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19 results for “disallowance”+ Section 57clear

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Key Topics

Addition to Income16Section 143(3)12Section 14710Section 579Disallowance9Section 2508Section 143(1)7Deduction7Section 235Section 142(1)

WASEEM ALAM,WEST CHAMPARAN vs. ITO, NATIONAL E ASSESSMENT CENTRE, DELHI

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

ITA 17/PAT/2025[2018-19]Status: DisposedITAT Patna22 Jul 2025AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.17/Pat/2025 Assessment Year: 2018-19 Waseem Alam…...………………….....…..…………………....Appellant Bhawanipur Kursi Barawa, Sikta, West Champaran, Bihar-845307. [Pan: Alopa0369B] Vs. Ito, Nfac, Delhi…………..……….…............................…..…..... Respondent Appearances By: Shri Sanjeev Kr. Anwar, Advocate, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 17, 2025 Date Of Pronouncing The Order : July 22, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 08.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2018-19 Declaring Total Income Of Rs.9,68,550. The Return Was Processed Under Section 143(1) Of The Act. Subsequently, The Case Was Selected For Limited Scrutiny Under The E- Assessment Scheme, With The Specific Issue Of Verification Of Large Deduction Claimed Under Section 57 Of The Act. Notice Under Section 143(2) & Subsequently Under Section 142(1) Was Issued To The Assessee. Although The Assessee Uploaded Certain Documents Electronically In Response, The Details Were Found To Be Incomplete. The

Section 142(1)Section 143(1)Section 143(2)Section 250
4
Section 1444
Natural Justice3
Section 57

Section 57(ii) of the Act, which mandates that such expenditure should be laid out wholly and exclusively for the purpose of earning the income. In absence of sufficient documentary evidence, the Assessing Officer disallowed

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

57,285/-, allowed a credit of ₹11,03,32,756/- on account of bank contra entries, estimated the undisclosed turnover at ₹47,11,24,529/- and reduced the consequential addition to ₹2,53,93,612/- instead of ₹4,40,58,124/- made by the Ld. AO. He also deleted the additions of ₹3,52,82,071/- made under section

UTTAR BIHAR GRAMIN BANK,MUZAFFARPUR vs. DC/AC CIRCLE-2, MUZAFFARPUR

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

ITA 186/PAT/2025[2016-17]Status: HeardITAT Patna23 Jul 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.186/Pat/2025 Assessment Year: 2016-17 Uttar Bihar Gramin Bank……….....…..…………………....Appellant Sharma Complex, Ramna Kalambagh Chowk, Muzaffarpur, Bihar – 842002. [Pan: Aaaju0238J] Vs. Dc/Ac, Circle-2, Muzaffarpur.……….…............................…..…..... Respondent Appearances By: Shri Sanjeev Kr. Anwar, Advocate, Appeared On Behalf Of The Appellant. Shri Rajat Datta, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 22, 2025 Date Of Pronouncing The Order : July 23, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Has Been Filed By The Assessee Against The Order Passed By The Learned Commissioner Of Income Tax (Appeals), Patna ["Cit(A)"] For The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income Declaring A Total Loss Of Rs.47,24,77,982. The Case Was Selected For Scrutiny Under Compulsory Manual Selection Criteria During The Financial Year 2017-18. Accordingly, Statutory Notices Under Sections 143(2) & 142(1) Of The Income-Tax Act, 1961 ("The Act") Were Issued & Duly Served Upon The Assessee. In Response, The Assessee Appeared & Made Certain Submissions. However, The Assessing Officer Made The Following Additions/Disallowances: Rs.16,84,20,016: Provision For Npa.

