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21 results for “disallowance”+ Section 263(1)clear

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Key Topics

Section 26354Section 143(3)30Section 40A(3)12Disallowance10Section 80I9Addition to Income9Section 142(1)8Section 43B7Section 153A7Revision u/s 263

PADAM KUMAE JAIN,RANCHI vs. CIT, CENTRAL, PATNA

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

ITA 289/RAN/2019[2012-13]Status: DisposedITAT Ranchi08 Jul 2020AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am आयकरअपीलसं./Ita No.289/Ran/2019 (िनधा"रणवष" / Assessment Year: 2012-13) Padam Kumar Jain Vs. Cit, Central, Cr Building, Beer Chand Patel Marg, Patna – 800001. Ratanlalsurajmal Compound, Main Road, Ranchi – 834001, Jharkhand "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abrpj 0001 E (Assessee) .. (Revenue)

For Appellant: Shri M.K. Chaudhury & Shri Devesh Poddar, AdvocateFor Respondent: Shri Inderjeet Singh, CIT (DR)
Section 132(4)Section 143(3)Section 153ASection 263

Disallowance of Donation Rs. 2,00,000/-. It may be noted that assessee submitted details of first two expenses but assessing officer did not bring on record. 14. In response to the above mentioned show cause, notice under section 142(1) of the Act,the assessee has replied to the assessing officer by his letter which is reproduced below

Showing 1–20 of 21 · Page 1 of 2

7
Deduction6
Section 405

ACIT, CIRCLE-3, RANCHI vs. SHRI SUMIT RAMSISARIA, RANCHI

ITA 222/RAN/2019[2015-16]Status: DisposedITAT Ranchi11 Dec 2020AY 2015-16

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

Section 133(6)Section 143(3)Section 41(1)

disallowing sundry creditors u/s 41(1) of the Act. The issue raised by the appellant is, whether the credit purchases can be added under section 41(1) of the Income Tax Act, 1961 when all the purchases have been accepted as genuine and all the creditors stood in the books of accounts of the appellant. As regards applicability of provisions

DEVPRABHA CONSTRUCTION PRIVATE LTD.,,DHANBAD vs. PCIT, DHANBAD

In the result, this appeal of the assessee is allowed

ITA 27/RAN/2024[2018-19]Status: DisposedITAT Ranchi30 May 2025AY 2018-19

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay(Virtual Hearing) Devprabha Construction Private Ltd., P.C.I.T., Dev Villa, Behind Radha Swamy Arcade, Dhanbad, Vs. Saraidhela, Dhanbad-828127. Aayakar Bhawan, Luby Pan No. Aaecb 2652 A Circular Road, Dhanbad-826001 (Jharkhand) Appellant/ Assessee Respondent/ Revenue

Section 133(6)Section 143(3)Section 263

1 SC - has observed that the Phrase, "Prejudicial to the interest of revenue" section 263 has to be read in conjunction with the expression "erroneous". When the Assessing Officer takes one of the two views permissible in law and which the Commissioner does not agree with and which results in a loss of revenue, it cannot be treated as erroneous

SANJAY CHAWLA,CHAIBASA vs. PR. CIT, RANCHI

In the result, the appeal of the assessee is allowed

ITA 135/RAN/2025[20-21]Status: DisposedITAT Ranchi07 Oct 2025

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaysanjay Chawla, Pr.C.I.T., Sentola, Chaibasa-833201 (Jharkhand) Ranchi. Vs. Pan No. Acmpc 6808 J Appellant/ Assessee Respondent/ Revenue

Section 142(1)Section 143(2)Section 143(3)Section 2Section 263Section 63

1. In this regard it is respectfully submitted that during the financial year 2019-20 corresponding to assessment year 2020-21, presently under consideration, the assessee has first time started liquor business activity, without any past experience & knowledge of this business, under the license taken from Department of Excise & Prohibition of Jharkhand State. 2. The grant of license

