CIT v. Amman Steel and Allied Industries

377 ITR 568High Court2015#3479 most cited

What is CIT v. Amman Steel and Allied Industries authority for?

Disallowance under Section 40A(3) cannot be made if income has been arrived at by estimating turnover and applying a gross profit rate, as the gross profit inherently accounts for such expenditure.

34

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2016 to 2025.

Also referred to as

CIT v Amman Steel and Allied Industries · Section 40A(3) · disallowance · estimated turnover · gross profit rate · Section 145(3) · cash payments

Sections most often in play

Section 115BBESection 145(3)Section 143(3)Section 153ASection 37(1)Section 40A(3)Section 69ASection 132

Issues it is cited on

prohibited by lawsection 40a(3)section 145(3)section 40asearch assessmentsection 153ddouble taxationsection 37(1)section 40section 37unexplained moneysection 139(1)

Judgments citing CIT v. Amman Steel and Allied Industries

Maruthi Poly Bags P Ld, Pudukottai vs. DCIT, Circle 3(1), Trichy

ITA 540/CHNY/2019[2010-11]Status: DisposedITAT Chennai09 Oct 2019AY 2010-11

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Keerthirajan, C.AFor Respondent: Shri. D. Divahar, IRS, JCIT
Section 143(3)Section 148

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : CHENNAI "ी जॉज" माथन, "या"यक सद"य एवं "ी इंटूर" रामा राव, लेखा सद"य के सम" BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. Nos. 539, 540 & 541/CHNY/2019 "नधा"रण वष" /Assessment years : 2009-10, 2010-11 and 2011-12. Maruthi Poly Bags (P) Ltd, Vs. The Deputy Commissioner of No.10-C, 11-C, Income Tax, SIPCOT Industrial Estate, Circle 3(1) Pudukkottai 622 002. Trichy. [PAN AACCM 9978N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant by : Shri. S…

Maruthi Poly Bags P Ld, Pudukottai vs. DCIT, Circle 3(1), Trichy

ITA 539/CHNY/2019[2009-10]Status: DisposedITAT Chennai09 Oct 2019AY 2009-10

Bench: Shri George Mathan & Shri Inturi Rama Rao

For Appellant: Shri. S. Keerthirajan, C.AFor Respondent: Shri. D. Divahar, IRS, JCIT
Section 143(3)Section 148

…आयकर अपील"य अ"धकरण, ‘बी’ "यायपीठ, चे"नई IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH : CHENNAI "ी जॉज" माथन, "या"यक सद"य एवं "ी इंटूर" रामा राव, लेखा सद"य के सम" BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER आयकर अपील सं./I.T.A. Nos. 539, 540 & 541/CHNY/2019 "नधा"रण वष" /Assessment years : 2009-10, 2010-11 and 2011-12. Maruthi Poly Bags (P) Ltd, Vs. The Deputy Commissioner of No.10-C, 11-C, Income Tax, SIPCOT Industrial Estate, Circle 3(1) Pudukkottai 622 002. Trichy. [PAN AACCM 9978N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant by : Shri. S…

ACIT, Hubli vs. Shri. Mallanagouda S. Sankagoudashani, Hubli

In the result the appeals of the assessee for Assessment years 2008-09 to 2010-11 are partly allowed and those of revenue’s are dismissed

ITA 294/BANG/2014[2010-11]Status: DisposedITAT Bangalore05 May 2017AY 2010-11

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing counsel
Section 133ASection 143(3)Section 147Section 148

…reconsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordinate bench for the assessment year 2006-07. T…

ACIT, Hubli vs. Shri. Mallanagouda S. Sankagoudashani, Hubli

In the result the appeals of the assessee for Assessment years 2008-09 to 2010-11 are partly allowed and those of revenue’s are dismissed

ITA 293/BANG/2014[2009-10]Status: DisposedITAT Bangalore05 May 2017AY 2009-10

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing counsel
Section 133ASection 143(3)Section 147Section 148

…reconsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordinate bench for the assessment year 2006-07. T…

ACIT, Hubli vs. Shri. Mallanagouda S. Sankagoudashani, Hubli

In the result the appeals of the assessee for Assessment years 2008-09 to 2010-11 are partly allowed and those of revenue’s are dismissed

