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123 results for “disallowance”+ Section 94(7)clear

Sorted by relevance

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Key Topics

Section 143(3)83Addition to Income81Section 14A62Section 143(2)56Disallowance49Deduction45Section 14838Section 80P(2)(a)33Section 12A29Section 153A

M/S GIRIRAJ ENTERPRISES,PUNE vs. DCIT, CENTRAL CIRCLE 1(1), PUNE, PUNE

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

ITA 427/PUN/2024[2015-16]Status: DisposedITAT Pune17 Oct 2024AY 2015-16

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2015-16

For Appellant: Shri Nikhil S PathakFor Respondent: Shri Amol Khairnar, CIT-DR
Section 10(35)Section 132Section 133ASection 143(1)Section 143(2)Section 153A

section 94 (7) of the act holding it to be sham and fictitious transaction is devoid of any merit. Accordingly on the merits also, orders of the lower authorities are reversed and ground number 4 – 7 of the appeal are allowed.” 20. We find Jaipur Bench of the Tribunal in the case of Agencies Rajasthan Pvt. Ltd. vs. ITO (supra

Showing 1–20 of 123 · Page 1 of 7

27
Section 143(1)25
Penalty20

INCOME TAX OFFICER, WARD-1, JALNA, INCOME TAX OFFICE, JALNA vs. THE BEED DISTRICT CENTRAL CO-OP. BANK LTD., BEED

In the result, the appeal of the Revenue in ITA No

ITA 801/PUN/2024[2014-15]Status: DisposedITAT Pune21 Feb 2025AY 2014-15
For Appellant: Shri Shubham N. RathiFor Respondent: Shri Amol Khairnar
Section 143(2)Section 143(3)Section 263Section 43BSection 43D

disallowed the provision on account of overdue interest of\nRs 34,94,01,100/- as there is no provision of Income Tax Act under which any\nprovision is allowed as expensed. The Hon'ble High Court of Bombay in CIT vs.\nDeogiri Nagari Sahakari Bank Ltd in 79 taxmann.com 396 (Bombay) [2017] dated\n22-01-2015 has held as under

NITIN DWARKADAS NYATI,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, PUNE

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

ITA 1251/PUN/2025[2020-21]Status: DisposedITAT Pune04 Nov 2025AY 2020-21

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2020-21

For Appellant: Shri Krishn V GujarathiFor Respondent: Shri Ratnakar Bhimrao Shelake
Section 143(1)Section 143(2)Section 143(3)Section 14A

section 14A of the Act. It is also his submission that the disallowance, if any, u/s 14A read with Rule 8D should be applicable only to such expenditure which may have any nexus with earning exempt income and not extend the disallowance to expenses having direct relation to earning taxable income. 11. We find some force in the above arguments

REXEL INDIA PRIVATE LIMITED,PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, PUNE

In the result, appeal of the assessee is partly allowed for statistical\npurposes

ITA 981/PUN/2024[AY 2016-17]Status: DisposedITAT Pune05 May 2025
Section 32(1)Section 43(1)Section 43(6)

7) of\nSection 43(1) and Explanation-2 of Section 43(6) of the IT Act 1961\nestablishes that the depreciation on goodwill as a result of amalgamation is\nnot allowable.\nResultantly, the claims made by the appellant in support of this ground do\nnot have any merit. Therefore, the addition made by assessing officer on\naccount of disallowance

KUMAR PROPERTIES AND REAL ESTATE PRIVATE LIMITED,PUNE vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 14, PUNE

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

ITA 2798/PUN/2025[2017-18]Status: DisposedITAT Pune09 Jan 2026AY 2017-18

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2017-18

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Basavaraj Hiremath, Addl.CIT
Section 142(1)Section 143(2)Section 14ASection 270A

94 to 135 of the paper book, submitted that the assessee before the Ld. Addl. / JCIT(A) had submitted that the Assessing Officer has wrongly calculated the disallowance u/s 14A of the Act read with Rule 8D of the Rules and the correct disallowance comes to Rs.7,95,909/-. However, the Ld. Addl. / JCIT(A) has not considered the calculation

