BharatTax.net
SearchITATHigh CourtsSupreme CourtPhrasesAI ResearchHistory

Filters

BharatTax.net

Free search engine for ITAT (Income Tax Appellate Tribunal) judgments across all 28 benches in India.

Quick Links

  • Search Judgments
  • Browse by Bench
  • Recent Judgments

About

BharatTax provides free access to Income Tax Appellate Tribunal orders for legal research and reference.

© 2026 BharatTax.net. All rights reserved.

732 results for “disallowance”+ Section 35(1)(ii)clear

Sorted by relevance

Mumbai4,627Delhi4,154Bangalore1,562Chennai1,178Kolkata1,022Ahmedabad997Jaipur740Pune732Hyderabad658Indore471Chandigarh409Raipur323Surat311Cochin221Rajkot205Visakhapatnam198Cuttack165Amritsar158Nagpur145Karnataka140Lucknow106Guwahati68Allahabad50SC50Telangana46Calcutta44Jodhpur42Ranchi39Panaji34Patna32Agra30Kerala21Varanasi18Dehradun10Jabalpur9Punjab & Haryana7Himachal Pradesh4Rajasthan4Orissa2A.K. SIKRI N.V. RAMANA1ANIL R. DAVE AMITAVA ROY L. NAGESWARA RAO1MADAN B. LOKUR S.A. BOBDE1H.L. DATTU S.A. BOBDE1A.K. SIKRI ROHINTON FALI NARIMAN1

Key Topics

Section 143(3)77Section 14A75Addition to Income73Deduction56Disallowance55Section 3550Section 80P36Section 80I34Section 143(2)31Section 143(1)

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)

disallowance of deduction under section 35(2AB) of the Act. 34. Brief facts relating to the issue are that the assessee during the year under consideration had claimed deduction of ₹ 3.89 crores under section 35(2AB) of the Act being 150% of expenditure incurred of ₹ 2.594 crores. The Assessing Officer vide draft assessment order had short granted deduction under section

Showing 1–20 of 732 · Page 1 of 37

...
31
Section 10A28
Transfer Pricing14

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)

disallowance of deduction under section 35(2AB) of the Act. 34. Brief facts relating to the issue are that the assessee during the year under consideration had claimed deduction of ₹ 3.89 crores under section 35(2AB) of the Act being 150% of expenditure incurred of ₹ 2.594 crores. The Assessing Officer vide draft assessment order had short granted deduction under section

DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE -5, PUNE vs. SERUM INSTITUTE OF INDIA PVT LTD.,, PUNE

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

ITA 323/PUN/2021[2013-14]Status: DisposedITAT Pune15 Sept 2022AY 2013-14
For Appellant: Shri Percy PardiwallaFor Respondent: Shri J. P. Chadraker
Section 10ASection 14ASection 35Section 35(1)

35(1)/37 of Rs.14,37,06,712/-. (g) Disallowance of donation u/s 37(1) of Rs.5,50,000/-. (h) Disallowance of repairs to building, plant and machinery of Rs.1,16,36,450/-. 5 Disallowance of sales and promotion expenditure of Rs.2,90,94,637/-. (j) Disallowance of Corporate Guarantee Commission of Rs.1,20,29,793/-. (k) Disallowance of deduction

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)

ii) of sub-section (1) of section 32. 9. The assessee in the instant case has claimed the alleged expenditure u/s. 35(1)(iv) of the Act read with Explanation 1 to Section 35(2) of the Act which deals with the capital 9 ITA.No.2719/PUN./2024 (Epygen Biotech Pvt. Ltd.) expenditure incurred after the 31st day of March

DCIT CIRCLE 8 , PUNE vs. MAHLE ANAND THERMAL SYSTEMS PVT. LTD, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 96/PUN/2024[2015-16]Status: DisposedITAT Pune22 Jan 2025AY 2015-16

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India. 5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section but was u/s 35(2AB) by observing as under: “2.3 I have carefully considered the submission of the appellant in light

MAHLE ANAND THERMAL SYSTEMS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX, PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 333/PUN/2024[2014-15]Status: DisposedITAT Pune22 Jan 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India. 5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section but was u/s 35(2AB) by observing as under: “2.3 I have carefully considered the submission of the appellant in light

DCIT,CIRCLE-8 , PUNE vs. MAHALE ANAND THERMAL SYSTEMS PVT. LTD. , PUNE

In the result, the appeal and the CO filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 127/PUN/2024[2014-15]Status: DisposedITAT Pune22 Jan 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2014-15

For Appellant: Shri R D OnkarFor Respondent: Shri Amol Khairnar CIT-DR
Section 143(3)Section 35Section 35(1)(iv)

disallowance of weighted deduction claimed on expenditure incurred outside India. 5. In appeal, the Ld. CIT(A) allowed expenses incurred outside India on R&D u/s 35(1)(iv) although such claim was not under the same section but was u/s 35(2AB) by observing as under: “2.3 I have carefully considered the submission of the appellant in light

