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16 results for “disallowance”+ Section 209clear

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Key Topics

Section 4024Disallowance11Addition to Income11Section 143(3)9Section 80P8Section 143(1)(a)8Section 117Permanent Establishment6TDS6Section 143(1)

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S D.M.L. EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

ITA 360/RJT/2015[2011-12]Status: DisposedITAT Rajkot28 Jul 2020AY 2011-12

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

For Appellant: Shri M. N. Maurya, CIT DR
Section 73(1)

disallowed which was, in turn, confirmed by the First Appellate Authority. Hence, the instant appeal before us. 25. We have heard the submissions made by the respective parties. We have also perused the relevant materials available on record. ITA Nos.27/RJT/2016& 360,315/Rjt/2015 A.Y.2011-12,2012-13 It is the case of the assessee that the advance paid to the said Manjeet

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S DML EXIM PVT. LTD.,, RAJKOT-GUJARAT

Appeal is dismissed

ITA 27/RJT/2016[2012-13]Status: DisposedITAT Rajkot
5
Section 43B5
Section 1434
28 Jul 2020
AY 2012-13

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

For Appellant: Shri M. N. Maurya, CIT DR
Section 73(1)

disallowed which was, in turn, confirmed by the First Appellate Authority. Hence, the instant appeal before us. 25. We have heard the submissions made by the respective parties. We have also perused the relevant materials available on record. ITA Nos.27/RJT/2016& 360,315/Rjt/2015 A.Y.2011-12,2012-13 It is the case of the assessee that the advance paid to the said Manjeet

M/S. D.M.L. EXIM PVT. LTD.,,RAJKOT-GUJARAT vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-5,, RAJKOT-GUJARAT

Appeal is dismissed

ITA 315/RJT/2015[2011-12]Status: DisposedITAT Rajkot28 Jul 2020AY 2011-12

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

For Appellant: Shri M. N. Maurya, CIT DR
Section 73(1)

disallowed which was, in turn, confirmed by the First Appellate Authority. Hence, the instant appeal before us. 25. We have heard the submissions made by the respective parties. We have also perused the relevant materials available on record. ITA Nos.27/RJT/2016& 360,315/Rjt/2015 A.Y.2011-12,2012-13 It is the case of the assessee that the advance paid to the said Manjeet

M/S CHOKSHI VACHHRAJ MAKANJI & CO.,JUNAGADH vs. THE ASST. COMMISSIONER OF INCOME TAX- CIRCLE - 1 (1), RAJKOT - GUJARAT

In the result, the appeal of the assessee is dismissed

ITA 65/RJT/2023[2017-18]Status: DisposedITAT Rajkot20 Dec 2023AY 2017-18

Bench: Hri Waseem Ahmed & Shri Siddhartha Nautiyal

For Appellant: Shri Samir Jani, A.RFor Respondent: Shri Ashish Kumar Pandey, Sr. DR
Section 139Section 143(1)(a)Section 154Section 2(24)(x)Section 36Section 36(1)(va)Section 43B

209/[2023] 198 ITD 322 (Pune - Trib.) held that where assessee- employer deposited amount of employees contribution towards employees' provident fund and employees' state insurance corporation beyond due date M/s. Chokshi Vachhraj Makanji & Company vs. ACIT Asst.Year –2017-18 stipulated in respective Acts, disallowance made under section

GODHAVADAR SEVA SAHAKARI MANDALI LTD.,GODHAVADAR, LILIYA MOTA, AMRELI-365535 vs. THE ADIT (CPC), BANGALORE, BANGALORE

In the result, appeal of the assessee is allowed

ITA 315/RJT/2022[2019-20]Status: DisposedITAT Rajkot25 Apr 2023AY 2019-20

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

For Appellant: Shri D.M. Rindani, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 139(1)Section 139(4)Section 143Section 143(1)Section 143(1)(a)Section 250Section 80ASection 80P

sections wherein the disallowance can be made u/s 143(1)(a) of the Act are provided within it and as such the deduction u/s SOP of the Act is not mentioned is not mentioned in the sub-clause, therefore, the denial of deduction by the AO-CPC for the impugned A.Y. 209

