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72 results for “depreciation”+ Section 40A(3)clear

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Key Topics

Section 14A48Addition to Income40Section 143(3)36Section 12A36Disallowance34Section 10(20)24Section 1124Section 26320Section 40A(3)18Depreciation

ITO, WARD-1(1), SOLAPUR, SOLAPUR vs. MS. KSHIRSAGAR FABRICS, SOLAPUR

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

ITA 97/PUN/2024[2009-10]Status: DisposedITAT Pune17 Sept 2024AY 2009-10

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2009-10

For Appellant: Shri Nikhil PathakFor Respondent: Shri Sourabh Nayak, Addl. CIT
Section 143(3)Section 147Section 148Section 40A(3)

Section 40A(3) This clearly establishes that the AO has examined the issue at the time of assessment. 5.5 The Hon'ble Bombay High Court in the case of Bharat Amratlal Shah Vs ITO in Writ Petition (L) No. 3268 of 2022 [Date of Judgement/Order: 10/02/2023] held that reopening of assessment on the basis of change of opinion without reasons

Showing 1–20 of 72 · Page 1 of 4

18
Section 80I17
Deduction16

SANJAY VASANTRAO WANI,,NASHIK vs. INCOME-TAX OFFICER,,

In the result, the appeal of the assessee is allowed

ITA 2491/PUN/2016[2012-13]Status: DisposedITAT Pune20 Jun 2018AY 2012-13

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.2491/Pun/2016 िनधा$रण वष$ / Assessment Year : 2012-13

For Appellant: Shri Pramod ShingteFor Respondent: Shri Ajay Modi
Section 40A(3)Section 44A

40A(3) can be made even though the income is assessed under section 44AD of the Act. 5. On the basis of facts and in the circumstances of the case and as per law, the Commissioner of Income Tax, (Appeals)-I, Nashik, is not justified in confirming the adhoc disallowance to the extent

ASSOCIATED DAIRY FAB PVT. LTD.,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is partly allowed and appeal of Revenue is dismissed

ITA 177/PUN/2014[2009-10]Status: DisposedITAT Pune09 Feb 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.177/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Associated Dairy Fab Pvt. Ltd., B-5/1, Midc Area, Ajantha Road, अऩीऱाथी/Appellant Jalgaon – 425003 …. Pan: Aaeca3963F Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range – 2, Jalgaon

For Appellant: Shri Nikhil PathakFor Respondent: Shri Mukesh Jha
Section 143(3)(ii)Section 40A(3)

section 143(3)(ii) of Income Tax Act 1961 (in short the ‘Act’). 2. The cross appeals filed by the assessee and Revenue were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The assessee in ITA No.177/PUN/2014 has raised following grounds of appeal:- 1] The learned CIT(A) erred in holding

DEPUTY COMMISSIONER OF INCOME-TAX vs. ASSOCIATED DAIRY FAB PVT. LTD.,, JALGAON

In the result, appeal of assessee is partly allowed and appeal of Revenue is dismissed

ITA 211/PUN/2014[2009-10]Status: DisposedITAT Pune09 Feb 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.177/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Associated Dairy Fab Pvt. Ltd., B-5/1, Midc Area, Ajantha Road, अऩीऱाथी/Appellant Jalgaon – 425003 …. Pan: Aaeca3963F Vs. The Jt. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Range – 2, Jalgaon

For Appellant: Shri Nikhil PathakFor Respondent: Shri Mukesh Jha
Section 143(3)(ii)Section 40A(3)

section 143(3)(ii) of Income Tax Act 1961 (in short the ‘Act’). 2. The cross appeals filed by the assessee and Revenue were heard together and are being disposed of by this consolidated order for the sake of convenience. 3. The assessee in ITA No.177/PUN/2014 has raised following grounds of appeal:- 1] The learned CIT(A) erred in holding

