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72 results for “depreciation”+ Section 40aclear

Sorted by relevance

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Key Topics

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

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 40A(2)(b) of the Act in the hands of assessee on account of remuneration paid to the directors. The grounds of appeal No.5 to 5.2 are thus, partly allowed. 17. Coming to the appeal filed by the Revenue, wherein several grounds of appeal have been raised. Both the learned Authorized Representatives were heard on each of the grounds

Showing 1–20 of 72 · Page 1 of 4

18
Section 80I17
Deduction16

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 40A(2)(b) of the Act in the hands of assessee on account of remuneration paid to the directors. The grounds of appeal No.5 to 5.2 are thus, partly allowed. 17. Coming to the appeal filed by the Revenue, wherein several grounds of appeal have been raised. Both the learned Authorized Representatives were heard on each of the grounds

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

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

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

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

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

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. 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

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

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 ,, JALGAON vs. M/S. RAJMAL LAKHICHAND & SONS,,

Appeal is dismissed

ITA 1547/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware
Section 14Section 143(3)Section 14ASection 36

depreciation for personal use. 4. On the facts and in the circumstances of the case and in law, the Ld. CIT(A)-II, Nashik be cancelled on the above issues and that of the AO be restored. 5. The appellant craves leave to add, alter, modify, delete amend any of the grounds with prior permission

M/S. RAJMAL LAKHICHAND & SONS vs. JOINT COMMISSINER OF INCOME-TAX,,

Appeal is dismissed

ITA 1360/PUN/2014[2009-10]Status: DisposedITAT Pune14 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपील सं. / Ita No.1360/Pun/2014 आयकर अपील सं आयकर अपील सं आयकर अपील सं िनधा"रण वष" / Assessment Year : 2009-10 िनधा"रण वष" िनधा"रण वष" िनधा"रण वष"

For Appellant: Shri Sunil PathakFor Respondent: Shri Anil Kumar Chaware
Section 14Section 143(3)Section 14ASection 36

depreciation for personal use. 4. On the facts and in the circumstances of the case and in law, the Ld. CIT(A)-II, Nashik be cancelled on the above issues and that of the AO be restored. 5. The appellant craves leave to add, alter, modify, delete amend any of the grounds with prior permission

ASSISTANT COMMISSIONER OF INCOME-TAX vs. SHARP DESIGNERS & ENGINEERS INDIA PVT. LTD.,, PUNE

In the result, both the appeals of the Revenue are dismissed

ITA 2283/PUN/2014[2010-11]Status: DisposedITAT Pune29 Jan 2018AY 2010-11

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकरअपीलसं. / Ita No.2263/Pun/2014 आयकरअपीलसं आयकरअपीलसं आयकरअपीलसं िनधा"रणवष" िनधा"रणवष"/ Assessment Year : 2010-11 िनधा"रणवष" िनधा"रणवष"

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Ajay Modi, JCIT
Section 139(1)Section 139(5)Section 14ASection 40A(2)(b)Section 80ASection 80I

depreciated value of Fixed assets instead of Gross Block of assets as appearing in audited financial results while arriving at the interest disallowance under rule 8D.” 4. Briefly stated relevant facts are that the assessee is a company engaged in the manufacturing of Engineering goods and Generation of electricity through windmill. Assessee made a claim of deduction u/s.80IA

SHARP DESIGNERS AND ENGINEERS INDIA P. LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, both the appeals of the Revenue are dismissed

ITA 2263/PUN/2014[2010-11]Status: DisposedITAT Pune29 Jan 2018AY 2010-11

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकरअपीलसं. / Ita No.2263/Pun/2014 आयकरअपीलसं आयकरअपीलसं आयकरअपीलसं िनधा"रणवष" िनधा"रणवष"/ Assessment Year : 2010-11 िनधा"रणवष" िनधा"रणवष"

