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79 results for “section 68”+ Section 44Aclear

Sorted by relevance

Delhi28Mumbai13Cuttack11Lucknow5Hyderabad4Bangalore4Indore3Kolkata2Chandigarh2Telangana2Varanasi1Jaipur1Karnataka1SC1Ahmedabad1

Key Topics

Section 143(3)67Addition to Income57Disallowance40Natural Justice29Section 153A28Section 6824Section 69A22Exemption19Deduction19Section 44A

SHRI SANDEEP S SHARMA ,MUMBAI vs. INCOME TAX OFFICER WARD 20(3)(5), MUMBAI

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 4801/MUM/2024[2013-14]Status: DisposedITAT Mumbai28 Feb 2025AY 2013-14

Bench: Shri Saktijit Dey, Hon’Ble & Shri Narendra Kumar Billaiya, Hon’Ble

For Appellant: Shri K. Gopal a/w Ms. Neha Paranjpe, A/RsFor Respondent: Shri Bhangepatil Pushkaraj Ramesh, Sr. D/R
Section 143(1)Section 44ASection 68

68 of the Act, the Tribunal deleted the addition by placing reliance of various decisions of the Tribunal holding that where the returns are filed on the basis of income declared under section 44A

THE COMMISSIONER OF INCOME TAX JAIPUR vs. PRAKASH CHAND LUNIA (D) THR LRS

Showing 1–20 of 79 · Page 1 of 4

16
Section 36(1)(viia)16
Section 1115
C.A. No.-007689-007690 - 2022
Supreme Court
24 Apr 2023

Bench: HON'BLE MR. JUSTICE M.R. SHAH

Section 104Section 112Section 135Section 271Section 69A

68, 69 and 69A to 69D of the Act, which deals with unexplained income, expenditure etc., it can never be said that the same would be brought under Section 37(1) of the Act, despite the fact that the objective behind both the provisions are overlapping with some connection. CIVIL APPEAL NO. 7689-7690 OF 2022 8 Section

DINESHKUMAR VERMA,MUMBAI vs. ITO WARD 2(1), KALYAN

In the result, impugned order is set-aside and the appeal of assessee is allowed

ITA 1183/MUM/2019[2014-15]Status: DisposedITAT Mumbai28 Dec 2020AY 2014-15

Bench: Shri Vikas Awasthyआअसं. 1183/मुं/2019 ("न.व.2014-15) Dineshkumar Verma, 102, Sai Aashram Apartment, 2Nd Floor, Tejumal Chaki Road, Nr. Sadhubela School, Ulhasnagar, : अपीलाथ"/ Appellant Tahane 421 001 Pan : Acmpv 7468B बनाम/ Vs.

For Appellant: Shri Tanmay PhadkeFor Respondent: Ms. Smita Verma
Section 44ASection 68

68 of the Act, the Tribunal deleted the addition by placing reliance of various decisions of the Tribunal holding that where the returns are filed on the basis of income declared under section 44A

MR. TEJSINGH DHANSINGH RAJPUROHIT ,MUMBAI vs. ITO WARD 30(1)(1), MUMBAI

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

ITA 2751/MUM/2025[2011-12]Status: DisposedITAT Mumbai04 Aug 2025AY 2011-12

Bench: Shri Sandeep Gosain, ()

Section 44ASection 68

68 of the Act, the Tribunal deleted the addition by placing reliance of various decision of the Tribunal holding that where the returns are filed on the basis of income declared under section 44A

SHAHEEN RABIA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE -II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 62/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 10(38) of the IT Act, 1961. 7. That the alleged bogus share transaction cannot be taxed u/s 69A as the appellant has given the documentary evidence of sale and purchase at prevailing market rate on stock exchange. 8. That there has been no evidence as to the why the gain from the sale of securities be treated

ZAIN ALAM,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 64/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 10(38) of the IT Act, 1961. 7. That the alleged bogus share transaction cannot be taxed u/s 69A as the appellant has given the documentary evidence of sale and purchase at prevailing market rate on stock exchange. 8. That there has been no evidence as to the why the gain from the sale of securities be treated

MARGHOOB ALAM,KANPUR vs. DCUT, CC-II, KANPUR, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 61/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 10(38) of the IT Act, 1961. 7. That the alleged bogus share transaction cannot be taxed u/s 69A as the appellant has given the documentary evidence of sale and purchase at prevailing market rate on stock exchange. 8. That there has been no evidence as to the why the gain from the sale of securities be treated

