ASHOK KUMAR AGRAWALLA,BHUBANESWAR vs. ITO , WARD-2(1), BHUBANESWAR
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal considered the submissions and noted that employees had filed returns showing salary income. It also considered that the sundry creditor accounts were for religious trusts. In the interest of justice, the addition made by the AO and confirmed by the CIT(A) was deleted.
What were the facts?
The assessee made payments to employees in cash, which were added to income by the AO and confirmed by CIT(A). The assessee also had two Sundry creditor accounts that were allegedly God's accounts, into which capital was drawn and credited towards payments to religious trusts.
What were the issues?
Whether cash payments to employees were to be added to income, and whether the amounts in the sundry creditor accounts were allowable as deductions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
2 small type employees and they demanded the cash as it could be impossible to route the transactions through their bank accounts. It was also the submitted by the assessee that the employees have filed their returns and shown the income in their hands. The Ld. AR has drawn our attention to the returns filed by the employees at pages 11 & 12 and 13 &14, wherein the salary income has been included. It was the prayer that the said additions may be deleted.
In reply the Ld. Sr DR submitted that the assessee was not allowed to make payment of excess of Rs.20,000/- other than by account payee cheque or bank draft or through account transferred.
We have considered the rival submissions. Considering the genuineness of the transactions and the fact that the employees have shown their income in the returns of income filed by them, in the interest of justice the addition made by the AO and confirmed by the Ld.CIT(A) stands deleted.
It was the further submissions of the ld. AR that the second addition was in respect of two Sundry creditors namely Sri Satiji Mata having the closing balance Rs.1,83,563.40/- and Shri Ganeshji Maharaj having closing balance Rs.678.25/-. It was the submission that these were basically God’s account and these were amounts that the assessee was drawing out of his capital account and crediting to the said two accounts towards the payments to two religious trust. It was submission that the same has liable to be allowed.
More judgments on Section 40A(3)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Infra Developers, Shivpuri vs Income Tax Officer, AshoknagarITA 454/AGR/2026[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Saiyed Zaharul Alam, Murshidabad vs I.T.O., Ward - 42(1), MurshidabadITA 2233/KOL/2026[2013-2014]Status: Disposed16 Oct 2026AY 2013-2014
- M/S Sadana Electric Store, Lucknow vs DCIT Range-6, LucknowITA 283/LKW/2024[2014-15]Status: Disposed30 Sept 2026AY 2014-15
- Nagendra Prasad, Patna vs ITO Ward -5(3) Patna, Dak BanglowITA 362/PAT/2026[2016-17]Status: Disposed29 Sept 2026AY 2016-17
Recent GST High Court judgments
Search GST case law →- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026
- Dwaraka Jewellers, Bhubaneswar vs. Superintendent, CGST And Central Excise, BhubaneswarOrissa · 31 Oct 2026