ASHOK KUMAR PANDEY,DHANBAD vs. PR. CIT, DHANBAD

In the result, this appeal of assessee is allowed

ITA 11/RAN/2022[2017-18]Status: DisposedITAT Ranchi24 Mar 2025AY 2017-18

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 143(1)Section 143(2)Section 143(3)Section 263

disallowance made, no tax is payable on the same and that is why the same is not prejudicial to the interest of revenue, thus in the present case, the twin conditions as required under Section 263 of the Act i.e. the order is prejudicial and erroneous are not satisfied in this case. The ld. Counsel for the appellant finally, submitted

M/S CENTRAL COALFIELDS LTD..,RANCHI vs. PRINCIPLE COMMISSIONER OF INCOME TAX, , RANCHI

In the result, both the appeals of the assessee are allowed

ITA 57/RAN/2021[2015-16]Status: DisposedITAT Ranchi30 Sept 2022AY 2015-16

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Borad

Section 143(3)Section 147Section 263Section 36(1)(va)Section 43B

263 is that the ld. Assessing Officer failed to disallow an amount of Rs.8.51 crore, which represents employees contribution towards ESI and PF. According to the ld. Commissioner, this amount was to be added back with the aid of section 36(1

OM PRAAKSH SINGH,RANCHI vs. DCIT, CIRCLE-1, RANCHI

In the result, appeal filed by the assessee is allowed

ITA 361/RAN/2018[2009-10]Status: DisposedITAT Ranchi10 Sept 2020AY 2009-10

Bench: Shri S.S, Godara, Jm & Dr. A.L. Saini, Am Om Prakash Singh Vs. Dcit, Circle-1, Ranchi Sankalp, East Jail Road, Ranchi- 834001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Agkps0300D (अपीलाथ" /Appellant) .. (""थ" / Respondent)

For Appellant: Shri Manjit Verma, A/RFor Respondent: Shri A. K. Mohanti, JCIT, Sr. DR
Section 142(1)Section 143(3)Section 147Section 148Section 234CSection 263Section 37(1)

263 of the Act and directed the Assessing Officer to examine the cash purchases amounting to Rs.26,25,455/-. Thereafter Assessing Officer has reopened the assessment u/s 147/148 of the Act. The reasons recorded by the Assessing Officer u/s 147/148 of the Act reads as follows: “1. The assessee is a contractor owns M/s Prakash Construction Company. The assessment

M/S PINNACLE CAPITAL SOLUTIONS PRIVATE LIMITED,RANCHI vs. PCIT, RANCHI, CENTRAL REVENUE BUILDING, 5, MAIN ROAD, RANCHI-834004

In the result, this appeal of the assessee is allowed

ITA 130/RAN/2023[2018-19]Status: DisposedITAT Ranchi07 Jul 2025AY 2018-19

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahaym/S Pinnacle Capital Solutions (P) Ltd., P.C.I.T., Virdi Niwas, Jamshedpur, East Ranchi. Vs. Singhbhum, Jharkhand-831001. Pan No. Aaacp 9726 H Appellant/ Assessee Respondent/ Revenue

Section 143(3)Section 263Section 36Section 36(1)(vii)Section 36(1)(viia)Section 36(2)

disallowed while passing the order under Section 143(3) of the Act. Since the Assessing Officer has failed to do so, the said omission resulted in short computation of income of Rs. 2,00,93,041 and consequential tax effect of Rs. 65,42,767/-. 4. Aggrieved by the order passed by the ld. PCIT under Section 263

