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16 results for “depreciation”+ Section 37(4)clear

Sorted by relevance

Mumbai2,701Delhi2,538Bangalore1,012Chennai896Kolkata504Ahmedabad414Hyderabad233Jaipur206Chandigarh152Raipur148Pune111Surat99Indore97Karnataka83Amritsar70Visakhapatnam64Cochin55Cuttack51Lucknow41Rajkot39Ranchi35SC33Nagpur26Jodhpur24Telangana24Guwahati24Kerala20Patna16Dehradun15Panaji13Allahabad12Calcutta9Agra9Varanasi3Jabalpur2Rajasthan2MADAN B. LOKUR S.A. BOBDE1Punjab & Haryana1D.K. JAIN H.L. DATTU JAGDISH SINGH KHEHAR1Tripura1Gauhati1

Key Topics

Section 44A36Section 271A18Addition to Income10Section 409Deduction9Section 1478Disallowance8Depreciation8Section 2637Penalty

ARYAN FLAVOURS,NOIDA vs. DC/AC CIRCLE-1, MUZAFFARPUR

In the result the appeal of the assessee is allowed

ITA 369/PAT/2025[2018-19]Status: DisposedITAT Patna23 Feb 2026AY 2018-19

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Ita No. 369 /Pat/2025 ( Asstt. Year: 2018-19) Aryan Flavours Vs Dc/Ac Circle-1, Patna B-8, Sector-6, Noida, Gautam Muzaffarpur, Muzaffarpur, Bihar Buddha Nagar, Noida, Noida, Up- 201301 Patna. (Appellant) (Respondent) Pan No. Aabfa3538J Assessee By : Sh. Sanjeev Kr. Anwar, Adv. Revenue By : Sh. Ashwani Kr. Singal, Jcit. Date Of Hearing : 24.11.2025 Date Of Pronouncement : 23.02.2026 Order Per Rajesh Kumar, Am:

For Appellant: Sh. Sanjeev Kr. Anwar, AdvFor Respondent: Sh. Ashwani Kr. Singal, JCIT
Section 30Section 36Section 37(1)

depreciation @ 10% on the said expenditure. 3. In the appellate proceedings, the learned CIT (A) dismissed the appeal of the assessee on this issue by noting that the said expenditure was not allowable under the provisions of section 37(1) which expressly excluded the expenditure which is not in the nature as described in section 30 to section

7
Section 56
Section 206

NORTH BIHAR POWER DISTRUBUTION CO. LTD,PATNA vs. PR. CIT-1, PATNA

In the result, appeal of the assessee is allowed

ITA 224/PAT/2022[2017-18]Status: DisposedITAT Patna30 Mar 2023AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawalassessment Year: 2017-18

For Appellant: Shri Ankit Kumar,FCAFor Respondent: Smt. Rinku Singh, Addl. CIT, DR
Section 143(3)Section 263Section 263(1)Section 263(2)

section (1) after the expiry of two 3 North Bihar Power Distribution Co. Ltd. AY 2017-18 years from the end of the financial year in which the order sought to be revised was passed.” 4. Ground 4: The learned PCIT has erred in law, and passed an order u/s 263 of Income Tax Act, 1961 by non-considering replies

NEHA VERMA,PATNA vs. ACIT CENTAL CIRCLE-1, PATNA

In the result, all the appeals of assessee in ITA No

ITA 233/PAT/2023[2015-16]Status: DisposedITAT Patna13 Sept 2024AY 2015-16

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: NoneFor Respondent: Shri Ashwani Kr. Singal, DR
Section 20Section 271ASection 40Section 44ASection 5

37,418/-. We also noticed that the net profit rate declared by the assessee is approx. 21.31 %, which is much higher than the minimum net profit rate required to be offered by the assessee for falling under the Provisions of Section 44AD of the Act. We also observe that the income ITA Nos. 232 to 237/Pat/2023 Neha Verma; A.Ys

NEHA VERMA,PATNA vs. ACIT CENTRAL CIRCLE -1, PATNA

In the result, all the appeals of assessee in ITA No

ITA 235/PAT/2023[2017-18]Status: DisposedITAT Patna13 Sept 2024AY 2017-18

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: NoneFor Respondent: Shri Ashwani Kr. Singal, DR
Section 20Section 271ASection 40Section 44ASection 5