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Ajay Modi, JCIT
Section 139(1)Section 139(5)Section 14ASection 40A(2)(b)Section 80ASection 80I

depreciated value of Fixed assets instead of Gross Block of assets as appearing in audited financial results while arriving at the interest disallowance under rule 8D.” 4. Briefly stated relevant facts are that the assessee is a company engaged in the manufacturing of Engineering goods and Generation of electricity through windmill. Assessee made a claim of deduction u/s.80IA

INCOME-TAX OFFICER vs. SHARP DESIGNER AND ENGINEERS (INDIA) PVT. LTD.,, PUNE

In the result, both the appeals of the Revenue are dismissed

ITA 1262/PUN/2015[2011-12]Status: DisposedITAT Pune29 Jan 2018AY 2011-12

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकरअपीलसं. / Ita No.2263/Pun/2014 आयकरअपीलसं आयकरअपीलसं आयकरअपीलसं िनधा"रणवष" िनधा"रणवष"/ Assessment Year : 2010-11 िनधा"रणवष" िनधा"रणवष"

For Appellant: Shri Kishor PhadkeFor Respondent: Shri Ajay Modi, JCIT
Section 139(1)Section 139(5)Section 14ASection 40A(2)(b)Section 80ASection 80I

depreciated value of Fixed assets instead of Gross Block of assets as appearing in audited financial results while arriving at the interest disallowance under rule 8D.” 4. Briefly stated relevant facts are that the assessee is a company engaged in the manufacturing of Engineering goods and Generation of electricity through windmill. Assessee made a claim of deduction u/s.80IA

ASSISTANT COMMISSIONER OF INCOME-TAX vs. M/S. RAJMAL LAKHICHAND & SONS,,

In the result, the appeal of the Revenue is dismissed

ITA 1177/PUN/2016[2011-12]Status: HeardITAT Pune18 Oct 2018AY 2011-12

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

For Appellant: Shri Rajeev Kumar, CITFor Respondent: Shri Sunil Pathak
Section 142Section 14ASection 40A(2)(a)Section 40A(2)(b)

depreciation of Rs.26,72,095/-. During the year under consideration, the turnover of the assessee was Rs.2,96,09,88,727/-. Gross profit and net profit for the year are shown at 2.75% and 1.57% respectively. Special Audit u/s.142(2A) of the I.T. Act was carried out wherein it was found that assessee made substantial purchases from the sister concerns

VATSALABAI KARBHARI DEORE,KALWAN vs. INCOME TAX OFFICER, WARD 1(5), NASHIK

In the result, the appeal filed by the assessee is allowed as per terms indicated above

ITA 2274/PUN/2025[2011 - 12]Status: DisposedITAT Pune20 Jan 2026

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2274/Pun/2025 Assessment Year : 2011-12

For Appellant: Shri Sanket JoshiFor Respondent: Smt. Sailee Dhole
Section 143(3)Section 147Section 148Section 40Section 68

40A(3) of the Act and unsecured loans taken from Akash Foods and Feeds for which Assessing Officer was satisfied with the reply filed by the assessee and re- assessment proceedings were concluded after making addition u/s.68 of the Act at ₹83,56,232 and disallowed u/s.40(a)(ia) of the Act at ₹1,36,378. Assessed income

ASST COMMISSIONER OF INCOME TAX , PANVEL vs. EPYGEN BIOTECH PRIVATE LIMITED, NAVI MUMBAI

In the result, appeal of the Revenue is allowed

ITA 2719/PUN/2024[2018-19]Status: DisposedITAT Pune10 Mar 2026AY 2018-19

Bench: Dr. Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Satya Prakash Singh, CAFor Respondent: Shri Nasavarak Jore,atj, Addl.CIT
Section 143(2)Section 143(3)Section 250Section 35(1)(iv)

40A to an employee engaged in such scientific research or on the purchase of materials used in such scientific research, the aggregate of the expenditure so laid out or expended within the three years immediately preceding the commencement of the business shall, to the extent it is certified by the prescribed authority to have been laid out or expended