M/S. CCOMMERCIAL CARRIERS LTD,BALLYGUNGE, KOLKATA vs. PR. CIT, RANCHI, RANCHI

In the result, the appeal of the assessee is allowed

ITA 28/RAN/2021[2016-17]Status: DisposedITAT Ranchi07 Aug 2025AY 2016-17

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.28/Ran/2021 Assessment Year: 2016-17 M/S Commercial Carriers Ltd.....................…...........................……….……Appellant 1F & G, Swinhoe Castle, Swinhoe Street, Ballygunge, W.B – 700019. [Pan:Aaacc6949F] Vs. Pcit, Ranchi……………..…..…..….…..….........……........……...…..…..Respondent Appearances By: Shri C M Roy, Ar, Appeared On Behalf Of The Appellant. Shri Rajib Jain, Cit- Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 04, 2025 Date Of Pronouncing The Order : August 07, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 18.03.2021 Of The Principal Cit, Ranchi [Hereinafter Referred To As ‘Pcit’] Exercising Revision Jurisdiction U/S 263 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Revising The Original Assessment Order Dated 26.12.2018 Passed Under Section 143(3) Of The Act. 2. Brief Facts Of The Case That The Assessee Is A Company Engaged In The Transport & Infrastructure Business. During Assessment Proceedings, The Assessing Officer (Ao) Passed An Order Under Section 143(3), Determining The Total Income At ₹9,95,690, After Making Disallowances, Including ₹3 Lakhs On Trip Expenses & ₹6,95,692 Under Section 37 Of The Act. However, On Examination Of The Assessment Records, The Ld. Pcit Ranchi, Observed That Sundry Creditors Amounting To ₹2,42,35,736 Were Shown In The Audited Balance Sheet, But No Enquiry Or Verification Was Made During Assessment Proceeding & Similarly Issue Relating To Investment In Purchase Of Trucks & Trailers Amounting To ₹5,10,44,030 Was Recorded; However, The Assessee Had

Section 142(1)Section 143(3)Section 263Section 37

disallowances, including ₹3 lakhs on trip expenses and ₹6,95,692 under section 37 of the Act. However, on examination of the assessment records, the Ld. PCIT Ranchi, observed that Sundry creditors amounting to ₹2,42,35,736 were shown in the audited balance sheet, but no enquiry or verification was made during assessment proceeding and similarly issue relating

JITENDRA KUMAR SINGH,JAMSHEDPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMSHEDPUR, JAMSHEDPUR

In the result, both the appeals of the assessee stands allowed

ITA 64/RAN/2021[2018-2019]Status: DisposedITAT Ranchi27 Jul 2022AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139Section 2(24)(x)Section 250Section 36(1)(va)Section 43B

263/- on the ground that employees contribution to employees provident fund (EPF) and ESI fund has been deposited beyond the due date applicable under the provision of ESI Act, 1948 and EPF Act by invoking the provision of Section 36(1)(va) of the Act. Aggrieved by this disallowance

JITENDRA KUMAR SINGH,JAMSHEDPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, JAMSHEDPUR, JAMSHEDPUR

In the result, both the appeals of the assessee stands allowed

ITA 65/RAN/2021[2019-20]Status: DisposedITAT Ranchi27 Jul 2022AY 2019-20

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarma]

Section 139Section 2(24)(x)Section 250Section 36(1)(va)Section 43B

263/- on the ground that employees contribution to employees provident fund (EPF) and ESI fund has been deposited beyond the due date applicable under the provision of ESI Act, 1948 and EPF Act by invoking the provision of Section 36(1)(va) of the Act. Aggrieved by this disallowance

K M MEMORIAL HOSPITAL & RESERCH CENTRE (P) LTD,BOKARO vs. ACIT, CIRCLE-1,, HAZARIBAG

In the result, this ground of appeal of assessee is partly allowed

ITA 19/RAN/2021[2013-14]Status: DisposedITAT Ranchi29 Apr 2025AY 2013-14

Bench: Shri George Mathan & Shri Ratnesh Nandan Sahay

Section 143(3)Section 194CSection 263Section 40

263 of the Act vide its order dated 23/03/2018. During the consequential assessment proceedings, the Assessing Officer found that the assessee has made payment of ₹ 3.00 lacs to one Sri Sudhanshu Ojha but no TDS under Section 194C of the Act was deducted. The Assessing Officer, therefore, disallowed the entire amount under Section