Section 36(1)(va)

57,75,179: Disallowed claim of interest. Rs.5,08,291: Disallowed expenditure under the head "Food & Beverages" to staff. Rs.28,17,546: Disallowed contribution towards Provident Fund under section

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

57 taxmann.com 21 (All), the Hon’ble Court has held that the provisions of section 68 are not applicable where the sum is not even credited in the books of account during the year. Similarly the decision ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya of Mumbai Tribunal

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

57 taxmann.com 21 (All), the Hon’ble Court has held that the provisions of section 68 are not applicable where the sum is not even credited in the books of account during the year. Similarly the decision ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya of Mumbai Tribunal

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

57 taxmann.com 21 (All), the Hon’ble Court has held that the provisions of section 68 are not applicable where the sum is not even credited in the books of account during the year. Similarly the decision ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya of Mumbai Tribunal

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

57 taxmann.com 21 (All), the Hon’ble Court has held that the provisions of section 68 are not applicable where the sum is not even credited in the books of account during the year. Similarly the decision ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya of Mumbai Tribunal

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

57 taxmann.com 21 (All), the Hon’ble Court has held that the provisions of section 68 are not applicable where the sum is not even credited in the books of account during the year. Similarly the decision ITA Nos. 96 & 98/PAT/2021 C.O Nos. 2 & 3/ PAT/2021 AY: 2012-13,2013-14 ,2016-17 Kumar Arunodaya of Mumbai Tribunal

KAYANAT WELFARE ASSOCIATION,PATNA vs. ITO, EXEMPTION WARD-1,PATNA, PATNA

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

ITA 228/PAT/2024[2016-17]Status: DisposedITAT Patna12 Dec 2024AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Sanjay Awasthii.T.A. No. 228/Pat/2024 Assessment Year: 2016-2017 Kayanat Welfare Association,………..…………Appellant East Lohanipur, Sarswati Lane, Kadamkuan, Patna-800001, Bihar [Pan:Aaaak8246K] -Vs.- Income Tax Officer,…..………………………...Respondent Exemption Ward-1, Patna, Bihar Appearances By: N O N E, Appeared On Behalf Of The Assessee Shri Ajay Kr. Shukla, Jcit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: November 25, 2024 Date Of Pronouncing The Order: December 12, 2024 O R D E R

Section 142(1)Section 143(2)Section 144

section 144 of the Act by disallowing the expenditure of Rs.38,51,539/- and assessed income at Rs.38,57,585/-. 3. On being

MUKUL ELECTRIC AND ELECTRONIC TRAINING INSTITUTE,MIRGANJ vs. ITO WARD-2(4), SIWAN

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

ITA 695/PAT/2024[2016-17]Status: DisposedITAT Patna29 May 2025AY 2016-17

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) I.T.A. No. 695/Pat/2024 Assessment Year: 2016-2017 Mukul Electric & Electronic Training Institute,………………………………………………….Appellant Mirganj, Gopalganj-841438, Bihar [Pan:Aafam8410J] -Vs.- Income Tax Officer,……………………….……...Respondent Ward-2(4), Siwan, National Faceless Appeal Centre (Nfac), Income Tax Department, Delhi-110001 Appearances By: Shri Bandhu Gupta, A.R. Appeared On Behalf Of The Assessee Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: March 10, 2025 Date Of Pronouncing The Order: May 29, 2025 O R D E R

Section 57

section 57 of the Income Tax Act of the amount towards various heads including cleaning and refreshment Tea and Samosa. The ld. Assessing Officer disallowed

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)

57,79,99,272/- is allowed. An amount of Rs. 44,70,128/- has been disallowed considering the provision for food and beverage as such expenditure is not allowable because it is an provision and not the actual expenditure. The AR demonstrated before me that this is an actual expenditure and not the provision. The word 'provision' has been used

SURENDRA PRASAD BHARVE,SAMASTIPUR vs. ITO, WARD- 3 (4), SAMASTIPUR

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

ITA 78/PAT/2025[2017-18]Status: DisposedITAT Patna19 Sept 2025AY 2017-18

Bench: The Learned Cit(A). However, On Account Of Repeated Non-Appearance On Seven Consecutive Dates, The Learned Cit(A) Proceeded Ex Parte & Dismissed The Appeal, Thereby Sustaining The Additions Made By The Assessing Officer.

