it scheme of the Act and, if so read, it is clear that it scheme of the Act and, if so read, it is clear that it disallows certain expenditure incurred to earn exempt disallows certain expenditure incurred to earn exempt disallows

M/S PIRAMAL ENTERPRISES LIMIITED ,MUMBSI vs. DY CIT(APPEAL)-RANGE-8(2)(1), MUMBAI

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

ITA 727/MUM/2022[2017-18]Status: DisposedITAT Mumbai28 Dec 2022AY 2017-18

Bench: Shri Vikas Awasthy () & Shri Om Prakash Kant () Assessment Year: 2017-18 M/S Piramal Enterprises Ltd., Dy. Cit, Mumbai-8(1)(2), Or Piramal Tower, Agastya National Facelss Assessment Vs. Corporate Park, Lbs Marg, Centre, Delhi, Kamani Junction, Kurla Room No. 624, 6Th Floor, (West), Aayakar Bhavan, M.K. Road, Mumbai-400070. Mumbai-400020. Pan No. Aaacn 4538 P Appellant Respondent : Assessee By Mr. Ronak Doshi : Revenue By Mr. Rakesh Ranjan, Cit-Dr & Mr. Samuel Pitta, Dr : Date Of Hearing 17/11/2022 : Date Of Pronouncement 28/12/2022

For Respondent: Assessee by Mr. Ronak Doshi
Section 143Section 143(3)Section 144BSection 144B(1)

disallowance of Rs. 23,62,21,702/ 23,62,21,702/- made made in in respect respect of of transfer transfer pricing pricing adjustment on commission on the guarantees provided be adjustment on commission on the guarantees provided be adjustment on commission on the guarantees provided be deleted or be appropriately reduced. deleted or be appropriately reduced. WITHOUT PREJUDICE

HDFC BANK LIMITED (AS SUCCESSOR TO HOUSING DEVELOPMENT FINANCE CORPORATION LTD),MUMBAI vs. DCIT RG 1(1), MUMBAI

ITA 4313/MUM/2010[2002-03]Status: DisposedITAT Mumbai28 Jan 2025AY 2002-03

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

disallowance under section 144 is Rs 924.78 crore. I.18. We would now like to proceed with the calculation of investments yielding tax free income. It may be noted that the average investments yielding tax free income for the captioned AY amounts to Rs 3

HDFC BANK LIMITED (AS SUCCESSOR TO HOUSING DEVELOPMENT FINANCE CORPORATION LTD),MUMBAI vs. DCIT 1(1), MUMBAI

ITA 2867/MUM/2012[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

disallowance under section 144 is Rs 924.78 crore. I.18. We would now like to proceed with the calculation of investments yielding tax free income. It may be noted that the average investments yielding tax free income for the captioned AY amounts to Rs 3

HDFC BANK LIMITED (AS SUCCESSOR TO HOUSING DEVELOPMENT FINANCE CORPORATION LTD),MUMBAI vs. ADDL CIT RG 1(1), MUMBAI

ITA 5033/MUM/2010[2006-07]Status: DisposedITAT Mumbai28 Jan 2025AY 2006-07

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

disallowance under section 144 is Rs 924.78 crore. I.18. We would now like to proceed with the calculation of investments yielding tax free income. It may be noted that the average investments yielding tax free income for the captioned AY amounts to Rs 3

ADDL CIT RG 1(1), MUMBAI vs. HDFC LTD, MUMBAI

ITA 3785/MUM/2009[2004-05]Status: DisposedITAT Mumbai28 Jan 2025AY 2004-05

Bench: Shri Anikesh Banerjee & Shri Girish Agrawal

For Appellant: Shri Nitesh Joshi, Advocate and Shri Ninad Patade, CAFor Respondent: Shri Biswanath Das, CIT DR
Section 1

disallowance under section 144 is Rs 924.78 crore. I.18. We would now like to proceed with the calculation of investments yielding tax free income. It may be noted that the average investments yielding tax free income for the captioned AY amounts to Rs 3