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40 results for “disallowance”+ Section 40A(3)clear

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Key Topics

Section 143(3)50Section 40A(3)37Section 153A35Addition to Income34Disallowance30Section 4023Section 26322Section 25021Section 14717Section 80P(2)(d)

ASSTT. CIT CENTRAL CIRCLE-1(1), NAGPUR vs. SMT. JOTI SURESH BAJORIA , NAGPUR

In the result, appeal of the Revenue is dismissed

ITA 151/NAG/2018[2013-2014]Status: DisposedITAT Nagpur31 Aug 2023AY 2013-2014

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.151/Nag/2018 िनधा"रण वष" / Assessment Year : 2013-14 The Assistant Smt. Jyoti Suresh Bajoria, Commissioner Of Income V 402/403, Jagat Plaza, Law Tax, Circle-1(1), S College Square, Amravati Nagpur. Road, Nagpur – 440010. Pan: Abrpb2740G Appellant / Revenue Respondent /Assessee Assessee By Shri Kapil Sharma– Ar Revenue By Shri Kailash Kanojiya – Dr Date Of Hearing 28/08/2023 Date Of Pronouncement 31/08/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue I.E.Acit, Circle-1(1), Nagpur Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-3, Nagpur Dated 26.03.2018 Emanating From The Assessment Order Under Section 143(3) R.W.S 153A Income Tax Act, 1961 (In Short “The Act”). The Revenue Has Raised Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, Smt. Jyoti Suresh Bajoria [R]

Section 143(3)Section 40A(3)

disallowance under section 40A(3) as assessee has made certain purchases in cash in violation of section 40A(3). Aggrieved

Showing 1–20 of 40 · Page 1 of 2

16
Deduction12
House Property10

ITO WARD-1(1) NAGPUR, NAGPUR vs. ASHWAMI SALES AND MARKETING PVT.LTD, NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 294/NAG/2023[2013-14]Status: DisposedITAT Nagpur21 Aug 2024AY 2013-14

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

For Appellant: Shri Hitesh P. ShahFor Respondent: Shri Kailash C. Kanojiya
Section 143(1)Section 194(7)Section 194CSection 194C(6)Section 194C(7)Section 40Section 40A(2)(b)

3. Facts in Brief:– The assessee respondent filed its return of income for the year under consideration on 29/09/2013, disclosing total loss of ` 1,98,082. The return of income was processed under section 143(1) of the Act and subsequently, the case was selected for scrutiny through CASS and the Assessing Officer, while completing the assessment, disallowance under section

INCOME TAX OFFICER, WARD -2, WARDHA, WARDHA vs. PADMAKAR KRUSHNAJI WARBHE, HINGANGHAT

In the result, the appeal of the revenue is dismissed

ITA 377/NAG/2024[2018-19]Status: DisposedITAT Nagpur12 Mar 2026AY 2018-19
Section 143(3)Section 254(1)Section 40A(3)

3) and held that no disallowance under section 40A(3) can be made. The\nId. CIT(A) also recorded the fact

AJAZ AHMAD,AKOLA vs. INCOME TAX OFFICER, WARD-1, AKOLA

In the result, appeal by the assessee is allowed

ITA 132/NAG/2023[2014-15]Status: DisposedITAT Nagpur28 Jan 2025AY 2014-15

Bench: Shri V. Durga Rao

For Appellant: Shri Mahavir AtalFor Respondent: Shri Abhay Y. Marathe
Section 40A(3)

section 40A(3) of the Act. These six persons, besides being Cultivator are Agents of Cultivators, the assessee furnished affidavits of four persons confirming same facts. Affidavits of 2 persons were not available immediately, so the Assessing Officer disallowed

ALEXIS MULTI SPECIALITY HOSPITAL PVT. LTD,NAGPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CPC, BANGLORE

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

ITA 55/NAG/2023[2018-19]Status: DisposedITAT Nagpur18 Sept 2024AY 2018-19

Bench: Shri V. Durga Rao

For Appellant: Shri Kapil HiraniFor Respondent: Shri Abhay Y. Marathe
Section 143(1)(a)Section 37Section 40A(3)Section 40A(7)

disallowance of expense u/s. 40A(3) being amount in excess of twenty thousand rupees paid in a day otherwise than by account payee cheque / account payee bank draft of Rs.1,43,866/-: 4:1 The CPC-Bangalore/Assessing Officer has erred in making an adjustment to the returned income of the Appellant in spite of the clarifications being provided

