CIT v. Achal Alloys (P) Ltd.

218 ITR 46Reported decision1996#11321 most cited
9

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2017 to 2025.

Sections most often in play

Section 143(3)Section 263Section 37Section 40A(3)

Issues it is cited on

section 198permanent account numbermaximum marginal ratesection 40a(2)(b)business expediencyinterest free advancessection 40a(2)section 220mistake apparent from recordsection 220(2)section 40a(3)section 30

Judgments citing CIT v. Achal Alloys (P) Ltd.

RADHIKA DEVCON PRIVATE LIMITED,INDORE vs. ITO-4(1), INDORE, INDORE

In the result, appeal of the assessee is dismissed

ITA 636/IND/2024[2015-16]Status: DisposedITAT Indore09 Jun 2025AY 2015-16

Bench: Smt. Annapurna Gupta, Accountant Amember & Shri Paresh M. Joshiassessment Year: 2015-16

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

…s that transaction was genuine transaction, therefore, would not attract any disallowance under Section 40A(3) of the Act. In this regard, he placed reliance on the decision of the Jurisdictional High Court in the case of CIT vs. Achal Alloys (P) Ltd., [1996] 218 ITR 46 and also on the decision of ITAT Indore Bench in the case of M/s. Essargee Construction Pvt. Ltd. vs ITO- 1(5), Bhopal [ITA No.10/Ind/2023] vide order dated 03.08.2023.  The other limb of the argument against the disallowance made was that the impugned land form part of its closing stock and, therefore, in effect there was no expenditure incurred…

M/S RANA & JOSHI BUILDTECH P LTD,INDORE vs. THE PCIT-1, BHOPAL

In the result, the appeal of the assessee is allowed

ITA 229/IND/2023[2015-16]Status: DisposedITAT Indore26 Sept 2024AY 2015-16

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Rana & Joshi Buildtech Pr. Cit-1 Pvt. Ltd. Bhopal (Formerly Known As M/S Rana Buildtech Pvt. Ltd. ) Vs. 218 Civil Lines, Below Dainik Bhaskar Office Vidisha (Appellant / Assessee) (Respondent/ Revenue) Pan: Aafcr9858P Assessee By Shri S.N. Agrawal Ar Revenue By Shri Ram Kumar Yadav, Cit-Dr Date Of Hearing 11.09.2024 Date Of Pronouncement 26 .09.2024

Section 143(3)Section 263Section 271E

…he has relied upon following decisions: (i) CIT v. Gabriel India Ltd. reported in [1993] 203 ITR 108 (Bombay) (ii) CIT v. Nirma Chemicals Works (P.) Ltd.. reported in [2009] 182 Taxman 183 (Gujarat) (iii) CIT v. Achal Alloys (P) Ltd. as reported in [1996] 218 ITR 46 Page 21 of 27 ITANo.229/Ind/2023 M/s Rana & Joshi Buildtech Pvt. Ltd. (iv) M/s Essargee Construction Pvt. Ltd. vs. ITO-1(5), Bhopal [ITA No. 10/Ind/2023] vide order dated 03-08-2023 (ITAT, Mumbai) 12.1 Ld. AR has thus submitted that even otherwise the cash payment for purchase of land from the farmers falls in the exceptions provided under Ru…

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ITO -1 (5), BHOPAL

In the result, appeal of assessee is allowed

ITA 10/IND/2023[22014-15]Status: DisposedITAT Indore03 Aug 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanim/S. Essargee Construction Ito 1(5) Pvt. Ltd. Bhopal Vs. A-10, Mezenine Floor Essarjee House Bhopal (Appellant / Assessee) (Respondent/ Revenue) Pan: Aaace 8852F Assessee By Shri Manoj Fadnis, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 31.07.2023 Date Of Pronouncement 03.08.2023

Section 40Section 40A(3)

…identification to enable the ITO to satisfy himself about the genuineness of the transactions then the disallowance u/s 40A(3) is not justified. The ld. AR relied upon the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Achal Alloys (P) Ltd. 218 ITR 46 and submitted that the Hon’ble Page 3 of 21 Essarjee Constructions P. Ltd. Page 4 of 21 High Court has held that where the payments in cash were duly signed by the payee and the instance on making cash payments was founded on fulcrum that payees did not have any bank account . Further the genuineness of the payments was not exposed to any doubt t…

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ACIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 9/IND/2023[22013-14]Status: DisposedITAT Indore31 Jul 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