NAUSHEEN FARAH,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 63/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 10(38) of the IT Act, 1961. 7. That the alleged bogus share transaction cannot be taxed u/s 69A as the appellant has given the documentary evidence of sale and purchase at prevailing market rate on stock exchange. 8. That there has been no evidence as to the why the gain from the sale of securities be treated

NISHAT ARA,KANPUR vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-II, KANPUR

In the result, all the appeals of the assessees are partly allowed

ITA 65/LKW/2021[2012-2013]Status: DisposedITAT Lucknow06 Jul 2022AY 2012-2013

Bench: Shri A. D. Jain & Shri T. S. Kapoor

Section 10(38)Section 147Section 148Section 69A

section 10(38) of the IT Act, 1961. 7. That the alleged bogus share transaction cannot be taxed u/s 69A as the appellant has given the documentary evidence of sale and purchase at prevailing market rate on stock exchange. 8. That there has been no evidence as to the why the gain from the sale of securities be treated

RAMAN KUMAR MALHOTRA,KOLKATA vs. ITO, WARD-36(1), KOLKATA, KOLKATA

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

ITA 1609/KOL/2014[2007-2008]Status: DisposedITAT Kolkata21 Oct 2016AY 2007-2008

Bench: Shri P.M. Jagtap

Section 143(3)Section 147Section 41(1)

44A of the Act. The estimate of business income of the assessee as made by the Assessing Officer thus is well founded and even the ld. counsel for the assessee has not been able to dispute this position. He, however, has contended that once the books of account of the assessee are rejected and the income of the assessee

ORIENT OVERSEAS CONTAINER LINE LIMITED ,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-CIRCLE 3(2)(2) , MUMBAI

ITA 3278/MUM/2023[2020-21]Status: DisposedITAT Mumbai24 Oct 2024AY 2020-21
Section 143(3)Section 44B

68 of the Service Tax Act read with Rule\n2(1)(d) of Service Tax Rules has been judicially interpreted to mean\nthat if the payer is entitled to realize or recover the same from the\nrecipient, then it can be done only on the basis of a contractual\nunderstanding between the parties There is no statutory basis for\nrecovering

M/S U TOLL CORPORATION LTD.,,VARANASI vs. ACIT, CIRCLE - 02, VARANASI

In the result, the appeal of the assessee is dismissed

ITA 107/VNS/2018[2013-2014]Status: DisposedITAT Varanasi07 Jun 2022AY 2013-2014

Bench: Hon’Ble Sh.Vijay Pal Rao & Hon’Ble Sh. Ramit Kocharassessment Year: 2013-14 M/S U Toll Corporation Ltd., V. The Asstt. Commissioner Of Samne Ghat, Lanka, Varanasi, U.P. Income Tax, Circle-2, Pan-Aaacu6429Q Varanasi, U.P. (Assessee) (Respondent) Assessee By: None Respondent By: Sh. A.K. Singh, Sr. D.R. Date Of Hearing: 25.05.2022 Date Of Pronouncement: 07.06.2022

For Appellant: NoneFor Respondent: Sh. A.K. Singh, Sr. D.R
Section 44ASection 68

section 68 of the Act to prove the identity of the loan creditor, creditworthiness of the loan creditor and the genuineness of the transaction. Accordingly, the Assessing Officer made this addition. He has further pointed out that the Assessing Officer made total addition of Rs. 1 Crore which includes a second loan of Rs. 30 Lac from Kumar Nagendra

RADHEY RAM GODARA,JAIPUR vs. ITO, JAIPUR

In the result, appeal of the assessee is partly allowed for Statistical purposes

ITA 349/JPR/2016[2008-09]Status: DisposedITAT Jaipur29 Nov 2017AY 2008-09
For Appellant: Shri Shrawan Kumar Gupta, AdvocateFor Respondent: Shri R.A. Verma, Addl.CIT -DR
Section 143(2)Section 143(3)Section 234A

44A) Rs. 9,77,000/- on 30.06.2007, Rs, 7,35,000/- Satish/Madhu Rs.8,13,600/- on various date from 09.06.2005 on 03.07.2007. Rs.17,16,000/- on 20.07.2007 Sharma to 10.10.2006 form A/c No. 09972010008390 and Rs.16,03,000/- on 23.11.2007 vide Bank (PB37-42). And also paid Rs.5,94,000/- during A/c of Madhu Sharma (PB222-224) credited the year