Section 143(3)Section 250

section 143(3) of the Act determining the total income at ₹60,57,150/– after making certain additions and disallowances

M/S MANISH FINLEASE (P) LTD,PATNA vs. ITO, WARD-2(1), PATNA

ITA 25/PAT/2019[2010-11]Status: DisposedITAT Patna09 Aug 2019AY 2010-11

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2010-2011 Manish Finlease Pvt Ltd., Vs. Ito, Ward 2(1), Patna Chandi House Exhibition Road, Patna Pan/Gir No.Aaccm 6252 B (Appellant) .. ( Respondent) Assessee By : Shri A.K.Rastogi & Rakesh Kumar, Ars Revenue By : Shri Indrajeet Singh, Dr Date Of Hearing : 20/06/ 2019 Date Of Pronouncement : 09/08/ 2019 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Patna Dated 27.9.2018 For The Assessment Year 2010-2011. 2. The Appeal Filed By The Assessee Is Delayed By 51 Days. The Assessee Has Filed Application For Condonation Of Delay Stating The Reasons For Not Filing The Appeal In Time Before The Tribunal. After Hearing The Submissions Of The Parties, We Are Satisfied That The Assessee Had A Bonafide Reason For Not Filing The Appeal In Time. Therefore, We Condone The Delay & Proceed To Decide The Appeal Of The Assessee On Merits.

For Appellant: Shri A.K.Rastogi & Rakesh Kumar, ARsFor Respondent: Shri Indrajeet Singh, DR
Section 133(6)Section 143(2)Section 143(3)Section 147Section 148(1)Section 68

disallowed the said amount on the ground that mere establishing the identity of the creditor or the transaction have been routed through banking channel is not enough to prove the creditworthiness and genuineness of the transaction. On appeal, the CIT(A) called for remand report from the Assessing officer and after considering the same confirmed the addition. However, the Tribunal

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

disallowance of Rs. 13,33,8051- as sustained by the Assessing Officer on account of salary and interest payable to the partner is arbitrary, unjustified, void ab-initio and bad in law. The addition as sustained is fit to be deleted. 4. For that the appellant reserves its right to file detailed submission at the time of hearing

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

disallowance of Rs. 13,33,8051- as sustained by the Assessing Officer on account of salary and interest payable to the partner is arbitrary, unjustified, void ab-initio and bad in law. The addition as sustained is fit to be deleted. 4. For that the appellant reserves its right to file detailed submission at the time of hearing

MAHENDRA PRASAD,EAST CHAMPARAN vs. ASSESSMENT UNIT, ITD, DELHI, DELHI

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

ITA 717/PAT/2024[2021-22]Status: DisposedITAT Patna20 May 2025AY 2021-22

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 139(1)Section 142(1)Section 144Section 145(3)Section 24Section 250Section 80C

disallowance of Rs.62,906/ u/s 80C of the I.T. Act and Rs.72,094/- u/s 24(b) should not have been made as the evidences for claiming deduction are in possession of the appellant. 10. For that in the facts and circumstances of the case, the appellant may kindly be given one more opportunity to justify the income

ITO, WARD-2(1), PATNA vs. M/S SUN COMTECH PVT LTD, PATNA

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

ITA 108/PAT/2020[2011-12]Status: DisposedITAT Patna24 Jun 2025AY 2011-12

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 115JSection 143(3)Section 148Section 250

57 PM BUY 1 1158.40 250 289600.00 0 NICKEL FUTURES 16/03/2011 01:11:04 PM BUY 8 1184.70 250 2369400.00 0 NICKEL FUTURES 16/03/2011 01:10:37 PM SELL 2 1149.80 250 574900.00 0 NICKEL FUTURES 16/03/2011 01:10:50 PM SELL 8 1149.80 250 2299600.00 0 NICKEL FUTURES 16/03/2011 01:10:54 PM SELL

DEEPAK KUMAR,MUZAFFARPUR vs. CPC, BENGALURU

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

ITA 55/PAT/2025[2017-18]Status: DisposedITAT Patna13 Oct 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 143(1)Section 154Section 250

57,630 in the returned income. 10. For that the ld. Commissioner of Income Tax (Appeal) has erred in rejecting the correct audit report without giving any reason and relying upon incorrect audit report, notwithstanding the fact that the auditor has accepted his mistakes and correct the inadvertent mistake in the original audit report. 11. For that the order

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)

disallowance of ₹72,67,00,000/- by the learned CIT (A) as made by the ld. AO on account of delayed payment surcharge by the consumers. 4.1. The learned AO during the assessment proceeding noted from the documents/evidences furnished by assessee that assessee had followed mercantile/ accrual system of accounting and with regard to delayed payment of surcharge (DPS) assessee