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185 results for “disallowance”+ Section 40A(7)clear

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Key Topics

Addition to Income84Section 40A(3)72Disallowance68Section 143(3)64Deduction30Section 4024Section 12A24Section 40A(2)(b)23Section 26323Section 143(2)

SURESH CHUNNILAL SHARMA,,PARBHANI vs. INCOME-TAX OFFICER, WARD - PARBHANI,, PARBHANI

In the result, the appeal is partly allowed for statistical

ITA 1883/PUN/2018[2013-14]Status: DisposedITAT Pune16 Feb 2021AY 2013-14

Bench: Shri R.S. Syalआयकर अपील सं. / Ita No.1883/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14

Section 40A(3)

7 Suresh Chunnilal Sharma 8. On a conjoint reading of section 40A(3) read with the first proviso to section 40A(3A) on one hand and rule 6DD on the other, it is manifest that the proviso provides for the cushion from disallowance

SHREE RAM CARGO PRIVATE LIMITED,PUNE vs. INCOME TAX OFFICER, WARD 6(5), PUNE, PMT BUILDING, SHANKAR SHET ROAD, PUNE

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

ITA 1568/PUN/2024[2015-16]Status: DisposedITAT Pune16 Dec 2024AY 2015-16

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1568/Pun/2024 "नधा"रण वष" / Assessment Year : 2015-16 Shree Ram Cargo Private Limited, Vs. Ito, Ward-6(5), 3-A & B, Archies Court, Pune Shankar Shet Road, Pune 411 037 Maharashtra Pan : Aalcs3844A Appellant Respondent

Showing 1–20 of 185 · Page 1 of 10

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19
Section 40A(2)(a)18
TDS13
For Appellant: Shri Nikhil MuthaFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 143(3)Section 250Section 40Section 40ASection 40A(3)

40A(3) is not acceptable as no such exception has been provided for by the section. However w.e.f. 1.10.2009 in case of payment made for plying, hiring or leasing goods carriage disallowance is to be made if the payment made is in excess of Rs.35,000/- otherwise by way of account payee cheque or account payee draft. It is seen

ADIENT INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(1),, PUNE

In the result, the appeal is allowed for statistical purposes

ITA 2986/PUN/2017[2013-14]Status: DisposedITAT Pune31 May 2021AY 2013-14

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2013-14 Adient India Private Limited Vs. Dcit, Plot No.1, S No.235 & 245, Circle-1(1), Pune Hinjewadi, Tal-Mulshi, Pune - 411057 Pan : Aaact6342D Appellant Respondent Assessee By Shri Dhanesh Bafna Revenue By S/Shri Kalika Singh & Madhavan A.M. Krishnan Date Of Hearing 27-05-2021 Date Of Pronouncement 31-05-2021 आदेश / Order Per R.S.Syal, Vp : This Appeal By The Assessee Is Directed Against The Final Assessment Order Dated 27-10-2017 Passed By The Assessing Officer (Ao) U/S.143(3) Read With Section 144C(13) Of The Income-Tax Act, 1961 (Hereinafter Also Called ‗The Act‘) In Relation To The Assessment Year 2013-14. 2. The Only Issue Raised In This Appeal Is Against Transfer Pricing Addition Of Rs.5,95,39,429. Succinctly, The Factual Matrix Of The Case Is That The Assessee Was Earlier A 50:50 Joint

Section 143(3)Section 144C(13)

disallowance u/s 40A(2) is of no avail in determining the ALP of SDTs under the transfer pricing provisions. Once the ALP is to be determined under Chapter X, one needs to strictly adhere to the mechanism set out in the respective methods and not go arbitrarily by any non- prescribed mode or method. Vindicating the assessee‘s contention

