SAJAL KUMAR KUNDU,KOLKATA vs. I.T.O, WARD-37(2), KOLKATA, KOLKATA
What did the Tribunal hold?
The Tribunal found that neither the AO nor the CIT(A) had properly adjudicated the issue of cash purchases. Both parties agreed that the matter needed to be re-examined by the AO.
What were the facts?
The assessee's appeal concerned the disallowance of cash purchases made in violation of Section 40A(3). The Assessing Officer (AO) had disallowed these purchases, and the CIT(A) had confirmed this action without passing a speaking order.
What were the issues?
Whether the disallowance of cash purchases made in violation of Section 40A(3) was justified, and whether the CIT(A) had passed a speaking order.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH: KOLKATA
Before: Shri Mahavir Singh, JM]
This appeal by assessee is arising out of order of CIT(A)-XXIV, Kolkata vide Appeal No. 1089/CIT(A)-XXIV/W-37(2)/11-12 dated 04.03.2013. Assessment was framed by ITO, Ward- 37(2), Kolkata u/s. 147 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2008-09 vide his order dated 30.12.2011. 2. The only issue in this appeal of assessee is against the order of CIT(A) confirming the action of AO in disallowing the purchase made in cash in violation of the provisions of section 40A(3) of the Act.
I have heard rival submissions and gone through facts and circumstances of the case. Both the Ld. Counsel for the assessee as well as Ld. Sr. DR fairly conceded that the CIT(A) has not passed a speaking order. Further Ld. Counsel for the assessee stated that the purchases made through cheques which have not been accepted by AO. I have gone through the assessment order and the order of CIT(A) and found that none of the authorities below have crystallized this issue or discussed the issue and relevant facts. In terms of the above, both the sides conceded that the issue can be remitted back to the file of AO for fresh consideration. In term of the above, I set aside the orders of the authorities below and restore the matter back to the file of the AO for fresh adjudication. The appeal of assessee is allowed for statistical purposes.
In the result, appeal of assessee is partly allowed. Order pronounced in the open court. (Mahavir Singh) ` Judicial Member Dated : 4th February, 2016 Jd. Sr. P.S
2 Sajal Kumar Kundu, AY 2008-09
Copy of the order forwarded to:
Appellant – Shri Sajal Kumar Kundu, Prop. Of M/s. Kundu Services, AE-535, Salt Lake City, Kolkata-700064. 2. Respondent – ITO, Wd-37(2), Kolkata.
CIT(A) , Kolkata
CIT , Kolkata
DR, Kolkata Benches, Kolkata /, By order, Asstt.
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 →- Aashutosh vs. The State Of Madhy PradeshMadhya Pradesh · 23 Oct 2026
- M/S Barnala Steel Industries Private Limited vs. State Of Uttar Pradesh And 2 OthersAllahabad · 22 Oct 2026
- Skd Suppliers Private Limited vs. The Superintendent, Central CGST, Rishra Division, Range-Ii, And AnrCalcutta · 22 Oct 2026
- M/S Aasha Industries vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026
- M/S Bharat Iron Scrap vs. State Of U.P. And AnotherAllahabad · 22 Oct 2026