FCA INDIA AUTOMOBILES PRIVATE LIMITED (SURVIVING ENTITY AFTER THE MERGER OF PCA MOTORS PVT LTD),PUNE vs. ASSESSMENT UNIT, INCOME TAX DEPARTMENT, NATIONAL FACELESS ASSESSMENT CENTRE

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

ITA 1781/PUN/2024[AY 2020-21]Status: DisposedITAT Pune23 Apr 2025

Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)

For Appellant: Shri Siddhesh ChauguleFor Respondent: Ms. Shilpa N. C
Section 10ASection 143(1)Section 143(3)Section 250Section 253Section 36(1)(va)Section 37

7 intimation u/s 143(1) of the IT Act of Rs.42,97,560/-. However, at the time of hearing Ld. Counsel of the assessee submitted before us that out of above addition an amount of Rs.32,94,172/- pertains to disallowance with regard to delayed PF payment and assessee is not pressing this ground to the extent of Rs.32,94

INCOME TAX OFFICER, WARD-1, JALNA, INCOME TAX OFFICE, JALNA vs. THE BEED DISTRICT CENTRAL CO-OP. BANK LTD., BEED

In the result, the appeal of the Revenue in ITA No

ITA 800/PUN/2024[2013-14]Status: DisposedITAT Pune21 Feb 2025AY 2013-14
For Appellant: \nDepartment by
Section 143(2)Section 143(3)Section 263Section 43BSection 43D

disallowed the provision on account of overdue interest of\nRs 34,94,01,100/- as there is no provision of Income Tax Act under which any\nprovision is allowed as expensed. The Hon'ble High Court of Bombay in CIT vs.\nDeogiri Nagari Sahakari Bank Ltd in 79 taxmann.com 396 (Bombay) [2017] dated\n22-01-2015 has held as under

INCOME TAX OFFICER, WARD-1, JALNA, INCOME TAX OFFICE, JALNA vs. THE BEED DISTRICT CENTRAL CO-OP. BANK LTD., BEED

In the result, the appeal of the Revenue in ITA No

ITA 802/PUN/2024[2015-16]Status: DisposedITAT Pune21 Feb 2025AY 2015-16
For Appellant: \nDepartment by
Section 143(2)Section 143(3)Section 263Section 43BSection 43D

disallowed the provision on account of overdue interest of\nRs 34,94,01,100/- as there is no provision of Income Tax Act under which any\nprovision is allowed as expensed. The Hon'ble High Court of Bombay in CIT vs.\nDeogiri Nagari Sahakari Bank Ltd in 79 taxmann.com 396 (Bombay) [2017] dated\n22-01-2015 has held as under

DCIT, CIRCLE 8 PUNE, PUNE vs. ALFA LAVAL INDIA PVT LTD, PUNE

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

ITA 2270/PUN/2024[2018-19]Status: DisposedITAT Pune10 Oct 2025AY 2018-19
Section 143(1)Section 143(2)Section 143(3)Section 14ASection 36(1)(va)Section 40Section 92C

section 40(a). Thus, the Ld. CIT(A) has deleted the disallowance without\nappreciating that these were actual expenses incurred during AY 2017-18\nby the assessee and not the \"provisions for expenses” on which TDS was\nnot deducted.\n2.2\nOn the facts and circumstances of the case the Ld. CIT(A) erred in not\nappreciating the fact that

CRYSTAL GLAZING & CLADDING,PUNE vs. INCOME TAX OFFICER, WARD-7(1), PUNE, PUNE

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

ITA 93/PUN/2024[2017-18]Status: DisposedITAT Pune07 Oct 2024AY 2017-18

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

For Appellant: Shri Suhas P BoraFor Respondent: Shri Ramnath P. Murkunde
Section 143(1)Section 143(2)Section 144Section 37(1)Section 68Section 69Section 69ASection 69C

