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29 results for “disallowance”+ Section 43(6)clear

Sorted by relevance

Delhi2,447Mumbai2,090Chennai603Ahmedabad495Bangalore475Jaipur441Hyderabad387Kolkata318Chandigarh233Raipur212Pune200Indore199Surat143Rajkot119Amritsar116Cochin110Visakhapatnam91Nagpur82Guwahati76SC64Lucknow62Jodhpur52Allahabad49Agra31Cuttack29Patna29Ranchi27Dehradun15Varanasi11Jabalpur9Panaji8A.K. SIKRI ROHINTON FALI NARIMAN2MADAN B. LOKUR S.A. BOBDE1H.L. DATTU S.A. BOBDE1ASHOK BHAN DALVEER BHANDARI1

Key Topics

Section 143(3)35Section 26331Addition to Income19Section 25010Section 40A(3)9Section 153C9Disallowance8Section 143(2)7Natural Justice7Section 142(1)

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

43 of the ITA act, covers disallowance under section 40A(3) for the expenditure debited in the regular books of accounts only, where assessee maintains regular books of accounts. 5. In the instant case the AO, has not disallowed any amount u/s40A(3), out of income offered in the regular books of accounts, but arbitrarily, the out of books business

Showing 1–20 of 29 · Page 1 of 2

6
Section 133(6)6
Deduction6

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)

43,10,424/- under sections 40A(3) and 40(a)(ia) of the Income Tax Act. The ld. CIT(Appeals) has erred in deleting both these additions by holding that books of account of the assessee are not reliable, therefore, instead of making specific disallowance under these sections, the profit of the assessee deserves to be estimated. 4. Brief facts

PRASHANT PACKAGING PVT.LTD,PATNA vs. DCIT/ACIT, CIR-2, PATNA, PATNA

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

ITA 644/PAT/2024[2018-19]Status: DisposedITAT Patna21 Apr 2025AY 2018-19
Section 143(3)Section 40A(3)Section 43B

43 taxmann.com 199 (Guj)\n\"Section 40.1(3) of the Income-tax Act, 1961, read with rule 6DD of the Income-tax Rules, 1962-\nBusiness disallowance - Cash payment exceeding prescribed limits (Rule 6DD(J)-Assessment year 2006-07 Assessee was working as an agent of Tata Tele Services Limited for distributing mobile cards and recharge vouchers-Principal company Tata insisted

PUNAM HISARIA,SITAMARHI vs. DC/AC, CIRCLE-03, DARBH, DARBH

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

ITA 80/PAT/2023[2017-18]Status: DisposedITAT Patna09 Jul 2024AY 2017-18

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.80/Pat/2023 Assessment Year: 2017-18 Punam Hisaria ………. Appellant (Pan: Abupa3945R)

Section 143(2)Section 143(3)Section 194Section 194CSection 194C(6)Section 194C(7)Section 250Section 40

disallowed 30 percent of amount of Freight paid to the transporters who have given declaration for non-deduction of TDS in compliance of Section 194C(6) but failed to file statement in Form 26Q as required U/s 194C(7) of the Income Tax act, 1961. 2. Ground 2. For that CIT(A) could not consider the fact that all freight

GANADHIPATI CONSTRUCTION PRIVATE LIMITED,PATNA vs. PCIT, CENTRAL, PATNA

In the result, all the appeals of the assessee bearing

ITA 359/PAT/2024[2020-21]Status: DisposedITAT Patna16 Oct 2024AY 2020-21

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

Section 133(6)Section 142(1)Section 143(3)Section 153CSection 263

disallowance and deduction under section 80IA of the Act. Therefore, it cannot be said that the assessment has been completed without making proper inquiries or no inquiries. He also submitted that the draft assessment orders were sent to the ld. JCIT for granting approval under section 153D of the Act and the same was granted on 31.03.2022, which itself proves

GANADHIPATI CONSTRUCTION PRIVATE LTD,PATNA vs. PCIT, CENTRAL, PATNA

In the result, all the appeals of the assessee bearing

ITA 360/PAT/2024[2021-22]Status: DisposedITAT Patna16 Oct 2024AY 2021-22

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

Section 133(6)Section 142(1)Section 143(3)Section 153CSection 263

disallowance and deduction under section 80IA of the Act. Therefore, it cannot be said that the assessment has been completed without making proper inquiries or no inquiries. He also submitted that the draft assessment orders were sent to the ld. JCIT for granting approval under section 153D of the Act and the same was granted on 31.03.2022, which itself proves