MRC TRANSOLUTIONS PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,, PUNE

In the result, the appeal of the assessee is allowed

ITA 528/PUN/2017[2013-14]Status: DisposedITAT Pune29 Jan 2021AY 2013-14
For Appellant: Shri Pramod ShingteFor Respondent: Shri Sudhendu Das
Section 133(6)Section 133ASection 245CSection 35(1)(ii)

disallowed the claim for deduction u/s 35(1)(ii) of the Act, drawing adverse inferences against the appellant. 7. Being aggrieved by the above assessment order, the appellant preferred an appeal before the ld. CIT(A), who vide his impugned order confirmed the action of the Assessing Officer taking note of the fact that the rescinding of approval granted

MINILEC INDIA PRIVATE LTD.,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is partly allowed

ITA 690/PUN/2015[2010-11]Status: DisposedITAT Pune09 Apr 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.690/Pun/2015 यििाारण वषा / Assessment Year : 2010-11 Minilec India Pvt. Ltd., 1073/1-2-3, At & Post Pirangut, अऩीऱाथी/Appellant Pune – 412111 …. Pan:Aabcm2682E Vs. The Asst. Commissioner Of Income Tax, …. प्रत्यथी / Respondent Circle 11(2), Pune

For Appellant: Shri Kishore PhadkeFor Respondent: Shri Mukesh Jha, JCIT
Section 143(3)Section 35Section 35(1)Section 35(1)(i)Section 35(1)(iv)Section 43BSection 69C

disallowed the claim. He further placed reliance on the ratio laid down by the Hon‟ble High Court of Karnataka in Tejas Networks Ltd. Vs. DCIT (2015) 60 taxmann.com 309 (Kar). 9. The learned Authorized Representative for the assessee further pointed out that the issue now stands covered by the decision of the Hon‟ble High Court of Delhi

CUMMINS INDIA LTD. vs. DEPUTY COMMISSIONER OF INCOME-TAX,,

In the result, appeal of assessee is partly allowed

ITA 309/PUN/2014[2009-10]Status: DisposedITAT Pune15 May 2018AY 2009-10

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.309/Pun/2014 यििाारण वषा / Assessment Year : 2009-10 Cummins India Limited, अऩीऱाथी/Appellant Kothrud, Pune – 411038 …. Pan: Aaacc7258B Vs. The Dy. Commissioner Of Income-Tax, …. प्रत्यथी / Respondent Circle 1(1), Pune

For Appellant: S/Shri Arvind SondeFor Respondent: Ms. Nirupama Kotru
Section 143(3)Section 92C

disallowance of deduction under section 35(2AB) of the Act. 15 Cummins India Limited. 34. Brief facts relating to the issue are that the assessee during the year under consideration had claimed deduction of ₹ 3.89 crores under section 35(2AB) of the Act being 150% of expenditure incurred of ₹ 2.594 crores. The Assessing Officer vide draft assessment order had short

DCIT, SWARGATE PUNE vs. CUMMINS INDIA LTD , PUNE

In the result, appeal of the assessee bearing ITA No

ITA 1256/PUN/2023[2018-19]Status: DisposedITAT Pune04 Dec 2025AY 2018-19
Section 115JSection 143(1)Section 143(1)(a)Section 143(2)Section 143(3)Section 144C(5)Section 14ASection 250Section 80JSection 92C

disallowance u/s.14A of the Act for the\nyear under consideration.\n11.2 The Appellant submits that considering the facts and\ncircumstances of its case and the law prevailing on the subject no\nadjustment whatsoever can be made to its \"book profits\" while\ncomputing its income u/s.115JB of the Act and the stand taken by\nthe Ld. AO/Hon'ble_DRP in this

AJINKYA MADHYAMIK SHIKSHAK SEVAK SAH. PATSANSTHA, MARYADIT,SATARA vs. INCOME TAX OFFICER, WARD-2, SATARA, SATARA

In the result, the appeal of the assessee is allowed

ITA 2214/PUN/2024[2020-21]Status: DisposedITAT Pune18 Jun 2025AY 2020-21
For Appellant: \nShri Prateek JhaFor Respondent: \nShri Akhilesh Srivastava
Section 139Section 139(1)Section 143(1)Section 80ASection 80P

35, are that the assessee is a patsanstha and\nengaged in accepting deposits from its members and in turn providing\ncredit facilities to its members. It provides its members with loans and\nearns interest thereon. The income of the assessee is eligible for claim of\ndeduction u/s 80P of the Income

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLIGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

ITA 506/PUN/2025[2015-16]Status: DisposedITAT Pune25 Aug 2025AY 2015-16

Bench: Shri R. K. Panda & Ms. Astha Chandrasr No 1

For Appellant: S/Shri Nikhil Pathak andFor Respondent: S/Shri Amol Khairnar, CIT-DR and
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)Section 80I

35(2AB) at Rs.5,74,79,168/- was disallowed. 53. In appeal, the Ld. CIT(A) / NFAC deleted the addition made by the Assessing Officer. 54. Aggrieved with such order of the Ld. CIT(A) / NFAC, the Revenue is in appeal before the Tribunal by raising the following grounds: 1. On the facts and in the circumstances of the case