7 Addition on account of disallowance of 15% of 4,94,419/- Unexplained Expenses U/Sec.37(1) of the Act Total 1,74,61,831/- 3. The learned CIT(A) failed to appreciate that the various notices fixed for hearing were not received by the appellant. 4. The learned CIT(A) failed to appreciate that he ought to have verified whether

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)

94,11,786/- and grant relief to the appellant. The appellant has raised the objection on the denial of deduction u/s 80P(2) of the Act through ground nos. 1, therefore, ground nos. 1 of appeal filed by the appellant is partly allowed. 7.8 Ground no. 2 and 3 are on the issue on non-offering the interest income

PARAG MILK FOODS LTD,,PUNE vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE - 4,, PUNE

In the result, the Appeal of the Assessee is Partly Allowed

ITA 177/PUN/2022[2016-17]Status: DisposedITAT Pune21 Jun 2023AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.177/Pun/2022 िनधा"रण वष" / Assessment Year :2016-17 Parag Milk Foods Ltd., The Assistant Awasari Phata,Village Manchar, Vs Commissioner Of Income Tal - Ambegaon, Tax, Circle-4, Pune. Dist-Pune – 411503. Pan: Aabcp 0425 G Assessee/ Appellant Respondent /Revenue Assessee By Shri Suhas Bora – Ar Revenue By Shri M.G.Jasnani – Dr Date Of Hearing 24/04/2023 Date Of Pronouncement 21/06/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax (Appeal)[Ld.Cit(A)], Pune-11 Dated 04.02.2022 Emanating From Assessment Order Under Section 143(3) Of The Act Dated 26.12.2018 For A.Y.2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “1. The Learned Cit(A) Has Erred In Confirming The Action Of The Assessing Officer Of Making An Addition Of Rs.1,15,71,588/- On Account Of Disallowance Of Deduction U/Sec.80Ia Of The Act On The Ground That The Assessee Has Not Complied With The Conditions Which Are Necessary To Claim Deduction U/Sec.80Ia Of The Act & Failed To Furnish Any Concrete Evidence To Prove That The Parag Milk Foods Ltd., [A]

Section 143(3)Section 37Section 40A(7)Section 80I

section 80IA(7) of the Act clearly provides that no deduction shall be admissible unless the accounts of the undertaking for the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant. Thus, the condition of maintaining separate accounts for the undertaking is mandatory. Though, there are some decisions as relied

ECOBOARD INDUSTRIES LTD,PUNE vs. DY COMM OF INCOME TAX CIRCLE 1(1) PUNE, PUNE

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1150/PUN/2024[2017-18]Status: DisposedITAT Pune17 Jan 2025AY 2017-18

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1148 To 1151/Pun/2024 Assessment Years : 2017-18 & 2018-19

For Appellant: Shri Sharad A. VazeFor Respondent: Shri Sandeep P. Sathe
Section 143(2)Section 143(3)Section 269SSection 269TSection 270ASection 270A(2)Section 271DSection 36(1)(va)Section 40Section 40A(7)

7 Unpaid Taxes/Dues Rs.79,23,070/- 8 Disallowance of Provisions for Bad Rs.3,42,00,280/-. and Doubtful Debts, Doubtful Advances and loss on disposal of slow moving stock Ecoboard Industries Ltd., Ld. AO also initiated proceedings u/s.270A(2) of the Act and issued show cause notices to the assessee to which there was no compliance from the side

ECOBOARD INDUSTRIES LTD,PUNE vs. DY COMM OF INCOME TAX, CIR 1(1), PUNE, PUNE

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1148/PUN/2024[2017-18]Status: DisposedITAT Pune17 Jan 2025AY 2017-18

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1148 To 1151/Pun/2024 Assessment Years : 2017-18 & 2018-19

For Appellant: Shri Sharad A. VazeFor Respondent: Shri Sandeep P. Sathe
Section 143(2)Section 143(3)Section 269SSection 269TSection 270ASection 270A(2)Section 271DSection 36(1)(va)Section 40Section 40A(7)