37,418/-. We also noticed that the net profit rate declared by the assessee is approx. 21.31 %, which is much higher than the minimum net profit rate required to be offered by the assessee for falling under the Provisions of Section 44AD of the Act. We also observe that the income ITA Nos. 232 to 237/Pat/2023 Neha Verma; A.Ys

NEHA VERMA ,PATNA vs. ACIT CENTRAL CIRCLE 1, PATNA

In the result, all the appeals of assessee in ITA No

ITA 237/PAT/2023[2019-20]Status: DisposedITAT Patna13 Sept 2024AY 2019-20

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: NoneFor Respondent: Shri Ashwani Kr. Singal, DR
Section 20Section 271ASection 40Section 44ASection 5

37,418/-. We also noticed that the net profit rate declared by the assessee is approx. 21.31 %, which is much higher than the minimum net profit rate required to be offered by the assessee for falling under the Provisions of Section 44AD of the Act. We also observe that the income ITA Nos. 232 to 237/Pat/2023 Neha Verma; A.Ys

NEHA VERMA,PATNA vs. ACIT CENTRAL CIRCLE 1, PATNA

In the result, all the appeals of assessee in ITA No

ITA 236/PAT/2023[2018-19]Status: DisposedITAT Patna13 Sept 2024AY 2018-19

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: NoneFor Respondent: Shri Ashwani Kr. Singal, DR
Section 20Section 271ASection 40Section 44ASection 5

37,418/-. We also noticed that the net profit rate declared by the assessee is approx. 21.31 %, which is much higher than the minimum net profit rate required to be offered by the assessee for falling under the Provisions of Section 44AD of the Act. We also observe that the income ITA Nos. 232 to 237/Pat/2023 Neha Verma; A.Ys

NEHA VERMA,PATNA vs. ACIT CENTRAL CIRCLE -1, LOKNAYAK BHAWAN

In the result, all the appeals of assessee in ITA No

ITA 234/PAT/2023[2016-17]Status: DisposedITAT Patna13 Sept 2024AY 2016-17

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: NoneFor Respondent: Shri Ashwani Kr. Singal, DR
Section 20Section 271ASection 40Section 44ASection 5

37,418/-. We also noticed that the net profit rate declared by the assessee is approx. 21.31 %, which is much higher than the minimum net profit rate required to be offered by the assessee for falling under the Provisions of Section 44AD of the Act. We also observe that the income ITA Nos. 232 to 237/Pat/2023 Neha Verma; A.Ys

NEHA VERMA,PATNA vs. ACIT CENTRAL CIRCLE 1, LOKNAYAK BHAWAN

In the result, all the appeals of assessee in ITA No

ITA 232/PAT/2023[2014-15]Status: DisposedITAT Patna13 Sept 2024AY 2014-15

Bench: Shri Rajpal Yadav, Vp & Shri Dr. Manish Borad, Am

For Appellant: NoneFor Respondent: Shri Ashwani Kr. Singal, DR
Section 20Section 271ASection 40Section 44ASection 5

37,418/-. We also noticed that the net profit rate declared by the assessee is approx. 21.31 %, which is much higher than the minimum net profit rate required to be offered by the assessee for falling under the Provisions of Section 44AD of the Act. We also observe that the income ITA Nos. 232 to 237/Pat/2023 Neha Verma; A.Ys

I.T.O. vs. M/S KUMAR CONSTRUCLTION,

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

ITA 10/PAT/2015[2009-10]Status: DisposedITAT Patna17 Oct 2023AY 2009-10

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Rajesh Kumar

Section 142(1)Section 143(2)Section 271(1)(b)Section 40A(3)

37,63,600/- 1. 2. Sri Janak Kumar Singh 43,30,000/- 3. Sri Baramdev Yadav 28,60,400/- 4. Sri Ashok Yadav 32,56,424/- 5. Sri Manish Kumar 1,00,000/- ___________________ Total: 1,43,10,424/- ___________________ 13. It is pertinent to mention here that the assessee has not shown this expense separately, in its audit report

ARUN CONSTRUCTION,BHAGALPUR vs. ACIT, CIRCLE-1, BHAGALPUR

In the result, all the appeals (ITA Nos

ITA 315/PAT/2018[2009-10]Status: DisposedITAT Patna12 Aug 2022AY 2009-10
Section 143(3)Section 144Section 145(3)Section 147Section 250(6)Section 40Section 747

37,4451- being income from other sources. The resorting of the provisions of section 147 / 148 is arbitrary, unjustified, void ab-initio and bad in law. In any case, the assessment as completed u/s 143(3) rws 147 of the I T. Act, 1961 is fit to be annulled 1 cancelled. 2.2 For that this is a case of change