BKB TRANSPORT PRIVATE LIMITED,RANCHI vs. PCIT, RANCHI, RANCHI

In the result, appeal of the assessee stands allowed

ITA 24/RAN/2021[2016-17]Status: DisposedITAT Ranchi09 Jun 2025AY 2016-17

Bench: BEFORES/SHRI GEORGE MATHAN, JUDICIAL MEMBER AND RATNESH NANDAN SAHAY (Accountant Member)

For Appellant: Shri R.R.Mittal, ARFor Respondent: Smt. Rinku Singh, CIT DR
Section 142(1)Section 143(3)Section 263

1 | 5 ITA No.24/Ran/2021: Assessment Year : 2016-17 2. Smt. Rinku Singh, Ld CIT DR appeared for the revenue and Shri R.R.Mittal, ld AR appeared for the assessee. 3. It was submitted by ld AR that the original assessment order came to be passed u/s.143(3) of the Act on 20.12.2018, wherein, the returned income of the assessee came

AADHAR RICE MILL PVT. LTD.,,RANCHI vs. ITO,WARD-1(1), RANCHI

In the result, both appeals of the assessee are allowed

ITA 294/RAN/2018[2013-14]Status: DisposedITAT Ranchi24 May 2019AY 2013-14

Bench: Shri Chandra Mohan Gargआयकर अऩीऱ सं./Ita No.294/Ran/2018 & आयकर अऩीऱ सं./Ita No.201/Ran/2019 (नििाारण वषा / Assessment Year :2013-2014 & 2014-2015) M/S Aadhar Rice Mills Pvt. Ltd., Vs. Ito, Ward-1(1), Ranchi C/O Sri Vinay Kumar Jalan, M/S O.P.Jalan & Associates Consultants Llp, 48 Cart Sarai Road, Upper Bazaar, Ranchi, Jharkhand, Pin-834001 स्थायी ऱेखा सं./ जीआइआर सं./ Pan/Gir No. : Aahca 6463 B (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By : Shri Vinay Kumar Jalan, Advocate राजस्व की ओर से /Revenue By : Shri P.K.Mondal, Acit(Dr) सुनवाई की तारीख / Date Of Hearing : 23/05/2019 घोषणा की तारीख/Date Of Pronouncement 24/05/2019 आदेश / O R D E R The Assessee Has Filed Above Two Appeals Out Of Which Ita No.294/Ran/2018 Has Been Filed Against The Order Of Commissioner Of Income Tax (Appeals), Ranchi, Dated 09.11.2017, Passed In First Appeal No.Cit(A), Ranchi/10058/2016-17 For The Assessment Year 2013-2014, Arising Out Of Order Passed By The Assessing Officer U/S.143(3) Of The Act, Dated 30.03.2016, Whereas Ita No.201/Ran/2019 Has Been Filed By The Assessee For The Assessment Year 2014-2015 Against The Order Passed By The Pr.Cit, Ranchi, Dated 31.03.2019 U/S.263 Of The Act.

For Appellant: Shri Vinay Kumar Jalan, AdvocateFor Respondent: Shri P.K.Mondal, ACIT(DR)
Section 143(2)Section 143(3)Section 263Section 80I

1) of the Act were issued. On examination of the books of accounts the Ld. Assessing Officer came to the conclusion that the assessee's business was not eligible for deduction u/s.80IB(11A) of the Act and disallowed the claim of the assessee of Rs.16,74,407/- along with disallowance of 10% of the oil loss claimed by the assessee

M/S S.P.ENTERPRISES,JAMSHEDPUR vs. ITO WARD-1(5), JAMSHEDPUR

ITA 309/RAN/2016[2009-10]Status: DisposedITAT Ranchi15 Feb 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11

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

263 revisional direction issued to the Assessing Officer for framing the afresh assessment year. He has failed to appreciate the fact that the instant second round of litigation is on merits. 3. It further emerges from the case file that the assessee has not paid any amount exceeding Rs.20,000/- in the course of a day in case