7 Unpaid Taxes/Dues Rs.79,23,070/- 8 Disallowance of Provisions for Bad Rs.3,42,00,280/-. and Doubtful Debts, Doubtful Advances and loss on disposal of slow moving stock Ecoboard Industries Ltd., Ld. AO also initiated proceedings u/s.270A(2) of the Act and issued show cause notices to the assessee to which there was no compliance from the side

ECOBOARD INDUSTRIES LTD,PUNE vs. DY COMM OF INCOME TAX CIRCLE 1(1) PUNE, PUNE

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1151/PUN/2024[2018-19]Status: DisposedITAT Pune17 Jan 2025AY 2018-19

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1148 To 1151/Pun/2024 Assessment Years : 2017-18 & 2018-19

For Appellant: Shri Sharad A. VazeFor Respondent: Shri Sandeep P. Sathe
Section 143(2)Section 143(3)Section 269SSection 269TSection 270ASection 270A(2)Section 271DSection 36(1)(va)Section 40Section 40A(7)

7 Unpaid Taxes/Dues Rs.79,23,070/- 8 Disallowance of Provisions for Bad Rs.3,42,00,280/-. and Doubtful Debts, Doubtful Advances and loss on disposal of slow moving stock Ecoboard Industries Ltd., Ld. AO also initiated proceedings u/s.270A(2) of the Act and issued show cause notices to the assessee to which there was no compliance from the side

ECOBOARD INDUSTRIES LTD,PUNE vs. DY COMM OF INCOME TAX CIRCLE 1(1) PUNE, PUNE

In the result, all the appeals of the assessee are allowed for statistical purposes

ITA 1149/PUN/2024[2017-18]Status: DisposedITAT Pune17 Jan 2025AY 2017-18

Bench: Dr.Manish Borad & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1148 To 1151/Pun/2024 Assessment Years : 2017-18 & 2018-19

For Appellant: Shri Sharad A. VazeFor Respondent: Shri Sandeep P. Sathe
Section 143(2)Section 143(3)Section 269SSection 269TSection 270ASection 270A(2)Section 271DSection 36(1)(va)Section 40Section 40A(7)

7 Unpaid Taxes/Dues Rs.79,23,070/- 8 Disallowance of Provisions for Bad Rs.3,42,00,280/-. and Doubtful Debts, Doubtful Advances and loss on disposal of slow moving stock Ecoboard Industries Ltd., Ld. AO also initiated proceedings u/s.270A(2) of the Act and issued show cause notices to the assessee to which there was no compliance from the side

ARISTON GROUP INDIA PRIVATE LIMITED,PUNE vs. THE ASSESSEMENT UNIT, INCOME TAX DEPARTMENT, NFAC AND THE DCIT, CIRCLE 1(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

ITA 1680/PUN/2024[2020-21]Status: DisposedITAT Pune09 Apr 2025AY 2020-21

Bench: Shri R.K.Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1680/Pun/2024 िनधा"रण वष" / Assessment Year: 2020-21 Ariston Group India Private The Assessment Unit, Limited, Income Tax Department, 1St Floor, Office No.103, V National Faceless Mayfai Tower, Wakdewadi, S. Assessment Centre, Shivaji Nagar, Pune-411005. Delhi(“Nfac”), The Dcit, Circle-1(1), Pune. Pan: Aaoca7042D Appellant/ Assessee Respondent / Revenue Assessee By Shri Ketan Ved – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 15/01/2025 Date Of Pronouncement 09/04/2025 आदेश/ Order Per Vinay Bhamore, Jm: This Is An Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143(3) R.W.S 144C(3) Read With Section 144B Of The Income Tax Act, 1961, Dated 18.06.2024 For A.Y.2020- 21. The Assessee Has Raised The Following Grounds Of Appeal : “Based On The Facts & Circumstances Of The Case, Ariston Group India Private Limited (Hereinafter Referred To As "Ariston India' Or 'The Appellant) Prefers An Appeal For The Assessment Year 2020-21 Against

