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174 results for “disallowance”+ Section 43(5)clear

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Key Topics

Section 153A102Section 143(3)77Addition to Income69Section 4058Section 80I49Disallowance39Section 14835Section 14734Deduction30Section 263

DY. COMMR. OF INCOME TAX, CIRCLE-1(2),, RAJKOT vs. M/S TOPLAND FINCORP,, RAJKOT

In the result, the appeal of the Revenue is dismissed

ITA 199/RJT/2017[2013-14]Status: DisposedITAT Rajkot19 Sept 2019AY 2013-14

Bench: Shri Rajpal Yadav, Hon’Ble & Shri Waseem Ahmed Hon’Ble"नधा"रण वष"/ Asstt. Year: 2013-14 Dcit, Cir.1(2) M/S.Topland Fincorp Rajkot. 2, Umakant Pandit Vs. Udhyognagar Mavdi Plot Rajkot. (Applicant) (Responent) Revenue By : Shri Anil Kumar Das, Dr Assessee By : Shri Vimal Desai, Ar सुनवाई क" तार"ख/Date Of Hearing : 18/09/2019 घोषणा क" तार"ख /Date Of Pronouncement: 19/09/2019 आदेश/O R D E R Per Rajpal Yadav: Revenue Is In Appeal Before The Tribunal Against Order Of The Ld.Cit(A)-I, Rajkot Dated 24.4.2017 Passed For The Asstt.Year 2013-14. 2. In The First Ground Of Appeal, The Grievance Of Revenue Is That The Ld.Cit(A) Has Erred In Deleting The Disallowance Of Rs.3,26,821/- Which Was Disallowed By The Ao With The Help Of Section 14A Of The Income Tax Act, 1961. 3. Brief Facts Of The Case Are That The Assessee Has Filed Its Return Of Income Electronically On 16.9.2013 Declaring Total Income At Rs.(-)6,01,95,642/-. The 2 Ld.Ao Observed That The Assessee Has Shown Dividend Income Amounting To Rs.69,940/-. He Worked Out The Disallowance Required To Be Made Under Section 14A With Formula Given Under Rule 8D Of The Income Tax Rules At Rs.3,26,821/-. On The Appeal, The Ld.Cit(A) Has Deleted The Disallowance On The Ground That The Alleged Dividend Income Was Not Claimed As Exempt By The Assessee. The Ld.Cit(A) Has Relied Upon The Decision Of Hon’Ble Jurisdictional High Court In The Case Of Corrtech Energy P.Ltd., 45 Taxmann.Com 116. Hon’Ble High Court Has Held That If There Is No Exempt Income Claimed By The Assessee, Then No Disallowance Under Section 14A Required To Be Made.

For Appellant: Shri Vimal Desai, ARFor Respondent: Shri Anil Kumar Das, DR
Section 14A

Showing 1–20 of 174 · Page 1 of 9

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29
Section 271(1)(c)27
TDS19
Section 43(5)
Section 43(5)(d)

disallowance under section 14A is required to be made. Hence this ground of appeal is rejected. 5. Ground no.2: In this ground of appeal, grievance of the Revenue is that the ld.CIT(A) has erred in setting aside the finding of the AO whereby the ld.CIT(A) has allowed the claim of the assessee of Rs.4

THE ACIT, CIRCLE-1,, JAMNAGAR vs. M/S. SENOR METALS PVT. LTD., JAMNAGAR

In the results the appeal of the revenue is dismissed

ITA 260/RJT/2015[2011-12]Status: DisposedITAT Rajkot01 Feb 2022AY 2011-12

Bench: Shri Waseem Ahmed & Ms Suchitra Raghunath Kambleआयकर अपील सं./Ita No. 260/Rjt/2015 िनधा"रण वष"/Asstt. Year:2011-12

For Appellant: Shri Dushyant Maharshi, A.RFor Respondent: Shri Ajay Pratap Singh, C.I.T.D.R
Section 36Section 40Section 43(5)

disallowance. The contentions of the assessee have been deliberated at length and are not found to be acceptable. As per provision of section 43(5

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 Rajkot28 Jul 2020AY 2012-13

Bench: Shri Waseem Ahmed& Ms. Madhumita Roy

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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)

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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)

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

ATUL AUTO LIMITED,,RAJKOT-GUJARAT vs. THE DY. COMMR. OF INCOME TAX, CIR.-1(1),, RAJKOT-GUJARAT

The appeal is allowed

ITA 214/RJT/2016[2012-13]Status: DisposedITAT Rajkot23 May 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri T. R. Senthil Kumar

