RAMANAND KIDARNATH INTERNATIONAL ,MUMBAI vs. DY. CIT, CIRCLE 26(1), MUMBAI
What did the Tribunal hold?
The Tribunal found that insufficiency of stamp duty does not invalidate a document, as the Stamp Act provides for penalties. Greater importance should be given to the substance of the matter over technical defects.
What were the facts?
The assessee challenged the addition of Rs. 1,07,80,631/- on account of remuneration to working partners and the disallowance of Rs. 4,50,000/- under Section 35AC. The AO disallowed partner remuneration due to issues with the amended partnership deed's stamp papers and timing of its language.
What were the issues?
Whether the amended partnership deed was invalid due to stamp duty issues and the timing of its language, impacting partner remuneration deductibility.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES, MUMBAI
Before: HON’BLE SANDEEP GOSAIN & HON’BLE BIJAYANANDA PRUSETH
PER SANDEEP GOSAIN, JUDICIAL MEMBER:
This appeal is filed by the Assessee against the order of Ld. NFAC vide dated 27-Nov-2025 for the Assessment Year 2013-14. The Assessee has raised the following grounds of appeal:
ITA 99/MUM/2026 RAMANAND KIDARNATH INTERNATIONAL
The learned CIT (Appeals) has erred in law and on the facts of the case in sustaining the
The order continues below.
Read the full judgment
A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
More judgments on Section 40(b)
- M/S Shree Shakuntala Industries, Alwar vs ITO, Ward-1(1), AlwarITA 1396/JPR/2025[2002-03]Status: Disposed16 Oct 2026AY 2002-03
- Morlidhar B Vamdote, Bardoli vs ITO, Ward-1, BardoliITA 1174/SRT/2025[2017-18]Status: Disposed1 Oct 2026AY 2017-18
- M/S Prashant Fruit Company, Alwar vs ITO, Ward-1(1), AlwarITA 1557/JPR/2025[2018-19]Status: Disposed30 Sept 2026AY 2018-19
- M/S Prashant Fruit Company, Alwar vs ITO, Ward-1(1), AlwarITA 1549/JPR/2025[2019-20]Status: Disposed30 Sept 2026AY 2019-20
- Super Fin Services, Ahmedabad vs Income Tax Officer Ward 3(3)(5), AhmedabadITA 1389/AHD/2026[2021-22]Status: Disposed10 Sept 2026AY 2021-22
Recent GST High Court judgments
Search GST case law →- Sh Umang Uniyal vs. Commissioner Department Of Central Goods And Services TaxUttarakhand · 16 Oct 2026
- Paresh Textiles Prop Paresh Gudhka vs. Superintendent Range Iv Div VBombay · 15 Oct 2026
- M/S Palladium Constructions PVT LTD. vs. Principal Commissioner Of Central TaxKarnataka · 15 Oct 2026
- M/S. Vk Construction vs. The Deputy State Tax Officer - IiMadras · 15 Oct 2026
- Tvl. Sri Bhuvaneshwari And Co vs. The Deputy Commissioner (St)Madras · 15 Oct 2026