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18 results for “reassessment”+ Section 40A(3)clear

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Key Topics

Section 12A39Section 1125Section 10(20)24Section 143(3)23Section 26314Addition to Income13Section 14812Section 40A(3)12TDS9Exemption

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

8
Section 1477
Reopening of Assessment5

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

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 543/PUN/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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

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 544/PUN/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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

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 1154/MUM/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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

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

reassessment proceedings even the income which has escaped assessment has to be computed in accordance with the provisions of the Act which will include section 11 as is in the present case. It will not be correct to say that while computing income under section 148 the entire gross receipts are to be taxed. Further, it is not the case

DILIP BABURAO DALVI,,KOLHAPUR vs. INCOME-TAX OFFICER, WARD - 2 (1),, KOLHAPUR

In the result, the appeal is allowed

ITA 1552/PUN/2019[2009-10]Status: DisposedITAT Pune19 Aug 2020AY 2009-10

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Raviनिर्धारण वषा / Assessment Year : 2009-10 Shri Dilip Baburao Dalvi Vs. Ito, Ward 2(1), 33, Shivaji Housing Society, Kolhapur 12Th Lane Rajarampuri, Kolhapur – 416008 Pan : Abepd8027H Appellant Respondent

Section 139(1)Section 143(1)Section 147Section 148Section 40A(3)

section is invoked because of making payment in excess of the prescribed limit against the 5 Dilip B Dalvi genuine transaction otherwise than through account payee cheque etc. 6. There is no gainsaying that re-assessment can be tested on the basis of reasons recorded and not otherwise. The Hon‟ble Bombay High Court in the case of Godrej Industries

PUNE MATHADI HAMAL AND OTHER MANUAL WORKERS BOARD,PUNE vs. INCOME TAX OFFICER, WARD-5(1), PUNE, PUNE

In the result, appeal of the assessee is partly allowed

ITA 1012/PUN/2023[2018-19]Status: DisposedITAT Pune27 Jun 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1012/Pun/2023 िनधा"रण वष" / Assessment Year : 2018-19 Pune Mathadihamal & Other The Income Tax Manual Workers Board, V Officer, Shramashakti Bhavan, S Ward-5(1), Pune. Coomercial Plot No.1, Market Yard, Pune – 411037. Pan: Aaalp0097L Appellant/ Assessee Respondent /Revenue Assessee By Shri Vipul Joshi – Ar Revenue By Shri Ajay Kumar Keshari & Shri Rajesh Gawali– Dr’S Date Of Hearing 17/04/2024 Date Of Pronouncement 27/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Orders Of Ld.Commissionerof Income Tax(Appeals)[Nfac], Under Section 250 Of The Act Dated 14.07.2023 :

For Appellant: 2. The ld.AR submitted written submissions, relevant part of the same is reprodu
Section 11Section 12ASection 143(3)Section 250

40A (2) of the Act. The assessee i.e NLT had received services from TACL in respect of which payment had been made as per documentary evidence on record and thus, there was no warrant for disallowance paid to TACL by the assessee when the payment was adjudged on the principle of commercial expediency when viewed from the point of view

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

section 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

FARHATULLAH KHAN HAMEED KHAN,,AURANGABAD vs. INCOME-TAX OFFICER,,

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

ITA 836/PUN/2016[2008-09]Status: DisposedITAT Pune17 May 2018AY 2008-09

Bench: Shri D. Karunakara Rao, Am

For Appellant: Smt. Deepa KhareFor Respondent: Shri Pankaj Garg
Section 147Section 148Section 23Section 40A(3)Section 69A

3. Further, the assessee has also raised an additional ground relating to question of re-opening of assessment and the said additional ground reads as under: “On the facts and circumstances of the case, the reassessment proceedings u/s.147 being initiated in absence of material sowing escapement of income in the hands of the appellant is void and may kindly

SUNAND CONSTRUCTIONS,PUNE vs. DCIT CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

ITA 783/PUN/2025[2014-15]Status: DisposedITAT Pune19 Aug 2025AY 2014-15

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

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Akhilesh Srivastva, Addl.CIT
Section 132

40A(3) and the Tribunal deleted the disallowance. 11. The Ld. Counsel for the assessee in his next plank of argument submitted that the assessee is not liable to deduct tax since the interest has been paid to the Patsansthas which are in the nature of credit cooperative societies. For the above proposition, he relied on the decision