ADIENT INDIA PVT.LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -7,, PUNE

Appeals are partly allowed for statistical purposes in above terms

ITA 1506/PUN/2017[2010-11]Status: DisposedITAT Pune06 May 2022AY 2010-11

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

For Appellant: Ms. Aarti SatheFor Respondent: Shri S.P. Walimbe
Section 115JSection 143(3)Section 40A(2)(a)Section 40A(2)(b)

disallowance under section 40A(2)(b) afresh - Held, yes" The appellant in this case has not brought any material on record to prove that payments made to TACO is not excessive or unreasonable. Under these circumstances, invocation of section 40A(2)(b) is correct. 5.9 The appellant has also submitted that without prejudice to above grounds the learned

ADIENT INDIA PRIVATE LIMITED,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

Appeals are partly allowed for statistical purposes in above terms

ITA 1507/PUN/2017[2011-12]Status: DisposedITAT Pune06 May 2022AY 2011-12

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

For Appellant: Ms. Aarti SatheFor Respondent: Shri S.P. Walimbe
Section 115JSection 143(3)Section 40A(2)(a)Section 40A(2)(b)

disallowance under section 40A(2)(b) afresh - Held, yes" The appellant in this case has not brought any material on record to prove that payments made to TACO is not excessive or unreasonable. Under these circumstances, invocation of section 40A(2)(b) is correct. 5.9 The appellant has also submitted that without prejudice to above grounds the learned

ADIENT INDIA PRIVATE LIMITED,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 14,, PUNE

Appeals are partly allowed for statistical purposes in above terms

ITA 512/PUN/2018[2012-13]Status: DisposedITAT Pune06 May 2022AY 2012-13

Bench: Shri S.S. Godara & Dr. Dipak P. Ripote

For Appellant: Ms. Aarti SatheFor Respondent: Shri S.P. Walimbe
Section 115JSection 143(3)Section 40A(2)(a)Section 40A(2)(b)

disallowance under section 40A(2)(b) afresh - Held, yes" The appellant in this case has not brought any material on record to prove that payments made to TACO is not excessive or unreasonable. Under these circumstances, invocation of section 40A(2)(b) is correct. 5.9 The appellant has also submitted that without prejudice to above grounds the learned

UTTAM ENERGY LIMITED,PUNE vs. ACIT CIRCLE-12, PUNE

Appeal of the Assessee is partly allowed

ITA 2033/PUN/2019[2015-16]Status: DisposedITAT Pune30 May 2024AY 2015-16

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2033/Pun/2019 िनधा"रण वष" / Assessment Year: 2015-16 Uttam Energy Limited, The Acit, Circle-12, Mahendra Chamber, Mayfair V Pune. Co-Op Housing Society, S A-4, Dhole Patil Road, Pune – 411001. Pan: Aabcu4100H Appellant/ Revenue Respondent /Assessee Assessee By Shri Ch Naniwadekar & Kiran Sanmane – Ar;S Revenue By Shri Deepak Garg – Cit Date Of Hearing 16/05/2024 Date Of Pronouncement 30/05/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Has Been Filed By The Assessee Against The Final Assessment Order Of The Learned Acit, Circle-12, Pune Passed U/Sec. 143(3) R.W.S. 144C(13) Of The Of The Income Tax Act, 1961 (In Short "The Act") After Giving Effect To The Learned Drp’S Order Dated 24.09.2019. 1.1 The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 153Section 153(1)Section 40A(2)(b)Section 92BSection 92C

7. It is for this precise reason, tribunal has rightly held that order passed by the TPO and DRP is unsustainablein the eyes of law. The said finding is based on the authoritative principles enunciated by the Hon'ble Supreme Court in Kolhapur Canesugar Works Ltd. referred to herein supra which has been followed by Co-ordinateBench of this Court

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) of the Act. Rejecting the various explanations given by the assessee, the Assessing Officer made addition of Rs.66,20,000/- u/s 40A(3) of the Act. 6. Before the CIT(A) / NFAC, the assessee, apart from challenging the addition on merit, challenged the validity of the re-assessment proceedings. It was explained that the reopening was made

