DCIT, CENTRAL CIRCLE-2, MADURAI vs. J S NIHAR BANU, PALAKKAD

ITA 363/CHNY/2019Status: DisposedITAT Chennai25 October 2024AY 2012-1333 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the assessment orders were time-barred as they were dispatched after the prescribed limitation period. Therefore, the assessment orders were quashed, and the grounds raised by the assessee regarding limitation were allowed.

What were the facts?

The Revenue filed appeals against the CIT(A)'s order deleting additions made under Section 40A(3). The assessees had made cash payments exceeding Rs. 20,000 to middlemen for copra purchases, which the AO disallowed. The CIT(A) had deleted these additions, finding the transactions covered by Rule 6DD(k).

What were the issues?

The primary issues were whether the assessment orders were made within the prescribed time limit and whether the cash payments for copra purchases were covered by the exceptions under Section 40A(3) read with Rule 6DD(k).

Which sections of the Income-tax Act were involved?

Section 40A(3),Section 153(1),Section 153A,Section 153C

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Cases cited in this judgment(8)Show list

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आयकर अपीलीय अधिकरण, 'बी' न्यायपीठ, चेन्नई। IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH: CHENNAI श्री मनु कुमार गिरि, न्यायिक सदस्य एवं श्री अमिताभ शुक्ला, लेखा सदस्य के समक्ष BEFORE SHRI MANU KUMAR GIRI, JUDICIAL MEMBER AND SHRI AMITABH SHUKLA, ACCOUNTANT MEMBER आयकर अपील सं./ITA No.355, 356, 357 & 358 /Chny/2019 निर्धारण वर्ष / Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & CO 32, 33, 34, & 35 /Chny/2019

Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner of Income Tax, Central Circle-2, Madurai M/s.Achu Traders, No. 11/1288, Kerala-678507 [PAN: AAPFA8131B] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) आयकर अपील सं./ITA No.359, 360, 361 & 362 /Chny/2019 निर्धारण वर्ष / Assessment Year: 2012-13, 2013-14, 2014-15 & 2015-16 & CO 36, 37, 38, & 39/Chny/2019

Assessment Years : 2012-13, 2013-14, 2014-15 & 2015-16 The Deputy Commissioner of Income Tax, Central Circle-2, Madurai Shri M.Shahjahan, Prop. M/s. Madeena Traders No.VII/561, M.Pudur Main Road, Vs Govindapuram Post, Palakkad, Kerala-678507 [PAN: AIYPS1815P] (अपीलार्थी/Appellant) आयकर अपील सं./ITA No.363, 444 & 445 /Chny/2019 निर्धारण वर्ष /

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