ARUN CONSTRUCTION,BHAGALPUR vs. ACIT, CIRCLE-1, BHAGALPUR

In the result, all the appeals (ITA Nos

ITA 314/PAT/2018[2009-10]Status: DisposedITAT Patna12 Aug 2022AY 2009-10
Section 143(3)Section 144Section 145(3)Section 147Section 250(6)Section 40Section 747

37,4451- being income from other sources. The resorting of the provisions of section 147 / 148 is arbitrary, unjustified, void ab-initio and bad in law. In any case, the assessment as completed u/s 143(3) rws 147 of the I T. Act, 1961 is fit to be annulled 1 cancelled. 2.2 For that this is a case of change

ASHOK KUMAR,BHOJPUR vs. ITO, WARD-1, ARA

In the result, the appeal of the assessee is partly allowed as indicated above

ITA 259/PAT/2018[2010-11]Status: DisposedITAT Patna10 Apr 2024AY 2010-11

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 142(1)Section 143(2)Section 148Section 40

4, the grievance of the assessee is that ld. CIT(Appeals) has erred in upholding the addition of Rs.10,56,328/-. The finding of the ld. Assessing Officer deserves to be noted in this regard, which reads as under:- 7 Assessment Year: 2010-2011 Ashok Kumar 8 Assessment Year: 2010-2011 Ashok Kumar 9 Assessment Year: 2010-2011 Ashok Kumar

ACIT, CIRCLE-1, PATNA vs. BIHAR KSHETRIYA GRAMIN BANK, MUNGER

In the result, the appeal of the revenue is dismissed

ITA 257/PAT/2019[2012-13]Status: DisposedITAT Patna08 Dec 2022AY 2012-13

Bench: Dr. Manish Borad & Shri Sonjoy Sarma]

Section 143(3)Section 36(1)(viia)

37,74,508/- but bills for an amount of Rs. 1,36,11,905/- could be filed and remaining amount of Rs. 1,62,603/- were not able to filed by the assessee. Similarly, in relation to furniture & fixtures, bills were not produced for an amount of Rs. 17,85,223/-. Accordingly, the ld. AO reduced the depreciation claimed

JOINT COMMISSIONER INCOME-TAX(IN-SITU), CIRCLE-1, PATNA, PATNA vs. NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED, PATNA

In the result, the appeals of the Revenue and COs of the\nassessee are dismissed

ITA 99/PAT/2025[2013-14]Status: DisposedITAT Patna23 Feb 2026AY 2013-14

depreciation is calculated on the reduced value of fixed assets. The\nAO however noted that no corroborative documentary evidence was filed in\nrespect of the above contention. Therefore, the interest amount on grant\npartakes the nature of revenue receipt and is to be accounted accordingly.\nTherefore, the addition of Rs. 28,78,62,239/- was made.\n6.4. We therefore find

JCIT(IN-SITU), CIRCLE-1, PATNA., PATNA vs. NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED, PATNA

In the result, the appeals of the Revenue and COs of the\nassessee are dismissed

ITA 140/PAT/2025[2015-16]Status: DisposedITAT Patna23 Feb 2026AY 2015-16
For Appellant: Sh. Ankit Kumar, CAFor Respondent: Md. A. H. Chowdhary, CIT (DR)

depreciation is calculated on the reduced value of fixed assets. The\nAO however noted that no corroborative documentary evidence was filed in\nrespect of the above contention. Therefore, the interest amount on grant\npartakes the nature of revenue receipt and is to be accounted accordingly.\nTherefore, the addition of Rs. 28,78,62,239/- was made.\n6.4. We therefore find

DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, PATNA, PATNA vs. NORTH BIHAR POWER DISTRIBUTION COMPANY LIMITED, PATNA

In the result, the appeals of the Revenue and COs of the assessee are dismissed

ITA 234/PAT/2025[2017-18]Status: DisposedITAT Patna23 Feb 2026AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am

For Appellant: Sh. Ankit Kumar, CAFor Respondent: Md. A. H. Chowdhary, CIT (DR)

depreciation is calculated on the reduced value of fixed assets. The AO however noted that no corroborative documentary evidence was filed in respect of the above contention. Therefore, the interest amount on grant partakes the nature of revenue receipt and is to be accounted accordingly. Therefore, the addition of Rs. 28,78,62,239/- was made. 6.4. We therefore find