GANADHIPATI CONSTRUCTION PRIVATE LIMITED,PATNA vs. PCIT, CENTRAL , PATNA

In the result, all the appeals of the assessee bearing

ITA 356/PAT/2024[2017-18]Status: DisposedITAT Patna16 Oct 2024AY 2017-18

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

Section 133(6)Section 142(1)Section 143(3)Section 153CSection 263

disallowance and deduction under section 80IA of the Act. Therefore, it cannot be said that the assessment has been completed without making proper inquiries or no inquiries. He also submitted that the draft assessment orders were sent to the ld. JCIT for granting approval under section 153D of the Act and the same was granted on 31.03.2022, which itself proves

GANADHIPATI CONSTRUCTION PVT LTD,PATNA vs. PCIT, CENTRAL, PATNA

In the result, all the appeals of the assessee bearing

ITA 357/PAT/2024[2018-19]Status: DisposedITAT Patna16 Oct 2024AY 2018-19

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

Section 133(6)Section 142(1)Section 143(3)Section 153CSection 263

disallowance and deduction under section 80IA of the Act. Therefore, it cannot be said that the assessment has been completed without making proper inquiries or no inquiries. He also submitted that the draft assessment orders were sent to the ld. JCIT for granting approval under section 153D of the Act and the same was granted on 31.03.2022, which itself proves

GANADHIPATI CONSTRUCTION PRIVATE LIMITED,PATNA vs. PCIT, CENTRAL, PATNA

In the result, all the appeals of the assessee bearing

ITA 358/PAT/2024[2019-20]Status: DisposedITAT Patna16 Oct 2024AY 2019-20

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

Section 133(6)Section 142(1)Section 143(3)Section 153CSection 263

disallowance and deduction under section 80IA of the Act. Therefore, it cannot be said that the assessment has been completed without making proper inquiries or no inquiries. He also submitted that the draft assessment orders were sent to the ld. JCIT for granting approval under section 153D of the Act and the same was granted on 31.03.2022, which itself proves

DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR

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

ITA 29/PAT/2021[2013-14]Status: DisposedITAT Patna26 Mar 2025AY 2013-14

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey] I.T.A. No. 29/Pat/2021 Assessment Year: 2013-14 Dcit, Circle-1, Muzaffarpur M/S Uttar Bihar Gramin Bank

Section 36(1)(viia)Section 36(1)(viii)Section 36(1)(viiia)

43,632/-. The Ld. CIT(A) has also allowed the appeal of the assessee on an amount of Rs. 6,79,97,094/-. Being aggrieved and dissatisfied the revenue has preferred an appeal before us. 4. The Ld. DR challenges the impugned order thereby submitting that the Ld. CIT(A) erred in holding the disallowance

DCIT, CIRCLE-1, MUZAFFARPUR vs. M/S UTTAR BIHAR GRAMIN BANK, MUZAFFARPUR

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

ITA 30/PAT/2021[2014-15]Status: DisposedITAT Patna25 Feb 2026AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 250Section 36(1)(viia)Section 36(1)(vila)

section 36(1)(viia) does not make any distinction between PA or NPA. The provision is allowable to the extent of total allowable limit i.e. Rs. 311.52 crores. Since, only Rs. 57.80 crore has been allowed as provision for NPA, this claim of Rs. 1.74 crore should be further allowed. In this case of Delhi High Court has accepted

SRIRAM ENTERPRISES,BHAGALPUR vs. ASST COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1, PATNA, PATNA

ITA 607/PAT/2024[2021-2022]Status: DisposedITAT Patna13 Oct 2025AY 2021-2022
Section 143(2)Section 143(3)Section 250

43 Lakh\nPage 4\nI.T.A. No.: 607/PAT/2024\n Assessment Year: 2021-22\nSriram Enterprises.\nwas made. The sums outstanding were added as the notices u/s 133(6)\nof the Act issued by the Ld. AO were not responded by the parties and\nthe amounts were in relation to the services and goods purchased and\nthe same were treated as unexplained

DIVYA PRAKASH,BHOJPUR vs. PR. CIT-1, PATNA

In the result, the appeal of the assessee is dismissed

ITA 24/PAT/2022[2017-18]Status: DisposedITAT Patna12 Oct 2023AY 2017-18

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

Section 143(2)Section 143(3)Section 263Section 40A(3)Section 80C

disallowed and added back to the total income of the assessee. Under the facts and circumstances, his total income Is assessed u/s 143(3) of the. Income Tax Act at total income of Rs.7,47,137/-. Allowed deduction u/s 80C of Rs.21000/- of the Act. Issue demand notice and challan accordingly”. 4. The ld. Principal Commissioner perused the assessment record

