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68 results for “disallowance”+ Section 40clear

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Key Topics

Addition to Income51Disallowance39Section 25037Section 4031Section 143(3)26Section 153A25Section 14724Deduction22Section 40A(3)17Section 11

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)

disallowances of Rs.1,44,87,045/- and Rs.1,43,10,424/- under sections 40A(3) and 40(a)(ia) of the Income

GUPTA JI BROTHERS RICE PRIVATE LIMITED,DALMIA NAGAR vs. DCIT CIRCLE-3, GAYA

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

ITA 33/PAT/2023[2014-15]Status: DisposedITAT Patna

Showing 1–20 of 68 · Page 1 of 4

17
Section 143(2)16
Survey u/s 133A13
13 Jan 2025
AY 2014-15

Bench: SHRI SONJOY SARMA, JUDICIAL MEMBER SHRI SANJAY AWASTHI (Accountant Member)

Section 194CSection 194HSection 250Section 37(1)Section 40

disallowance of Rs. 74,025/- are too exacting for allowability for expenses under Section 37(1) of the Act. We accordingly direct that the quantum of said expenditure added back, should be deleted. 3.1 Regarding the addition of Rs. 7,01,962/- under Section 40

RAVI LOCHAN SINGH,PATNA vs. ACIT, CIRCLE-5, PATNA

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

ITA 124/PAT/2020[2011-12]Status: DisposedITAT Patna08 Jan 2025AY 2011-12

Bench: SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI SANJAY AWASTHI (Accountant Member)

Section 250Section 32Section 32(1)

section 40(a)(ia) is attracted here also. Hence, It is my opinion that the assessee has claimed Rs. 9,05,981/- under the head of commission but he has not deducted TDS on the payments u/s 194H. Therefore, the AO proceeded to make disallowance

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

disallowed payments made to printer amounting to Rs.2,85,85,395/- under section 40(a)(ia) of the Income Tax Act (hereinafter

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

disallowed payments made to printer amounting to Rs.2,85,85,395/- under section 40(a)(ia) of the Income Tax Act (hereinafter

ANIL KUMAR,NALANDA vs. ITO, WARD- 2 (3), BIHARSHARIF

In the result, the appeal of the assessee is allowed

ITA 361/PAT/2023[2014-15]Status: DisposedITAT Patna03 Oct 2024AY 2014-15

Bench: Shri Rajpal Yadav & Shri Dr. Manish Boradi.T.A. No. 361/Pat/2023 Assessment Year: 2014-15 Anil Kumar National Faceless Assessment Centre M/S Raj Trading Company, Nfac, Delhi Harnaut, Nalanda, Patna-803110 Vs Bihar [Pan : Azopc268H] अपीलार्थी/ (Appellant) प्रत्‍यर्थी/ (Respondent)

For Appellant: Shri AK Rastogi, Sr. AdvFor Respondent: Shri Ashwani Kumar, Sr. DR
Section 144BSection 147Section 194JSection 40

disallowance of Rs. 1,44,000/-by the AO is justified in view of Section 40(a)(ia). 10. For that

DCIT, CIRCLE-4, PATNA, DAKBANGLOW CHAURAHA PATNA vs. KRISHNA SEEDS, SP VERMA ROAD PATNA

In the result, appeal in ITA No

ITA 164/PAT/2025[2014-15]Status: DisposedITAT Patna01 Sept 2025AY 2014-15
Section 40

disallowance made by the Assessing Officer by applying the provisions of section 40(a)(ia) of the Act on account

RAVI LOCHAN SINGH,PATNA vs. ITO, WARD-5(1), PATNA

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

ITA 2/PAT/2021[2013-14]Status: DisposedITAT Patna17 May 2023AY 2013-14

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 194HSection 40

disallowed under section 40(a)(ia) on the ground that TDS was not deducted. The assessee has filed evidence, copy

RAVI LOCHAN SINGH,PATNA vs. ITO, WARD-5(1), PATNA

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

ITA 1/PAT/2021[2012-13]Status: DisposedITAT Patna17 May 2023AY 2012-13

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 194HSection 40

disallowed under section 40(a)(ia) on the ground that TDS was not deducted. The assessee has filed evidence, copy

DEEPAK SHRAWAN BUDHIA,MUMBAI vs. PR. COMMISSIONER OF I.T., PATNA-1, PATNA

In the result, appeal of the assessee is dismissed

ITA 365/PAT/2025[2018-19]Status: DisposedITAT Patna19 Jan 2026AY 2018-19

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

Section 147Section 263Section 40

disallowance of expenditure on account of non-deduction of TDS on freight as per provisions of section 40(a)(ia) of the 1. T. Act, 1961 was passed