DY. CIT, CIRCLE 1(2), PUNE vs. GERA DEVELOPMENT PVT. LTD.,, PUNE

In the result, appeal of the Revenue is dismissed

ITA 767/PUN/2013[2005-06]Status: DisposedITAT Pune01 Jun 2018AY 2005-06

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

For Appellant: Shri Nilesh Khandelwal & Shri Rajiv ThakkarFor Respondent: Shri Ajay Modi, JCIT
Section 133ASection 154Section 69

40A(3) of the Act, we have considered the DR’s submission to keep the issue open for examining the applicability of the said provisions to the cash expenditure discovered during the search action. As such, this issue is not considered by the AO in the original assessment proceedings or in the First Appellate proceedings. Strictly speaking, this

GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. ASST. CIT, CIRCLE 1(2), PUNE

In the result, appeal of the Revenue is dismissed

ITA 597/PUN/2013[2005-06]Status: DisposedITAT Pune01 Jun 2018AY 2005-06

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

For Appellant: Shri Nilesh Khandelwal & Shri Rajiv ThakkarFor Respondent: Shri Ajay Modi, JCIT
Section 133ASection 154Section 69

40A(3) of the Act, we have considered the DR’s submission to keep the issue open for examining the applicability of the said provisions to the cash expenditure discovered during the search action. As such, this issue is not considered by the AO in the original assessment proceedings or in the First Appellate proceedings. Strictly speaking, this

GERA DEVELOPMENTS PVT. LTD.,,PUNE vs. COMMISSIONER OF INCOME-TAX (APPEALS) -1,,

In the result, appeal of the Revenue is dismissed

ITA 1609/PUN/2014[2005-06]Status: DisposedITAT Pune01 Jun 2018AY 2005-06

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No. 597/Pun/2013 िनधा"रण वष" / Assessment Year : 2005-06

For Appellant: Shri Nilesh Khandelwal & Shri Rajiv ThakkarFor Respondent: Shri Ajay Modi, JCIT
Section 133ASection 154Section 69

40A(3) of the Act, we have considered the DR’s submission to keep the issue open for examining the applicability of the said provisions to the cash expenditure discovered during the search action. As such, this issue is not considered by the AO in the original assessment proceedings or in the First Appellate proceedings. Strictly speaking, this

SRL CONSTRUCTION PVT LTD,JALNA vs. ACIT, CENTRAL CIRCLE 2, AURANGABAD, AURANGABAD

In the result, appeal of the assessee is dismissed

ITA 847/PUN/2024[2019-20]Status: DisposedITAT Pune29 Jan 2025AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.847/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Srl Construction Pvt. Ltd., V The Acit, 197, Khasgaon, Jafrabad, S Central Circle-2, Jalna – 444203. Aurangabad. Pan: Aaqcs7227L Appellant/ Assessee Respondent /Revenue Assessee By Shri Prateekjha – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 16/12/2024 Date Of Pronouncement 29/01/2025 आदेश/ Order Per Dr.Dipak P.Ripote, Am : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central)-Nagpur, Passed Under Section 263 Of The Income Tax Act, 1961; Dated 08.03.2024 For A.Y.2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. A) On The Facts & Circumstance Prevailing In The Case & In Law, Honorable Pr. Cit (Central), Nagpur Has Erred In Not Considering The Submission Made By The Appellant In Fair And

Section 143(3)Section 263Section 40A(3)

40A(3) discussed above. Therefore, there is not merit in the contention of the ld.AR. 4.9 The second issue discussed by ld.Pr.CIT in the order under section 263 of the Act is regarding difference in the Written Down Value(WDV) of the assets. We have perused Copy of the Return of Income filed by assessee. The depreciation

DEPUTY COMMISSIONER OF INCOME-TAX vs. M/S. RAJMAL LAKHICHAND,,

In the result, appeal of the Department is dismissed

ITA 832/PUN/2015[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 2(22)(e)Section 36(1)(iii)Section 40A(2)(a)

section 32(2) of the Act. As per Chapter IV-D, the book profits are determined after deduction of depreciation. In the assessee‟s case, there would be loss after deduction of unabsorbed carry forward depreciation to the tune of Rs.10,84,75,430/-, therefore, remuneration to the extent of Rs.1,50,000/- would only be allowable

