Bagmari Tea Company Ltd. v. CIT

251 ITR 640High Court2001#13901 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2022.

Judgments citing Bagmari Tea Company Ltd. v. CIT

M/S. SHREE BUILDCON & ASSOCIATES,,NASHIK vs. JOINT COMMISSIONER OF INCOME-TAX,,

In the result, the appeal is dismissed

ITA 445/PUN/2015[2010-11]Status: HeardITAT Pune10 May 2022AY 2010-11

Bench: Shri R.S. Syal & Shri S.S. Viswanethra Ravi"नधा"रण वष" / Assessment Year : 2010-11

Section 40A(3)

…adras High Court in Vaduganathan Talkies and others Vs. ITO (2020) 428 ITR 224 (Mad.), the Hon’ble Karnataka High Court in Nam Estates Pvt. Ltd. Vs. ITO (2020) 428 ITR 186 (Kar.) and the Hon’ble Calcutta High Court in Bagmari Tea Company Ltd. Vs. CIT (2001) 251 ITR 640 (Cal.) have confirmed the disallowance 4 M/s. Shree Buildcon & Associates where the payment was made in cash exceeding the stipulated amount notwithstanding the genuineness of the transaction. 6. The assessee in Madhav Govind Dulshete (supra) was engaged in the business of sale of Kerosene which was purchased from notified dealers. He made p…

VIKRANT HAPPY HOMES PVT.LTD,,NASHIK vs. DEPUTY COMMISSIONER OF INCOME TAX,,

In the result, the appeal of assessee is allowed

ITA 2856/PUN/2016[2012-13]Status: DisposedITAT Pune11 Jan 2022AY 2012-13

Bench: Shri Inturi Rama Rao & Shri S.S. Viswanethra Ravi

For Appellant: Shri Sanket JoshiFor Respondent: Shri M. Jasnani
Section 40A(3)

…rted in (2020) 428 ITR 224 (Mad.), the Hon‟ble High Court of Karnataka in the case of Nam Estates Pvt. Ltd. Vs. ITO reported in (2020) 428 ITR 186 (Kar.) and the Hon‟ble High Court of Calcutta in the case of Bagmari Tea Company Ltd. Vs. CIT reported in (2001) 251 ITR 640 (Cal.) have confirmed the disallowance where the payment was made in cash exceeding the stipulated amount notwithstanding the genuineness of the transaction. 8. Let us examine the decision of Hon‟ble Jurisdictional High Court in the case of Madhav Govind Dulshete (supra), brief facts therein, that the assessee engaged in the business of sale of…

SURESH CHUNNILAL SHARMA,,PARBHANI vs. INCOME-TAX OFFICER, WARD - PARBHANI,, PARBHANI

In the result, the appeal is partly allowed for statistical

ITA 1883/PUN/2018[2013-14]Status: DisposedITAT Pune16 Feb 2021AY 2013-14

Bench: Shri R.S. Syalआयकर अपील सं. / Ita No.1883/Pun/2018 िनधा"रण वष" / Assessment Year : 2013-14

Section 40A(3)

…adras High Court in Vaduganathan Talkies and others Vs. ITO (2020) 428 ITR 224 (Mad.), the Hon’ble Karnataka High Court in Nam Estates Pvt. Ltd. Vs. ITO (2020) 428 ITR 186 (Kar.) and the Hon’ble Calcutta High Court in Bagmari Tea Company Ltd. Vs. CIT (2001) 251 ITR 640 (Cal.) have confirmed the disallowance where the payment was made in cash exceeding the stipulated amount notwithstanding the genuineness of the transaction. 13. Let me consider the judgment of the Hon’ble jurisdictional High Court in Madhav Govind Dulshete (supra) a little more elaborately. The assessee therein was engaged in the business of…

ACIT, CHENNAI vs. GREEN HOUSE PROMOTERS PRIVATE LTD., CHENNAI

In the result, the appeals of the Revenue in ITA Nos

ITA 1828/CHNY/2015[2009-10]Status: DisposedITAT Chennai21 Jun 2017AY 2009-10

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. Supriyo Pal, IRS, JCITFor Respondent: Shri. Y. Sridhar, C.A
Section 194CSection 40Section 4U

