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9,067 results for “disallowance”+ Section 154clear

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Key Topics

Section 15483Section 143(3)79Section 14A67Addition to Income59Disallowance57Section 143(1)45Section 25028Section 14727Deduction27Section 36

ANANDA PAUL,KOLKATA vs. ACIT, CIRCLE-50, KOLKATA, KOLKATA

In the result, assessee’s appeal stands are allowed

ITA 165/KOL/2015[2007-2008]Status: DisposedITAT Kolkata20 Apr 2018AY 2007-2008

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08 Ananda Paul V/S. Acit, Circle-50, Cf-125, Salt Lake City, Manicktala Civic Centre, Kolkata-64 Uttarpan Complex, Ds- [Pan No.Afkpp 2201 D] 2&3, Kolkata-54 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.K. Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant Shri S. Dasagupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 12-02-2018 सुनवाई क" तार"ख/Date Of Hearing 20-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-Xxxii, Kolkata Dated 05.11.2014. Assessment Was Framed By Acit, Circle-50 Kolkata U/S 147/143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 30.12.2011 For Assessment Year 2007-08. Shri, S.K. Tulsiyan, Ld. Advocate Appeared On Behalf Of Assessee & Shri S. Dasgupta, Ld. Departmental Representative Appeared On Behalf Of Revenue. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1) That On The Fats & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Not Treating The Re-Assessment Proceeding U/S 143(3)/147 Of The It Act, 1961 As Invalid, Bad In Law, Unjust & Contrary To The Facts & Law. 2) That On The Facts & In Respect To The Circumstances Of Thee Case, The Ld. Cit(A) Erred In Confirming The Assessment Order Passed U/S. 143(3)/147 Of The It Act, 1961 By The Ld. Ao As Proper & Valid Without Considering The

Section 10(38)Section 143(3)Section 147Section 19(38)

Showing 1–20 of 9,067 · Page 1 of 454

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22
Rectification u/s 15422
Section 43B21

section 154 proceedings to disallow expenditure under section 14A of the Act. This was not possible in section 154 proceedings

YASH DEVELOPERS,MUMBAI vs. DCIT 27(3) , MUMBAI

In the result, the appeal of the assessee is allowed

ITA 3217/MUM/2022[2009-2010]Status: DisposedITAT Mumbai31 Mar 2023AY 2009-2010

Bench: Shri Om Prakash Kant () & Shri Pavan Kumar Gadale () Assessment Year: 2009-10 Yash Developers, Dcit-27(3), 1St Flr Anand, 7Th Road, 4Th Floor, Tower No. 6, Vashi Maryland Apartment, D.K. Vs. Station Complex, Sandhu Marg, Chembur, Vashi-400703 Mumbai-400071. Pan No. Aaafy 6171 A Appellant Respondent Assessee By : Mr. Mandar Vaidya, Ar Revenue By : Mr. Harmesh Lal, Dr : Date Of Hearing 23/02/2023 : Date Of Pronouncement 31/03/2023 Order

For Appellant: Mr. Mandar Vaidya, ARFor Respondent: Mr. Harmesh Lal, DR
Section 154

disallowable. According to ccording to Assessing Officer, this being a mistake this being a mistake apparent from record apparent from record, he rectified the claim of the assessee of he rectified the claim of the assessee of remuneration to partners vide order u/s 154 of the Act dated ration to partners vide order u/s 154 of the Act dated ration

D.C.I.T. CENT. CIR. - 7(2), MUMBAI vs. RAJAHMUNDHRY EXPRESSWAY LTD., MUMBAI

In the result, appeals are dismissed

ITA 6487/MUM/2017[2008-09]Status: DisposedITAT Mumbai04 Mar 2020AY 2008-09

Bench: Shri Saktijit Dey & Shri G. Manjunatha

disallowed the depreciation claimed by the assessee at ` 2,82,47,295. 23. Before us, the learned Counsel for the assessee submitted, by acquiring the right to collect annuity, the assessee has acquired a valuable commercial right which is an intangible asset within the 40 Rajahmundry Expressway Ltd. meaning of section 32(1)(ii). Thus, he submitted, assessee‟s claim

M/S. BHARTI AIRTEL LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

In the result appeal of the assessee with respect to ground No

ITA 5816/DEL/2012[2008-09]Status: DisposedITAT Delhi24 Oct 2016AY 2008-09

Bench: Shri I.C.Sudhir & Shri Prashant Maharishibharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vasant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent) Bharti Airtel Ltd, Addl Cit, Bharti Crescent, 1, Vs. Range-2, Cr Building, Ip Nelson Mandela Road, Vaxant Estate, New Delhi Kunj, New Delhi Pan:Aaacb2894G (Appellant) (Respondent)

