RAJ WINES,NAVI MUMBAI vs. CIT, THANE
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 held that the cash payments were necessitated by business exigencies and were genuine, supported by vendor confirmations and the fact that payments were made on weekends. Therefore, the disallowance under Section 40A(3) was not justified.
What were the facts?
The assessee, a retail wine dealer, made cash payments for purchases from wholesale vendors due to business exigencies, including weekend payments when banks were closed. The Assessing Officer disallowed these payments under Section 40A(3), which was upheld by the CIT(A).
What were the issues?
Whether cash payments made due to business exigencies and on weekends, despite Section 40A(3) disallowance, are justifiable. Whether the circumstances fall under the exceptions provided in Rule 6DD.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(6)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.
- Smt. Harshila Chordia v. ITO187 citing298 ITR 349 · 2008 · HC
- Girdharilal Goenka v. CIT31 citing179 ITR 122 · 1989 · HC
- (i). Attar Singh Gurmukh Singh v. Income Tax Officer, Ludhiana10 citing217 ITR 431 · 1996 · HC
- Commissioner of Income Tax v. P.Pravin And Co.9 citing274 ITR 534 · 2005 · HC · Read judgment
- Chaudhary & Co (1996) 217 ITR 431 (All); George & Sons. v. ACIT7 citing291 ITR 44 · 2007 · HC
- CIT v. Raja Pal Automobiles5 citing320 ITR 185 · 2010 · HC
Income Tax Appellate Tribunal, “SMC”, BENCH MUMBAI
Before: SHRI R.C.SHARMA
O R D E R
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- Nagendra Prasad, Patna vs ITO Ward -5(3) Patna, Dak BanglowITA 362/PAT/2026[2016-17]Status: Disposed29 Sept 2026AY 2016-17
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