…identification to enable the ITO to satisfy himself about the genuineness of the transactions then the disallowance u/s 40A(3) is not justified. The ld. AR relied upon the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Achal Alloys (P) Ltd. 218 ITR 46 and submitted that the Hon’ble High Court has held that where the payments in cash were duly signed by the payee and the instance on making cash payments was founded on fulcrum that payees did not have any bank account . Further the genuineness of the payments was not exposed to any doubt then the disallowance u/s 40A(3) is not justified. Thus, Ld…

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 8/IND/2023[22012-13]Status: DisposedITAT Indore31 Jul 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

…identification to enable the ITO to satisfy himself about the genuineness of the transactions then the disallowance u/s 40A(3) is not justified. The ld. AR relied upon the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Achal Alloys (P) Ltd. 218 ITR 46 and submitted that the Hon’ble High Court has held that where the payments in cash were duly signed by the payee and the instance on making cash payments was founded on fulcrum that payees did not have any bank account . Further the genuineness of the payments was not exposed to any doubt then the disallowance u/s 40A(3) is not justified. Thus, Ld…

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE ACIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 7/IND/2023[2010-11]Status: DisposedITAT Indore31 Jul 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

…identification to enable the ITO to satisfy himself about the genuineness of the transactions then the disallowance u/s 40A(3) is not justified. The ld. AR relied upon the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Achal Alloys (P) Ltd. 218 ITR 46 and submitted that the Hon’ble High Court has held that where the payments in cash were duly signed by the payee and the instance on making cash payments was founded on fulcrum that payees did not have any bank account . Further the genuineness of the payments was not exposed to any doubt then the disallowance u/s 40A(3) is not justified. Thus, Ld…

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT- 1(1), BHOPAL

In the result, appeals of assesse for A

ITA 6/IND/2023[2010-11]Status: DisposedITAT Indore31 Jul 2023AY 2010-11

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

…identification to enable the ITO to satisfy himself about the genuineness of the transactions then the disallowance u/s 40A(3) is not justified. The ld. AR relied upon the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Achal Alloys (P) Ltd. 218 ITR 46 and submitted that the Hon’ble High Court has held that where the payments in cash were duly signed by the payee and the instance on making cash payments was founded on fulcrum that payees did not have any bank account . Further the genuineness of the payments was not exposed to any doubt then the disallowance u/s 40A(3) is not justified. Thus, Ld…

M/S ESSARGEE CONSTRUCTION PVT. LTD.,BHOPAL vs. THE DCIT-1 (1), BHOPAL

In the result, appeals of assesse for A

ITA 11/IND/2023[22015-16]Status: DisposedITAT Indore31 Jul 2023

Bench: Shri Vijay Pal Rao & Shri B.M. Biyani

Section 142(1)Section 143(3)Section 147Section 148Section 154Section 40A(3)

…identification to enable the ITO to satisfy himself about the genuineness of the transactions then the disallowance u/s 40A(3) is not justified. The ld. AR relied upon the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Achal Alloys (P) Ltd. 218 ITR 46 and submitted that the Hon’ble High Court has held that where the payments in cash were duly signed by the payee and the instance on making cash payments was founded on fulcrum that payees did not have any bank account . Further the genuineness of the payments was not exposed to any doubt then the disallowance u/s 40A(3) is not justified. Thus, Ld…

M/S. DIVINE CIETY PVT. LTD.,UJJAIN vs. THE DCIT 2(1), UJJAIN

In the result, this appeal filed by the assessee is partly allowed under

ITA 161/IND/2015[2010-11]Status: DisposedITAT Indore12 Jan 2017AY 2010-11

Bench: Shri D.T. Garasia & Shri O.P. Meenaa.Y. 2010-11

Section 40A(3)Section 68

…1 Divine City 161 of 2015 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER And SHRI O.P. MEENA, ACCOUNTANT MEMBER A.Y. 2010-11 M/s. Divine City P. Ltd., Ujjain PAN – AACCD 4627 M :: Appellant Vs DCIT-2(1), Ujjain :: Respondent Assessee by Shri S.S. Deshpande, CA Respondent by Shri K.G. Goyal, DR Date of hearing 12.1.2017 Date of pronouncement 12.1.2017 O R D E R PER SHRI D.T. GARASIA, JM The above appeal filed by the assessee is against the order of learned CIT(A)-Ujjain dated 26.12.2014. 2. Short facts of the case are that the assessee is in business o…

CIT v. Achal Alloys (P) Ltd. (218 ITR 46) — Cited in 9 Judgments | BharatTax