THE DCIT, CIRCLE-1 (2), RAJKOT vs. SHRI NARENDRA NANJIBHAI DAVDA, RAJKOT

ITA 230/RJT/2017[2014-15]Status: HeardITAT Rajkot24 Feb 2022AY 2014-15

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Aarsi Prasad, CIT D.R
Section 143(3)Section 40

disallowance to the tune of Rs. 28,45,800/- on account of bad debts written off during the year. 22. The brief facts leading to the case is this that at the appellant paid the impugned amount as tender deposit for supply of sesame seeds to one Korea Agro Fisheries Trade Corporation which became non refundable as the appellant were

THE DCIT, CIRCLE 2(1), RAJKOT-GUJARAT vs. SMT MEENABEN H LAKHANI, RAJKOT-GUJARAT

ITA 229/RJT/2017[2014-15]Status: HeardITAT Rajkot24 Feb 2022AY 2014-15

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Aarsi Prasad, CIT D.R
Section 143(3)Section 40

disallowance to the tune of Rs. 28,45,800/- on account of bad debts written off during the year. 22. The brief facts leading to the case is this that at the appellant paid the impugned amount as tender deposit for supply of sesame seeds to one Korea Agro Fisheries Trade Corporation which became non refundable as the appellant were

THE DCIT, CIRCLE-1(2), RAJKOT vs. M/S. DRB COMMODITIES PVT. LTD., RAJKOT

ITA 231/RJT/2017[2011-12]Status: HeardITAT Rajkot24 Feb 2022AY 2011-12

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Aarsi Prasad, CIT D.R
Section 143(3)Section 40

disallowance to the tune of Rs. 28,45,800/- on account of bad debts written off during the year. 22. The brief facts leading to the case is this that at the appellant paid the impugned amount as tender deposit for supply of sesame seeds to one Korea Agro Fisheries Trade Corporation which became non refundable as the appellant were

THE DY. COMMR. OF INCOME TAX, CIR.-1(2), RAJKOT-GUJARAT vs. M/S DML EXIM PVT. LTD.,, RAJKOT-GUJARAT

ITA 232/RJT/2017[2014-15]Status: HeardITAT Rajkot24 Feb 2022AY 2014-15

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Aarsi Prasad, CIT D.R
Section 143(3)Section 40

disallowance to the tune of Rs. 28,45,800/- on account of bad debts written off during the year. 22. The brief facts leading to the case is this that at the appellant paid the impugned amount as tender deposit for supply of sesame seeds to one Korea Agro Fisheries Trade Corporation which became non refundable as the appellant were

THE DCIT, CIRCLE-1(2), RAJKOT vs. M/S. D.M.L. WORLD TRADE PVT. LTD., RAJKOT

ITA 233/RJT/2017[2014-15]Status: HeardITAT Rajkot24 Feb 2022AY 2014-15

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Aarsi Prasad, CIT D.R
Section 143(3)Section 40

disallowance to the tune of Rs. 28,45,800/- on account of bad debts written off during the year. 22. The brief facts leading to the case is this that at the appellant paid the impugned amount as tender deposit for supply of sesame seeds to one Korea Agro Fisheries Trade Corporation which became non refundable as the appellant were

THE DCIT, CIRCLE-1(2), RAJKOT vs. M/S. DRB COMMODITIES PVT. LTD., RAJKOT

ITA 234/RJT/2017[2014-15]Status: HeardITAT Rajkot24 Feb 2022AY 2014-15

Bench: Shri Waseem Ahmed & Ms. Madhumita Roy

For Appellant: Respondent byFor Respondent: Shri Aarsi Prasad, CIT D.R
Section 143(3)Section 40

disallowance to the tune of Rs. 28,45,800/- on account of bad debts written off during the year. 22. The brief facts leading to the case is this that at the appellant paid the impugned amount as tender deposit for supply of sesame seeds to one Korea Agro Fisheries Trade Corporation which became non refundable as the appellant were

SHRI RAJKOT VISHASHRIMALI JAIN SAMAJ ,RAJKOT vs. THE ITO, EXEMPTION WARD-1, RAJKOT, RAJKOT

In the result, appeal of the assessee is allowed

ITA 256/RJT/2022[2020-21]Status: DisposedITAT Rajkot13 Mar 2023AY 2020-21

Bench: Shri Waseem Ahmed (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

For Appellant: Shri G.R. Sanghavi, A.RFor Respondent: Shri B.D. Gupta, Sr. D.R
Section 11Section 119(2)(b)Section 12ASection 139Section 143Section 143(1)Section 250Section 288