For Appellant: Shri Kapil Sanghvi, A.RFor Respondent: Shri S. S. Rathi, Sr. DR
Section 143(3)Section 14ASection 40Section 80ISection 80J

5,68,926/-. 21. On appeal before the Ld. CIT(A), the CIT(A) confined the disallowance to Rs. 3,35,877/- made by the assessee in its return of income and deleted the balance disallowance as follows: “During the year assessee Company has earned tax free income of Rs.55,32,792/- being dividend income from investment in mutual funds

THE DY. COMMR. OF INCOME TAX, CIR.-1(1), RAJKOT-GUJARAT vs. M/S ATUL AUTO LIMITED,, SHAPAR.VERAVAL

The appeal is allowed

ITA 251/RJT/2016[2012-13]Status: DisposedITAT Rajkot23 May 2022AY 2012-13

Bench: Shri Waseem Ahmed & Shri T. R. Senthil Kumar

For Appellant: Shri Kapil Sanghvi, A.RFor Respondent: Shri S. S. Rathi, Sr. DR
Section 143(3)Section 14ASection 40Section 80ISection 80J

5,68,926/-. 21. On appeal before the Ld. CIT(A), the CIT(A) confined the disallowance to Rs. 3,35,877/- made by the assessee in its return of income and deleted the balance disallowance as follows: “During the year assessee Company has earned tax free income of Rs.55,32,792/- being dividend income from investment in mutual funds

ITO WARD 3(1)(4), RAJKOT-STATION- AMRELI, AMRELI, GUJARAT vs. AVADH AGRI EXPORTS, AMRELI, GUJARAT

In the result, appeal filed by the revenue is dismissed

ITA 816/RJT/2025[2012-13]Status: DisposedITAT Rajkot01 Apr 2026AY 2012-13

Bench: Dr. Arjun Lal Saini & Dr. Dinesh Mohan Sinha

For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 172Section 195Section 195(1)Section 195(2)Section 250

43,84,038/- to various parties in the profit and loss accounts for the year under consideration. Considering, the section 195(1) of the Act, the AO noted that the assessee has made foreign commission payment to non-resident agent Page 2 of 20 ITA No.816/Rjt/2025 -AY 2012-13 ITO vs. Avadh Agri Exports and ocean freight, however

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

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

section 43(5) but was incidental to the assessee’s business and allowable as such. Thus, the hedging of currency is incidental to the appellant’s business and the same is therefore held as allowable business expenditure. The disallowance

THE DY. COMMR. OF INCOME TAX, CIR.-1,, JAMNAGAR vs. M/S SEABIRD MARINE SERVICES P. LTD.,, JAMNAGAR

In the result, appeal of the Revenue is partly allowed

ITA 282/RJT/2016[2013-14]Status: DisposedITAT Rajkot14 Oct 2022AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmed

For Appellant: Shri Shramdeep Sinha, CIT D.RFor Respondent: Shri Kapil Sanghavi, A.R
Section 14ASection 40Section 80I

Section 14A at Rs. 76,80,274/-. The Assessing Officer also disallowed education cess and SHEC at Rs. 43,95,000/-. 4. Being aggrieved by the Assessment Order the assessee filed before the CIT(A). The CIT(A) allowed the appeal of the assessee. 5

THE ACIT, CIRCLE-2,, JAMNAGAR vs. SAURASHTRA CEMENT LTD.,, PORBANDAR

In the result, appeal filed by the Revenue is dismissed and appeal filed by the Assessee is partly allowed

ITA 476/RJT/2014[2010-11]Status: DisposedITAT Rajkot05 Jul 2023AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

Section 14ASection 40Section 40A(9)

5. The Ld. DR in respect of ground no.1 submitted that the CIT(A) was not right in deleting the disallowance of damages and settlement expenses of Rs.6,12,64,000/- as the settlement documents pertaining to sale of share is not plausible expenses by the assessee before the Assessing Officer. The Assessing Officer was right in holding that

SAURASHTA CEMENT LTD.,,PORBANDAR vs. THE JOINT COMMISSIONER OF INCOME TAX, RANGE-2,, JAMNAGAR

In the result, appeal filed by the Revenue is dismissed and appeal filed by the Assessee is partly allowed

ITA 457/RJT/2014[2010-11]Status: DisposedITAT Rajkot05 Jul 2023AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Waseem Ahmedassessment Year: 2010-11

Section 14ASection 40Section 40A(9)

