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41 results for “disallowance”+ Section 263clear

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Key Topics

Section 26385Section 143(3)39Addition to Income24Section 14721Section 14819Section 36(1)(viia)19Section 271(1)(c)18Disallowance15Deduction15Section 80P(2)(d)

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

ITA 350/NAG/2024[2017-18]Status: DisposedITAT Nagpur22 Oct 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 263(2)

disallowance u/s 40a(ia) of the Act." 11. We find that the issues on which re–assessment order was passed under section 143(3) r/w section 147 of the Act and the issues on which revision order passed under section 263

Showing 1–20 of 41 · Page 1 of 3

12
Section 689
Revision u/s 2638

LATITUDE INFRAVENTURES,NAGPUR vs. PCIT,NAGPUR-1, NAGPUR

In the result, appeal filed by the assessee for assessment year 2017–18

ITA 349/NAG/2024[2016-17]Status: DisposedITAT Nagpur22 Oct 2024AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Abhay AgrawalFor Respondent: Shri Sandipkumar Salunke
Section 143(1)Section 143(3)Section 147Section 148Section 263Section 263(2)

disallowance u/s 40a(ia) of the Act." 11. We find that the issues on which re–assessment order was passed under section 143(3) r/w section 147 of the Act and the issues on which revision order passed under section 263

SUSHILA BHAURAO DESHMUKH,AMRAVATI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 76/NAG/2022[2017-18]Status: DisposedITAT Nagpur20 Sept 2024AY 2017-18

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

For Appellant: ShriK.P. DewaniFor Respondent: Shri Sandeep Salunke
Section 143(3)Section 263Section 263(1)Section 54BSection 54E

263 of the Act. The said provision is reproduced below:– ―Explanation 2.—For the purposes of this section, it is hereby declared that an order passed by the Assessing Officer 3[or the Transfer Pricing Officer, as the case may be,] shall be deemed to be erroneous in so far as it is prejudicial to the interests of the revenue

GAJANAND FINANCIAL CONSULTANCY PRIVATE LIMITED,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) NAGPUR, NAGPUR

In the result, assessee’s appeal is allowed

ITA 126/NAG/2025[2013-2014]Status: DisposedITAT Nagpur22 Sept 2025AY 2013-2014

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Pankaj Kumar
Section 143(3)Section 263Section 68

section 263 to review the under passed u/s. 143(3) r.w.s. 147 dated 28.03.2022 stating that the impugned order is erroneous and prejudicial to the interest of revenue. We respectfully object to the notice issued u/s. 263 since the order of the Ld. AO is not erroneous in so far as it is not prejudicial to the interest

FATTESING PUNAJI DHABRE,NAGPUR vs. PRINCIPAL COMMISSIONER INCOME TAX – 2, NAGPUR

In the result, this appeal of assessee is allowed

ITA 368/NAG/2022[2011-12]Status: DisposedITAT Nagpur24 Feb 2026AY 2011-12

Bench: Shri Pawan Singh & Shri Khettra Mohan Roy(Physical Hearing) Fattesing Punaji Dhabre Pcit – 2, Nagpur Plot No. 132, Chandan Nagar, Post Vs Aayakar Bhawan, Civil Lines, Hanuman Nagar, Nagpur, Maharashtra – 440001. Maharashtra – 440009. [Pan: Bacpd6505Q] Appellant / Assessee Respondent / Revenue Assessee By Shri Madhav Vichare, Ca Revenue By Shri Pankaj Kumar, Cit–Dr Date Of Hearing 17.02.2026 Date Of Pronouncement 24.02.2026 Order Under Section 254(1) Of Income Tax Act

Section 142(1)Section 143(2)Section 143(3)Section 148Section 254(1)Section 263Section 54B

section 263 cannot be invoked by principal Commissioner on basis of audit objections and proposal of AO. We further find that Hon’ble Gujarat High Court in Adani Power Rajasthan Ltd. v. Assistant Commissioner of Income-tax [2023] 147 taxmann.com 548 (Gujarat)/[2023] 292 Taxman 475 (Gujarat)/[2023] 454 ITR 734 (Gujarat) also held that where Assessing Officer issued reopening

