LEATHER GRAPHICA,KOLKATA vs. ITO, WARD - 32(1), KOLKATA
What did the Tribunal hold?
The Tribunal deleted the disallowance on cash payments, citing a jurisdictional High Court decision regarding the leather business. It also deleted the disallowance under Section 40(a)(ia) due to lack of nexus with contractual payments. The ground regarding undisclosed income was not pressed.
What were the facts?
The assessee challenged disallowances made by the lower authorities. These included 20% of cash payments exceeding ₹20,000 for purchases and disallowance under Section 40(a)(ia) for tanning charges paid to certain parties.
What were the issues?
Whether cash payments exceeding ₹20,000 in the leather business are disallowable and if tanning charges paid to certain parties constitute contractual payments attracting disallowance under Section 40(a)(ia).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. CPL Tannery64 citing318 ITR 179 · 2009 · HC
Income Tax Appellate Tribunal, KOLKATA BENCH “SMC” KOLKATA
Before: Shri S.S, Godara
This assessee’s appeal for assessment year 2006-07, arises against the Commissioner of Income-tax (Appeals)-9, Kolkata’s order dated 29.05.2018 passed in case No.386/CIT(A)-9/Wd-32(1)/2014-15/Kol involving proceedings u/s. 143(3) r.w.s. 254 r.w.s. 251 of the Income Tax Act, 1961; in short ‘the Act’. Heard both the parties. Case file perused.
The assessee’s first substantive ground challenges correctness of both the lower authorities’ action disallowing 20% its cash payments exceeding of ₹20,000/- amounting to ₹2.85 lac; coming to ₹57,000/- on account of purchases made from M/s S.R. Leathers. There is no dispute that this assessee is a dealer in tanning skin latter case revenue and latter hon'ble jurisdictional high court’s decision in CIT vs. CPL Tannery 318 ITR 179 (2008) (Cal) holds that cash payments in this line of leather business is covered under Rule DD(f)(ii) of the Income Tax Rules, 1962 as the ITA No.2108/Kol/2018 A.Y. 2006-07 Leather Graphica vs. ITO Wd-32(1), Kol. Page 2 payees/ suppliers had to be recognized as purchaser of hides/skin. I adopt the said detailed reasoning mutatis mutandis to delete this first disallowance of ₹57,000/-.
Next comes undisclosed income addition. Mr. Agarwal is fair enough in not pressing for this ground keeping in mind smallness of the amount involved. I decline this second substantive ground in above terms accordingly.
Next comes sec. 40(a)(ia) disallowance made of ₹3,04,122/- made in both lower proceedings. The Assessing Officer as well as CIT(A) treat assessee’s tanning charges paid to Md. Anwar and M/s R.H. Tannery to be contractual payments u/s/. 194C of the Act. There is no nexus in either in assessment order or CIT(A)’s findings that they are exceeded in earlier or written contract between assessee and these two payees. I therefore delete the impugned disallowance in this count alone.
This assessee’s appeal is partly allowed in above terms. Order pronounced in open court on 22/03/2019 (S.S. Godara) Judicial Member Kolkata, *Dkp/Sr.PS "दनांकः- 22/03/2019 कोलकाता आदेश क" ""त"ल"प अ"े"षत / Copy of Order Forwarded to:- 1. अपीलाथ"/Appellant-Leather Graphica C/o Subash Agarwal & Associates Siddha Gibson, 1, Gibson Lane, Suite-213, 2nd Floor, Kolkaktg-69
""यथ"/Respondent-ITO Wd-32(1), Aayakar Bhawan, Poorba, 110, Shantipally, Kolkata-107 3. संबं"धत आयकर आयु%त / Concerned CIT 4. आयकर आयु%त- अपील / CIT (A) 5. &वभागीय ")त)न"ध, आयकर अपील"य अ"धकरण कोलकाता / DR, ITAT, Kolkata 6. गाड+ फाइल / Guard file. By order/आदेश से, // सहायक पंजीकार आयकर अपील"य अ"धकरण, कोलकाता ।
More judgments on Section 40(a)(ia)
- Rekha Agarwal, Jaipur vs ITO WD 4(1), JaipurITA 844/JPR/2025[2021-22]Status: Disposed21 Oct 2026AY 2021-22
- Cdg Petchem Limited, Hyderabad vs ITO, Ward - 1(1), HyderabadITA 1900/HYD/2025[2018-2019]Status: Disposed16 Oct 2026AY 2018-2019
- M/S. Shree Laminators Ltd., Kolkata vs DCIT, Circle 4(4), KolkataITA 1534/KOL/2026[2011-2012]Status: Disposed15 Oct 2026AY 2011-2012
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1493/KOL/2026[2015-2016]Status: Disposed15 Oct 2026AY 2015-2016
- J.D. Marketing, Kolkata vs ITO, Ward 37(1), KolkataITA 1492/KOL/2026[2013-2014]Status: Disposed15 Oct 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- Kanwar Enterprises Private Limited vs. The Joint Commissioner - State TaxTelangana · 30 Oct 2026
- M/S. Bangi Mines And Minerals vs. The State Of TelanganaTelangana · 30 Oct 2026
- M/S. Arka Business Solutions vs. Principal Commissioner Of CustomsTelangana · 30 Oct 2026
- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026