For Appellant: Sh. Ajay Vohra, SrFor Respondent: Sh. NC Swain, CIT DR (OSD)
Section 201Section 254Section 40

disallowances based on the decision of honorable Delhi high court in case of of CIT v. Idea Cellular Page 41 of 59 Ltd. [2010] 325 ITR 148/189 Taxman 118 (Delhi), . The Above decision of Honourable Delhi high court was delivered on 19/02/2010 where in the decision of coordinate bench in case of that assessee was reversed by the Hon high

OM INFRA LIMITED,JAIPUR RAJASTHAN vs. DCIT, CENTRAL CIRCLE-1, JAIPUR, JAIPUR, RAJASTHAN

In the result, we find no substantial question of law being involved in this appeal

ITA 811/JPR/2023[2015-16]Status: DisposedITAT Jaipur31 Jul 2024AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member)

For Appellant: Sh. P. C. Parwal (CA)For Respondent: Sh. A. S. Nehra (Addl. CIT)
Section 115JSection 143(3)Section 154Section 80Section 801C(2)(b)Section 80I

disallowing the deduction is a matter of discussion and legal matter which cannot be rectified in order u/s 154. Thus it is debatable issue hence cannot be covered u/s 154 of I.T. Act, 1961. Section

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

ITA 110/MUM/2016[2010-11]Status: DisposedITAT Mumbai01 Jul 2025AY 2010-11

Bench: Hon’Ble Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

For Respondent: Shri Rakesh Ranjan-CIT-DR &
Section 115Section 14ASection 250

disallowance under section 14A r.w.r. 8D cannot be applied in assessee's case. The relevant provisions of section 14A of the Act and Rule 8D of the Income Tax Rules read as under – 14A - Expenditure incurred in relation to income not includible in total income (1) For the purposes of computing the total income under this Chapter, no deduction shall

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

ITA 4172/MUM/2013[2009-10]Status: DisposedITAT Mumbai01 Jul 2025AY 2009-10

Bench: Hon’Ble Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

For Respondent: Shri Rakesh Ranjan-CIT-DR &
Section 115Section 14ASection 250

disallowance under section 14A r.w.r. 8D cannot be applied in assessee's case. The relevant provisions of section 14A of the Act and Rule 8D of the Income Tax Rules read as under – 14A - Expenditure incurred in relation to income not includible in total income (1) For the purposes of computing the total income under this Chapter, no deduction shall

DCIT 2(1)(1), MUMBAI vs. BAJAJ ELECTRICALS LTD, MUMBAI

Accordingly we remit the impugned issue back to the AO with similar directions. The grounds raised by the assessee in this regard are allowed for statistical purposes

ITA 5749/MUM/2015[2010-11]Status: DisposedITAT Mumbai01 Jul 2025AY 2010-11

Bench: Hon’Ble Justice (Retd.) C V Bhadang & Ms Padmavathy S, Am

For Respondent: Shri Rakesh Ranjan-CIT-DR &
Section 115Section 14ASection 250

disallowance under section 14A r.w.r. 8D cannot be applied in assessee's case. The relevant provisions of section 14A of the Act and Rule 8D of the Income Tax Rules read as under – 14A - Expenditure incurred in relation to income not includible in total income (1) For the purposes of computing the total income under this Chapter, no deduction shall

ASIA INVESTMENTS PVT.. LTD.,MUMBAI vs. DCIT ,CIRCLE 2 (1)(1), MUMBAI

In the result, all the three appeal

ITA 6209/MUM/2019[2014-15]Status: DisposedITAT Mumbai27 Nov 2025AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Raj Kumar Chauhan ()

For Respondent: Mr. Kalpesh Unadkat &
Section 14A

154 (SC), it was submitted that disallowance under section 14A of the , it was submitted that disallowance under section 14A of the , it was submitted

AVIAXPERT PVT. LTD.,NEW DELHI vs. ITO WARD 3(1), NEW DELHI

In the result, appeal of the assessee is partly allowed as

ITA 87/DEL/2024[2017-18]Status: DisposedITAT Delhi09 Aug 2024AY 2017-18

Bench: Shri Challa Nagendra Prasad & Shri Brajesh Kumar Singhआ.अ.सं/.I.T.A No.87/Del/2024 िनधा"रणवष"/Assessment Year: 2017-18 बनाम Avia Xpert Pvt. Ltd. Ito, E-178, East Of Kailash, Vs. Ward 3(1), New Delhi. C.R. Building, I.P. Estate, New Delhi. Pan No. Aaica7960L अपीलाथ" Appellant ""यथ"/Respondent