SAN FINANCE CORPORATION,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-1, NAGPUR

In the result, appeal filed by the assessee is dismissed

ITA 40/NAG/2022[2017-18]Status: DisposedITAT Nagpur11 Jul 2024AY 2017-18

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mukesh AgrawalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 263

disallowance of ` 13,45,752. 4. Subsequently, the learned PCIT, by exercising power under section 263 of the Act issued

MOHD. SHAFI NAUSHAHI ,NAGPUR vs. COMMISSIONER OF INOCME TAX -IV , NAGPUR

In the result, appeal of the assessee is dismissed

ITA 129/NAG/2019[2009-10]Status: DisposedITAT Nagpur22 Nov 2023AY 2009-10

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.129/Nag/2019 िनधा"रण वष" / Assessment Year : 2009-10 Mohd. Shafi Naushahi, The Commissioner Of Plot No.194, Shahai Manzil, Vs Income Tax-Iv, Nagpur. Gumgaon Road, Dongaragaon, Nagpur. Pan: Adgpn2947L Appellant/ Assessee Respondent/Revenue Assessee By None Revenue By Shri Kailash G. Kanojiya – Sr.Dr Date Of Hearing 22/09/2023 Date Of Pronouncement 22 /11/2023

Section 143(3)Section 2(14)Section 263

disallowances of expenditures. Ld.CIT, Nagpur on perusal of the assessment record observed that assessee had credited Rs.12,50,000/- in the capital account under the head “Income from Transfer of Agricultural Land”. However, the same was not offered for taxation. The ld.CIT, Nagpur issued notice under section 263

BHAKTVATSAL SADGURU YOGIRAJ VASANTRAO GOPALRAO GHONGE MAHARAJ TRUST,WARDHA vs. ACIT CENTRAL CIRCLE-1(1), NAGPUR

In the result, assessee’s appeal stands allowed

ITA 598/NAG/2024[2009-10]Status: DisposedITAT Nagpur04 Mar 2025AY 2009-10

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 11Section 12ASection 132Section 143(3)Section 153CSection 263Section 271Section 271(1)(C)Section 271(1)(c)Section 28

section 263 of the Act thereby disallowing the expenses amounting to ` 15,92,565, claimed towards the object of the trust

S. R. TECHNICAL SERVICES,NAGPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, NAGUR

In the result, appeal of the assessee is dismissed

ITA 42/NAG/2021[2011-12]Status: DisposedITAT Nagpur21 Nov 2023AY 2011-12

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.42/Nag/2021 िनधा"रण वष" / Assessment Year : 2011-12 S R Technical Services, The Principal C/O. K N D & Associates, Vs Commissioner Of 502-503, Satyam Apartment, Income Tax, Dhantoli, Wardha Road, Nagpur – 2. Nagpur – 440012. Pan: Abmfs6131K Appellant/ Assessee Respondent/Revenue Assessee By None Revenue By Shri Kailash G. Kanojiya – Sr.Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 21/11/2023

Section 143(3)Section 147Section 148Section 263

section 147 r.w.s.143(3) of the Act, dated 18.12.2018. The grounds of appeal filed by the Assessee are as under : “1. The assessee had submitted its return of income declaring Total income at Rs. 2,72,461/- on 30/09/2011. The assessee was issued notice u/s 148 of the Income Tax Act, 1961 and order u/s 143(3) r.w.s

NIRMALKUMAR AGRAWAL HUF,NAGPUR vs. INCOME TAX OFFICER, WARD-2, BHANDARA

In the result, assessee’s appeal stands allowed

ITA 242/NAG/2025[2018-19]Status: DisposedITAT Nagpur22 Sept 2025AY 2018-19

Bench: Shri Narender Kumar Choudhry & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Rohan Loya a/wFor Respondent: Shri Pankaj Kumar
Section 139(1)Section 143(1)(a)Section 144BSection 147Section 148Section 263