Section 143(3)Section 144Section 144BSection 144C(13)Section 37(1)Section 92C

disallowing the 'Payment of management service' under section 37(1) of the act disregarding the fact that the said expenses are incurred wholly and exclusively for the purposes of the business of the Appellant and hence the same is allowable under section 37(1) of the Act. 7 Initiation of Penalty Proceedings: 7.1 The Ld. AD pursuant to the direction

DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-7 PUNE, PUNE vs. L B KUNJIR, PUNE

In the result, appeal of the Revenue is dismissed

ITA 1255/PUN/2023[2020-21]Status: DisposedITAT Pune26 Mar 2024AY 2020-21

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1255/Pun/2023 िनधा"रण वष" / Assessment Year : 2020-21 The Deputy Commissioner L B Kunjir, Of Income Tax, V S.No.52/1 Swanand Circle-7, Pune. S Building, Shree Ram Hsg Society, Kharadi, Chandanagar, Pune – 411037. Pan: Aabfl9816E Appellant / Revenue Respondent / Assessee Assessee By Shri Nikhil Pathak – Ar Revenue By Shri R.Y.Balawade – Addl.Cit Date Of Hearing 12/03/2024 Date Of Pronouncement 26/03/2024 आदेश/ Order

Section 250Section 80Section 80I

disallow deduction under section 80IA(4) when facts are similar. Findings &Analysis : 6. We have heard both the parties and perused the records. Ground No.1 & 2 of the Revenue are related to deduction under section 80IA(4) computed in such a way that each wind mill was treated as a separate undertaking. It is a fact that ITAT by consolidated

KUMAR URBAN DEVELOPMENT PVT. LTD (SUCCESSOR KUMAR HOUSING CORPORATION PVT LTD),PUNE vs. DCIT CIRCLE 14, PUNE

ITA 2874/PUN/2024[2014-15]Status: DisposedITAT Pune18 Aug 2025AY 2014-15
For Appellant: Shri Nikhil S PathakFor Respondent: Shri Ramnath P Murkunde
Section 143(2)Section 32Section 36(1)(iii)

disallowance u/s 36(1)(iii) and the\ndisallowance of depreciation of Rs.10,74,599/-. However, since the assessee is not\nin appeal before us on these two issues, we are not concerned with the same.\n9.\nSo far as the addition of trade advances from customers of Rs.26,90,56,640/-\nis concerned, the Ld. CIT(A) / NFAC gave part

MS IMSOFER MANUFACTURING INDIA PRIVATE LIMITED (NOW KNOWN AS FERRERO INDIA PRIVATE LIMITED),PUNE vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1(1)– PUNE AND NATIONAL FACELESS ASSESSMENT CENTRE, DELHI, PUNE AND NFAC (DELHI)

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

ITA 1316/PUN/2024[2012-13]Status: DisposedITAT Pune11 Mar 2025AY 2012-13

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1316/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 M/S. Imsofer Manufacturing Vs. Dcit, Circle-1(1), Pune. India Private Limited (Now Known As Ferrero India Private Limited), World Trade Center, 8Th Floor, Tower-3, Kharadi- 411014. Pan : Aabci6450N Appellant Respondent Assessee By : Shri Siddhesh Chaugule & Nagma Gupta Revenue By Shri Amol Khairnar : Date Of Hearing : 18.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 16.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “General Grounds: 1. On The Facts & Circumstances Of The Case & In Law, The Hon. Cit(A) Has Erred In Passing Order Under Section 250 Of The Act I.E. Levying Penalty Of Inr 3,55,82,949/-. Legal Grounds:

For Appellant: Shri Siddhesh Chaugule &
Section 154Section 250Section 251Section 271(1)(c)Section 275(1)(A)

disallowance is merely due to difference of opinion between the Appellant and the learned transfer pricing officer ('Ld. TPO’) Hon. CIT(A) with regard to the arm's length price and thus it does not lead to levy of penalty under section 271(1)(c) of the Act. 7. On the facts and circumstances of the case