5. The Ld. DR in respect of ground no.1 submitted that the CIT(A) was not right in deleting the disallowance of damages and settlement expenses of Rs.6,12,64,000/- as the settlement documents pertaining to sale of share is not plausible expenses by the assessee before the Assessing Officer. The Assessing Officer was right in holding that

THE DY. COMMR. OF INCOME TAX, CIRCLE-3(1),, RAJKOT-GUJARAT vs. M/S SAURASHTRA GRAMIN BANK,, RAJKOT-GUJARAT

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

ITA 376/RJT/2016[2012-13]Status: DisposedITAT Rajkot25 Oct 2021AY 2012-13

Bench: Shri Waseem Ahmed & Ms. Madhumita Royअपील सं./Ita No.376/Rjt/2016 िनधा"रण वष"/Asstt. Year: 2012-2013 D.C.I.T., M/S. Saurashtra Gramin Bank, Circle-3(1), Vs. Gopalnaga, Opp. Andh Mahila Rajkot. Vikas Gruh, Rajkot.

For Appellant: Ms A.D. Vyas, A.RFor Respondent: Shri
Section 43D

disallowed the sum of Rs.68,31,402/- and added to the total income of the assessee. 11. Aggrieved assessee preferred an appeal to the Ld. CIT(A), who has deleted the addition made by the AO after having reliance on the order of his predecessor for the Assessment Year 2008-09 in the own case of the assessee. 12. Being

SHRI JUGALKISHORE NATWARLAL DHOLAKIA,JUNAGADH vs. THE PR. CIT-1, RAJKOT, RAJKOT

In the result, both the appeals filed by the assessee(s) are dismissed

ITA 14/RJT/2021[2015-16]Status: HeardITAT Rajkot02 May 2023AY 2015-16

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./ Ita No. 14/Rjt/2021 Assessment Year : 2015-2016 Shri Jugalkishore Natwarlal Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abqpd 2710 D आयकर अपील सं./ Ita No. 15/Rjt/2021 Assessment Year : 2015-2016 Shri Girishkumar Vachhraj Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abupd 6245 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Samir Jani, Ar Revenue By : Shri Vijay Kumar Jaiswal, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2023 आदेश/O R D E R Per Ms. Madhumita Roy:-

For Appellant: Shri Samir Jani, ARFor Respondent: Shri Vijay Kumar Jaiswal, CIT-DR
Section 10Section 142(1)Section 143(2)Section 14ASection 263Section 36(1)(iii)

43 & 44 of the paper-book filed before us by the assessee. We have further found that the assessee made a statement in his reply dated 18.11.2017 that “he has not made any claim for expenditure as can be seen from Computation of Income where he has disallowed entire expenses of Rs.12,08,566/- as expenses related to Other Sources

SHRI GIRISHKUMAR VACHHRAJ DHOLAKIA,,JUNAGADH vs. THE PR. COMMISSIONER OF INCOME TAX-1, RAJKOT-GUJARAT

In the result, both the appeals filed by the assessee(s) are dismissed

ITA 15/RJT/2021[2015-16]Status: HeardITAT Rajkot02 May 2023AY 2015-16

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./ Ita No. 14/Rjt/2021 Assessment Year : 2015-2016 Shri Jugalkishore Natwarlal Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abqpd 2710 D आयकर अपील सं./ Ita No. 15/Rjt/2021 Assessment Year : 2015-2016 Shri Girishkumar Vachhraj Pr. Commissioner Of Dholakia, Vs Income-Tax, C/O. Chokshi Vachhraj Makanji & Pcit-1, Rajkot Co., Shishumangal Road, Gandhigram, Junagadh-362001 Pan : Abupd 6245 P अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Samir Jani, Ar Revenue By : Shri Vijay Kumar Jaiswal, Cit-Dr सुनवाई क" तारीख/Date Of Hearing : 01/05/2023 घोषणा क" तारीख /Date Of Pronouncement: 02/05/2023 आदेश/O R D E R Per Ms. Madhumita Roy:-

For Appellant: Shri Samir Jani, ARFor Respondent: Shri Vijay Kumar Jaiswal, CIT-DR
Section 10Section 142(1)Section 143(2)Section 14ASection 263Section 36(1)(iii)

43 & 44 of the paper-book filed before us by the assessee. We have further found that the assessee made a statement in his reply dated 18.11.2017 that “he has not made any claim for expenditure as can be seen from Computation of Income where he has disallowed entire expenses of Rs.12,08,566/- as expenses related to Other Sources