263 and therefore, has also failed to bring on record any evidence in support of the allegation that loan amount is Rs. 40 Lakhs.” 7. The learned A.R. demonstrated that inquiries have been conducted before passing the order and the allegations in show cause notice regarding reliance on order under section 148A(d) of another assessee is vague, nebulous

SUNIL NARAYANDAS KHATOD ,AKOLA vs. COMMISSIONER OF INCOME TAX -1, NAGPUR

In the result, appeal of the Assessee is Partly Allowed

ITA 134/NAG/2019[2014-15]Status: DisposedITAT Nagpur21 Nov 2023AY 2014-15

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.134/Nag/2019 िनधा"रण वष" / Assessment Year : 2014-15 Sunil Narayndas Khatod, The Commissioner Of Nagpuri Gin Compound, Vs Income Tax-1, Behind Old Cotton Market, Nagpur. Nagpur – 444001. Pan: Adepk3087C Appellant/ Assessee Respondent/Revenue Assessee By Shri Rajesh V.Loya – Ca Revenue By Shri Kailash G. Kanojiya – Sr.Dr Date Of Hearing 21/09/2023 Date Of Pronouncement 21/11/2023

Section 143(3)Section 263Section 92B

section 263 of the Act and revising the order be held ab-initio and/ or otherwise void and bad-in-law. WITHOUT PREJUDICE TO GROUND NO I: GROUND II: The Appellant craves leave to add to, amend and/ or alter all or any of the above grounds.” Brief Facts of the case : 2. The Assessee had filed return of Income

VGI MARKETING DIVISION,AKOLA vs. INCOME TAX OFFICER, WARD - 3, AKOLA

In the result, appeal by the assessee stands dismissed

ITA 309/NAG/2023[2011-12]Status: DisposedITAT Nagpur21 Mar 2025AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Shubham JainFor Respondent: Shri Sandipkumar Salunke
Section 133(6)Section 263Section 69C

Section 263 of the Act inserted by the Finance Act, 2015 with effect from 1.6.2015 and pointed out if an order has been passed by the Assessing Officer without making any inquiry or verification 3 VGI Marketing Division ITA no.309/Nag./2023 then it would be a case where the order is deemed to be erroneous

SNNEHSHILP CONSTRUCTIONS,AURANGABAD vs. ITO WARD 1(5), NAGPUR

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

ITA 413/NAG/2023[2005-2006]Status: DisposedITAT Nagpur11 Jul 2024AY 2005-2006

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Milind BhusariFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 144Section 263Section 40

disallowance under section 40(a)(ia) of the Act. Against the order passed by the Assessing Officer, the assessee being aggrieved carried the matter before the first appellate authority. Snnehshilp Constructions ITA no.413/Nag./2023 5. During the appellate proceedings, the learned CIT(A) observed that the assessee claimed TDS on gross contract receipts of ` 3,01,24,661, as against

ASSISTANT COMMISSIONER OF INCOME TAX , CHANDRAPUR CIRCLE , CHANDRAPUR vs. M/S CHANDRAPUR DISTRICT CENTRAL CO-OPRATIVE BANK LIMTED , CHANDRAPUR

In the result, appeal filed by the Revenue is allowed for statistical purposes

ITA 241/NAG/2018[2013-14]Status: DisposedITAT Nagpur21 Aug 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mahavir AtalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 271(1)(c)Section 274Section 36(1)(viia)

disallowance came to be made only on account of non- provisions of the same in the books of account. It is thus evident that the claim made by the appellant in the return of income is bona fide and in no manner of consideration can be said to be mala fide so as to invite penalty

ACIT, CHANDRAPUR CIRCLE , CHANDRAPUR vs. CHANDRAPUR DISTT. CENTRAL CO-OP BANK LTD , CHANDRAPUR

In the result, appeal filed by the Revenue is allowed for statistical purposes

ITA 399/NAG/2019[2015-16]Status: DisposedITAT Nagpur21 Aug 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mahavir AtalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 271(1)(c)Section 274Section 36(1)(viia)

disallowance came to be made only on account of non- provisions of the same in the books of account. It is thus evident that the claim made by the appellant in the return of income is bona fide and in no manner of consideration can be said to be mala fide so as to invite penalty