M/S.HDB FINANCIAL SERVICES LTD.,,AHMEDABAD vs. THE PR. CIT-1 , AHMEDABAD

In the result, the appeal filed by the Assessee is hereby allowed

ITA 177/AHD/2022[2017-18]Status: DisposedITAT Ahmedabad24 Jan 2024AY 2017-18

Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 115JSection 142(1)Section 143(2)Section 143(3)Section 14ASection 36(1)(vii)Section 36(1)(viia)Section 80J

44A) 75.73 Write offs (net of recovery * 75.28 crore 224.81 (previous year 51.74 crore)) Provision for dimunition of investment - Contingent provision against standard assets 39.05 Total 339.59 10. We have considered the submissions made above and the case laws relied by the Ld. Counsel, it is seen clearly that the assessee company has duly written off bad debt in books

ICICI BANK LTD.,MUMBAI vs. THE DY CIT -2(3)(1), MUMBAI

In the result we hold that the learned principal

ITA 737/MUM/2021[2011-12]Status: DisposedITAT Mumbai08 Mar 2022AY 2011-12

Bench: Shri Prashant Maharishi, Am & Shri Pavan Kumar Gadale, Jm Icici Bank Limited The Dy. Commissioner Of Icici Bank Towers, Income-Tax-2(3)(1), Aayakar Bhavan, 5 Th Floor, Bandra Kurla Complex, Vs. Bandra (East), Room No.552, Mumbai-400 051 M.K.Road, Mumbai-400 020 (Appellant) (Respondent) Pan No. Aaaci1195H Appellant By : Ms Arati Vissanji, Ar Respondent By : Shri Nikhil Chaudhary, Cit Dr Date Of Hearing: 13.01.2022 Date Of Pronouncement : 08.03.2022

For Appellant: Ms Arati Vissanji, ARFor Respondent: Shri Nikhil Chaudhary, CIT DR
Section 143(3)Section 147Section 263Section 263(1)Section 263(2)Section 36(1)(vii)Section 36(1)(viia)Section 36(1)(viii)

44A of the Banking Regulation Act, 1949. In pursuance to ICICI Bank Ltd.; AY 11-12 the said amalgamation the liability for Bonus, Pension, leave encashment, gratuity as appearing in the Books of the Bank of Rajasthan Limited as on August 12, 2010, of Rs. 7,348,424,124 was taken over by ICICI Bank Limited

JINDAL STEEL & POWER LTD.,NEW DELHI vs. ACIT, HISAR

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

ITA 893/DEL/2014[2009-10]Status: DisposedITAT Delhi29 Apr 2019AY 2009-10

Bench: Sh. Bhavnesh Saini & Sh. N. S. Sainiita No. 893/Del/2014 : Asstt. Year : 2009-10 Jindal Steel & Power Ltd., Vs Asstt. Commissioner Of Jindal Centre, 12, Bhikaji Cama Income Tax, Hisar Circle, Place, New Delhi-110066 Hisar (Appellant) (Respondent) Pan No. Aaacj7079D Assessee By : Sh. Salil Kapoor, Adv., Sh. Sumit Lal Chandani, Adv., Ms. Ananya Kapoor, Adv. & Ms. Pallavi Saigal, Adv. Revenue By : Sh. Sanjay I. Bara, Cit Dr Date Of Hearing :05.03.2019 Date Of Pronouncement : 29.04.2019 Order Per N. S. Saini: This Is An Appeal Filed By The Assessee Against The Order Of Assessing Officer U/S 143(3)/144C(13) Of The Income Tax Act, 1961 Dated 29.10.2018 For Assessment Years 2013-14

For Appellant: Sh. Salil Kapoor, AdvFor Respondent: Sh. Sanjay I. Bara, CIT DR
Section 143(3)Section 144CSection 80Section 80I

68,40,374/-. The assessee company claimed deduction u/s 80IA is respect of sale of power for Rs. 4,193,071,772/-. Thus, the allowable deduction u/s. 80-1A comes to Rs. Rs.2,52,62,31,398/ (Rs. 4,193,071,772/-minus Rs. 1,666,840,374/-). 23. Before us, the Authorized Representative of the assessee submitted that

