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128 results for “disallowance”+ Section 10(3)clear

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Key Topics

Addition to Income73Section 143(3)68Section 25055Section 26345Disallowance44Section 80I39Section 153A32Section 14731Section 143(2)28Deduction

ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, MUZAFFARPUR, MUZAFFARPUR vs. AJIT KUMAR, BETTIAH

In the result, the appeal filed by the Revenue is dismissed

ITA 239/PAT/2024[2017]Status: DisposedITAT Patna29 Sept 2025

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115BSection 143(3)Section 148Section 250Section 40A(3)Section 69

section 40A(3) disallowance. 7. The invocation of Sec. 40A(3) as well as estimating a net profit @5.39% of the estimated out of books turnover shall not go hands in hand as it will lead to double taxation of the same income. Once the net income rate is applied, obviously the income determined takes care of all the provisions

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

Showing 1–20 of 128 · Page 1 of 7

28
Section 13223
Natural Justice17

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)

3. In these grounds, the Revenue has pleaded that ld. CIT(Appeals) has erred in rejecting the books of account and estimating the profits, whereas ld. Assessing Officer has specifically made disallowances of Rs.1,44,87,045/- and Rs.1,43,10,424/- under sections

PUNRASAR JUTE PARK LIMITED,PURNEA vs. CIT, PURNEA

In the result, the appeal of the assessee is allowed

ITA 432/PAT/2024[2015-16]Status: DisposedITAT Patna05 Sept 2024AY 2015-16

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

Section 133(6)Section 142(1)Section 142(2)Section 143(1)Section 143(3)Section 147Section 148

10. On the given set of facts, where the alleged unsecured loan/ cash creditors have already been examined by the ld. Assessing Officer in the regular assessment proceedings u/s 143(3) of the Act and there is no transaction at all between third party, i.e. M/s. Ruby Tracom Pvt. Limited and assessee-company, the reopening proceedings cannot be held

BIHAR STATE ROAD DEVELOPMENT CORPN. LTD.,PATNA vs. ACIT, CIRCLE 2, PATNA

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

ITA 332/PAT/2024[2014-15]Status: DisposedITAT Patna24 Jul 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 37Section 80I

Section 143(3) of the Act for Assessment Year 2014-15 by the Ld. assessing officer, viz. the Assistant Commissioner of Income Tax, Circle 2, Patna and that an assessment concluded u/s 143(3) of the Act cannot be assessed solely on the ground of change of opinion. I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024

BIHAR STATE ROAD DEVELOPMENT CORPN. LTD.,PATNA vs. ACIT, CIRCLE 2, PATNA

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

ITA 331/PAT/2024[2013-14]Status: DisposedITAT Patna24 Jul 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 37Section 80I

Section 143(3) of the Act for Assessment Year 2014-15 by the Ld. assessing officer, viz. the Assistant Commissioner of Income Tax, Circle 2, Patna and that an assessment concluded u/s 143(3) of the Act cannot be assessed solely on the ground of change of opinion. I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024

BIHAR STATE ROAD DEVELOPMENT CORPORATION LIMITED,PATNA vs. ITO WARD 2(1) PATNA, PATNA

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

ITA 330/PAT/2024[2012-13]Status: DisposedITAT Patna24 Jul 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 37Section 80I

Section 143(3) of the Act for Assessment Year 2014-15 by the Ld. assessing officer, viz. the Assistant Commissioner of Income Tax, Circle 2, Patna and that an assessment concluded u/s 143(3) of the Act cannot be assessed solely on the ground of change of opinion. I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024

BIHAR STATE ROAD DEVELOPMENT CORPN.LTD.,PATNA vs. CIT (APPEAL), DELHI

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

ITA 335/PAT/2024[2018-19]Status: DisposedITAT Patna24 Jul 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 37Section 80I

Section 143(3) of the Act for Assessment Year 2014-15 by the Ld. assessing officer, viz. the Assistant Commissioner of Income Tax, Circle 2, Patna and that an assessment concluded u/s 143(3) of the Act cannot be assessed solely on the ground of change of opinion. I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024

BIHAR STATE ROAD DEVELOPMENT CORPORATION LIMITED,PATNA vs. ACIT, COR-2, PATNA

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

ITA 334/PAT/2024[2017-18]Status: DisposedITAT Patna24 Jul 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 37Section 80I

