Attar Singh Gurmukh Singh v. ITO

191 ITR 667Supreme Court of India1991#331 most cited

What is Attar Singh Gurmukh Singh v. ITO authority for?

Section 40A(3) is not absolute, and its application considers business expediency, practical difficulties, and other relevant factors, while keeping in mind its objective to curb the practice of ploughing unaccounted money into the system.

254

judgments rely on this decision, according to BharatTax’s citation analysis of 367,854 Indian tax judgments — from 2015 to 2026.

Also referred to as

Attar Singh Gurmukh Singh v. ITO · Section 40A(3) · Rule 6DD · cash payments disallowance · business expediency · practical difficulties · genuineness of transaction · objective of Section 40A(3) · unaccounted money · profits and gains of business or profession

Also reported as

59 Taxmann 114 SCC 38559 Taxmann.com 11

Issues it is cited on

Judgments citing Attar Singh Gurmukh Singh v. ITO

Srl Construction Pvt Ltd, Jalna vs. ACIT, Central Circle 2, Aurangabad

In the result, appeal of the assessee is dismissed

ITA 847/PUN/2024[2019-20]Status: DisposedITAT Pune29 Jan 2025AY 2019-20

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.847/Pun/2024 िनधा"रण वष" / Assessment Year : 2019-20 Srl Construction Pvt. Ltd., V The Acit, 197, Khasgaon, Jafrabad, S Central Circle-2, Jalna – 444203. Aurangabad. Pan: Aaqcs7227L Appellant/ Assessee Respondent /Revenue Assessee By Shri Prateekjha – Ar Revenue By Shri Ajay Kumar Keshari – Cit(Dr) Date Of Hearing 16/12/2024 Date Of Pronouncement 29/01/2025 आदेश/ Order Per Dr.Dipak P.Ripote, Am : This Is An Appeal Filed By The Assessee Against The Order Of Ld.Principal Commissioner Of Income Tax(Central)-Nagpur, Passed Under Section 263 Of The Income Tax Act, 1961; Dated 08.03.2024 For A.Y.2019-20. The Assessee Has Raised The Following Grounds Of Appeal : “1. A) On The Facts & Circumstance Prevailing In The Case & In Law, Honorable Pr. Cit (Central), Nagpur Has Erred In Not Considering The Submission Made By The Appellant In Fair And

Section 143(3)Section 263Section 40A(3)

…f Rs.67,65,000/- being URD Purchases which are necessary to incurred in executing the civil construction work. Since, the expenditure is expediant to run the business of the appellant and in view of the decision in the case of Attar Singh Gurumukhsing v/s ITO 191 ITR 667. (B) Further, the civil construction work relets to execution of the schemes of the Government of Maharashtra like drinking water proggram and construction of road the work was to be complted within time bound limit given by the government in the tender. (C) In view of the above narrated reasons, the honorable Pr. CIT (Central), Nagpur has erred…

M.M.Construction, Moradabad vs. ITO, Ward-1(1), Moradabad

Appeal is allowed in above terms

ITA 729/DEL/2020[2011-12]Status: HeardITAT Delhi05 Dec 2024AY 2011-12

Bench: Sh. Satbeer Singh Godara & Sh. M. Balaganeshita No. 729/Del/2020 : Asstt. Year : 2011-12 M. M. Construction, Vs Income Tax Officer, C-81, Ashiyana Colony, Kanth Ward-1(1), Road, Moradabad-244001 Moradabad-244001 (Appellant) (Respondent) Pan No. Aaifm1910H Assessee By : Sh. Akash Ojha, Adv. Revenue By : Sh. Akhilesh Kumar Yadav, Sr. Dr Date Of Hearing: 02.12.2024 Date Of Pronouncement: 05.12.2024 Order Per Satbeer Singh Godara: This Assessee’S Appeal For Assessment Year 2011-12, Arises Against The Order Of Cit(A), Moradabad Dated 24.09.2019 In Appeal No. 134/Ito-1(1)/Mbd/2017-18 In Proceedings U/S 143(3) R.W.S. 147 Of The Income Tax Act, 1961 (In Short “The Act”).

For Appellant: Sh. Akash Ojha, AdvFor Respondent: Sh. Akhilesh Kumar Yadav, Sr. DR
Section 143(3)Section 40Section 40ASection 40A(3)

…rtmental representative seeks to buttress the point that the aim & objective of the impugned statutory provision is to control unaccounted money claimed as business deduction as per honourable apex court landmark decision in Attar Singh Gurmukh Singh Vs. ITO, 191 ITR 667 (SC). 5. We have given our thoughtful consideration to assessee’s and Revenue’s vehement contentions against and in support of the impugned disallowance and find no reason to sustain the same. We wish to make it clear that the assessee is in unorganized civil contractor activities wherein it had made payments to various suppliers which is nowher…

Burmah Devi W/O. Gokul Chand, Rewari vs. ITO Ward -1, Rewari

In the result, the grounds and appeal filed by the assessee are allowed

ITA 9555/DEL/2019[2009-10]Status: DisposedITAT Delhi11 Sept 2024AY 2009-10

Bench: Shri S.Rifaur Rahman & Shri Sudhir Kumarburmah Devi, Vs. Ito, Ward 1, W/O Gokul Chand, Rewari. Flat No.133, Shanti Lok Society, Sector 3, Bawal Road, Rewari (Haryana). (Pan : Apzpd7437E) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 18.07.2024 Date Of Order : 11.09.2024 Order Per S.Rifaur Rahman,Am: This Appeal Has Been Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), Rohtak [“Ld. Cit(A)”, For Short] Dated 23.10.2019 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are, Original Assessment Was Made Under Section 143 (3) Of The Income-Tax Act, 1961 (For Short “The Act”) Vide Order Dated 28.11.2011. While Framing Assessment, The Ao Observed That The Assessee Made Cash Payments Of Rs.77,47,703/- Against Purchase Of Goods & Also Made

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 143Section 40A(3)

…the similar issue on record, Hon’ble Punjab & Haryana High Court in the case of Gurdas Garg vs. CIT (A) (supra) has held as under :- “8. The respondent's case is also supported by the judgment of the Supreme Court in Attar Singh Gurmukh Singh vs. ITO, (1991) 4 SCC 385. After referring to Rule 6DD, the Supreme Court held:- "7. In our opinion, there is little merit in this contention. Section 40- A(3) must not be read in isolation or to the exclusion of Rule 6-DD. The section must be read along with the rule. If read together, it will be clear that the provisions are not intended to restrict the business activitie…