BHARAT FORGE LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX,,

In the result, the appeal of assessee is partly allowed

ITA 13/PUN/2017[2011-12]Status: DisposedITAT Pune14 Nov 2018AY 2011-12

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.13/Pun/2017 यििाारण वषा / Assessment Year : 2011-12

For Appellant: Shri Nikhil PathakFor Respondent: Shri Abhijit Halder
Section 143(3)Section 14ASection 35Section 35(3)

1, Pune erred in not making a reference to the DSIR as per the provisions of Section 35(3) before confirming the disallowance of the deduction u/s. 35(2AB) to the extent of Rs.18,42,000/-. 3. The grounds of appeal No.1 to 1.5 raised by assessee are against disallowance made under section 14A of the Act r.w.s

STAR ENGINEERS INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 10,, PUNE

In the result, the appeal of assessee is allowed

ITA 1435/PUN/2018[2014-15]Status: DisposedITAT Pune27 Mar 2019AY 2014-15

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita No.1435/Pun/2018 यििाारण वषा / Assessment Year : 2014-15

For Appellant: Shri P.S. ShingteFor Respondent: Shri M.K. Verma
Section 143(3)Section 35

disallowed under section 35(2AB) of the Act. The CIT(A) had restricted the same to ₹ 29,11,882/-, against which the assessee is in appeal before us. 10. The Pune Bench of Tribunal in Minilec India Pvt. Ltd. Vs. ACIT (supra) on similar issue of claim of weighted deduction in the absence of any form No.3CL received from

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AURANGABAD, AURANGABAD vs. ENDURANCE TECHNOLOGIES LIMITED, AURANGABAD

In the result, all the appeals filed by the Revenue are dismissed

ITA 1660/PUN/2024[2014-15]Status: DisposedITAT Pune25 Aug 2025AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandrasr No 1

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 271(1)(c)Section 35Section 35(1)Section 80I

disallowed the amount of Rs.5,15,77,309/- on account of excess deduction u/s 35(2AB) of the Act. 46. In appeal, the Ld. CIT(A) / NFAC deleted the addition made by the Assessing Officer by observing as under: "Decision I have carefully gone through the facts of the case, grounds of appeal and submission of the appellant I find

ACIT, CIRCLE-5, PUNE, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PRIVATE LIMITED, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 1844/PUN/2024[2019]Status: DisposedITAT Pune22 Dec 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

35,312/- are attached herewith. 5. PRAYER It is accordingly prayed that the above additional ground of appeal may be admitted for adjudication of the appeal in the interest of justice. In this regard reliance is placed on the following judgements. (i) NTPC Ltd. [2017] 88 taxmann.com 561 (SC). (ii) Jute Corpn. of India Ltd. [1990] 53 Taxman

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD,PUNE vs. NATIONAL FACELESS APPEAL CENTRE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 154/PUN/2025[2016-17]Status: DisposedITAT Pune22 Dec 2025AY 2016-17

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

35,312/- are attached herewith. 5. PRAYER It is accordingly prayed that the above additional ground of appeal may be admitted for adjudication of the appeal in the interest of justice. In this regard reliance is placed on the following judgements. (i) NTPC Ltd. [2017] 88 taxmann.com 561 (SC). (ii) Jute Corpn. of India Ltd. [1990] 53 Taxman

SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD.,PUNE vs. ACIT, CIRCLE-5, PUNE, PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 1423/PUN/2025[2019-20]Status: DisposedITAT Pune22 Dec 2025AY 2019-20

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

35,312/- are attached herewith. 5. PRAYER It is accordingly prayed that the above additional ground of appeal may be admitted for adjudication of the appeal in the interest of justice. In this regard reliance is placed on the following judgements. (i) NTPC Ltd. [2017] 88 taxmann.com 561 (SC). (ii) Jute Corpn. of India Ltd. [1990] 53 Taxman

DY. COMMISSIONER OF INCOME-TAX, CIRCLE-5, PUNE vs. SHRINIWAS ENGINEERING AUTO COMPONENTS PVT. LTD., PUNE

In the result, ITA Nos. 154 to 156/PUN/2025 filed by the assessee are partly allowed for statistical purposes, ITA

ITA 114/PUN/2025[2020]Status: DisposedITAT Pune22 Dec 2025

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita Nos.154 To 156/Pun/2025 Assessment Years : 2016-17 To 2018-19

For Respondent: Shri Amit Bobde
Section 143(1)(a)Section 143(2)Section 2(24)(xviii)Section 43

35,312/- are attached herewith. 5. PRAYER It is accordingly prayed that the above additional ground of appeal may be admitted for adjudication of the appeal in the interest of justice. In this regard reliance is placed on the following judgements. (i) NTPC Ltd. [2017] 88 taxmann.com 561 (SC). (ii) Jute Corpn. of India Ltd. [1990] 53 Taxman