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

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

ABC REALTY PRIVATE LIMITED,AMRAVATI vs. INCOME TAX OFFICER, AMRAVATI

In the result, appeal of the assessee is allowed

ITA 420/NAG/2023[2011-12]Status: DisposedITAT Nagpur16 Jun 2025AY 2011-12
For Appellant: Shri K.P. Dewani, Ld. AdvocateFor Respondent: Shri Anand Nagrale, Ld. Sr. DR
Section 143(3)Section 147Section 250Section 40A(3)

disallowance u/sec. 40A(3) of the Act, without issuing any fresh notice for this issue/count, which is un-sustainable, specifically in view of the judgment passed by the Hon'ble Bombay High Court in the case of CIT vs. Jet Airways (I) Ltd. (2011) 331 ITR 236, wherein it has been held as under:-\n“21.\n.Sec. 147 has this

ASSISTANT COMISSIONER CENTRAL CIRCLE 1(3), NAGPUR vs. M/S SHRIGOPAL RAMESHKUMAR SALES PVT. LTD , NAGPUR

In the result, appeal filed by the Revenue is dismissed

ITA 135/NAG/2018[2015-2016]Status: DisposedITAT Nagpur21 Jan 2025AY 2015-2016

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

For Appellant: Shri Kapil HiraniFor Respondent: Shri Sandipkumar Salunke
Section 132Section 132(1)Section 139Section 69C

section 40A(3) so as to warrant any disallowance under those heads as per law. 18. That with respect to the addition

SHREE GANESH BUILDERS LTD.,NAGPUR vs. DCIT, CIRCLE 1, NAGPUR

ITA 626/NAG/2024[2014-15]Status: DisposedITAT Nagpur24 Feb 2026AY 2014-15

Bench: Shri Pawan Singh, Jm & Shri Khettra Mohan Roy, Am

For Appellant: Shri Himesh Demble, CAFor Respondent: Shri Surjit Kumar Saha
Section 143(3)Section 40A(3)

Section 40 A(3) reads as under: 40A. Expenses or payments not deducible in certain circumstances (1) ……. (2) (3) Where the assessee incurs any expenditure in respect of which a payment or aggregate or payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty

SHREE GANESH BUILDERS LTD.,NAGPUR vs. DCIT, CIRCLE 1, NAGPUR

ITA 625/NAG/2024[2013-14]Status: DisposedITAT Nagpur24 Feb 2026AY 2013-14

Bench: Shri Pawan Singh, Jm & Shri Khettra Mohan Roy, Am

For Appellant: Shri Himesh Demble, CAFor Respondent: Shri Surjit Kumar Saha
Section 143(3)Section 40A(3)

Section 40 A(3) reads as under: 40A. Expenses or payments not deducible in certain circumstances (1) ……. (2) (3) Where the assessee incurs any expenditure in respect of which a payment or aggregate or payments made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft, exceeds twenty

AHSAAN QURESHI,NAGPUR vs. ACIT CIRCLE-2, NAGPUR

In the result, appeal filed by the assessee is allowed

ITA 323/NAG/2023[2009-10]Status: DisposedITAT Nagpur09 Sept 2024AY 2009-10

Bench: Shri V. Durga Rao

For Appellant: Shri Sandeep JainFor Respondent: Shri Abhay Y. Marathe
Section 194HSection 201(1)Section 40Section 40A(2)(b)Section 40a

disallowed the amount of ` 3 lakh under section 40A(2)(b) of the Act. The learned CIT(A) confirmed the addition

DURGAPUR RAYATWARI COLLIERY KAMGAR SAHAKARI PAT SANSTHA,CHANDRAPUR vs. ITO WARD-2, CHANDRAPUR

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

ITA 212/NAG/2024[2020-21]Status: DisposedITAT Nagpur28 Nov 2024AY 2020-21

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

For Appellant: Ms. Alfiya RozieFor Respondent: Shri Abhay Y. Marathe
Section 143(1)Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)

disallowances made under section 32, 40(a)(ia), 40A(3), 43B, etc of the Act and other specific disallowances , related

DURGAPUR RAYATWARI COLLIERY KAMGAR SAHAKARI PAT SANSTHA,CHANDRAPUR vs. ITO WARD 2, CHANDRAPUR

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

ITA 211/NAG/2024[2018-19]Status: DisposedITAT Nagpur28 Nov 2024AY 2018-19

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

For Appellant: Ms. Alfiya RozieFor Respondent: Shri Abhay Y. Marathe
Section 143(1)Section 143(2)Section 80PSection 80P(2)(a)Section 80P(2)(c)Section 80P(2)(d)

disallowances made under section 32, 40(a)(ia), 40A(3), 43B, etc of the Act and other specific disallowances , related

DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-1(3), NAGPUR vs. M/S. FUELCO COAL INDIA LTD., NAGPUR

Appeal of the Revenue is dismissed

ITA 90/NAG/2022[2014-15]Status: DisposedITAT Nagpur14 Feb 2025AY 2014-15

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

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Sandipkumar Salunke
Section 143(2)Section 143(3)Section 36(1)(iii)Section 40Section 40aSection 68

section 143(3) of the Act was completed vide order dated 3 M/s. Fuel Co. Coal India Ltd. ITA no.90/Nag./2022 29/12/2016, determining total income at ` 7,64,84,380, after making the following addition:– Sr. Description Amount (`) no. Unexplained cash credit u/s 68 on account of share 1. capital and premium received from M/s Saphire

DY. C.I.T. CENTRAL CIR2(2), NAGPUR vs. M/S SHREE AGRAWAL COAL INDIA PVT. LTD.,, NAGPUR

In the result, Revenue’s appeal stands dismissed

ITA 19/NAG/2016[2011-12]Status: DisposedITAT Nagpur15 May 2025AY 2011-12

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

For Appellant: Shri Sachin V. LuthraFor Respondent: Shri Harshad S. Vengurlekar
Section 132Section 139(1)Section 143(3)Section 153ASection 2(22)Section 2(22)(e)Section 40A(2)(b)

section 153A, the Assessing Officer made various additions by examining the Profit & Loss Account, Tax Audit Report determining total assessed income at ` 41,20,69,270, by making following additions:– 1. Addition for purchases ` 3,03,94,825 Agricultural income treated as business 2. ` 3,74,537 income ` 36,89,290 3. Disallowance u/s 40A

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, appeals filed by the Revenue are dismissed

ITA 173/NAG/2016[2008-09]Status: DisposedITAT Nagpur21 Mar 2025AY 2008-09
Section 143(3)Section 153A

disallowance of brought forward\nlosses, without going into the merits of the case.\n16. Any other ground that may be urged at the time of hearing.\"\n3. At the outset, the learned Authorized Representative appearing for\nthe assessee submitted that the tax effect on the amount disputed by the\nRevenue is below the revised monetary limit of Rs.60 lakhs applicable

INCOME TAX OFFICER WARD 1(4), NAGPUR vs. RAHI MAHILA NAGRI SAHAKARI PATSANSTHA LIMITED, NAGPUR

In the result, appeal by the Revenue stands dismissed

ITA 56/NAG/2025[2020-21]Status: DisposedITAT Nagpur21 Mar 2025AY 2020-21

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

For Appellant: Ms. Alfiya RozieFor Respondent: Shri Abhay Y. Marathe
Section 80PSection 80P(2)(a)Section 80P(2)(d)

disallowance made under sections 32, 40(a)(ia), 40A(3), 43B, etc. of the Act and other specific disallowances, related

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S SHREE AGRAWAL FINANCE INDIA P. LTD.,, NAGPUR

In the result, Revenue’s appeal is dismissed

ITA 176/NAG/2016[2011-12]Status: DisposedITAT Nagpur15 May 2025AY 2011-12

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

For Appellant: Shri Sachin V. LuthraFor Respondent: Harshad S. Vengurlekar
Section 10(34)Section 10(35)Section 132Section 139(1)Section 143(3)Section 153ASection 24

section 10(3) of the Act. Ground no.5, raised by the Revenue is thus dismissed by upholding the impugned order passed by the learned CIT(A). 18. Ground no.6, raised by the Revenue relates to the addition of ` 68,02,624, made on account of unexplained unsecured loans. 19. The observations of the learned CIT(A) while deleting the addition

DY. C.I.T. CENTRAL CIR.-2(2), NAGPUR vs. M/S THANJAVUR COMMERCE PVT. LTD.,, NAGPUR

In the result, appeals filed by the Revenue are dismissed

ITA 178/NAG/2016[2011-12]Status: DisposedITAT Nagpur21 Mar 2025AY 2011-12
Section 143(3)Section 153A

disallowance of brought forward\nlosses, without going into the merits of the case.\n16. Any other ground that may be urged at the time of hearing.\"\n3. At the outset, the learned Authorized Representative appearing for\nthe assessee submitted that the tax effect on the amount disputed by the\nRevenue is below the revised monetary limit of Rs.60 lakhs applicable