DCIT, CORPORATE CIRCLE-1(2), BHUBANESWAR vs. M/S. NATIONAL ALUMINIUM COMPANY LIMITED, BHUBANESWAR

In the result, appeal of the assessee i

ITA 339/CTK/2016[2010-11]Status: DisposedITAT Cuttack27 Apr 2018AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अऩीऱ सं./Ita No.339 & 340/Ctk/2016 Dcit, Corporate Circle1(2)/ Vs. National Aluminium Company Acit, Circle-2(2), Limited, Bhubaneswar Nalco Bhavan, P/1, Nayapalli, Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & आयकर अऩीऱ सं./Ita No.352 & 353/Ctk/2016 & Ita No.374/Ctk/2014 (नििाारण वषा / Assessment Year :2010-11, 2012-13 & 2011-12) National Aluminium Company Vs. Jcit Range-2/ Limited, Acit, Corporate Circle-1(2) Nalco Bhavan, P/1, Nayapalli, Bhubaneswar Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. & Cross Objection No.01/Ctk/2015 & 25/Ctk/2016 (Arising Out Of Ita Nos.376/Ctk/14 & Ita No.340/Ctk/2016) (नििाारण वषा / Assessment Year :2011-2012 & 2012-2013) National Aluminium Company Vs. Acit, Circle-2(2)/ Limited, Dcit, Corporate Circle- Nalco Bhavan, P/1, Nayapalli, 1(2), Bhubaneswar Bhubaneswar स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No. : Aaacn 7449 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) ..

For Appellant: Shri Ved Jain/B.K.Mahapatra, ARsFor Respondent: Shri Saad Kidwai, CIT DR
Section 14A

68,90,7181- u/s. 234A, 234B, 234C and 2340 of the Act respectively by the learned CIT(Appeals) is incorrect arbitrary, erroneous and bad, both in the eye of law and on facts. b. That the assessee having filed its return u/s.139(1) of the Act, the lower authority having denied its liability for interest of Rs.1

GIESECKE & DEVRIENT (INDIA) PVT. LTD.,GURGAON vs. ADDL. CIT, SPECIAL RANGE- 04, NEW DELHI

In the result, appeal of the assessee in ITA No

ITA 7075/DEL/2017[2013-14]Status: DisposedITAT Delhi13 Oct 2020AY 2013-14

Bench: Shri N.K. Billaiya & Ms. Suchitra Kamble[A.Y 2013-14] Giesecke & Devrient [India] Pvt Ltd Vs. The Addl. C.I.T Corporate Office, Plot No. 57, Special Range -04 Sector 44, Gurgaon New Delhi Pan: Aabcg 4223 D [Appellant] [Respondent]

For Appellant: Shri Harpreet Singh Ajmani, AdvFor Respondent: Shri Surendra Pal, CIT-DR
Section 143(3)Section 40a

68. In light of the above, let us now consider the India Germany DTAA, which is under consideration in the present additional ground of appeal. “Notification No. G. S. R. 836(E), dated 29th November, 1996 Whereas the annexed Agreement between the Government of the Republic of India and the Government of the Federal Republic of Germany for the avoidance

DCIT-2(3)(1), MUMBAI vs. INDUSIND BANK LTD., MUMBAI

ITA 3675/MUM/2023[2018-19]Status: DisposedITAT Mumbai17 Jul 2025AY 2018-19
Section 143(3)Section 14ASection 250Section 35DSection 36(1)(via)Section 36(1)(viia)Section 43B

44A or the assessee was under compulsion to dispose of all the non-\nbanking assets under section 9, income earned by the assessee must be treated as\nprofits made from the resale of the stock-in-trade and most be treated as the profits of\nthe money lending business. The revenue further submitted that due to the\namalgamation character

INDUSIND BANK LTD,MUMBAI vs. THE DCIT-2(3)(1), MUMBAI

In the result, the Income Tax Appeal is\ndismissed

ITA 1842/MUM/2023[2019-20]Status: DisposedITAT Mumbai17 Jul 2025AY 2019-20
Section 143(3)Section 14ASection 250Section 35DSection 36(1)(via)Section 36(1)(viia)Section 43B

44A or the assessee was under compulsion to dispose of all the non-\nbanking assets under section 9, income earned by the assessee must be treated as\nprofits made from the resale of the stock-in-trade and most be treated as the profits of\nthe money lending business. The revenue further submitted that due to the\namalgamation character