SURYAKANT DNYANESHWAR KATALE,LATUR vs. PR. COMMISSIONER OF INCOME-TAX-2, AURANGABAD

In the result, the appeal is allowed

ITA 231/PUN/2020[2011-12]Status: DisposedITAT Pune06 Jun 2022AY 2011-12

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi"नधा"रण वष" / Assessment Year : 2011-12

Section 143(3)Section 148Section 163Section 263Section 40A(3)

section 40A(3) of the Act, as under : 3 Suryakant D. Katale Sr. Name of party Cash Actual Amount Balance cash No. payment as cash already payment per Notice payment disallowed allowed by AO u/s.263 by AO after verification of affidavits of payee, ID proofs 1 Hasan Md. 412500 412500 0 412500 Pathan, Pakahrsangvi 2 Rajan Jaganth

FLEETGUARD FILTERS PRIVATE LIMITED,PUNE vs. DY COMMISSIONER OF INCOME TAX CIRCLE 1(1), PUNE

In the result, appeal of the Assessee dismissed

ITA 921/PUN/2023[2016-2017]Status: DisposedITAT Pune24 Apr 2024AY 2016-2017

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.921/Pun/2023 िनधा"रण वष" / Assessment Year : 2016-17 Fleetguard Filters Private The Dy.Commissioner Of Limited, V Income Tax, Circle-1(1), 136, Park Marina Road, S Pune. Baner, Pune – 411045. Pan: Aaace3125C Appellant/ Assessee Respondent /Revenue Assessee By Shri Sharad A Shah – Ar Revenue By Shri Sandeep P. Sathe – Dr Date Of Hearing 12/04/2024 Date Of Pronouncement 24/04/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi Under Section 250 Of The Income Tax Act, 1961, For Ay 2016-17 Dated 23/06/2023,Emanating From The Order Under Section 143(3) Of The Act, Dated 19.12.2018.The Assessee Has Raised The Following Grounds Of Appeal : “A. The Learned Commissioner Of Income Tax (Appeals) Made A Mistake In Disallowing The Payment Made For Gratuity To Its Employees Amounting To Rs 28.28,922/-. Fleetguard Filters Private Limited [A]

Section 143(3)Section 250Section 40ASection 40A(7)

section 40A(7), direct payments to the employee through profit and loss account is not allowable when the payment to gratuity fund was allowed as deduction. Therefore, the AO disallowed

BSNL KARMACHARI SAHAKARI PAT SANSTHA MARYADIT ,KOLHAPUR vs. THE INCOME TAX OFFICER, WARD-2(1), KOLHAPUR

In the result, appeal of the assessee is partly allowed

ITA 1957/PUN/2024[2019-20]Status: DisposedITAT Pune12 Nov 2024AY 2019-20

Bench: Dr.Manish Boradआयकर अपील सं. / Ita No.1957/Pun/2024 "नधा"रण वष" / Assessment Years : 2019-20

For Appellant: Shri Vaibhav R. ChauguleFor Respondent: Shri B.S.Rajpurohit
Section 143(1)(a)Section 250Section 44ASection 80P

40A(3) and section 43B etc., and other specific disallowances which relate to the business activity against which Chapter VIA deduction has been claimed, enhancement of the profits of the eligible business on account of any such disallowance, shall increase the ‘business income’ which inturn are eligible for deduction u/s.80P of the Act. 9. So far as the remaining amount

SHARADA ELECTORS PRIVATE LIMITED,PUNE vs. PCIT, PUNE-3, PUNE

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

ITA 1432/PUN/2025[2020-21]Status: DisposedITAT Pune22 Sept 2025AY 2020-21

Bench: Dr.Manish Borad & Shri Vinay Bhamore

For Appellant: Shri Kishor B. PhadkeFor Respondent: Shri Amit Bobde
Section 142(1)Section 143(1)Section 143(2)Section 14ASection 263

disallowed under section 40A(7) in ITR in comparison to audit report,  Claim or large Refund,  Low income compared to large

M/S. SHREE BUILDCON & ASSOCIATES,,NASHIK vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is dismissed