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

6. CIT Vs. Bihari Lal Agrawal[2013] 33 taxmann.com 553 (Allahabad); 1. ITO Vs. DD Ahuja & Brothers [2014] 45 taxmann.com336(Lucknow-trib.); 2. G.N.Mohan Raju Vs. ITO[2015] 57 taxmann.com 415 (Bangalore-Trib.); 3. Mohinder Kumar Chhabra Vs. ITO [2014] 48 taxman.com 120(Delhi-Trib.) In view of the above judgments, I hereby quash the assessment made on10.12.2019

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

6. CIT Vs. Bihari Lal Agrawal[2013] 33 taxmann.com 553 (Allahabad); 1. ITO Vs. DD Ahuja & Brothers [2014] 45 taxmann.com336(Lucknow-trib.); 2. G.N.Mohan Raju Vs. ITO[2015] 57 taxmann.com 415 (Bangalore-Trib.); 3. Mohinder Kumar Chhabra Vs. ITO [2014] 48 taxman.com 120(Delhi-Trib.) In view of the above judgments, I hereby quash the assessment made on10.12.2019

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

6. CIT Vs. Bihari Lal Agrawal[2013] 33 taxmann.com 553 (Allahabad); 1. ITO Vs. DD Ahuja & Brothers [2014] 45 taxmann.com336(Lucknow-trib.); 2. G.N.Mohan Raju Vs. ITO[2015] 57 taxmann.com 415 (Bangalore-Trib.); 3. Mohinder Kumar Chhabra Vs. ITO [2014] 48 taxman.com 120(Delhi-Trib.) In view of the above judgments, I hereby quash the assessment made on10.12.2019

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

6. CIT Vs. Bihari Lal Agrawal[2013] 33 taxmann.com 553 (Allahabad); 1. ITO Vs. DD Ahuja & Brothers [2014] 45 taxmann.com336(Lucknow-trib.); 2. G.N.Mohan Raju Vs. ITO[2015] 57 taxmann.com 415 (Bangalore-Trib.); 3. Mohinder Kumar Chhabra Vs. ITO [2014] 48 taxman.com 120(Delhi-Trib.) In view of the above judgments, I hereby quash the assessment made on10.12.2019

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

6. CIT Vs. Bihari Lal Agrawal[2013] 33 taxmann.com 553 (Allahabad); 1. ITO Vs. DD Ahuja & Brothers [2014] 45 taxmann.com336(Lucknow-trib.); 2. G.N.Mohan Raju Vs. ITO[2015] 57 taxmann.com 415 (Bangalore-Trib.); 3. Mohinder Kumar Chhabra Vs. ITO [2014] 48 taxman.com 120(Delhi-Trib.) In view of the above judgments, I hereby quash the assessment made on10.12.2019

ACIT, CENTRAL CIRCLE-3, PATNA vs. BROADSON COMMODITIES PVT LTD, DHANBAD

In the result, both the appeals of Revenue are dismissed, whereas the Cross Objections filed by the assessee are allowed

ITA 63/PAT/2021[2017-18]Status: DisposedITAT Patna30 Aug 2023AY 2017-18

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

Section 132Section 153Section 153C

43,02,386/-. Assessment Years: 2016-2017 & 2017-2018 & C.O. Nos. 1 & 2/PAT/2022 (in ITA 62 & 63/PAT/2021) Assessment years: 2016-2017 & 2017-2018 Broadson Commodities Pvt. Limited 6. The ld. Assessing Officer has issued notices under section 143(2) and 142(1) in both the years. In A.Y. 2016-17, ld. Assessing Officer has observed that a perusal

ACIT, CENTRAL CIRCLE-3, PATNA vs. BROADSON COMMODITIES PVT LTD, DHANBAD

In the result, both the appeals of Revenue are dismissed, whereas the Cross Objections filed by the assessee are allowed

ITA 62/PAT/2021[2016-17]Status: DisposedITAT Patna30 Aug 2023AY 2016-17

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

Section 132Section 153Section 153C

43,02,386/-. Assessment Years: 2016-2017 & 2017-2018 & C.O. Nos. 1 & 2/PAT/2022 (in ITA 62 & 63/PAT/2021) Assessment years: 2016-2017 & 2017-2018 Broadson Commodities Pvt. Limited 6. The ld. Assessing Officer has issued notices under section 143(2) and 142(1) in both the years. In A.Y. 2016-17, ld. Assessing Officer has observed that a perusal