SUNANDA CONSTRUCTIONS,PUNE vs. DCIT, CENTRAL CIRCLE 2(2), PUNE, PUNE

In the result, both the appeals filed by the assessee are allowed

ITA 784/PUN/2025[2013-14]Status: DisposedITAT Pune19 Aug 2025AY 2013-14

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

For Appellant: Shri Rajendra AgiwalFor Respondent: Shri Akhilesh Srivastva, Addl.CIT
Section 132

40A(3) and the Tribunal deleted the disallowance. 11. The Ld. Counsel for the assessee in his next plank of argument submitted that the assessee is not liable to deduct tax since the interest has been paid to the Patsansthas which are in the nature of credit cooperative societies. For the above proposition, he relied on the decision

INDO ENTERPRISE PVT.LTD,,LATUR vs. PR. COMMISSIONER OF INCOME TAX -2,, AURANGABAD

In the result, appeal of the assessee is allowed

ITA 751/PUN/2019[2010-11]Status: DisposedITAT Pune11 Jan 2021AY 2010-11

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhury

For Appellant: Shri Rajan R. VoraFor Respondent: Shri Deepak Garg
Section 143(3)Section 194CSection 263Section 297Section 40A(2)Section 40A(2)(b)

40A(2) of the Act where the assessee incurred any expenditure in respect of which payments has been made any person referred to in clause (b) of this sub section and the Assessing Officer is of the opinion that such expenditure is excessive or unreasonable having regard to the fair market value of the goods, services or facilities for which

SACHIN GANPAT VADANE,SOLAPUR vs. ITO, WARD-1(1), SOLAPUR, SOLAPUR

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

ITA 2073/PUN/2025[2019-20]Status: DisposedITAT Pune06 Jan 2026AY 2019-20

Bench: Dr.Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.2073/Pun/2025 Assessment Year : 2019-20

For Appellant: Shri Deepak GadgilFor Respondent: Shri Harshit Bari
Section 147Section 148Section 148ASection 151Section 40A(3)Section 69C

reassessment order 5. The appellant wishes to make a detailed submission on these issues of legality of the case at the time of hearing of the case, which may please be allowed. 6. The Appellant craves leave of Your Honors to add/alter/delete any of the above cited grounds on or before the date of hearing of this appeal

SACHIN RAMDAS MOHITE,,SATARA vs. PR. COMMISSIONER OF INCOME-TAX-3,, PUNE

Appeal is allowed in above terms

ITA 395/PUN/2019[2013-14]Status: DisposedITAT Pune10 Oct 2022AY 2013-14

Bench: Shri S.S. Godara, Jm & Shri G.D. Padmahshali, Am

For Appellant: Shri M.K. KulkarniFor Respondent: Shri Sardar Singh Meena
Section 263Section 37Section 40A(3)Section 69A

40A(3), 40(a)(ia), sec. 37 etc. The Assessing Officer erroneously and negligently treated all cash deposits as sales made by the assessee ignoring the vital fact that the assessee himself had disclosed meager sale of Rs.14,72,581 in his Profit &% Loss account as a part and parcel of return of income filed by him. All these facts

DAIMLER CHRYSLER INDIA PVT. LTD.,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,, PUNE

In the result, the cross objection of the assessee is dismissed

ITA 1381/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

40A(3) 51,622 viii) Custom duty payable 4,15,19,739 ix) Provision for bad debts 1,08,67,587 x) Provision for write off on 19,13,60,149 material/finish goods √ xi) Excess interest provision reversed 1,72,87,043 xii) Donation 35,500 xiii) Stamp/Registration charges on 68,47,448 increase in share capital xiv) Provision

DEPUTY COMMISSIONER OF INCOME-TAX vs. DAIMLER CHRYSLER INDIA PVT. LTD.,, PUNE

In the result, the cross objection of the assessee is dismissed

ITA 1325/PUN/2003[1998-99]Status: DisposedITAT Pune08 Aug 2018AY 1998-99

Bench: Shri D.Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं. / Ita No.1381/Pun/2003 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष" वष" / Assessment Year : 1998-09 वष"

For Appellant: Shri Pramod AchuthanFor Respondent: Shri Rajeev Kumar, CIT
Section 143(3)Section 15ASection 35A

40A(3) 51,622 viii) Custom duty payable 4,15,19,739 ix) Provision for bad debts 1,08,67,587 x) Provision for write off on 19,13,60,149 material/finish goods √ xi) Excess interest provision reversed 1,72,87,043 xii) Donation 35,500 xiii) Stamp/Registration charges on 68,47,448 increase in share capital xiv) Provision