ARANYA CLEARERS,GAYA vs. ITO, WARD-3(1), GAYA

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 319/PAT/2018[2015-16]Status: DisposedITAT Patna05 Apr 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Shri Girish Agrawal

Section 143(3)Section 144

disallowance was made by the ld. Assessing Officer with the aid of section 40(a)(ia) of the Income Tax Act on the ground

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

40,195/- passing order of total taxable income of Rs 8,15,25,535/- 4. From the texts of section 40A(3) reproduced by the CIT-A, it is crystal clear that the business income of an assessee, which has to be determined applying section 28 to 43 of the ITA act, covers disallowance

M/S ANIL KR. SINGH,MUZAFFARPUR vs. ACIT, CIRCLE-1, MUZAFFARPUR

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

ITA 350/PAT/2018[2007-08]Status: DisposedITAT Patna19 Sept 2022AY 2007-08

Bench: Sri Manish Borad & Sri Sonjoy Sarma

Section 143(3)Section 154Section 250Section 40

section 40(b) reads “any payment of salary, bonus, commission or remuneration, by whatever name called (hereinafter referred to as ‘remuneration’)”; as such any payments of bonus & remuneration to the partners comes under the head remuneration; as such any order passed u/s 154 is wholly wrong & fit to be quashed. 8. For that the Learned CIT (A) & Ld. Assessing Officer

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

disallowed with the help of section 40(a)(ia) of the Income Tax Act. 12. With the assistance of ld. Representatives

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

JANARDAN PRASAD,PATNA vs. CIT (A), PATNA

In the result, the appeal of the assessee is partly allowed for statistical purposes

ITA 371/PAT/2023[2009-10]Status: DisposedITAT Patna25 Feb 2025AY 2009-10

Bench: Shri George Mathan & Shri Sanjay Awasthiassessment Year: 2009-10

For Appellant: Shri Soumitra Choudhury, Advocate &For Respondent: Shri Ashwani Kr. Singal, JCIT
Section 250Section 40Section 40A(3)

disallowance made by invoking the provisions of section 40(a)(ia) in respect of the non- deduction of TDS on the payment

SIS CASH SERVICES PRIVATE LIMITED,PATNA vs. ADIT, CPC, BANGALORE, BANGALORE

In the result, this appeal of assessee is dismissed

ITA 240/PAT/2023[2020-21]Status: DisposedITAT Patna26 May 2025AY 2020-21
For Appellant: Kavita Jha, Sr. AdvocateFor Respondent: Sh. Ashwani Kr. Singal, JCIT
Section 139(1)Section 143(1)Section 154Section 250Section 36(1)(va)Section 40Section 43B

disallowance, irrespective of subsequent actions.", "result": "Dismissed", "sections": [ "Sec. 36(1)(va)", "Sec. 2(24)(x)", "Sec. 40(a)(i)", "Sec. 154", "Sec. 143(1)", "Sec. 139(1)", "Sec. 43B", "Sec. 254(2)" ], "issues

LAL BABU PRASAD,SIWAN vs. ACIT, CIRCLE-2, MUZAFFARPUR

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

ITA 317/PAT/2025[2015-16]Status: DisposedITAT Patna16 Jan 2026AY 2015-16

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER SHRI SONJOY SARMA (Judicial Member)

Section 133ASection 250Section 43B

40,000 was disallowed under section 43B of the Act. Accordingly, the assessment was completed making various additions. 3 Lal Babu

PAVAN KUMAR BHAGAT,SAHARSA vs. ITO, WARD-3(4), SAHARSA, SAHARA

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 281/PAT/2024[2017-18]Status: DisposedITAT Patna02 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115BSection 143(2)Section 144Section 147Section 148Section 250Section 37Section 69A

disallowing and adding Rs.11,65,739 claimed as commission expenses by the appellant, solely on the ground that the said deduction is not allowable in view of violation of provision of section 194G of the Act and section 40

SOCIETY FOR ADVANCEMENT OF VILLAGE ECONOMY,GAYA vs. ACIT(EXEMPTION) CIRCLE, PATNA

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

ITA 14/PAT/2018[2014-15]Status: DisposedITAT Patna09 Dec 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 11Section 12ASection 13(8)Section 143(2)Section 2(15)Section 250(6)Section 28

section 2(15) of the Act, the Society was not eligible for claiming exemption u/s 11 of the Act. As the TDS was not deducted on payments to CSP, a sum of ₹71,79,910/- paid to CSP agents was disallowed u/s 40