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12 results for “disallowance”+ Section 40A(7)clear

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Key Topics

Deduction12Section 4010Section 80H7Disallowance5Section 364Section 36(1)(vii)4Section 40A(5)4Section 35D3Section 36(1)(va)3Addition to Income

.M. SALGAOCAR & BORS. VS COMMISSIONER OF INCOME TAX

Accordingly Civil Appeal No. 657 of 1994 is allowed and Civil Appeal Nos

C.A. No.-000657-000657 - 1994Supreme Court10 Apr 2000
For Respondent: COMMISSIONER OF INCOME TAX ETC
Section 17(2)Section 256(1)Section 256(2)Section 36Section 40ASection 40A(5)

7 of 13 Section 17(2)(iii) will be attracted or not, and that turns on the further question whether the assessee can be said to have derived any benefit free of cost or at concessional rate. The further condition that is necessary for the application of this section is that this benefit must be derived by the person mentioned

3
Section 256(1)2
Depreciation2

M/S. ROTORK CONTROLA INDIA (P) LTD. vs. COMMNR. OF INCOME TAX, CHENNAI

Appeals stand allowed in favour of the assessee with no order as to

C.A. No.-003506-003510 - 2009Supreme Court12 May 2009
Section 37

disallowed on the ground of non-compliance with the provisions of Section 40A(7) of the 1961 Act. This view

M/S.SHASUN CHEMICALS AND DRUGS LTD. vs. COMMISSIONER OF INCOME TAX, CHENNAI

The appeals are allowed

C.A. No.-009611-009611 - 2016Supreme Court16 Sept 2016
Section 35D

7 was mentioned by the assessee that it had paid bonus to its employees to the tune of Rs.96,08,002/- in the said Financial Year and, therefore, it claimed deduction under Section 35(2AB) of the Act. However, invoking the provisions of Section 40A(9) of the Act the said expenditure is disallowed

M/S. SOUTHERN TECHNOLOGIES LTD. vs. JOINT COMMNR. OF INCOME TAX, COIMBATORE

C.A. No.-001337-001337 - 2003Supreme Court11 Jan 2010
Section 145Section 2(24)Section 36(1)(vii)Section 37Section 37(1)

disallows several such provisions under Sections 40A(7), 43B, 40 and 40A. Such disallowances alone could be added back to the taxable

SHREE CHOUDHARY TRANSPORT CO. vs. INCOME TAX OFFICER

C.A. No.-007865-007865 - 2009Supreme Court29 Jul 2020

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

Section 40

disallowance of Rs. 20,000/- is made to the declared income.” Before the Commissioner of Income Tax (Appeals), Jodhpur 6. Aggrieved by the order so passed by the Assessing Officer, the assessee-appellant preferred an appeal before the Commissioner of Income 7 Tax (Appeals)6, being Appeal No. 183 of 2007-08, that was considered and dismissed

M/S MUNJAL SALES CORPORATION vs. COMMR.OF INCOME TAX,LUDHIANA

C.A. No.-001378-001378 - 2008Supreme Court19 Feb 2008
For Respondent: Commissioner of Income Tax,Ludhiana & Anr
Section 36(1)(iii)Section 40

7. At this stage, it may be noted that before Finance Act 1992, payment of interest to the partner was an item of disallowance. Therefore, it had to be added back to the assessable income of the firm. But, after 1.4.93, vide Finance Act 1992, the said interest became an item of deduction, provided that the amount of deduction does

CHECKMATE SERVICES P LTD vs. COMMISSIONER OF INCOME TAX-I

C.A. No.-002833-002833 - 2016Supreme Court12 Oct 2022

Bench: HON'BLE THE CHIEF JUSTICE

Section 2Section 2(24)(x)Section 28Section 36Section 36(1)(va)Section 43B

7 undisputed liabilities also are not paid. 35.3 To curb this practice, the Finance Act has inserted a new section 438 to provide that deduction for any sum payable by the assessee by way of tax or duty under any law for the time being in force or any sum payable by the assessee as an employer

COMMISSIONER OF INCOME TAX, COIMBATORE vs. M/S. LAKSHMI MACHINE WORKS

C.A. No.-004409-004409 - 2005Supreme Court25 Apr 2007
For Respondent: M/s. Lakshmi Machine Works
Section 143(1)(a)Section 143(2)Section 80H

7 ACTION POINTS 1. Report is to be filed along with return of income. 2. "Total turnover" does not include cash compensatory support, duty drawback and profit on sale of import entitlement licences. 3. "Export turnover" means the sale proceeds (excluding freight and insurance) receivable in convertible foreign exchange \026 See Circular No.564, dated 5-7-1990. 4. Report

COMMNR. OF INCOME TAX, COIMBATORE vs. M/S. TEXTOOL CO. LTD

The appeal is dismissed with no order

C.A. No.-000447-000447 - 2003Supreme Court09 Sept 2009
Section 256(1)Section 36Section 36(1)(v)Section 40A(7)

Section 40A(7) of the Act. However, deduction for the balance amount was disallowed on the ground that payment towards

M/S GANAPATHY & CO.BANGALORE vs. COMMR.INCOME TAX,BANGALORE

The appeal is dismissed

C.A. No.-001964-001964 - 2008Supreme Court18 Jan 2016
Section 256(2)Section 35Section 40A(2)

40A(2)? ii. Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the loss shown by the assessee in the film business amounting to Rs.31,48,670/- was allowable? iii. Whether on the facts and in the circumstances of the case, the Tribunal was justified in allowing the assessee's claim

COMMISSIONER OF INCOME TAX vs. VANAZ ENGINEERING PVT.LTD

The appeal is allowed, the judgment of the High Court

C.A. No.-004253-004253 - 1983Supreme Court02 May 1986
For Respondent: VANAZ ENGINEERING (P) LTD., BOMBAY

Sections 22, 29 and 40A(7)(b)(ii) - Gratuity - Scheme introduced for first time in assessee firm in 1970 - On basis of Actuarial Report total liability as on December 31, 1970 debited to Profit and Loss Account Assessment proceedings - Income Tax Officer disallowing

COMMISSIONER OF INCOME TAX vs. MAHENDRA MILLS

The appeal is dismissed

C.A. No.-005394-005394 - 1994Supreme Court15 Mar 2000
For Respondent: MAHENDRA MILLS
Section 32Section 34Section 72Section 73

40A, such depreciation shall be excluded for the purposes of sub-rule (1)." This Rule 5AA prescribed the particulars for depreciation necessary to be furnished for allowance of depreciation. Prior to insertion of Rule 5AA return of income tax in the form prescribed itself required particulars to be furnished if the assessee claimed depreciation. Mr. Dastur said that the case