Chhajed Steel Corporation v. Asstt. CIT

77 ITD 419Income Tax Appellate Tribunal2001#25609 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 341,001 Indian tax judgments — from 2021 to 2022.

Judgments citing Chhajed Steel Corporation v. Asstt. CIT

Sg International, Kanpur vs. Income Tax Officer-1(4), Kanpur

In the result, the appeal of the assessee stands allowed

ITA 135/LKW/2022[2015-16]Status: DisposedITAT Lucknow08 Aug 2022AY 2015-16

Bench: Shri T. S. Kapoorassessment Year:2015-16

Section 154Section 40Section 40BSection 44A

…I.T.A. No.135/Lkw/2022 Assessment year:2015-16 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH ‘SMC’, LUCKNOW BEFORE SHRI T. S. KAPOOR, ACCOUNTANT MEMBER Assessment year:2015-16 M/s S. G. International, Vs. Income Tax Officer-1(4), 25, Mayapuri, Ganga Vihar, Kanpur. Jajmau, Kanpur. PAN:ABOFS9774N (Appellant) (Respondent) Appellant by Shri Mohd. Shahzeb, C.A. Respondent by Shri Harish Gidwani, D. R. Date of hearing 03/08/2022 Date of pronouncement 08/08/2022 O R D E R This is an appeal filed by the assessee against the order of learned CIT(A) dated 25/03/2022. In this appeal the assessee has taken the…

M/S. Ratilal & Sons, Mumbai vs. Income Tax Officer-17(3)(1), Mumbai

In the result, appeal by the assessee is allowed

ITA 5276/MUM/2019[2015-16]Status: DisposedITAT Mumbai21 Apr 2022AY 2015-16

Bench: Shri Sandeep Singh Karhail & Shri Gagan Goyal

For Appellant: Shri Jitendra singhFor Respondent: Shri Chandra Vijay, CIT–DR

Section 143(3)Section 250Section 40Section 40A(3)

…also not in dispute. Thus, even in view of the above, the applicability of section 40A(3) of the Act, in the present case, is not justified. 17. In addition to above, we find that the Co-ordinate Bench of the Tribunal in Chhajed Steel Corpn. v/s ACIT: [2001] 77 ITD 419 (Ahmedabad - ITAT) while deleting the disallowance of remuneration to the partner under section 40A(2) of the Act, observed as under: “…we hold that provision of section 40A had no application to a case governed by section 40(b) of the I.T. Act. This intention is more clearly manifested after amendment of above provision with effect from 1st April…

Bhagwan Theaters (Firm), Allahabad vs. Income Tax Officer Ward-1(5), Allahabad

In the result, the appeals of the assessee are partly allowed

ITA 139/ALLD/2019[2012-13]Status: DisposedITAT Allahabad05 Jul 2021AY 2012-13

Bench: Shri.Vijay Pal Raoassessment Year: 2012-13 & Assessment Year: 2013-14 M/S. Shree Bhagwan Theatres V. Income Tax Officer, Ward- 166. Bai Ka Bagh, Allahabad - 1(5) 211003. Allahabad-211001. Tan/Pan: Aayfs0529E (Appellant) (Respondent) Appellant By: Shri K. K. Srivastava Shri Sumit Agrawal, C.A. Respondent By: Shri A.K. Singh, Cit ( Sr. Dr) Date Of Hearing: 12.07.2021 Date Of Pronouncement: 15.07.2021 O R D E R Per Shri Vijay Pal Rao: These Two Appeals By The Assessee Are Directed Against Two Separate Orders Of Cit(A)- Allahabad, Both Dated 08.08.2019 For The A.Ys. 2012-13 & 2013-14 Respectively. 2. For The A.Y.2012-13, The Assessee Has Raised The Following Grounds.- “1. Because The Authorities Below Erred In Law & On Facts In Dismissing The Appellants Grounds On The Issue Of Jurisdiction. 2. Because The Appellants Ground That The Authorities Below Could Not Travel Recorded Was Illegally & Unjustifiably Dismissed Legal Aspects As Has Been Brought By The Of Hearing Of Appeal. 3. Because The Ld. Cit(A) Unjustifiably Disallowed Part Of The Remuneration Of Partner Smt. Meera Gupta & Smt. Sita Gupta Without Provisions Of Section 40(B)

For Appellant: Shri K. K. SrivastavaFor Respondent: Shri A.K. Singh, CIT ( Sr. DR)

Section 139Section 143(3)Section 147Section 148Section 40

…the AO at Rs.2731965/- was rightly disallowed by him invoking the provisions of Section 40A(2). In this regard, the learned counsel for :he assessee has cited before us the decision of Ahmedabad Bench of ITAT in the case of Chhajed Steel Corporation Vs. AClT-77 ITD 419 wherein it was held that the provisions of Section 40(b) and 40A(2) operate in different fields and the provisions of Section 40A have no application in the cases where Section 40(b) has been applied. It was held by the Tribunal that the AO thus has no power to go into Ithe question of reasonableness of remuneration paid by the firm to its partner…