ITA 292/BANG/2014[2008-09]Status: DisposedITAT Bangalore05 May 2017AY 2008-09

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing counsel
Section 133ASection 143(3)Section 147Section 148

…reconsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordinate bench for the assessment year 2006-07. T…

Mallangouda Sankagoudashi vs. DCIT

In the result the appeals of the assessee for Assessment years 2008-09 to 2010-11 are partly allowed and those of revenue’s are dismissed

ITA 222/BANG/2014[2010-11]Status: DisposedITAT Bangalore05 May 2017AY 2010-11

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing counsel
Section 133ASection 143(3)Section 147Section 148

…reconsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordinate bench for the assessment year 2006-07. T…

Mallangouda Sankagoudashi vs. DCIT

In the result the appeals of the assessee for Assessment years 2008-09 to 2010-11 are partly allowed and those of revenue’s are dismissed

ITA 221/BANG/2014[2009-10]Status: DisposedITAT Bangalore05 May 2017AY 2009-10

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing counsel
Section 133ASection 143(3)Section 147Section 148

…reconsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordinate bench for the assessment year 2006-07. T…

Mallangouda Sankagoudashi vs. DCIT

In the result the appeals of the assessee for Assessment years 2008-09 to 2010-11 are partly allowed and those of revenue’s are dismissed

ITA 220/BANG/2014[2008-09]Status: DisposedITAT Bangalore05 May 2017AY 2008-09

Bench: Shri Vijay Pal Rao & Shri S. Jayaraman

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing counsel
Section 133ASection 143(3)Section 147Section 148

…reconsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordinate bench for the assessment year 2006-07. T…

ACIT, Hubli vs. Shri. Mallanagouda S. Sankagoudashani, Hubli

In the result the appeal of the assessee is partly allowed and the revenue’s appeal is dismissed

ITA 291/BANG/2014[2007-08]Status: DisposedITAT Bangalore28 Apr 2017AY 2007-08

Bench: Shri Vijay Pal Rao & Shri S. Jayaramanassessment Year: 2007-08 Shri Mallanagouda S. Sankagoudashani, No.222, 2Nd Floor, The Deputy Commissioner Of Bhavani Arcade, Income Tax, Vs. Near Basav Vana, N.C.M., Circle 1(1), Hubli – 580 029. Hubli.

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing Counsel
Section 133ASection 143(3)Section 147Section 148

…onsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High ITA Nos. 219 & 291/Bang/2014 Page 30 of 38 Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordin…

Mallangouda Sankagoudashi vs. DCIT

In the result the appeal of the assessee is partly allowed and the revenue’s appeal is dismissed

ITA 219/BANG/2014[2007-08]Status: DisposedITAT Bangalore28 Apr 2017AY 2007-08

Bench: Shri Vijay Pal Rao & Shri S. Jayaramanassessment Year: 2007-08 Shri Mallanagouda S. Sankagoudashani, No.222, 2Nd Floor, The Deputy Commissioner Of Bhavani Arcade, Income Tax, Vs. Near Basav Vana, N.C.M., Circle 1(1), Hubli – 580 029. Hubli.

For Appellant: Shri Ashok Kulkarni, AdvocateFor Respondent: Shri G. Kamaladhar, Standing Counsel
Section 133ASection 143(3)Section 147Section 148

…onsideration of the issue in the light of the decision of Hon’ble Andhra Pradesh High Court in the case of Indwell Constructions v. CIT, 232 ITR 776 (AP), however the latest decision of Madras High Court in case of CIT Vs Amman Steel and Allied Industries (377 ITR 568) is directly on the point. He has relied upon the said decision of Hon’ble Madras High ITA Nos. 219 & 291/Bang/2014 Page 30 of 38 Court. In view of the facts and circumstances of the case as well as the decision of the coordinate bench of the Tribunal we set aside this issue to the record of the AO with similar directions as given by the coordin…

The Commissioner of Income Tax vs. M/S Bahubali Neminath Muttin

The appeals are dismissed

ITA/5029/2011HC Karnataka13 Jul 2016

Bench: ANAND BYRAREDDY,RAGHVENDRA S.CHAUHAN

Section 132Section 143Section 153ASection 260ASection 40ASection 41Section 68Section 69B