Section 139(1)Section 143(1)Section 154Section 154(3)Section 36(1)(va)

section 154 of the Act. Thus, the rectification order of CPC is bad in law. 14. The order of the CPC passed u/s 154 is also not sustainable for one more reason. We observed that as on the date of passing the order u/s 154 dated 15/06/2019 there were divergent views on the issue of disallowance

M/S KBD SUGARS & DISTILLERIES LTD. vs. ACIT,

In the result, the appeals of the assessee for the Assessment Years 2008-

ITA 933/BANG/2013[2008-09]Status: DisposedITAT Bangalore05 Feb 2016AY 2008-09
For Appellant: Shri V. Chandrashekar, AdvocateFor Respondent: Mrs. Neera Malhotra,CIT (D.R)
Section 143(3)Section 14ASection 36(1)(iii)

disallowed under section 14A Income which does not form part of the total income is broadly adverted to as exempt income as an abbreviated appellation.” 9. After considering these principles as emerged from the decision of Hon’ble Supreme Court in the case of Walfort Share and Stock Brokers P. Ltd. (supra), Hon’ble Jurisdictional High Court has held

RELIANCE INDUSTRIES LIMITED,MUMBAI vs. DCIT (LTU)-2, MUMBAI

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

ITA 5421/MUM/2019[2009-10]Status: DisposedITAT Mumbai03 Sept 2021AY 2009-10

Bench: Hon’Ble Justice P.P.Bhatt & Shri Shamim Yahya

For Appellant: Shri Nimesh Vora-ARFor Respondent: Ms. R.M.Madhavi-CIT(DR)
Section 115JSection 143(1)Section 154Section 154(7)Section 234D

section 154(7) 1 143(3) 26-12-2011 Regular assessment order u/s 143(3) 31-03-2016 2 143(3) 11-05-2012 Reopening of assessment disallowing

ASSOCIATED SOAPSTONE DISTRIBUTING CO PRIVATE LIMITED,JAIPUR vs. PRINCIPAL COMMISSIONER OF INCOME TAX -2, JAIPUR, JAIPUR

ITA 243/JPR/2023[2018-19]Status: DisposedITAT Jaipur04 Mar 2024AY 2018-19
For Appellant: Shri Rohan Sogani, CAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 139(1)Section 143(2)Section 143(3)Section 14ASection 263Section 36(1)(ii)Section 37

disallow expenses as no exempt income was earned. Regarding the interest on delayed TDS, the Tribunal considered it compensatory and thus deductible, and the NFAC's view was plausible. For the excess MAT credit, the Tribunal found that rectifying the issue would fall under Section 154

BAJAJ ELECTRICALS LTD,MUMBAI vs. ADDL CIT 2(1), MUMBAI

Accordingly we remit the impugned\nissue back to the AO with similar directions. The grounds raised by the assessee in\nthis regard are allowed for statistical purposes

ITA 111/MUM/2016[2011-12]Status: DisposedITAT Mumbai01 Jul 2025AY 2011-12
Section 115Section 14ASection 250

disallowance under section 14A r.w.r. 8D\ncannot be applied in assessee's case. The relevant provisions of section 14A of the\nAct and Rule 8D of the Income Tax Rules read as under\n14A - Expenditure incurred in relation to income not includible in total income\n(1) For the purposes of computing the total income under this Chapter, no deduction

DCIT-1(1)(2), MUMBAI vs. M/S HINDUSTAN PETROLEUM CORPORATION LTD., MUMBAI

ITA 3913/MUM/2019[2014-15]Status: DisposedITAT Mumbai16 Jan 2024AY 2014-15
For Respondent: \nDate
Section 143(3)Section 14ASection 14A(2)Section 154Section 250

disallowance of leave encashment, and foreign exchange variation losses were addressed, with some issues being remitted back to the Assessing Officer.", "result": "Allowed/Dismissed/Partly Allowed/Remanded", "sections": ["Section 14A", "Rule 8D", "Section 43B(f)", "Section 37(1)", "Section 115JB", "Section 154

ATUL LIMITED,AHMEDABAD vs. THE ACIT, CIRCLE-1(1)(1), AHMEDABAD

In the result, the appeal is partly allowed

ITA 38/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad08 May 2025AY 2017-18

