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6 results for “disallowance”+ Section 32(2)clear

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Key Topics

Section 14812Section 143(3)4Section 14A3Section 143(1)3Depreciation3Section 260A2Section 142(1)2Reassessment2Reopening of Assessment2

M/S.SHEETAL REAL vs. INCOME TAX OFFICER

In the result, the appeal fails and the substantial questions of law

ITA/83/2010HC Orissa08 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 260ASection 372A

2) was issued on 20 October 2006. Thereafter notices under section 142 (1) was issued on several dates and the case was discussed with the authorised representative of the assessee. During the course of assessment proceedings several queries were raised by the assessing officer and in this appeal we are concerned about the issue as to whether the profit

ASHIRBAD BEHERA vs. ASST.COMMNR.OF INCOME TAX

In the result, the appeal [ITA/7/2020] filed by the

ITA/19/2015HC Orissa03 Mar 2022

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 27Th February, 2023 Appearance : Mr. Smita Das De, Adv. …For The Appellant. Mr. J.P. Khaitan, Sr. Adv. Mr. Pratyush Jhunjhunwala, Adv. Ms. Swapna Das, Adv. …For The Respondent.. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 18Th May, 2016 Passed By The Income Tax Appellate Tribunal, “B” Bench, Kolkata (The Tribunal) In Ita No.665/Kol/2012 & Ita No.325/Kol/2012 For The Assessment Year 2008-09. The Appeal Was Admitted On 12Th December, 2019 On The Following Substantial Question Of Law: “(I) Whether On The Facts & In The Circumstances Of The Case, The Learned Income Tax Appellate Tribunal Erred In Law In Holding That The Assessee Has Sufficient Own Funds, Expenditure By Way Of Interest Are Not To Be Taken In Account

Section 14ASection 260ASection 32(1)(iia)

disallowance under section 14A read with Rule 8D(2)(ii) of the Income Tax Act, 1961? (ii) Whether the assessee is entitled to claim the left over portion of depreciation of Rs 9,02,49,544/- being the carry forward figure from the previous year under section 32

COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. M/S. ROLAND EDUCATIONAL AND CHARITABLE TRUST

ITA/25/2022HC Orissa09 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 143(1)Section 143(3)Section 148

disallowances u/ s 14A read with rule 8D also applicable in the case. The statement given by Shri Himanshu Verma also establishes the link with the self-confessed “accommodation entry providers” whose business is to help assessees bring back their unaccounted money into This is a digitally signed order. The authenticity of the order can be re-verified from Delhi

PRINCIPAL COMMISSIONER OF INCOME TAX 1 vs. PARBATI MOHAPATRA

ITA/19/2022HC Orissa08 Feb 2023

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

Section 143(1)Section 143(3)Section 148

disallowances u/ s 14A read with rule 8D also applicable in the case. The statement given by Shri Himanshu Verma also establishes the link with the self-confessed “accommodation entry providers” whose business is to help assessees bring back their unaccounted money into This is a digitally signed order. The authenticity of the order can be re-verified from Delhi

COMNR.OF INCOME TAX vs. NEELACHAL ISPAT NIGA

Appeals are dismissed

ITA/119/2013HC Orissa21 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 260

2. Assessee is a Private Limited Company. Under the impugned order, the Appellate Tribunal had in fact allowed the appeals of the assessee though termed it as for statistical purposes, had directed the Assessing Officer to examine the claims put forth by the assessee to reconsider the question of allowing depreciation on goodwill part of the assessee and for such

INDUSTRIAL INCUBATOR vs. DY.COMMNR.OF I.T.

ITA/179/2004HC Orissa10 Nov 2021

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE ADITYA KUMAR MOHAPATRA

Section 142(1)Section 143(3)Section 148

2. The appeal itself arises out of an order dated 30th April, 2004 of the Income Tax Appellate Tribunal (ITAT) dismissing the Appellant-Assesee’s appeal for the Assessment Years (AYs) 1994-95 and 1995-96. The said appeals before the ITAT bearing Nos.168 and 169/CTK/2001 were in turn directed against the common order dated 3rd January