DEPUTY COMMISSIONER OF INCOME TAX, AMRAVATI & CHANDRAPUR CIRCLE, AMRAVATI vs. CHANDRAPUR DISTRICT CENTRAL CO-OP BANK LTD., CHANDRAPUR

In the result, appeal filed by the Revenue is allowed for statistical purposes

ITA 89/NAG/2022[2018-19]Status: DisposedITAT Nagpur21 Aug 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mahavir AtalFor Respondent: Shri Kailash C. Kanojiya
Section 143(3)Section 271(1)(c)Section 274Section 36(1)(viia)

disallowance came to be made only on account of non- provisions of the same in the books of account. It is thus evident that the claim made by the appellant in the return of income is bona fide and in no manner of consideration can be said to be mala fide so as to invite penalty

THE BULDHANA DISTRICT CENTRAL CO-OP BANK LTD ,BULDHANA vs. DCIT, AKOLA CIRCLE , AKOLA

In the result, appeal filed by the assessee is allowed

ITA 125/NAG/2020[2011-12]Status: DisposedITAT Nagpur12 Dec 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Manoj G. MoryaniFor Respondent: Shri Sandipkumar Salunke
Section 143(1)

263. The return of income was processed under section 143(1) of the Income Tax Act, 1961 ("the Act") on 11/01/2012 and selected for scrutiny. The assessment was completed on a total loss of ` (–) 2,44,14,471, by making addition of ` 2,91,38,000, on account of deduction of excess overdue provision ` 41,42,952, on account

INCOME TAX OFFICER WARD-2, KHAMGAON, KHAMGAON vs. RENUKA OIL INDUSTRIES, KHAMGAON

In the result, Revenue’s appeal stands dismissed

ITA 390/NAG/2024[2013-14]Status: DisposedITAT Nagpur27 Jan 2025AY 2013-14

Bench: Shri V. Durga Rao

For Appellant: NoneFor Respondent: Shri Sandipkumar Salunke
Section 139Section 139(1)Section 139(4)Section 143(2)Section 154Section 35A

section 35AD(4), not disputing the factum or quantum (except disallowance of construction expenses of Rs 1.90.70,349 discussed in succeeding paragraphs) of investment in construction of the warehouse by the appellant and its in principle eligibility for deduction u/s 35AD by the AO, etc, are the various other factors which substantiate the genuineness et the claim of the appellant

GANESH GUPTA,WANI vs. PRINCIPAL COMMISSIONER OF INCOME TAX-2, NAGPUR

Appeal of the assessee is allowed

ITA 54/NAG/2021[2016-17]Status: DisposedITAT Nagpur28 Nov 2023AY 2016-17

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripote

For Appellant: Shri Mahavir Atal, C.AFor Respondent: Shri Kailash Kanojiya, Sr. DR CIT
Section 142Section 143(3)Section 263Section 36(1)(iii)

disallowed the proportionate interest . The Assessee submitted reply in response to notice u/s 263. Assessee submitted to Ld.Pr.CIT that the Assessee had sufficient own capital of Rs.1,49,59,897/- and the Loan of Rs.9385510/- was out of own fund. The Assessee also pleaded before the Ld.Pr.CIT that the AO had verified this issue during the scrutiny assessment hence

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-3, NAGPUR, NAGPUR vs. AMIT KHARA, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 511/NAG/2024[2016-17]Status: DisposedITAT Nagpur23 Jan 2025AY 2016-17

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

For Appellant: Shri Mahavir AtalFor Respondent: Shri Abhay Y. Marathe
Section 143(3)Section 144Section 263

disallowing the claim of agricultural income of Rs 2,24,94,953/-. Present appeal is against the order u/s 143(3) r.w.s. 263 r.w.s. 144B of the Act. 6. In the meanwhile, the appellant had preferred an appeal against the order u/s 263 of the Act passed by the PCIT dated 16.02.2017 before the Hon'ble ITAT, Nagpur