M/S. RAJMAL LAKHICHAND vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of the Department is dismissed

ITA 670/PUN/2015[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 2(22)(e)Section 36(1)(iii)Section 40A(2)(a)

section 32(2) of the Act. As per Chapter IV-D, the book profits are determined after deduction of depreciation. In the assessee‟s case, there would be loss after deduction of unabsorbed carry forward depreciation to the tune of Rs.10,84,75,430/-, therefore, remuneration to the extent of Rs.1,50,000/- would only be allowable

RAJMAL LAKHICHAND JEWELLERS PVT. LTD.,,JALGAON vs. DEPUTY COMMISSIONER OF INCOME-TAX,, JALGAON

Appeal of the assessee is partly allowed and appeal of the Department is dismissed

ITA 672/PUN/2015[2010-11]Status: DisposedITAT Pune07 Mar 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 40A(2)(a)

section 40A(2)(a) i.e. purchase of gold bullion and gold ornaments from the sister concerns by paying higher price. The other income shown by the appellant will remain unchanged. The other confirmed additions will not be affected.” 18. The assessee has assailed the G.P. estimated by Commissioner of Income Tax (Appeal) being on the higher side. As against

DEPUTY COMMISSIONER OF INCOME-TAX vs. RAJMAL LAKHICHAND JEWELLERS PVT. LTD.,,

Appeal of the assessee is partly allowed and appeal of the Department is dismissed

ITA 834/PUN/2015[2010-11]Status: DisposedITAT Pune07 Mar 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar
Section 143(2)Section 14ASection 40A(2)(a)

section 40A(2)(a) i.e. purchase of gold bullion and gold ornaments from the sister concerns by paying higher price. The other income shown by the appellant will remain unchanged. The other confirmed additions will not be affected.” 18. The assessee has assailed the G.P. estimated by Commissioner of Income Tax (Appeal) being on the higher side. As against

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. AMBARWADIKAR & COMPANY,, AURANGABAD

In the result, ITA Nos. 2038 and 2039/PUN/2014 filed by the

ITA 2039/PUN/2014[2011-12]Status: DisposedITAT Pune28 Feb 2018AY 2011-12

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.2038 & 2039/Pun/2014 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2010-11 & 2011-12 वष"

For Appellant: Shri M.K. KulkarniFor Respondent: Smt. Nirupama Kotru, CIT-DR
Section 131Section 133ASection 142

40A(3), 40(a)(ia), 37, 14A etc. The details of the additions as appearing on page 40 of the assessment order are extracted as under : “Disallowance as per Para No.6 Rs.5,84,736 Disallowance as per Para No.7 Rs.2,00,000 Disallowance/Addn. as per Para No.8 Rs.45,69,900 Disallowance as per Para No.9 Rs.16,74,572 Disallowance

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. AMBARWADIKAR & COMPANY,, AURANGABAD

In the result, ITA Nos. 2038 and 2039/PUN/2014 filed by the

ITA 2038/PUN/2014[2010-11]Status: DisposedITAT Pune28 Feb 2018AY 2010-11

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita Nos.2038 & 2039/Pun/2014 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Years : 2010-11 & 2011-12 वष"

For Appellant: Shri M.K. KulkarniFor Respondent: Smt. Nirupama Kotru, CIT-DR
Section 131Section 133ASection 142

40A(3), 40(a)(ia), 37, 14A etc. The details of the additions as appearing on page 40 of the assessment order are extracted as under : “Disallowance as per Para No.6 Rs.5,84,736 Disallowance as per Para No.7 Rs.2,00,000 Disallowance/Addn. as per Para No.8 Rs.45,69,900 Disallowance as per Para No.9 Rs.16,74,572 Disallowance

MAHAVIR FLEET OPERATORS PVT. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