ITA 445/PUN/2015[2010-11]Status: HeardITAT Pune10 May 2022AY 2010-11

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi"नधा"रण वष" / Assessment Year : 2010-11

Section 40A(3)

7 M/s. Shree Buildcon & Associates were justified in coming to the conclusion that clause (k) of Rule 6DD was not attracted. If Rule 6DD is taken out of purview, then the payment is otherwise in violation of section 40A(3) of the Act. As such payments were made in violation of the provision, we hold that the disallowance

INCOME TAX OFFICER, WARD 5,SANGLI., SANGLI. vs. SHREE GANESH NAGARI SAHAKARI PAT SANSTHA MARYADIT, ASHTA,, ASHTA

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

ITA 2375/PUN/2025[2018-19]Status: DisposedITAT Pune06 Jan 2026AY 2018-19

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2375/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Ito, Ward-5, Sangli. Vs. Shree Ganesh Nagari Sahakari Pat Sanstha Maryadit, Ashta, Tal. Walwa, Dist. Sangli, Sangli- 416301. Pan : Aaaas8248R Appellant Respondent C. O. No.49/Pun/2025 (Arising Out Of Ita No.2375/Pun/2025) िनधा"रण वष" / Assessment Year : 2018-19 Shree Ganesh Nagari Vs. Ito, Ward-5, Sangli. Sahakari Pat Sanstha Maryadit, Ashta, Tal. Walwa, Dist. Sangli, Sangli- 416301. Pan : Aaaas8248R Appellant Respondent Revenue By : Shri Umesh Phade Assessee By : Shri Sarang Gudhate Date Of Hearing : 25.11.2025 Date Of Pronouncement : 06.01.2026 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Revenue Is Directed Against The Order Dated 05.08.2025 Passed By Ld. Cit(A)/Nfac For The Assessment

For Appellant: Shri Sarang GudhateFor Respondent: Shri Umesh Phade
Section 143(3)Section 28Section 36(1)(va)Section 80P(2)Section 80P(2)(d)

disallowance under section 40 (a)(ia) of the Act would quality for deduction under section 80-18 of the Act. This view was taken by the courts in the following cases: 7 C.O. No.49/PUN/2025 • Income-tax Officer - Ward 5(1) vs. Keval Construction, Tax Appeal No. 443 of 2012, December 10, 2012, Gujarat High Court. • Commissioner of Income

DANA INDIA PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1(2),, PUNE

In the result, the appeal is partly allowed

ITA 473/PUN/2018[2013-14]Status: DisposedITAT Pune25 Feb 2021AY 2013-14

Bench: Shri R.S. Syal & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.473/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14

Section 143(3)Section 92C

disallowance of Rs.27,98,305/- towards contribution to the employees’ gratuity fund and Rs.42,44,970/- towards contribution to superannuation fund. The AO invoked the provisions of section 40A(7

DEPUTY COMMISSIONER OF INCOME-TAX, PANVEL CIRCLE, PANVEL,, PANVEL vs. NITIN NARAYAN ADHIKARI,, RAIGAD

Appeal is dismissed in above terms

ITA 1666/PUN/2019[2009-10]Status: DisposedITAT Pune15 Jun 2022AY 2009-10

Bench: Shri S.S.Godara, Jm & Shri Dr. Dipak P. Ripote, Am आयकर अपीऱ सं. / Ita No.1666/Pun/2019 ननधधारण वषा / Assessment Year : 2009-10

For Appellant: Shri Shailajeet Shrihari ChafekarFor Respondent: Shri S. P. Walimbe
Section 143(3)Section 40A(3)

section 40A(3) disallowance in his hands. We thus hold that the learned Assessing Officer had erred in making the impugned disallowance in facts of the instant case. The CIT(A)’s findings under challenge stand affirmed therefore. 5. This Revenue’s appeal is dismissed in above terms. Order pronounced in the Open Court on this 15th day of June