Section 143(3) of the Act for Assessment Year 2014-15 by the Ld. assessing officer, viz. the Assistant Commissioner of Income Tax, Circle 2, Patna and that an assessment concluded u/s 143(3) of the Act cannot be assessed solely on the ground of change of opinion. I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024

BIHAR STATE ROAD DEVELOPMENT CORPORATION LTD,PATNA vs. ACIT, CIR-2, P)ATNA

In the result, all the appeals filed by the assessee are partly allowed for statistical purposes

ITA 333/PAT/2024[2014-15]Status: DisposedITAT Patna24 Jul 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(3)Section 250Section 37Section 80I

Section 143(3) of the Act for Assessment Year 2014-15 by the Ld. assessing officer, viz. the Assistant Commissioner of Income Tax, Circle 2, Patna and that an assessment concluded u/s 143(3) of the Act cannot be assessed solely on the ground of change of opinion. I.T.A. Nos.: 330, 331, 332, 333, 334 & 335/PAT/2024

ITO, WARD-2(1), BEGUSARAI, BEGUSARAI vs. MANISH KUMAR MOTANI, KHAGARIA, BIHAR

In the result, the appeal of the Revenue and CO of the Assessee are dismissed

ITA 442/PAT/2024[2017-18]Status: DisposedITAT Patna26 Feb 2026AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Vp & Shri Rajesh Kumar, Am Ito, Ward 2(1), Begusarai Manish Kumar Motani, 3Rd Floor, G.S. Motors Building, Manish Kumar Motani, Hanuman Har Har Mahadev Chauk, Traders, Mill Road, Khagaria, Vs. Begusarai-851101, Begusarai, Khagaria, Bihari-851204 Bihar-851101 (Appellant) (Respondent) Pan No. Ajjpm4263D Co No. 02/Pat/2025 (Arising In Ita No. 442/Pat/2024 For A.Y. 2017-18) Ito, Ward 2(1), Begusarai Manish Kumar Motani, 3Rd Floor, G.S. Motors Building, Manish Kumar Motani, Hanuman Har Har Mahadev Chauk, Traders, Mill Road, Khagaria, Vs. Begusarai-851101, Begusarai, Khagaria, Bihari-851204 Bihar-851101 (Applicant) (Respondent) Assessee By : S/Shri A.K. Rastogi, S.K. Duta, Ars Revenue By : Shri A.H. Chowdhary, Dr Date Of Hearing: 24.11.2025 Date Of Pronouncement: 26.02.2026

For Appellant: S/Shri A.K. RastogiFor Respondent: Shri A.H. Chowdhary, DR
Section 133ASection 40A(3)

disallowance computed at the rate of 10% on Freight & wages expenses, Miscellaneous expenses, travelling and conveyance expenses etc. 6. In the appellate proceedings, the learned CIT (A) partly allowed the appeal of the assessee by deleting the first addition of ₹8,02,45,293/- made by the learned Assessing Officer under Section 40A(3

ACIT, PATNA vs. NEW ERA SOCIAL DEVELOPMENT WELFARE SOCIETY, PATNA

Appeal is treated as allowed for statistical purposes

ITA 296/PAT/2023[2017-18]Status: DisposedITAT Patna04 Feb 2025AY 2017-18
Section 10Section 11Section 12Section 12ASection 12A(1)(b)Section 139(1)Section 144Section 2Section 250Section 288

disallowed by the undersigned. After due consideration of facts & circumstances and verification of documents available in this office, the income of the assessee AOP/BOI is computed u/s 144 i.e. Best Judgment Assessment as Rs. 5,80,39,300/-.” 1.2 Aggrieved with this action, the assessee approached the Ld. CIT(A), who has in principle supported the action

BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD,PATNA vs. ACIT(EXEMPTIONS CIRCLE), PATNA

In the result, both the appeals of the assessee are allowed

ITA 25/PAT/2018[14-15]Status: HeardITAT Patna13 Jun 2022
Section 10Section 40

10(23C)(iiiad) of the Act. The claim of exemption has, however, been disallowed on the ground inter alia that the assessee is not wholly and substantially financed by the Government and is also not involved in educational activities. The ld. Assessing Officer also disallowed payments made to printer amounting to Rs.2,85,85,395/- under section

BIHAR COMBINED ENTRANCE COMPETITIVE EXAMINATION BOARD,PATNA vs. ACIT(EXEMPTIONS CIRCLE), PATNA

In the result, both the appeals of the assessee are allowed

ITA 26/PAT/2018[2009-10]Status: HeardITAT Patna13 Jun 2022AY 2009-10
Section 10Section 40