Bench: S/Shri T.R. Senthil Kumar & Makarand V.Mahadeokarasstt.Year : 2017-18 Atul Limited Acit, Cir.1(1)(1) Atul House, Gi Patel Mark Vs Ahmedabad. Mithila Society, Ahmedabad. Pan : Aabca 2390 M (Applicant) (Responent) Assessee By : Shri Bandish Soparkar, Ar : Shri Prathvi Raj Meena, Cit-Dr Revenue By सुनवाई क" तारीख/Date Of Hearing : 01/05/2025 घोषणा क" तारीख /Date Of Pronouncement: 08/05/2025 आदेश/O R D E R आदेश आदेश आदेश

For Appellant: Shri Bandish Soparkar, AR
Section 115JSection 143(3)Section 144CSection 144C(13)Section 144C(5)Section 14ASection 35Section 40Section 9(1)(vii)Section 92C

section 14A(2) is a mandatory precondition for invoking Rule 8D. In the absence of any such finding, the action of the AO was in violation of the law as held in JSW Energy Ltd. [2023] 153 taxmann.com 208 (Bom), Security Printing & Mining Corporation of India Ltd. [2023] 154 taxmann.com 554 (Delhi), HDFC Bank Ltd. [2025] 171 taxmann.com 47 (Mumbai

M/S. KARNATAKA POWER CORPORATION LIMITED,BENGALURU vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 11(5) PRESENTLY CIRCLE 4(1)(1), BENGALURU

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

ITA 282/BANG/2017[2002 - 2003]Status: DisposedITAT Bangalore11 Jan 2021

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: Sri.Narendra Sharma, AdvocateFor Respondent: Sri.Kannan Narayanan, JCIT-DR
Section 115JSection 143Section 143(3)Section 154Section 263

154 of the Act, without appreciating that in the guise of rectifying the order dated 20/10/2011, has attempted to rectify already concluded issues in the original order of assessment passed under section 143[3] of the Act dated 10/02/2005, under the facts and circumstances of the case. 5. The learned Commissioner of Income-tax [Appeals] failed to appreciate that

M/S. GRID CORPORATION OF ORISSA LIMITED,BHUBANESWAR vs. ACIT-(TDS), BHUBANESWAR

In the result, appeal of the assessee stands allowed

ITA 323/CTK/2019[2009-10]Status: DisposedITAT Cuttack20 Feb 2023AY 2009-10

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2009-2010 2010 Grid Corporation Of Orissa Grid Corporation Of Orissa Vs. Acit (Tds), Acit (Tds), Ltd., Ltd., Gridco Gridco House, House, Bhubaneswar. Bhubaneswar. Janapath, Bhubaneswar. Janapath, Bhubaneswar. Pan/Gir No. Pan/Gir No.Aabcg 5398 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : S/Shri Ved Jain/P.Venugopal Rao /P.Venugopal Rao, Ars Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 20/0 02/2023 Date Of Pronouncement : 20/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A)-1, Bhubaneswar, 1, Bhubaneswar, Dated 12.7.2019 In Appeal No. In Appeal No.0035/17-18 For The Assessment Year The Assessment Year 2009-2010. 2. S/Shri Ved Jain & P.Venugopal Rao, S/Shri Ved Jain & P.Venugopal Rao, Ld Ar Ld Ars Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: S/Shri Ved Jain/P.Venugopal RaoFor Respondent: Shri M.K.Gautam
Section 154Section 244ASection 244A(2)

disallowed. Notice under section 154 dated 5-7-2018 was duly received by the Ld. AR of the assessee who appeared

DHABRIYA POLYWOOD LIMITED,JAIPUR vs. DCIT CENTRAL CIRCLE-1, JAIPUR, JAIPUR

ITA 78/JPR/2023[2015-16]Status: DisposedITAT Jaipur24 Jul 2023AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Rajeev Sogani (C.A) &For Respondent: Ms. Runi Pal (Addl.CIT)
Section 143(3)Section 154

section 154…..” 6. Ld. A.O. while passing order u/s 154 disallowed the expenditure in relation to increase in authorized share

DEPUTY COMMISSIONER OF INCOME TAX CC-7(3), MUMBAI vs. M/S MACROTECH DEVELOPERS LIMITED (FORMERLY KNOWN AS LODHA DEVELOPERS PVT LTD) (SUCCESSOER OF M/S BELLISSIMO CROWN BUILDMART PVT LTD ), MUMBAI

Accordingly should be allowed as a deduction

ITA 2383/MUM/2022[2016-17]Status: DisposedITAT Mumbai08 Nov 2023AY 2016-17

Bench: Shri Kuldip Singh () & Ms. Padmavathy S. ()

Section 115JSection 14ASection 92C

154 (SC) to hold that all investments including purchase of shares for gaining control over the investing company to be considered for making disallowance under section