209 ITR 63 to emphasis the point: "When the Legislature casts a duty on the assessee claiming certain benefit, to comply with requirements which are associated with such benefit, the assessee cannot get the benefit without doing his part of the duty. He cannot be allowed to say that

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

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

ITA 429/RJT/2018[2017-18]Status: DisposedITAT Rajkot21 Nov 2019AY 2017-18
For Appellant: Shri Porus Kaka, A.RFor Respondent: Shri Jitendra Kumar, CIT-D.R
Section 172(3)Section 172(4)

disallowed the claim of benefit for article 8 of the tax treaty by invoking provision of Article 24 stating that the provision of article 24 override the provision of Article 8 of the DTAA between India and Singapore as they limit the relief in cases of double non taxation of such income. 7. Before the ld. CIT(A), the assessee

ISS SHIPPING INDIA PVT. LTD., (AS AGENT FOR MAERSK TANKERS SINGAPORE PTE. LTD., SINGAPORE),NAVI MUMBAI vs. DY. COMMR. OF INCOME TAX ( INTERNATIONAL TAXATION),, RAJKOT

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

ITA 430/RJT/2018[2017-18]Status: DisposedITAT Rajkot21 Nov 2019AY 2017-18
For Appellant: Shri Porus Kaka, A.RFor Respondent: Shri Jitendra Kumar, CIT-D.R
Section 172(3)Section 172(4)

disallowed the claim of benefit for article 8 of the tax treaty by invoking provision of Article 24 stating that the provision of article 24 override the provision of Article 8 of the DTAA between India and Singapore as they limit the relief in cases of double non taxation of such income. 7. Before the ld. CIT(A), the assessee

M/S PREMJI VALJI & SONS,,RAJKOT-GUJARAT vs. THE PR. CIT-1, RAJKOT, RAJKOT

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

ITA 125/RJT/2022[2017-18]Status: DisposedITAT Rajkot09 Sept 2022AY 2017-18

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 125/Rjt/2022 िनधा"रण वष"/Asstt. Years: 2017-2018 M/S Premji Valji & Sons, The Principal Commissioner Of “Kuvarjibhai Tower”, Vs. Income Tax, Palace Road, Rajkot-1, Rajkot. Rajkot. Pan: Aacfp7696K

For Appellant: Shri R.D. Lalchandani, A.RFor Respondent: Shri Aarsi Prasad, CIT. D.R
Section 143(3)Section 263Section 269S

209, page Nos. 214 to 216 and page Nos. 219 to 249 of the paper book where the reply of the assessee in response to the notice issued under section 142(1) of the Act as mentioned above was placed. Thus, the learned AR contended that there cannot be A.Y. 2017-18 6 said that the assessment order is erroneous

SHRI KAMLESH DEORAJ JAIN,GANDHIDHAM KUTCHH vs. THE ITO WARD 1 , GANDHIDHAM

In the result, appeal filed by the assessee is allowed

ITA 62/RJT/2025[2018-19]Status: DisposedITAT Rajkot21 May 2025AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं./Ita No. 62/Rjt/2025 ("नधा"रण वष"/Assessment Year: (2018-19) Kamlesh Deoraj Jain Income Tax Officer, Ward-1, Plot No 35-36, Devashish Gandhidham, Income Tax Vs. Sector-5 Gandhidham 370201 Office, Plot No.32, Sector No.3, Near Iffco Colony, Gandhidham-370 201 "ायी लेखा सं./जीआइआरसं./Pan/Gir No.: Adopj1769Q (अपीलाथ"/Appellant) (""थ"/Respondent)

For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri Sanjay Puglia, CIT-D.R
Section 144ASection 145(3)Section 147Section 148Section 250Section 68

209 ITR 500 (Delhi HC), held that the appellate authorities (CIT-A and Tribunal) are empowered to examine the matter on merits, even if, the assessee had conceded earlier or admitted before the assessing officer to tax him at a higher rate. Therefore, we note that such estimated additions are subject to challenge and need to be supported by cogent