M/S. BAFNA BUILDERS & LAND DEVELOPERS,,JALGAON vs. JOINT COMMISSIONER OF INCOME-TAX,,

Appeal is partly allowed in above terms

ITA 185/PUN/2015[2010-11]Status: DisposedITAT Pune27 Apr 2022AY 2010-11

Bench: Shri Satbeer Singh Godara & Dr. Dipak P. Ripotem/S. Bafna Builders & Jcit, Range - 1 Land Developers Jalgaon 425001 "Nayantara", Subhash Chowk Vs. Jalgaon 425001 Pan – Aadfb4627P Appellant Respondent Appellant By: Shri Sunil Ganoo Respondent By: Shri S.P. Walimbe Date Of Hearing: 22.04.2022 Date Of Pronouncement: 27.04.2022 O R D E R Per S.S. Godara, Jm This Assessee’S Appeal For Ay 2010-11 Is Against The Order Of The Cit(A) 2, Nashik Dated 13.01.2015 Passed In Case No. Nsk/Cit(A)-2/4713-14 Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961 In Short “The Act”.

For Appellant: Shri Sunil GanooFor Respondent: Shri S.P. Walimbe
Section 143(3)

7. Next comes the unproved cash vouchers and purchase as well as transportation expenses disallowance of Rs. 2,50,000/- and Rs.3,50,326/-; respectively, made on adhoc basis. The assessee’s sole plea before us is that the same be reduced to a reasonable disallowance of 5% only. The fact remains that the learned lower authorities have already taken

SANT DAMAJI SAHAKARI SAKHAR KARKHANA LTD,,SOLAPUR vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 1,, SOLAPUR

The appeal is dismissed

ITA 205/PUN/2018[2013-14]Status: DisposedITAT Pune26 Aug 2022AY 2013-14

Bench: Shri S.S. Godara & G.D. Padmahshalim/S. Sant Damaji Sahakari Acit, Circle -1 Sakhar Karkhana Ltd. Aaykar Bhavan A/P. Mangalwedha Vs. Hotgi Road Tal. Mangalwedha Solapur 413003 Dist. Soalpur 413305 Pan –Aaats5265K Appellant Respondent Appellant By: None Respondent By: Shri Sardar Singh Meena Date Of Hearing: 17.08.2022 Date Of Pronouncement: 26.08.2022 O R D E R Per S.S. Godara, Jm This Assessee’S Appeal For Ay 2013-14 Arises Against The Cit(A) 7, Pune’S Order Dated 25.10.2017 Passed In Case No. Pn/Cit (A)-7/Cir-1/10570/2016- 17, Involving Proceedings Under Section 143(3) Of The Income Tax Act, 1961 (In Short The Act).

For Appellant: NoneFor Respondent: Shri Sardar Singh Meena
Section 143(3)Section 40Section 40A(3)

7, Pune has erred in disallowing and adding back an amount Rs. 1,72,16,145/- on account of Income was not offered for Tax belong to Cattle camps/ fodder depot.” 3. It emerges at the outset that the assessee’s former twin substantive grounds of excess cane price paid to members/non members as well as sale of sugar

SILVER OAK BUILDCON PVT. LTD.,PUNE vs. ACIT-6, PUNE, PUNE

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

ITA 2589/PUN/2024[2017-18]Status: DisposedITAT Pune15 Jan 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreassessment Year : 2017-18

For Appellant: Miss Aarti ThakkarFor Respondent: Shri Arvind Desai, Addl. CIT-DR
Section 143(1)Section 143(2)Section 270ASection 36(1)(va)Section 43B

7 relating to disallowance made under section 14A and Assessing Officer as well as assessee had used same details to arrive at different quantum of disallowances, this by no stretch of imagination could be held to be 'misreporting' and further, in absence of details as to which limb of section 270A was attracted, penalty order was quashed. 14. Referring

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)

disallow the above amount in view of the provisions of section 40A(3) of the I.T Act, the order dated 30.09.2021 passed by the AO is erroneous and prejudicial to the interest of revenue. ITA No.847/PUN/2024 [A] 4.2 On verification of the Assessment order, it was noticed that there is a discrepancy in the figures of opening WDV, closing