Appeal is partly allowed in above terms

ITA 1373/PUN/2016[2010-11]Status: DisposedITAT Pune12 May 2022AY 2010-11

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripotemahavir Fleet Operators Pvt. Ltd., Assistant Commissioner Gat No. 1349, Khandvenagar, Of Income Tax, Wagholi, Pune – 412307 Circle – 11(2), Pune Vs. Pan : Aafcm9834N

For Appellant: Shri Pratik SandbhorFor Respondent: Shri S.P. Walimbe
Section 143(3)Section 269SSection 68

section 40A(3) disallowance made in both the lower proceedings involving a sum of Rs.23,10,000/-. A perusal of assessment findings in Para No. 4.1 suggests that the main figure of Rs.15,69,530/- involves M/s. M D Ballorgi. Learned counsel sought to clarify that the assessee’s transportation fleet is almost of 150 vehicles wherein the normal wear

COPPER CORPORATION PVT. LTD.,,SATARA vs. JOINT COMMISSIONER OF INCOME-TAX,, SATARA

In the result, both the appeals of assessee and Revenue are partly allowed

ITA 652/PUN/2015[2010-11]Status: DisposedITAT Pune26 Feb 2019AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.621/Pun/2015 यििाारण वषा / Assessment Year : 2010-11

For Appellant: Shri Krishna GajrathiFor Respondent: Shri Prashant Gudekar
Section 143(3)Section 35Section 35(1)(iv)

depreciation on assets, the assessee could not claim scientific research expenditure under section 35(1)(iv) of the Act on the said expenditure of ₹ 2.01 crores. However, expenses incurred on purchase of fans and motor vehicles totaling ₹ 8,09,016/- were held to be allowed under section 35(1)(iv) of the Act. The CIT(A) further directed the revenue

ASSISTANT COMMISSIONER OF INCOME-TAX vs. COOPER CORPORATION PVT. LTD.,, SATARA

In the result, both the appeals of assessee and Revenue are partly allowed

ITA 621/PUN/2015[2010-11]Status: DisposedITAT Pune26 Feb 2019AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.621/Pun/2015 यििाारण वषा / Assessment Year : 2010-11

For Appellant: Shri Krishna GajrathiFor Respondent: Shri Prashant Gudekar
Section 143(3)Section 35Section 35(1)(iv)

depreciation on assets, the assessee could not claim scientific research expenditure under section 35(1)(iv) of the Act on the said expenditure of ₹ 2.01 crores. However, expenses incurred on purchase of fans and motor vehicles totaling ₹ 8,09,016/- were held to be allowed under section 35(1)(iv) of the Act. The CIT(A) further directed the revenue

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1153/MUM/2016[2003-04]Status: DisposedITAT Pune30 Sept 2025AY 2003-04

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

JAWAHAR LAL NEHRU PORT TRUST,NAVI MUMBAI vs. ACIT PANVEL, PANVEL

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 1155/MUM/2016[2004-05]Status: DisposedITAT Pune30 Sept 2025AY 2004-05

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since

DEPUTY COMMISSIONER OF INCOME-TAX vs. THE JAWAHARLAL NEHRU PORT TRUST,, RAIGAD

In the result, all the three appeals filed by the Revenue are dismissed and all the three appeals filed by the assessee are partly allowed

ITA 545/PUN/2016[2005-06]Status: DisposedITAT Pune30 Sept 2025AY 2005-06

Bench: Shri R. K. Panda & Ms Astha Chandra

For Appellant: S/Shri Madhur Agrawal, AdvocateFor Respondent: S/Shri Sham Walve, Special Counsel along with Tanzil Padvekar and Bhavik Chheda
Section 10(20)Section 11Section 12ASection 142Section 143(1)Section 143(3)Section 263

section 43B of the Act. He similarly noted that the assessee had also made payment of Rs.6.40 crores to LIC on account of employees’ gratuity fund from the date of its incorporation till 31.03.2003 whereas the expenses for the year was only Rs.1.10 crores. Thus the assessee has made additional claim of Rs.5.30crores. According to the Assessing Officer since