…232 ITR 776 (AP) @ 778, 779 (Indwell Constructions vs. Commissioner of Income Tax) 2. 229 ITR 229 (All) @ 232 (Commissioner of Income Tax vs. Banwari Lal Banshidhar) 3. 302 ITR 246 (P & H) @ 249 (Commissioner of Income Tax vs. Aggarwal Engineering Company) 4. 377 ITR 568 @ 580 (Commissioner of Income Tax vs. Amman Steel and Allied Industries) 13 12. In the light of the above contentions and on a perusal of the impugned orders, we notice that the learned Counsel for the appellants had re-worded the substantial questions of law as framed in the appeal memoranda and as framed by this Court at the stage of final he…

The Commissioner of Income Tax vs. M/S Bahubali Neminath Muttin

The appeals are dismissed

ITA/5028/2011HC Karnataka13 Jul 2016

Bench: ANAND BYRAREDDY,RAGHVENDRA S.CHAUHAN

Section 132Section 260ASection 69B

…232 ITR 776 (AP) @ 778, 779 (Indwell Constructions vs. Commissioner of Income Tax) 2. 229 ITR 229 (All) @ 232 (Commissioner of Income Tax vs. Banwari Lal Banshidhar) 3. 302 ITR 246 (P & H) @ 249 (Commissioner of Income Tax vs. Aggarwal Engineering Company) 4. 377 ITR 568 @ 580 (Commissioner of Income Tax vs. Amman Steel and Allied Industries) 15. In the light of the above contentions and on a perusal of the impugned orders, we notice that the learned Counsel for the appellants has re-worded the substantial questions of law as framed in the memoranda of appeals and as framed by this Court at the stage of admission…

The Commissioner of Income Tax vs. M/S Bahubali Neminath Muttin

The appeals are dismissed

ITA/5025/2011HC Karnataka13 Jul 2016

Bench: ANAND BYRAREDDY,RAGHVENDRA S.CHAUHAN

Section 132Section 260ASection 69B

…232 ITR 776 (AP) @ 778, 779 (Indwell Constructions vs. Commissioner of Income Tax) 2. 229 ITR 229 (All) @ 232 (Commissioner of Income Tax vs. Banwari Lal Banshidhar) 3. 302 ITR 246 (P & H) @ 249 (Commissioner of Income Tax vs. Aggarwal Engineering Company) 4. 377 ITR 568 @ 580 (Commissioner of Income Tax vs. Amman Steel and Allied Industries) 16. In the light of the above contentions and on a perusal of the impugned orders, we notice that the learned Counsel for the appellants has re-worded the substantial questions of law as framed in the memoranda of appeals and as framed by this Court at the stage of admissio…

Bindal Smelting (P) Ltd., New Delhi vs. DCIT, New Delhi

In the result the appeal of the assessee is allowed

ITA 5568/DEL/2013[2010-11]Status: DisposedITAT Delhi17 Mar 2016AY 2010-11

Bench: Shri J. Sudhakar Reddy & Shri At Varkeyay: 2010-11 Bindal Smelting P.Ltd. Vs. Dcit, Circle 3(1) 987, 1St Floor, Hardhiyan Singh Road New Delhi Karolbagh New Delhi 110 005

For Appellant: Sh. Kapil Goel, AdvFor Respondent: Sh. Manoj Chopra, Sr. D.R
Section 115Section 80Section 80I

…d allow ground no.2. 10. With respect to ground no.1, though we find some merit in the submissions of the Ld.Counsel for the assessee, as the same is in line with the propositions laid down in the case of CIT, Trichi vs. M/s Amman Steel and Allied Industries, 377 ITR 568 (Madras), and in view of our accepting the alternate contentions, we do not express any opinion on this issue, as it would be an academic exercise. 11. In the result the appeal of the assessee is allowed. Order pronounced in the Open Court on 17th March, 2016. (A.T.VARKEY) ACCOUNTANT MEMBER Dated: the 17th March, 2016 Manga • ITA 5568/Del/2013 A…

CIT v. Amman Steel and Allied Industries (377 ITR 568) — Cited in 34 Judgments | BharatTax