10(23C)(iiiad) of the Act. The claim of exemption has, however, been disallowed on the ground inter alia that the assessee is not wholly and substantially financed by the Government and is also not involved in educational activities. The ld. Assessing Officer also disallowed payments made to printer amounting to Rs.2,85,85,395/- under section

KUMAR ARUNODAYA,PATNA vs. ASSISTANT COMMISSIONER OF INCOME TAX - 6, PATNA [NEW – DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE – 2, PATNA], PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 96/PAT/2021[2016-17]Status: HeardITAT Patna07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

10,00,000/-from Rohit Engicon Pvt. Ltd.. However no confirmations were filed. Thereafter the AO again requested and called upon the assessee to submit the same but remained non complied. Finally the AO added the same to the income of the assessee on the ground that the assessee has not submitted any details. 21. In the appellate proceedings

ACIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 94/PAT/2020[2012-13]Status: HeardITAT Patna07 Nov 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

10,00,000/-from Rohit Engicon Pvt. Ltd.. However no confirmations were filed. Thereafter the AO again requested and called upon the assessee to submit the same but remained non complied. Finally the AO added the same to the income of the assessee on the ground that the assessee has not submitted any details. 21. In the appellate proceedings

KUMAR ARUNOSAYA,PATNA vs. A.O., CIRCLE-6, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 33/PAT/2020[2013-14]Status: HeardITAT Patna07 Nov 2023AY 2013-14

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

10,00,000/-from Rohit Engicon Pvt. Ltd.. However no confirmations were filed. Thereafter the AO again requested and called upon the assessee to submit the same but remained non complied. Finally the AO added the same to the income of the assessee on the ground that the assessee has not submitted any details. 21. In the appellate proceedings

DCIT, CIRCLE-4, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 89/PAT/2020[2012-13]Status: HeardITAT Patna07 Nov 2023AY 2012-13

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

10,00,000/-from Rohit Engicon Pvt. Ltd.. However no confirmations were filed. Thereafter the AO again requested and called upon the assessee to submit the same but remained non complied. Finally the AO added the same to the income of the assessee on the ground that the assessee has not submitted any details. 21. In the appellate proceedings

ACIT, CENTRAL CIRCLE-2, PATNA vs. KUMAR ARUNODAYA, PATNA

In the result, the appeals of the assessee are allowed, the appeals of the revenue is dismissed and the Cross-objections of the assessee are also dismissed

ITA 98/PAT/2021[2016-17]Status: HeardITAT Patna07 Nov 2023AY 2016-17

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 143(3)Section 23

10,00,000/-from Rohit Engicon Pvt. Ltd.. However no confirmations were filed. Thereafter the AO again requested and called upon the assessee to submit the same but remained non complied. Finally the AO added the same to the income of the assessee on the ground that the assessee has not submitted any details. 21. In the appellate proceedings

RUSHATAM KHAN,PURNEA vs. ACIT, CIRCLE-3, PURNEA

In the result, both the appeals of the assessee for AYs 2013-

ITA 329/PAT/2018[2014-15]Status: HeardITAT Patna22 Jul 2022AY 2014-15

Bench: Sri Manish Borad & Sri Sonjoy Sarma

Section 234ASection 250(6)Section 271(1)(c)

3. For that the CIT (Appeal) erred in passing ex-parte order confirming disallowance and addition of Rs.8125/- i.e. 10% of travelling & conveyance expenses of Rs. 81,950/- a sum of (Rs.62,988/- + 18,962/-) relevant with two business M/s Khan Traders and M/s Khan Brothers discussed, disallowed and added at Para B of the order passed by Ld. assessing

RUSHATAM KHAN,PURNEA vs. ACIT, CIRCLE-3, PURNEA

In the result, both the appeals of the assessee for AYs 2013-

ITA 328/PAT/2018[2013-14]Status: HeardITAT Patna22 Jul 2022AY 2013-14

Bench: Sri Manish Borad & Sri Sonjoy Sarma

Section 234ASection 250(6)Section 271(1)(c)

3. For that the CIT (Appeal) erred in passing ex-parte order confirming disallowance and addition of Rs.8125/- i.e. 10% of travelling & conveyance expenses of Rs. 81,950/- a sum of (Rs.62,988/- + 18,962/-) relevant with two business M/s Khan Traders and M/s Khan Brothers discussed, disallowed and added at Para B of the order passed by Ld. assessing