…case reported in 217 ITR 431. 10. The Calcutta High Court has held in the case reported in 247 ITR page 13 that a payments in cash reflected in books of accounts cannot be disallowed invoking Section 40A(3) of the Act. 11. Similarly, the decision reported in 251 ITR 640 and another decision reported in 250 ITR 738 have reiterated that liberal view should be taken in the consideration of Rule 6DD(j) where there are compelling or mitigating circumstances. 12. The meaning of the word ‘practicable’ in the ordinary parlance must prevail in the context of Rule 6DD(j) and in the object of the enactment namely, to relax…

ACIT, CHENNAI vs. GREEN HOUSE PROMOTERS PRIVATE LTD., CHENNAI

In the result, the appeals of the Revenue in ITA Nos

ITA 1796/CHNY/2015[2011-12]Status: DisposedITAT Chennai21 Jun 2017AY 2011-12

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. Supriyo Pal, IRS, JCITFor Respondent: Shri. Y. Sridhar, C.A
Section 194CSection 40Section 4U

…case reported in 217 ITR 431. 10. The Calcutta High Court has held in the case reported in 247 ITR page 13 that a payments in cash reflected in books of accounts cannot be disallowed invoking Section 40A(3) of the Act. 11. Similarly, the decision reported in 251 ITR 640 and another decision reported in 250 ITR 738 have reiterated that liberal view should be taken in the consideration of Rule 6DD(j) where there are compelling or mitigating circumstances. 12. The meaning of the word ‘practicable’ in the ordinary parlance must prevail in the context of Rule 6DD(j) and in the object of the enactment namely, to relax…

ACIT, CHENNAI vs. GREEN HOUSE PROMOTERS P. LTD., CHENNAI

In the result, the appeals of the Revenue in ITA Nos

ITA 1785/CHNY/2015[2010-11]Status: DisposedITAT Chennai21 Jun 2017AY 2010-11

Bench: Shri Chandra Poojari & Shri Duvvuru R.L. Reddyआयकर अपील सं./Ita Nos. 1785, 1796 & 1828/Mds/2015 "नधा"रण वष" /Assessment Years :2010-11, 2011-12 & 2009-2010. The Assistant Commissioner Of Income M/S. Green House Promoters Tax Vs. Pvt. Ltd, Company Circle Ii(1) No.4,Rama Rao Street, Chennai. T. Nagar, Chennai 600 017. [Pan Aaccg 2333B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Shri. Supriyo Pal, IRS, JCITFor Respondent: Shri. Y. Sridhar, C.A
Section 194CSection 40Section 4U

…case reported in 217 ITR 431. 10. The Calcutta High Court has held in the case reported in 247 ITR page 13 that a payments in cash reflected in books of accounts cannot be disallowed invoking Section 40A(3) of the Act. 11. Similarly, the decision reported in 251 ITR 640 and another decision reported in 250 ITR 738 have reiterated that liberal view should be taken in the consideration of Rule 6DD(j) where there are compelling or mitigating circumstances. 12. The meaning of the word ‘practicable’ in the ordinary parlance must prevail in the context of Rule 6DD(j) and in the object of the enactment namely, to relax…

R. SRINIVAS RAJU,BANGALORE vs. ACIT, BANGALORE

In the result, the appeal of the assessee is partly allowed

ITA 162/BANG/2011[2007-08]Status: DisposedITAT Bangalore17 Jun 2016AY 2007-08

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

For Appellant: Shri H. Guruswamy, ITPFor Respondent: Dr.Shankar Prasad, JCIT (D.R)
Section 131Section 132Section 153ASection 271(1)(c)Section 40A(3)

…any exception provided under Rule 6 DDJ of IT Rules. He has relied upon the orders of the authorities below. The learned Departmental Representative has also relied upon the judgment of Hon'ble Calcutta High Court in the case of Bagmari Tea Co. Ltd. Vs. CIT (251 ITR 640) and submitted that the Hon'ble High Court has held 7 that when the payment is made in contravention of Section 40A(3) of the Act though the payment is genuine, the same cannot be allowed. The Hon'ble High Court has observed that if this view is followed that the payment is genuine then that should not be disallowed in that case the provisions o…

Bagmari Tea Company Ltd. v. CIT (251 ITR 640) — Cited in 7 Judgments | BharatTax