Attar Singh Gurmukh Singh v. ITO

Manav Johar, Rishikesh vs. DCIT, Central Circle, Dehradun

…able on facts and are not applicable to the present case, because the case laws cited by appellant are prior to the amendment in the rules 6DD of the I.T. Rules. Moreover, the Hon’ble Apex Court in the very same case of Attar Singh Gurmukh Singh v. ITO (1997) 191 ITR 667 (SC) have categorically upheld that the payments for acquisitions of stock- in-trade or raw materials are clearly covered under provision of section 40A(3) of the I.T. Act. In view of the above discussion addition of the AO is confirmed and appeal of the appellant on this ground is dismissed”. 2.2 Aggrieved, the assessee is in appeal before this…

Manav Johar, Rishikesh vs. DCIT, Central Circle, Dehradun

…able on facts and are not applicable to the present case, because the case laws cited by appellant are prior to the amendment in the rules 6DD of the I.T. Rules. Moreover, the Hon’ble Apex Court in the very same case of Attar Singh Gurmukh Singh v. ITO (1997) 191 ITR 667 (SC) have categorically upheld that the payments for acquisitions of stock- in-trade or raw materials are clearly covered under provision of section 40A(3) of the I.T. Act. In view of the above discussion addition of the AO is confirmed and appeal of the appellant on this ground is dismissed”. 2.2 Aggrieved, the assessee is in appeal before this…

Meena Johar, Rishikesh vs. DCIT, Central Circle, Dehradun

…able on facts and are not applicable to the present case, because the case laws cited by appellant are prior to the amendment in the rules 6DD of the I.T. Rules. Moreover, the Hon’ble Apex Court in the very same case of Attar Singh Gurmukh Singh v. ITO (1997) 191 ITR 667 (SC) have categorically upheld that the payments for acquisitions of stock- in-trade or raw materials are clearly covered under provision of section 40A(3) of the I.T. Act. In view of the above discussion addition of the AO is confirmed and appeal of the appellant on this ground is dismissed”. 2.2 Aggrieved, the assessee is in appeal before this…

M/S. Balasore Co-Operative Urban Bank Ltd., Balasore vs. ACIT, Balasore Circle, Balasore

In the result, appeal of the assessee is partly allowed for statistical purposes

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita No.467/Ctk/2017 (नििाारण वषा / Assessment Year :2012-2013) M/S Balasore Cooperative Bank Vs. Acit, Balasore Circle, Limited, Balasore Bibekananda Marg, Balasore-756001 Pan No. : Aaccb 7823 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri S.N.Sahu/Somnath Sahoo,Advs राजस्व की ओर से /Revenue By : Shri M.K.Gautam, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 13/08/2020 घोषणा की तारीख/Date Of Pronouncement : 12/10/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Passed By The Cit(A), Cuttack, Dated 04.08.2017, For The Assessment Year 2012-2013, On The Following Grounds Of Appeal :- 1) That The Order Of The Id. Cit(Appeals) Confirming The Additions & Disallowances Made By The A.O. Is Illegal, Arbitrary, Unjustified & Not In Accordance With Law. 2) That The Addition Of Rs. 36,79,148/- U/S. 40(A)(Ia) Of The I.T. Act, 1961 Confirmed By Cit(Appeals) To The Extent Of Rs. 36,30,998/- Is Illegal, Arbitrary, Uncalled For & Not In Accordance With Law & The Same Should Have Been Deleted By The Learned Cit(Appeals). 3) That The Disallowance U/S 40(A)(Ia) Of Rs. 36,79,148/- As Detailed Below Is Illegal, Arbitrary & Unjustified & Hence Should Have Been Deleted By The Learned Cit(A) As The Genuineness Is Not In Doubt. Non-Deduction Of Tds Is A Separate Issue. A) Commission Payment To Dlds Collection Agents Rs. 33,45,248/- B) Legal Expenses Rs. 2,52,000/- C) Audit Fees Rs. 81,900/-

…आयकर अपीऱीय अधिकरण, कटक न्यायपीठ,कटक IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM आयकर अऩीऱ सं./ITA No.467/CTK/2017 (नििाारण वषा / Assessment Year :2012-2013) M/s Balasore Cooperative Bank Vs. ACIT, Balasore Circle, Limited, Balasore Bibekananda Marg, Balasore-756001 PAN No. : AACCB 7823 M (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee by : Shri S.N.Sahu/Somnath Sahoo,Advs राजस्व की ओर से /Revenue by : Shri M.K.Gautam, CIT-DR सुनवाई की तारीख / Date of Hearing : 13/08/2020 घोषणा की तारीख/Date of Pronouncement : 12/10/202…

M/S Nam Estates Pvt. Ltd vs. The Income Tax Officer

In the result, we do not find any merit in this

Bench: ALOK ARADHE,H.T. NARENDRA PRASAD

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER 2020 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD I.T.A. NO.32 OF 2013 BETWEEN: M/S. NAM ESTATES PVT. LTD., NO.150, 1ST FLOOR, EMBASSY POINT BANGALORE-560001 (REPRESENTED BY ITS GENERAL MANAGER ACCOUNTS AND TAXATION SRI. D. VIJAYAKUMAR AGED ABOUT 53 YEARS S/O R. DHARMALINGAM). ... APPELLANT (BY SRI. CHYTHANYA K.K. ADV.,) AND: THE INCOME TAX OFFICER WARD-12(1), # 14/3, 4TH FLOOR RASHTROTHANA BHAVAN NRUPATHUNGA ROAD, BANGALORE-560001. ... R…