M/S S.P ENTERPRISES,JAMSHEDPUR vs. DCIT, JAMSHEDPUR

ITA 34/RAN/2016[2010-11]Status: DisposedITAT Ranchi15 Feb 2019AY 2010-11

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11

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

263 revisional direction issued to the Assessing Officer for framing the afresh assessment year. He has failed to appreciate the fact that the instant second round of litigation is on merits. 3. It further emerges from the case file that the assessee has not paid any amount exceeding Rs.20,000/- in the course of a day in case

M/S S.P.ENTERPRISES,JAMSHEDPUR vs. ITO WARD-1(5), JAMSHEDPUR

ITA 310/RAN/2016[2009-10]Status: DisposedITAT Ranchi15 Feb 2019AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2010-11

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

263 revisional direction issued to the Assessing Officer for framing the afresh assessment year. He has failed to appreciate the fact that the instant second round of litigation is on merits. 3. It further emerges from the case file that the assessee has not paid any amount exceeding Rs.20,000/- in the course of a day in case

SHRI BIRENDRA PRASAD,BOKARO vs. ITO WARD-3(1), BOKARO

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

ITA 365/RAN/2016[2007-08]Status: DisposedITAT Ranchi05 Apr 2019AY 2007-08

Bench: Shri S. S. Godara, J.M. & Dr.A.L.Saini, A.M.)

For Appellant: Shri Devesh Poddar Advocates, ld.ARsFor Respondent: Shri P.K. Mondal, JCIT, ld. DR
Section 133(6)Section 143(3)Section 234ASection 263Section 68

263 observed. that the appellant purchased fire works, the business in which the appellant deals in, from Sri Kaliswari Fire Works, Sri Kaliswari Fire' Works (P) Ltd. and M/s. Graham Cap Works and made payments on various dates violating the provision of section 40A(3) as each payment exceeded in a day Rs.20,000/-. The total of such payment

SRI ANAND KUMAR DHANUKA ,RANCHI vs. ITO WARD-1(1), RANCHI

In the result, the assessee’s appeal is allowed

ITA 163/RAN/2018[11-12]Status: DisposedITAT Ranchi31 Jul 2020

Bench: Shri S.S. Godara, Jm &Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.163/Ran/2018 ("नधा"रणवष" / Assessment Year:2011-12)

For Appellant: Shri Devesh Poddar, AdvocateFor Respondent: Shri Indrajit Singh, CIT DR
Section 10Section 22Section 263Section 54Section 54F

263 (Visakhapatnam ITAT) the facts were that the assessee sold agricultural land for a consideration of Rs 1.41 crores and had invested money in purchase of an Agricultural land and a residential flat in the name of her two married daughters who were also majors. The assessee claimed exemption under section 54B in respect of agricultural land and also claimed

THE SINGHBHUM DISTRICT CENTRAL COOPERATIVE BANK,CHAIBASA vs. ACIT, NFAC, DELHI

In the result, the appeal of the assessee is allowed

ITA 177/RAN/2023[2012-13]Status: DisposedITAT Ranchi30 Jun 2025AY 2012-13

Bench: Shri Sonjoy Sarma & Shri Ratnesh Nandan Sahayi.T.A. No.177/Ran/2023 Assessment Year: 2012-13 The Singhbhum District Central Cooperative Bank, Chaibasa...……….……Appellant Represented By Jsbs, Madhubazar, Chaibasa, Jharkhand – 833201. [Pan: Aaajt2036K] Vs. Acit, Nfac, Delhi……….............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Devesh Poddar, Advocate Appeared On Behalf Of The Appellant. Md. Shadab Ahmed, Sr. Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : June 26, 2025 Date Of Pronouncing The Order : June 30, 2025 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against An Order Dated 13.06.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 142(1)Section 143(3)Section 250Section 263Section 292BSection 36(1)(vi)Section 80P

disallowing claim of deduction of Rs.5,15,43,257/- u/s 80P of the Act. On examination of assessment record, it was observed that the assessee made provision of Rs.11,46,24,925/- for bad & doubtful debts against non-performing assets in P & L A/c. As per provision of section 36(1)(vi) of the Act, the assessee is eligible