Shri Gautam Sharma, Jodhpur vs. DCIT, Central Circle-2, Jodhpur

In the result, the appeal of the assessee is allowed

Bench: : Shri Ramesh C.Sharmavk;Dj Vihy La-@Ita No. 120/Jodh/2019 Fu/Kzkj.K O"Kz@Assessment Year : 2012-13 Cuke Shri Gautam Sharma The Dcit Vs. 221-222, Shyam Nagar, Scheme, Pali Central Circle Link Road, Jodhpur Jodhpur Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Awdps 1276 K Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Amit Kothari, Ca Jktlo Dh Vksj Ls@Revenue By: Shri Abhimanyu Yadav, Jcit-Dr Lquokbz Dh Rkjh[K@ Date Of Hearing : 29/06/2020 ?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 04/09/2020 Vkns'K@ Order Per Ramesh C. Sharma, Am This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Udaipur Dated 12-02-2019 For The Assessment Year 2012-13, In The Matter Of Order Passed U/S 147/ R.W.S. 143(3) Of The Income Tax Act, 1961. 2.1 Due To Prevailing Covid-19 Pandemic Condition, The Hearing Of The Appeal Is Concluded Through Video Conference. The Only Grievance Of The Assessee Relates To Disallowance Of Rs.40.57 Lacs Paid Towards Purchase Of Land, By Invoking The Provisions Of Section 40A(3) Of The Act.

…T, Central Circle-2, Jodhpur ‘’exceptional or unavoidable circumstances’’ and the assessee furnishes evidence as to the genuineness of the payment and the identity of the payee. 2.6 Reliance was placed on the decision of Attar Singh Gurmukh Sing Vs ITO [1991] 191 ITR 667 (SC) wherein the Hon’ble Supreme Court while upholding the validity of such provisions had held that the terms of Section 40A(3) are not absolute and considerations of business expediency and other relevant factors are not excluded. Genuine and bona fide transactions are not taken out of the sweep of the Section. 2.7 As per ld. AR of the assessee…

Rajendra Kumar Sahoo, Keonjhar vs. ACIT, Circle-1(1), Cuttack

In the result, appeal of the assessee is dismissed

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अपीऱ सं./Ita No.53/Ctk/2018 (नििाारण वषा / Assessment Year : 2012 - 2013) Mr. Rajendra Kumar Sahoo, Vs. Acit, Circle-1(1), Cuttack Prop. Of New Kanak Jewellery & Kanak Transport, At/Po: New Market, Keonjhar-758001 स्थायी ऱेखा सं./Pan No. : Arkps 2114 G (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. यनधागररती की ओर से /Assessee By Shri B.R.Panda/Satyajit Nanda, Advs. : राजस्व की ओर से /Revenue By : Shri Subhendu Dutta, Dr सुनवाई की तारीख / Date Of Hearing : 22/01/2020 घोषणा की तारीख/Date Of Pronouncement : 16/03/2020 आदेश / O R D E R Per L.P.Sahu, Am : This Is An Appeal Filed By The Assessee Against Order Of Cit(A), Cuttack, Dated 18.10.2017 For The Assessment Year 2012-2013. 2. As Per The Office Note/Order Sheet Entry, The Appeal Of The Assessee Is Barred By 48 Days. In This Regard, The Ld. Ar Of The Assessee Has Filed An Application For Condonation Of Delay Along With An Affidavit. Considering The Application Along With The Affidavit Of The Assessee For Condonation Of Delay, To Which Ld. Dr Did Not Object To The Same, We Condone The Delay In Filing The Appeal & The Appeal Is Heard Finally.

…ring the exigency of business and genuineness of payment and identity of both payer and payees, the addition made for violation of Sec.40A(3) of the IT. Act should not have been applied and in the case of Attar Singh Gurmukh Singh v. Income Tax Officer (1991) 191 ITR 667, the Supreme Court considering sub-rule (j) of rule 6DD observed that where the assessee furnishes evidence to the satisfaction of the assessing officer as to the genuineness of the payments and the identity of the payee, such payments cannot be disallowed. 4. That so far the disallowance of Rs.20,55,438/- i.e. 25% of Rs.82,21,750/- claimed towar…

M/S. S.D. Minerals Pvt.Ltd., Surat vs. The Jt.CIT., (OSD)Circle-4, Surat

In the result, the appeal of the assessee stands allowed

Bench: Shri Sandeep Gosain & Shri O.P.Meena, Accoutant Member आ.अ.सं/.I.T.A No.554/Srt/2019 िनधा"रण वष"/Assessment Year:2009-10 M/S. S.D. Minerals Pvt. Ltd., Joint Commissioner Of 3009, World Trade Centre, Income-Tax Circle –4 Ring Road Surat 395002 (Osd)Surat Pan: Aakcs 3533 K अपीलाथ" Appellant ""यथ"/Respondent

…S. D. Mineral Pvt. Ltd. v. JCIT-Circle-4 (OSD) Surat /I.T.A.No. 554/SRT/2019/A.Y. 09-10 Page 1 of 16 आयकर अपीलीय अिधकरण,सुरत "यायपीठ, सुरत IN THE INCOME TAX APPELLATE TRIBUNAL-SURAT-BENCH-SURAT BEFORE SHRI SANDEEP GOSAIN, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUTANT MEMBER आ.अ.सं/.I.T.A No.554/SRT/2019 िनधा"रण वष"/Assessment Year:2009-10 M/s. S.D. Minerals Pvt. Ltd., Joint Commissioner of 3009, World Trade Centre, Income-Tax Circle –4 Ring Road Surat 395002 (OSD)Surat PAN: AAKCS 3533 K अपीलाथ" Appellant ""यथ"/Respondent Shri Ramesh Malapani, CA िनधा"रती क" ओर से /Assessee by Mrs. Anupama Singla, Sr.D.R. राज"व…